A. Review. The board of directors shall review the salary ordinance as conditions require.
1. Changes, additions to, and deletions from the provisions of this chapter shall be only by ordinance of the board of directors.
B. Validity. If any paragraph, sentence, clause or phrase of this salary ordinance for any reason is held to be unconstitutional or invalid, such shall not affect the remaining portions of this chapter.
C. Reference Adoption. The following ordinances, schedules, reports, and materials are hereby adopted by reference:
1. Ordinance No. 1270, Employer-Employee Relations, Procedures, Rules and Policies.
2. Memorandum of agreement between Coachella Valley Water District and the Coachella Valley Water District Employee Association (CVWDEA), dated January 1, 2017.
3. Memorandum of agreement between Coachella Valley Water District and the Association of Coachella Valley Water District Managers (ACVWDM) dated January 1, 2019.
4. Memorandum of agreement between Coachella Valley Water District and Association of Supervisory Support Evaluation Team (ASSET) dated April 1, 2017.
5. Deerings Military and Veteran’s Code including § 395 thereof.
D. General Manager’s Authority. The general manager is hereby authorized to make administrative decisions necessary to implement this chapter and to expedite district services.
E. Availability of Rules. A copy of these rules is available to each employee of the district by being placed on file in the human resources department.
F. Working Hours. General office work hours of the district shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays, or as established by the general manager.
G. Personnel Action Form. The district will mail copies of personnel action forms (PAF) to the employees by first-class mail. This will include all PAFs except those regarding cost-of-living adjustments that are given to all employees. These will be distributed by means selected by the district.
H. Vehicle Control. Operation of district-owned vehicles shall be restricted to authorized district personnel only. No employee shall operate a district vehicle without a valid California driver’s license. The license must be the appropriate class and have the proper endorsements for the vehicle driven. District vehicle operation is limited to district business and work only. The use of district vehicles for personal use is unauthorized and will be in violation of district policy.
The district may require certain employees and officers to commute to and from work in district-owned vehicles. Commuting employees and officers shall not use the vehicle for personal activities.
Passengers authorized for travel in the closed portion of district vehicles (no one is authorized as a passenger in the open portion of a district vehicle) shall be restricted to those whose employment, research or presence can be related to a district operation or function.
I. Tax on District-Assigned Vehicles. In accordance with current U.S. Treasury Regulations (IRS) most employees using a district-owned vehicle for commuting to and from work will be considered to have received a taxable benefit. Currently, this benefit is considered $3.00 per day for most employees but some employees are considered to receive a higher benefit.
Currently, the district does not make withholding for federal and state income taxes on these amounts. The total annual value of the benefit will be added to the year-end W-2 statement as other income and should be considered by the employee when they file their annual tax returns.
J. Community Assistance – Emergencies. District personnel who find themselves at the scene where injury or damage requires their assistance should follow these actions upon determining the extent of the problem:
1. Request “control” to dispatch emergency units (fire, police, medical). Be prepared to report the urgency of conditions, the kinds of equipment needed, and how your location can be found.
2. When (if) transporting an injured person or damaged material, you (the Good Samaritan) are responsible and liable for the care, welfare, or damage your actions or conduct may cause during transport.
The “injured” or “owner of the damaged” may file suit for recovery of damage from the “Good Samaritan” and the health care facility has the authority to require identification of the person who delivers an “injured.”
The district insures itself for liabilities of these kinds. This insurance coverage may not keep the “injured” from filing suit against the “Good Samaritan.”
K. Employee Parking. Employees parking vehicles on district property must follow district policy regarding lot and space designations.
L. Parking Fee. The district, ACVWDM, ASSET, and CVWDEA will reconvene the parking committee if there is a need to meet future South Coast Air Quality Management District requirements.
M. Labor/Management Committees. Three labor/management committees shall be established and each committee shall be composed of the district’s general manager, assistant general manager, and human resources director and four employees from the appropriate bargaining unit and one staff representative from ACVWDM, ASSET, or CVWDEA.
The committees shall meet at least quarterly. In addition, upon the written request of either party, and upon mutual consent, a meeting may be withdrawn for no business or an additional meeting may be scheduled to deal with issues that may arise within the district.
The district, ACVWDM, ASSET, and CVWDEA agree to attempt to solve all matters, within the scope of representation, at the lowest level possible prior to submitting matters to the labor/management committees.
Individual grievances and adverse actions shall not be discussed at such meetings. Matters related to the duty to bargain and not appropriately discussed in another forum, such as the safety committee, may be discussed. The labor/management committees shall not have the authority to add to, amend or modify the memorandum of agreement.
Issues to be discussed at such meetings shall be submitted at least two weeks in advance to the human resources director along with the names of any resource people, if any, for the agenda prior to the meeting. A reasonable number of resource people may be called to the meeting subject to availability.
The committee meetings will be on district property on district time and shall not exceed two hours.
If formed, committee between the district and all bargaining units to examine recommended programs and suggestions to improve financial stability through efficiencies involving nonpersonnel actions (CVWDEA only).
N. Stewards’ Program. It is agreed by the district and ASSET that the purpose of stewards is to promote an effective relationship between the district and ASSET.
1. Stewards. ASSET may designate stewards to represent employees in the processing of grievances, appeals from disciplinary actions, performance rating appeals and other formal appeals, subject to the following rules and regulations:
a. ASSET shall be entitled to four stewards as follows:
b. ASSET shall furnish the human resources director with a written list identifying by name and assigned work areas all regular and alternate stewards and the list shall be kept current by ASSET.
c. ASSET will designate as a steward only employees who have passed an initial probation period and have been designated as regular full time.
d. Alternate stewards shall be recognized as a regular steward only when such regular steward is absent.
e. The department head may request to meet with ASSET regarding the placement of shop stewards in the department. The placement of stewards may be changed by mutual agreement between ASSET and the department head.
f. The district shall not transfer nor change the work locations of a steward with the intent of altering the appointed list of designated ASSET stewards.
g. Limitation on ASSET Business. Stewards shall not be granted permission for time off from their work assignments for the purpose of conducting general ASSET business.
h. ASSET shall be solely responsible for and shall hold harmless and indemnify the district for any and all liabilities arising from the actions, directions or advice given by its appointed stewards acting in their capacities as stewards.
2. Handling Grievances (ASSET Only).
a. When requested by an employee, a steward may investigate any alleged grievance in his or her assigned area and assist in its preparation and presentation. The steward shall encourage the employee to discuss a problem informally with the employee’s supervisor prior to filing a formal grievance.
b. After notifying and receiving approval of the steward’s immediate supervisor, a steward shall be allowed up to two hours’ time off during working hours (without loss of time) to investigate, prepare and present each grievance. The immediate supervisor will authorize the steward to leave the steward’s work unless compelling circumstances require refusal of such permission, in which case, the immediate supervisor shall inform the steward of the reasons for the denial and establish an alternate time when the steward can reasonably be expected to be released from his or her work assignment. If additional time is needed to research or present a grievance, the steward may request an additional two hours subject to approval by the human resources director.
c. When a steward desires to contact an employee at the employee’s work location, the steward shall first contact the immediate supervisor of that employee, advise the supervisor of the nature of the business, and obtain the permission to meet with the employee. The immediate supervisor will make the employee available in a timely manner unless compelling circumstances prohibit the employee’s availability, in which case the supervisor will notify the steward when the steward can reasonably expect to contact the employee. Where this prohibition extends beyond one workday, the time limits of the grievance procedure shall be extended for the length of the delay.
d. A steward’s interview or discussion with an employee on district time will be handled expeditiously.
O. ACVWDM/ASSET/CVWDEA Material. The district shall notify ACVWDM/ASSET/CVWDEA of new employees within seven working days from the date of hire. The district will provide ACVWDM/ASSET/CVWDEA with the employee name, department/section and their scheduled work hours. ACVWDM/ASSET/CVWDEA representatives will not contact the new employee while they are working, but before/after work or breaks and lunches. The district will provide the new employee with ACVWDM/ASSET/CVWDEA enrollment information and a copy of the current MOU during orientation.
If the new employee will be a member of the CVWDEA bargaining unit, a representative from CVWDEA will be allowed to provide the new employee with CVWDEA enrollment information and a copy of the current MOU during new employee orientation. (Ord. 1425.12 § 1, 2019)