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1994-05 Adopt Personnel Policy RESOLUTION NO. 94-05 RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF ENCINITAS ADOPTIN~ A PERSONNEL POLICY WHEREAS, staff has prepared a personnel policy which has been reviewed by the Board of Commissioners ("Board"); and WHEREAS, the Board has thoroughly discussed all of the aspects of the said Personnel Policy. The Board has reviewed these documents from the standpoint of their impact upon Equal Employment Opportunity and upon completion of the Housing Authority's mission. The Board has reviewed these documents and has determined that they are accurate; and: WHEREAS, the staff has recommended to the Board that these documents be adopted as presented. NOW, THEREFORE, IT BE RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF ENCINITAS AS FOLLOWS: SECTION 1. The personnel Policy be adopted as presented. SECTION 2. This Resolution shall take effect immediately. DATED: April 27, 1994 HOUSING AUTHORITY OF THE CITY OF ENCINITAS AYES: Bond, Davis, Duvivier, ~~ Hano, Wiegand NOES: None ~hairperson LB/EM/CR010-972%rp51 (04-15-94) P.6 HOUSING AUTHORITY OF ~ CITY OF ENCINITAS Personnel Policy & Procedure April 27, 1994 TABLE OF CONTENTS Page I. PURPOSE, ADOPTION AND SCOPE OF POLICY 1 A. Purpose 1 B. Adoption 1 C. Modification and/or Revocation 1 D. Administration 1 E. Savings Clause 2 P. Departmental Rules 2 G. Scope of Policy II. POLICY, AFFIRMATIVE ACTION AND EMPLOYEE POLITICAL ACTIVITY A. Policy Statement 2 B. Declaration of Policy of Affirmative Action 2 C. Political Activity of Employees 3 D. Anti-Sexual Harassment Policy 3 III. EMPLOYMENT CLASSIFICATIONS, JOB DESCRIPTION AND JOB EVALUA- TION SYSTEM 3 · A. Employment Classifications 3 B. Job Description 4 C. Job Evaluation System 5 IV. EMPLOYEE APPOINTMENT 5 A. Job Posting 5 B. Recruitment Advertising C. Selection of New Employees 6 D. Employee Orientation 7 E. Employee Probationary Period 7 F. Performance Evaluations V. EMPLOYEE WORK RULES AND REGULATIONS (HOURS OF EMPLOYMENT) VI. COMPENSATION PROGRAM 9 A. Compensation Program Administration 9 B. Employee Overtime Compensation 12 C. Holiday Compensation 12~ VII. BENEFITS 13 A. Income Protection Plan B. Paid leave of Absence Administration (Annual Leave, Holidays and Other Paid'Leave) 16~ C. Insurance, Worker's Compensation and Retirement 18 D. Deferred Compensation 20 E. Credit Union 20 ~222-12 / F. Work Expense Payment 20 G. Tuition Reimbursement 20 VIII.RESIGNATION/TERMINATION AND LAY-OFFS 21 A. Resignation/Termination 21 B. Lay-Offs 22 IX. DISCIPLINARY ACTION AND CAUSES FOR IMMEDIATE DISMISSAL 22 A. Disciplinary Action 22 B. Causes for Immediate Dismissal 23 X. GRIEVANCE PROCEDURE 24 f ! ~222.12 APPENDIX A POLICY OF PERSONNEL CHANGES APPENDIX E - HOUSING AUTHORITY OF THE CITY OF ENCINITAS AFFIRMATIVE ACTION PROGRA~ APPENDIX C - HOUSING AUTHORITY OF THE CITY OF ENCINITAS JOB EVALUATION APPEAL PROCEDURE APPENDIX D - HOUSING AUTHORITY OF THE CITY OF ENCINITAS ANTI- SEXUAL HARASSMENT POLICY APPENDIX E - RESERVED APPENDIX F - HOUSING AUTHORITY OF THE CITY OF ENCINITAS FLEXI- TIM~ GUIDELINES AND FLEXITIHE TARDINESS SANCTIONS APPENDIX G - HOUSING AUTHORITY OF THE CITY OF ENCINITAS EMER- GENCY CLOSING POLICY APPENDIX H - CONFIDENTIALITY OF HOUSING AUTHORITY INFORMATION APPENDIX I - CONFLICT OF INTER~ST CODE APPENDIX J - HOUSING AUTHORITY OF THE CITY OF ENCINITAS TRAVEL, CONFERENCE AND SEMINAR POLICY I1'1 ~222-12 SECTION I: PURPOSE, ADOPTION AND SCOPE OF POLICY Part A: Purpose It is the purpose of this Manual to provide a uniform, comprehen- sive and efficient system Of personnel administration for the Housing Authority of the City of Encinitas, herein after referred to as the }{ACE, and to insure: 1. That employment with the HACE shall be as attractive as possible from a career prospective. 2. That all appointments, promotions, and separations under the }{ACE service shall be on the basis of performance. 3. That position classification and compensation plans for the }{ACE will be founded on the principle of like compensation for like work. 4. That each employee shell be encouraged to render his/her best service to the Housing Authority of the City of Encinitas. 5. That the citizens of the City of Encinitas be assured that their best interests are being served by the employment of the highest possible caliber of personnel. Part B: Adoption This Personnel Policy and Procedures Manual was approved by The Housing Authority of the City of Encinitas Board of Commissioners on the 27th day of April, 1994. Part C: Modification and/or Revooation The Housing Authority of the City of Encinitas Board of Commis- sioners may at any time modify or revoke any or all of these Regulations. Changes to the Personnel Polioy will be made pursuant to the Policy on Personnel Plan Changes listed in Appendix A. Part D: Administration The Housing Authority will provide each employee with a copy of the current Housing Authority of the City of Encinitas Employee Personnel Polioy and Procedures, work rights and obligations per~aining to the employee. Any changes in personnel policy,' procedures, work rights, and obligations shall be communicated to the employee in writing within thirty (30) days of ~uch change. Part E: Savings Clause If any personnel regulation shall be held invalid by judicial or legislative action, the remainder of these regulations, other than that which has been held invalid, shall not be affected. Part F: Depar=mental Rules Each department head may establish department rules of operating procedure which are program-oriented but may not depart from these personnel procedures. Part G: Scope of Policy The policies enunciated In Section II herein apply to all employ- ees doing Housing Authority work. Sections III through X shall not apply to employees who are employed by another employer and are working for the Authority u~der contract with that employer. SECTION II: POLICY, AFFIRMATIVE ACTION AND EMPLOYEE POLITICAL ACTIVITY Part A: Policy Statement These regulations have been written with the realization that the strength and growth of the HACE d'epends directly on the individu- al contributio~ made by every employee. These Regulations further recognize that high productivity and efficiency result from individual job satisfaction. The policy of the Housing Authority of the City of Encinitas is to be always frank, fair, and honest with its personnel and to respect the individual rights of all employees. The Housing Authority of the city of Encinitas shall continue to strive to achieve mutual respect in working relationships and insist that the managers do ali in their power to carry out such a policy. · e ee~fnu~ w~king t~Lher ,~ucessfully, each employee an~ each manager must realize that harmonious relationships are not entirely a matter of r~les but are the outgrowth of daily deci- sions and cooperative attitudes. Part B: Declaration of Policy of Affirmative Action The Housing Authority of the City of Encinitas acknowledges that equal opportunity for all persons is a fundamental human right. Consequently, it is the policy of the HAcE to provide equal opportunity in employment and personnel management for all persons; to provide access to, admission to, f~ll utilization and benefit of training and promotional opportunities without dis- Crimination because of race, color, creed, age, religion, nation- al origin, sex, marital status, public assistance status or / rights within the HACE to the extent permitted by law. To implement this policy, the HACE requires that every person making application for, currently employed by, or applying for further vacancies on staff, comply with the City of Encinitas Affirmative Action Program which has been adopted by the HACE and can be found in Appendix B of this policy. Part C: Political Activity of ~mployees Prohibited activity according to Section 1502(a) of Title United States Code (The Hatch Act) prohibits a state or local employee, whose employment is in connection with an activity which is financed in whole or in part by loans or grants from the United States government, from the following political activity: 1. Use of his/her official authority or influence for the purposes of interfering with or affecting the result of an election or nomination for office; 2. Directly or indirectly coerce, attempt to coerce, command or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency or person for political purposes; and 3. ~e a candidate for public elective office in a partisan election. Part D: Anti-Sexual Harassment Policy The Housing Authority of the City of Encinitas .has an affirmative obligation to keep the work place free of sexual harassment. Policy adopted by the HACE for all employees can be found in .Appendix D of this Policy. SECTION III: EMPLOYMENT CLASSIFICATIONS, JOB DESCRI~TIONAND JOB EVALUATION SYSTEM Part A: Employment Classifications There shall be five classifications of employees: probationary employees, full-time employees, temporary employees, permanent part-time employees and emergency appointments. 1. Probationary Employees: a probationary employee is a person hired to become either a full-time employee or a permanent part- time employee but who has not yet reached the first anniversary of his/her date of hire. While in probationary status, such employee is entitled to all the benefits of the position but may be subject to layoff with or without cause. (See Section IV, Part E infra) Book # .,,. / ~..~'age # ..... O 2. Full-Time Employees: A full-time employee is a person hired to fill a full-time HACE staff position and works minimum (or equivalent) of eight (8) hours per day, five (5) days per week, fifty-two (52) weeks per year, less earned vacation and sick leave benefits and is entitled to all fringe benefits provided by the Housing Authority of the City of Encinitas. 3. Temporary Employees: A temporary employee is an employee who is compensated at an hourly rate for the actual number of hours worked, receives no fringe benefits of any kind, and whose employment is of an indefinite duration to fulfill a specific assignment, usually not to exceed nine (9) months. 4. Permanent Part-Time Employees: A permanent part-time e~ploy- ee is an employee who works less than the standard work hours. Permanent part-time employees are eligible for prorated vacation and sick leave which can be used only after the initial six months of service. Prorated benefits will be determined by the average number of hours worked in proportion to'full-time posi- tions. Permanent part-time employees will be paid for Holidays that fall on reqularly scheduled work days for that employee. Employees who can set their own schedules each week will not be paid for Holidays. F~r~her, all permanent part-time e~ployeee over 18 years of age working more than 1,040 hours per year must participate in the pension plan. An employee desi~nated as per- manent part-time shall receive no other fringe benefits except those fringe benefits expressly required by law. All permanent para-time employees may participate in the Deferred Compensation program. Also, permanent part-time employees have the option of joining the Hospitali~ation, Long-term Disability and Life Insurance Plans at the group rates if they meet the Plan req~ire- merits and agree to have the full monthly premium deducted from their pay check. 5. Emergency Appointment: A temporary part-time employee who is hired at an hourly rate for a period of time not to exceed nine (9) months in any given calendar year to perform a job that is needed to alleviate an emergency situation. An employee hired in this manner is compensated at an hourly rate for the actual number of hours worked and receives no fringe benefits of any kind. Part B: Job Description A job description shall be established for each position and shall be reviewed by the Housing Authority of the City of Enci~i- tas Board prior to authori~ation to establish the position. Each position description shall include the following components: title, department, =ltle of immediate supervisor, the primary objective of the position, major task areas of responsibility, budget responsibilities, responsibility for relationships, manager authority, management provided, knowledge and'skill ~zz - 12 Boo / , ,, requirements, problem solving, work environment and physical requirements. Job descriptions shall be maintained on file in the Administrative Department. Prior to posting, the descriptions and knowledge and skill requirements for each position will be closely examined to determine the extent that the existing descriptions and qualifi- cations present artificial barriers to employment in the posi- tion. Each full-time employee shall be provided with a copy of a current job description for h/s/her position. At least once a year, the manager shall review position descriptions of s~bordi- hate employees for currency. In the event an employee is per- forming duties and responsibilities not contained in the job description, the manager shall draft a revised job description and send a copy to ~he Executive Director. Revised position descriptions that include requests to change the salary range established for the position shall be considered via policy for position reclassification (see position reclassification Section VI, Part A-9). Part C: Job Evaluation System A job evaluation system has been adopted by the Housing Authority of the City of Encinitas Board of Commissioners for evaluating and determining ~he salary range for each HAC~ position. Each job description will be evaluated on the following factors: knowledge and skill required, decision-making discretion, com- plexity, responsibility for relationships, size of organization being managed, responsibility for economic resources, and respon- sibility for development of policy and methods. The positions are evaluated by a committee established by the Executive Direc- tor. The positions are given a point value based on the co~it= tee's evaluation and placed into a grade on the Compensation Schedule. Placement on the Compensation Schedule wall depend on the n~mber of points assigned to the position and external salary information. A Job Evaluation Appeal Procedure is outlined in Appendix C of this policy. The Appeals Procedure can be utilized by employees requesting a re-evaluation of their position by the job evaluation committee as stated above. SECTION IV: EMPLOYEE APPOINTMENT Part A: Job Posting A copy of this Personnel Policy and Procedures Manual and a copy of each required EEO poster will be posted and maintained on each bulletin board or space reserved and marked as a HACE Employment Information Center for perusal by employees and the general public. ~ ~222-12 Boo _ /_ #.5// All notices of any position vacancy in the HACE organization except emergency appointments but including newly created posi- tions, shall be posted on the ~ACE Information bulletin spaces for a period of not less than ten (10) working days. Each posting shall include t/~e job description, instructions for making application, and time deadlines for making application. No position will be filled via the emergency appointment method unless the Executive Director or his/her designee determines that an emergency exists and ~hat waiting ten (10) working days to post a position could endanger the health or well being of HACE tenants or property. All Board approved positions will be filled without discrimina- tion or favor as described in the Affirmative Action Program that has been adopted by the HACE and can be found in Appendix B of this policy. Part B: Recruitment Advertising The HACE will proceed to develop effective recruiting sources to ensure receipt of applications from all elements of the popula- tion within a 3/4 hour commuting radius of the Job site. All employment advertising shall be coordinated through the HACE Administration Department. The MACE Administration Department shall determine the nature and amount of employment advertising funded through allocation from the established budget item for such purpose. Notice of all position vacancies shall be submit- ted to the California Department of Employment Services. The HACE Administration Department will accept responsibility for compliance with ~he City Affirmative Action Program regarding employment advertising. Each advertisement will specify a time period within which application can be placed. Each time the MACE advertises for employment the words "Equal Opportunity Employer,, and/or "An Affirmative Action Employer,, will be includ- ed. Part C: Selection of New ~mployees Ail applications for employment in the Housing Authority of the City of Encinitas shall be made at the HACE Administration Department. ~ach applicant shall complete an approved applica- tion form and such completed application form shall be filed in the office of the HACE Administration Department. Employment application forms will include only job-related questions. When the posting period has ended, the completed applications will be reviewed by the HACE Administration Department and a determi- nation will be made (based on related education and experience) as to which applicants will be interviewed. This information will be forwarded to the appropriate supervisor. Ail interviews shall be between the supervisor desiring a new employee or his/her designee and the potential employee. All employment screening shall utilize only those employment tests which actually predict objective and measurable criteria of performance. The Housing Authority of the City of Encinitas will utilize only those tests which are valid and correlate with the criteria of performance. Uniform grading standards shall be applied to each individual examination. Like tests shall be administered under like conditions. The selection of the best candidate shall be made by the depart- ment head or designated supervisor. All positions are filled only after approval by the Executive Director or his/her designee. Ail persons selected must meet the minimum q~alifica- tions for the position. A pre-employment physical may be re- quired at the expense of the Housing Authority of the city of En¢initas. In the case of an emergency appointment only candidates with an employment application on file will be considered for employment, No candidate can be selected by a manager via the emergency appointment method before a determination by the EXecutive Director or her/his designee that an emergency exists. The HACE Administration Department shall notify all applicants of the fact of non-selection for employment. Ail applications for employment will be hold for a period of not less than one year. A record will be maintained of such applications for use by the HACE Administration Department in determining any illegal dis- criminatory pattern in employment. No person shall be considered for full-time employment if a spouse, brother, sistor, mother, father, son or daughter is currently, a commissioner and/or employee of the Housing Authori- ty of the city of Enoinitas. Part D: Employee orientation Ail employees will be informed as to their rights and responsi- bilities as HACE omployees. They shall be informed how their starting salary was established. They shall review the Personnel Policy and be introduced to other employees. Part E: Employee Probationary Period 1. Probationary Period for New Employees: A six (6) month pro-,, bationary period shall be mandatory for all new employees. Any such employee may be dismissed without cause during his/her pro- bationary period wi~h the approval of the Executive Director. Such dismissal shall not be subject to the procedures contained in Section IX of this Policy Manual, but may be reviewed under 7 ~2~2-1Z Section X of this Policy Manual if the dismissed employee feels his/her civil rights have been violated. Unless dismissed within the six (6) month probationary period, such employee shall automatically attain full-time/part-time employee status. During this probationary period, a new employee shall accrue fringe benefits. However, the new employee shall not take paid vacation until t_he end of the probationary period. 2. Probationary Period for ~mployees Accepting a New Position: A six (6) month probationary period shall be mandatory for all employees accepting a new position. Any such employee may be demoted without cause or terminated with cause with approval of the Executive Director during probationary period. Such an employee shall retain all other aspects of full-time employment status during this probationary period. Part F: Performance Evaluations All performance appraisals will reflect actual performance of the job. All performance appraisals shall be in writing, shall be reviewed with the employee and made part of the employee person- nel file. An employee claiming discriminatory practice in ~erformanoe appraisals may appeal through the grievance procedure in Section X. Management Policy Guide directs that supervisors should strive to conduct evaluations every six months during regular employment and more often during probationary periods. However, at a minimum, a performance review between the employee/manager must be held at the end of such six month probationary period and during regular employment at least annually. Performance evaluation materials will be provided by the ~ACE Administration Department at the end of each employee's probationary period and subsequent anniversary date for the purpose of joint supervisor/employee evaluation. The completed evaluation materials are to be returned to the HACE Administra- tion Department to become a permanent portion of the employee,s personnel file and a copy shall be given to the employee. SECTION V: EMPLOYEE RULES AND REGULATIONS (HOURS OF EMPLOY- MENT) Following are the employee work rules and regulations with respect to hours of employment: 1. Hours: All full-time employees shall be expected to work the equivalent of an eight (8) hour day, forty (40) hour work week, Monday through Friday, except for authorized absences. The HACE may adopt a Flexitime System including a summer hours option. These policies are incorporated together with the Flexitime Guide found in Appendix F. This Flexitime Guide establishes permanent policies for the flexitime system to be offered to employees, subject to approval of their manager. ~e Lunch: Ail employees - one (1! hour per day as scheduled by department head or 90 minutes if no rest periods are taken. 3. Rest Periods: All employees - fifteen (15) minutes each morning and afternoon as scheduled by the department head. ployees are not eligible for rest periods if they take 90 minute lunch periods. 4. Emergency Closing: The Emergency Closing Policy (Appendix G) will be utilized as defined in the policy. SECTION VI: COMPENSATION PROGRAM Par~ A: Compensation Program Administration A ~niform salary scale will apply to all HACE positions, except the Public Housing Maintenanoe positions which are required to be paid wages determined by the U.S. Department of Housing and Urban Development. Pay checks will be issued bi-weekly on every other Friday with time sheets for the preceding two weeks due the Monday prior to the Friday pay day. Fringe benefits and fringe benefit payment shall be uniform for all ncn-exempt HACE positions. In no instance will discriminato- ry practice justify a difference in the fringe benefit program. NOTE: All exempt management employees' fringe benefits, shall be the same as non-exempt employees except that the exempt manage- ment employees' total contribution shall be paid by the Housing Authority. The anniversary dates for full-time and permanent part-time employees, for purposes of seniority, shall be the yearly anniversary of the first day of employment for full-time employ- ees and the accumulation of 2,080 hours for part-time. To facilitate the recording of vacation, sick leave, overtime, other leaves and hours worked, all employees shall attach leave slips to the time sheet for the pay period in which the leave was taken. Suitable forms shall be available through the HACE Administration Department for use in time reporting. Every time report shall be signed by the department head and then forwarded to the HACE Finance and Accounting Department who shall be responsible for keeping records of the employee's accruals. 1. Salary Ranges: Ail positions will be assigned a salary range by approval of the HACE Board. Salary range decisions will include consideration of job rank relationships established by the Job Evaluation Commit- tee (the committee will be designated by the Executive Director), salary survey information from relevant labor markets and Housing Authority of the City of Encinitas Board decisions for salary budgets. 2. Salary Range Update Adjustments: Salary ranges will be updated once each year by the Housing Authority of the City of Encinitas Board to reflect actual and anticipated market movement for salary ranges and salary budgets in the coming year. 3. Merit Increases: The Housing Authority Of the City of Encinitas utilizes an open range compensation schedule. Merit increase percentages may be determined annually by the HACE Board. 4. Guide for Determining Starting Salary: New position incumbents will be assigned a salary rate within the established salary range for the position. A guide to choose theappropriate level for starting salary is as follows: N~?~er of years of appl%cant's related experience or education wn~cn would me helpful xn performing the job minus the number of years of related education or experience desired for entry to the position, if the resultant number is 0 or a nega- tive number, then the starting salary is the minim~ salary for that position.. If the resultant number is larger than zero and if the experience is directly related (that experience where the majority of the job duties were comparable to theposition being filled), the applicant Will be given a 5% increase from the minimum salary established for the position for each positive integer of experience over requirements. In no case can education be used to place a new position incum- bent higher than the minimum salary established for the position. In no case will starting salary be below salary range minimum, only in exceptional cases will starting salary for new employees be established above the midpoint of the appropriate salary range. 5. Probationary ~eriod, Compensation: Employees are not eligible to receive a salary increase within the first six (6) months of the probationary period. Boo~ ~ / ___~ge # 6. Salary Administration, First Two Years of ~mployment: Employees, may at the manager's discretion, receive a merit salary increase (as established by the HACE Board) after six (6) months, as substantiated by performance appraisal if they have satisfactorily completed the probationary period. All employees will receive any salary increases that result from salary range adjustments. 7. 'Salary AdministratioD - Incumbents Beyond 24 Month Employ- ment Employees, may, pending satisfactory ratings on performance appraisals for the preceding months and at the supervisor,s discretion, receive a merit salary increase with the approval of the Executive Director as determined by the Housing Authority of the city of Enoinitas Board annually, to a maximum of the top of the range, for the employee's position effective on their anni- versary date. All employees will receive any salary increases that result from salary range adjustments. S. Salary Administration - HACE Employees Accepting A New Position: a. Starting Salary: If a HACE employee accepts a new position with the HACE, the starting salary will be determined in accor- dance with Section VI, Part A-4 above, effective on the date of change to ~he new position. Employees accepting a new position in a classification with the ~ame or with a higher salary range may be eligible for a salary · ncrease, or may receive the same salary, but will not receive a decrease in salary. Employees accepting a new position in classification with a lower salary range will not be reduced in salary but will be limited by the top of the new salary range. b. Salary Increase: If a HACE employee accepts a new position with the HACE, he/she will be considered for salary increases in accordance with Section VI, Part 6 and Part 7 above. Date of hire will be determined by initial date of hire of continuous employment in the new position. 9. Salary Administration - Position R~classification: If a position is re-evaluated by the job evaluation committee, it will receive a new point total and will be placed on the existing compensation schedule. After the Executive Director has deter- ook #, / mined the classification for the position, if the classification has a higher salary range, the incumbent will be assigned a salary rate as stated in Section VI, Part A-4 above. If the classification has the same or lower salary range, the incum- bent's salary rate will remain the same. Part B: Employee Overtime Compensation There shall be no overtime worked without prior approval by the affected manager. Each employee will be designated as exempt or non-exempt in accordance with the Fair Labor Standards Act (FLSA) definition. ' To comply with FLSA, all non-exempt employees will receive overtime pay at one and one-half (1 1/~) times the regular hourly rate for all approved time in excess of forty (40) hours in any work week (Sunday - Saturday). FLSA allows compensatory time off for non-exempt employees only if taken in the same pay period. Compensatory time off is not allowed for non-exempt employees. Exempt employees are not eligible for overtime pay or compensa- tory time off. Part C: Holiday Compensation Any HACE employee who is required by his/her Department Head to work on any HACE observed holiday shall be paid his/her regular pay for the time worked on such holiday in addition to his/her holiday pay. A permanent part-time employee shall be entitled to holiday pay if a designated holiday falls on a day which the employee is normally scheduled towork. Holiday compensation will be based on the number of hours the employee is normally scheduled to work that day. The Housing Authority of the City of Encinltas has established the following legal public holidays, plus one floating holiday and any other holidays formally recognized by the Housing Authority,s host City of En¢initas: New Year's Day Labor Day Martin Luther King, Jr. Day Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Floating Holidays - The maximum number of floating holiday hours an employee may have any time during the fiscal year is 8 hours. Employees hired between July i and December 31 will receive 8 hourm of floating holiday upon date of hire. Employees hired between January I and June 30 will receive 4 hours of floating holiday upon date of hire. On July i of each year, the floating 12 Boo. ,, / holiday balance for each employee will be increased to the maximum Of 8 hours allowed by the policy. Floating holidays shall be scheduled to first meet the operating needs of the Housing Authority, and then the preference of the employee. Authorization to use floating holidays is granted upon submission of a Leave Request form by the employee. Reasonable notification of the request shall be observed by the employee. To be eligible to be paid for any paid holiday, an employee of the Housing Authority musk be in an official pay status the last work day before the holiday and the next work day after the holiday. When January 1, July 4, November 11, or December 25 fall on Sunday, the following day shall be a holiday. When January 1, July 4, November 11, Or December 25 fall on Saturday, the preceding day shall be a holiday. SECTION VII: BENEFITS Part A: Income Protection Plan It is the intention of the HACE to provide compensation for a specified period of time for employees who become incapacitated by a single episode of illness or a disability. To accomplish this, the ]{ACE has established the following Income Protection Plan. A. Definitions 1. Eligible Employs9: For the purpose of this section, "Eligi- ble Employee" shall mean all employees, excluding reserve employ- ee~ whose appointment does not include the Income Protection Plan. 2. ~_~_~Membe~: "Family Member,, shall mean a spouse, parent, child (natural or adopted), other person under the legal custody or care of the employee, or a person of similar significant relation to the employee as determined by the Department Head. 3. Illness: "Illness,, shall mean disease, injury, impairment, physical or mental condition, or any other cause of incapac- itation requiring in-patient care in a hospital, hospice or residential health care facility, or continuing treatment or supervision by a health care provider or any other cause of incapacitation of an Eligible Employee including that covered by the provisions of the Workers' Compensation Laws of ~he State of california. / 4. Unit of Benefit: "Unit of Benefit" shall mean the equiva- lent of one paid work day, whereby an Eligible Employee may receive compensation for an Absence Occurrence at the employee's established rate of pay. 5. Absence Occurrence: "Absence Occurrence" shall mean an absence from work of the employee for one or more work days, not to exceed 90 calendar days or the total number of hours equiva- lent to 90 calendar days. An employee may not use two IPP Units of benefit concurrently..Once an employee is absent from work for 90 days, they are eligible for Long Term Disability. Absences for which the employee will be compensated for up to 90 calendar days under the Income Protection Plan without reduction of Units of Benefit include the following: a. Illness, injury, impairment or physical or mental condition covered by the provisions of the Workers' Compensation Laws of the State of California. Workers' Compensation statutory bene- fits will be offset to the Income Protection Plan benefits up to the 90 calendar days. b. Any office visit not requiring an entire work day to a licensed physician, chiropractor, dentist or oral surgeon provid- ing the employee notifies the Department Head prior to the visit. If the scheduled appointment is during normal work hours, the employee is expected to be at work immediately preceding the visit and/or be at or return to work immediately following the visit. B. Accrual of Units 1. New Hires - Eligible Employees, other than those specified in Section VII, Part B.3 and B.4 below, shall receive the first Unit of Benefit Upon the date of hire. Subsequent Units shall accrue at the rate of one Unit every three consecutive months of employment until 12 months have been completed. Accrual shall begin on the last day of the month of hire. During the 12 month period, employees shall not accrue Units of Benefit for any three month period during which an Absence Occurrence is incurred. However, if an employee has worked two or more consecutive months prior to an Absence occurrence, h.e/she shall accrue a Unit of Benefit for that three month period. 2. After 12-Month Period - After the initial 12-month period has elapsed, employees shall accrue Units of Benefit at the'rate of one Unit per month, except for any month in which an Absence Occurrence is incurred. However, if an Absence Occurrence is less than four weeks and falls within two months (i.e., illness began in the previous month), accrual shall recommence in the 1 &, ~22 ' 12 month in which the employee returns to work and shall continue, subject to reduction for Absence Occurrences, to a maximum of five units. C. Use of Units: 1. Compensation - An Eligible Employee's first Unit of Benefit (the unit received upon date of hire) and all additional Units thereafter shall be compensated at 100% of the employee's regular rate of pay with one exception: if the employee uses his/her Units of Benefit and drops to a balance of one Unit, compensation will occur at 67% of the employee's regular rate of pay when the last Unit is used. Compensation is as follows: Unit of Benefit Compensation First Unit of Benefit 100 Percent TWo or More Units of Benefit 100 percent One Unit of Benefit 67 Percent 2. Illness of Family Member - In any fiscal year, one Unit of Benefit may be used by an Eligible Employee for a single Absence Occurrence of up to five consecutive work days due to a single episode of disease, injury, impairment, physical o~ mental condition, recruiting in-patient care in a hospital, hospice or residential health care facility, or continuing treatment or supervision by a health care provider, or any other cause of incapacitation of family member, as defined in Section VII, Part A.2. 3. Prior Approval - In order to apply a Unit of Benefit toward an Absence Occurrence, the employee must first obtain the approv- al of the Executive Director and his/her signature on the em- ployee leave documentation form. The Executive Director may require at his or her discretion, written verification of the cause of any Absence Occurrence by a licensed physician, chiro- practor dentist or oral surgeon. 4. Conversion - A Unit of Benefit may not be used in advance of its a accrual or converted into cash, time off from work or any o~her benefit. D. Long Term Disability In addition to the Income Protection Plan (IPP), all HACE employ- ees, excluding reserve employees, receive 1cng term disability insurance. This coverage is designated to provide, to persons insured, a monthly benefit which partially replaces income lost during periods of total disability. Boo~ F , _eaEe # Payment of benefits begins after a 90-day qualifying period is satis£ied (during which time IPP can be used) and continues until either the one period of total disability ends, or the maximum duration of benefits expires. Part B: Paid Leave of Absence (Annual Leave, Holidays and Other Paid Leave) 1. Annual Leave Annual Leave is important, to employees' mental and physical health. It allows employees an extended period of time away from their job. The intent of this policy is to ensure that all employees have an adequate amount of time off each year. Fur- thermore, the }{ACE encourages the use of this time. ~mployees shall be given adequate opportunity during the year to use accrued Annual Leave. Leave time shall be granted at a time when it is not detrimental to the on-going operations of the HACE. A. Regular ~mploYees: The accrual rate for regular employees is as follows: Hours of Biweekly Maximum ~reme~ Annual Leave A~crual Rate Hire - 5 years 104 4.00 hrs. · 208 hrs. 5 - 10 years 128 4.92 hrs. 256 hrs. 10 - 15 years 152 5.85 hrs. 304 hrs. 15+ years 184 7.08 hrs. 368 hrs. a. Ail regular employees shall be given credit for continuous prior comparable public service employment at the rate of 1 year for every 2 years worked. b. Comparable public service e~ployment is defined as employ- ment with a city, county, state, federal government or special district in a position related to the position with the HACE or the City of Encinitas. The following guidelines are established to assist in consistent crediting of "prior service": i. 'Public service employment' is defined as employment in city, county, state, federal government, or special trict. 'Continuous prior public service' is defined as one year or less interruption in public service employment. ii. Prior service applies to full-time regular positions and part-time positions that accrued vacation/annual leave. iii. Only prior service that relates to the position being filled with the HACE will be counted. 16 ~2~-12 * ... / iv. Military service will not be included in the calcula- tion of prior service. B. Reserve Employee: Unless stated otherwise in the employee's letter of reserve appointment, the accrual rate for reserve employees is the same as regular employees. However, reserve employees will not receive credit for prior comparable public service. All reserve employees working less than forty (40) hours per week accrue annual leave time on a pro-rata to the number of hours worked. C. General Guidance: T~e following are general guidelines for use of annual leave: a. Maximum Balance - An employee may not earn additional paid Annual Leave after two (2) times the annual accrual has been earned and remains unused. However, the Executive Director may grant an employee the ability to accrue annual leave above the specified limit for vacation plan~ed near the time an employee reaches the maximum accrual, or a planned extended vacation, or if the workload of an employee is such that she/he is unable to schedule a vacation. b. Annual Leave Accrual - Annual leave will be accrued on a prorated rate each pay period. c. . Conversion of Annual Leave to Cash - An employee may request that all or a portion of their annual leave balance be converted to cash. Such request shall be limited to unexpected and immedi- ate financial hardship or onset of a debilitating physical condition, where the employee is no longer able to perform the duties of his/her position, and must be approved by the Executive Director. d. Separation of F~ployment - Upon separation from employment with the HACE, an employes shall be entitled to cash out any Annual Leave remaining. e. Scheduling - The time at which an employee is granted Annual Leave is determined by the employee's supervisor based upon: i. The needs of the ~ACE; and ii. The employee,s desires. f. Requesting Time Off - A leave request form is to be submit- ted by the employee and approved by their supervisor and the Executive Director prior to the leave commencing. . g. Holidays During Annual Leave - HACE holidays which occur during an employee's Annual Leave are not d~ducted from Annual Leave. 2. Funeral Leave A permanent employee may be granted leave with pay when a death occurs in the employee's immediate family or household. Immedi- ate family and household members are defined in Section VII, Part A. Ordinarily the maximum amount of leave with pay for funeral leave be three (3) consecutive days. However, where circumstanc- es warrant, the supervisor may authorize a longer period of leave with pay, not to exceed five (5) working days. Leave with pay for a funeral for other than an immediate family and/or household member may be approved, at the discretion of the Executive Director. The type of leave (sick leave or administrative leave) and the amount of leave authorized will be decided by the Execu- tive Director. If an employee takes time off for a funeral in a situation not covered above, such time off shall be a leave of absence without pay unless the employee elects to take vacation time. 3. Military Leave Employees who are members of any reserve component of the Mili- tary Forces cf the United States shall be granted leave of absence with pay not to exceed fifteen (15) days in one year in order to go on active duty for such training periods as are necessary to their participation in a reserve training program. All requests for military leave will require four (4) weeks notice except in the advent of a national emergency. Copies of military orders requiring military leave shall be submitted to the supervisor prier to the grant of approval. ~11 existing federal and state statutes applicable to the rights of any employee who in on a leave of absence from the HACE for military service shall be applicable under this Policy Manual. 4. Court Duty Employees subpoenaed as witnesses or called and selected for jury duty shall receive their regular compensation and fringe bene- fits. Pay received for Jury or witness duty must be given to the HACE. Par~ Cz Insurance, Worker's Compensation and Retirement 1. Insurance Benefits A. Hospital - Medical - Surgical Insurance - Dental~ (C) Long Term Disability (LTD) LTD provides an insured employee with monthly payments to par- tially replace income if he/she becomes totally disabled. LTD provides a monthly benefit of insured employees who become 18 w222-12 totally disabled by accidental bodily injury, sickness or preg- nancy. After a qualifying period of 6 months, benefits will accrue with respect to any one period of total disability. Employee participation in the LTD program is mandatory for all eligible employees. Employees must work at least 30 hours per week to be eligible for this benefit. The HACE and full-time employee each pay 50% of the LTD insurance premium cost. 2. Worker's Compensation An employee receiving compensation under worker's compensation will be processed in the following manner, which applies only so long as the employee has accumulated unused sick leave: (A) The employee will keep the worker's compensation check and provide the HACE Finance and Accounting Department with a copy of the check. (B) The ~ACE will pay the employee the difference between the worker's compensation check and full salary. (C) The employee's sick leave will be reduced by the amount of pay listed above in Section VII, Part D, 2B, translated into hours and days. If any employee does not wish to have his accumulated sick leave reduced.through the process described above, such employee may choose an option of declining monetary compensation by the ~ACE and retain accumulated sick leave on the books. Upon return to work, a doctor's certificate shall be required to show the employee's ability to work at his/her former job. The employee is obligated to inform the HACE Accounting Department of the amount of the worker's compensation payment immediately upon receipt of such payment. Failure to notify the HAC~ Finance and Accounting Department upon receipt of such payment shall subject the employee to discharge from employment. 3. Retirement When the Housing Authority of the city of Encinitas is a partici- pant in the [ name of retirement plan ] .. The HACE will have a master retirement system which has been approved by HUD and all applicable Internal Revenue Codes. It will be a private retire- merit plan which gives each participating agency flexibility as to desired features. In accordance with HUD guidelines, the HACE will provide that contributions made by the participating employees be vested in a Fixed Income Fund earning a guaranteed rate. Each participant has the option of investing the Agency contributions on his/her behalf in either the [ name of ] Fund or in the [ name of ] Fund. Employees may choose the disposition of their share of 19 ~22.12 , / -- age Agency contributions on a percentage basis. Employees will be contributing 5 percent of their basic monthly salary and the HACE will provide 5 percent of the employee's monthly salary. Employees active in the plan will become vested at a rate of 20 percent for each full year and 100% vested after five years in the Plan. All per~anent employees 18 or over will join the Plan effective with their employment date. No minimum service is required. A permanent employee working over 1,040 hours per year must participate. Temporary employees are not eligible to parti- cipate in HACE Retirement.Plan.' Social security is not a retirement benefit and shall not be paid by the Housing Authority of the City of Encinitas. Part D: Deferred Compensation A deferred compensation plan is available to all permanent employees on a voluntary basis. Part E: Credit Union The Housing Authority of the City of Encinitas participates in t~he San Diego County Credit Union (SDCCU). Employees par~icipa- tion in SDCCU programs is completely voluntary. Information regarding membership can be obtained from the }lACE. Accounting De- partment. Part F: Work Expense Payment All employee claim~ for reimbursement for allowable expenses and mileage (mileage rate to be set by the HACE Board Of Commission- ers) shall be filed with the HACE Finance and Accounting Depart- ment within a reasonable period (fifteen days as a guide follow- ing the date which such expenses are incurred. For detailed information regarding allowable expenses, consult the Travel, Conference, and Seminar Policy, which is found in Appendix J. Out-of-state travel must be approved by the }{ACE Board. If out- of-state travel is approved, it shall include round-trip tourist air fare and allowable expenses, including registration. Over- night in-state travel requires Executive Director approval. In-state travel not requiring overnight consideration is subject to management approval. Part G: Tuition Reimbursement Any permanent employee working 20 hours a week or more who, in order to improve his/her work performance, take~ undergraduate or graduate courses which have a direct beneficial relationship to his/her work, may receive a refund in the amount of up to 100% of tuition upon submission of evidence of successful completion of An employee desiring to take advantage of this training program must have the course work approved by his/her supervisor prior to enrollment. Factors upon which an employee's eligibility depends include the past work record of the employee, his/her performance ratings, length of service, the relevancy of the course work to the position, the status of the educational institute and the availability of funds. Courses not required by t~e Department Head must be completed during non-working hours, unless approval is received from the Department Head. If special approval is granted, the employee must take his/her own time to make up the time within the same payroll period. The Department Head has the authority to make the final determination as to which alternative will be used. If the employee separates from emplo!rment within six (6) months after reimbursement for courses not mandated by his/her Depart- me~t Head, the employee concerned shall make full restitution of all HACE funds expended. This provision shall not apply to any employee who is forced to resign for health reasons which are verified by a licensed physician. SECTION VIII: RESIGNATION/TEP~4INATION AND LAY-OFFS Part A: Resignation/Termination If an employee wishes to resign from HAC~ service, the employee shall submit his/her written resignation to the Department Head. To resign in good standing, the employee must give at least (14) days no, ice (excluding time taken off for vacation) of his/her intention. Failure to give required notice is grounds for forfeiture of severance benefits as described in the following paragraph. All employees who retire or whose eml~loyment is terminated shall be entitled to payment for accumulated vacation time not to exceed 26 days for employees with 1-3 years of service or 35 days for employees with 4 or more years of service and one-half (1/2) of all unused sick leave not to exceed fifty (50) days paid. Therefore, an employee would need ~o have accumulated 100 sick leave days in order to receive the maximum 50 paid days. Upon death of an employee, pay will be made available upon demand by the decedent's surviving spouse, dependents, or personal representative, in the form of a check made payable to the decedent for the purpose of depositing it with the decedent's estate. Pay shall include one-half accumulated sick leave not to exceed (50) days, accumulated vacation pay, and all wages earned but not received by a deceased employee. / BOOt~, ~ ~_.r'a&e ~ Part B: Lay-Offs The following procedure shall apply should the need to reduce staff size become necessary for reason of curtailment of work or lack of funds as determined by the Department Head with approval by the Executive Director. Within each department and within each classification selected for reduction in force, initial probationary permanent part-time, initial probationary full-time, permanent part-time, and full time employees shall be selected for separation in that order. People, within each classification, will be selected for separa- tion on the basis of length of continuous service with the agency, with the least senior person selected first for separa- tion. People so selected for lay-off shall be given at least a fourteen (14) calendar day written notice of such decision prior to separation. Persons selected for separation by this process shall be placed on unpaid personal leave of absence status for a period not to exceed twenty-four (24) months. The employee on lay-off status shall pay for benefits they wish to maintain (HACE pension, voluntary contributions or health benefits - starting the month following lay-off), except Long Term Disability which is paid by the ~ACE during lay-off. The life insurance benefit is not available while on lay-off status. An employee on. lay-off must officially terminate to collect their pension and will lose the lay-off status at time of termination. Recall shall be on ~he basis of length of continuous service with the }lACE as compared among those on lay-off status for a parti- cular classification. The person with the greatest total length of continuous service shall be recalled first. Notice of recall, indicating position, department and location shall be sent via certified mail to the employee's last known address. The employ- ee has fifteen (15) work days from date of notice to report to work in that position. Should the employee fail to report, the open position will then be offered to the next person on the recall list following the procedure explained above. SECTION IX: DISCIPLINARY ACTION AND CAUSES FOR IM~I~DIATE DIS- MISSAL Part A: DlsciplinaryAction For any employee who has successfully completed his/her proba- tionary period, disciplinary action for minor rule infractions, incompetency, or inefficiency in the performance of employment- related duties shall be carried out as follows: Step 1: Warning Notice ~ 22 ~222-12 Written warning of a decision by an employee,s supervisor of the occurrence of minor rule infractions, incompetency, or ineffi- ciency shall be issued to said employee. Such notice shall be delivered to the employee and placed in the employee's personnel file. This warning notice shall remain in effect for a period of six (6) months from the date of its issuance. Step 2: Dismissal Within the six (6) month period that the warning notice is in effect, the commission of a subsequent minor rule infraction or the failure on the part of the employee to correct the incompe- tency or inefficiency by the end of the six month period shall be cause for dismissal or demotion or salary reduction as recom- mended by supervisor and approved by the Executive Director. Part B: Causes for Immediate Dismissal Any employee who has successfully completed his/her probationary period shall be subject to immediate dismissal by the employee,s supervisor, without the necessity of compliance with the disci- plinary action provisions set forth in Subsection A above, for any of the following reasons: 1. Under the influence of alcohol or any other non-prescribed drugs or prohibited substance while on duty. Willful misconduct other than minor rule violations. 3. Insubordination. 4. Carelessness and negligence in the handling or control of · Housing Authority of the City of Encinitas property or the appropriation of Housing Authority of the City of Encinitas property for his/her own use without adequate payment therefore. 5. Acceptance of a gift under circumstances from which it could be inferred that the giver expected or hoped for preferable or favored treatment in an official or department matter. 6.' Absence from duty without just cause for three or more days. 7. Proven dishonesty in performance of duties. 8. Prohibited political activity pursuant to Section II, Part C of this Policy Manual. 9. Failure to submit to a medical examination, or failure to meet necessary minimum medical standards of physical fitness. Written notice of the dismissal shall be given to the employee by the department head setting forth the reasons for the dismissal. An employee who has been terminated in accordance with this section may upon request, have the dismissal reviewed by the Executive Director. All documentation pertaining to disciplinary action and dismissal proceedings shall be entered in the employee's personnel file. SECTION X: GRIEVANCE PROCEDURE The following grievance procedure is available to any employee who has an employment-related complaint and/or feels that his/her civil rights have been vi61ated. Step One The aggrieved person must present a written complaint on the official Housing Authority of the City of Encinitas grievance report form to hie/her supervisor within five (5) daye of the occurrence of the act, event, or omission constituting the alleged grievance. If the employee fails to comply with this section, he or she shall waive his/her grievance rights under this Section (X). Upon receipt of the said complaint, the manager shall respond in writing within five (5) working days. Such response shall set forth the supervisor'e proposed remedy to the complaint or his denial of a remedy and hie reasons there- fore. Step Two If the employee feels the grievance is not resolved by Step One, he/she shall have the right to demand in writing a hearing before the ~Xecutive Director. If no written demand for a hearing is~ received by the Executive Director within five (5) working days following the supervisor's written responee, the employee waives his/her right to a hearing before the Executive Director. The Executive Director shall give the employee written notice of time and place of hearing. A written record shall be kept of all such proceedings, and written findings of the Executive Director shall be issued to both the employee and the supervisor. Step Three Both the employee and the supervisor shall have the right to appeal the decision made by the Executive Director at the hearing under Step Two to the Housing Authority of the City of Encinitas Board of Commissioners within ten (10) workings of such decision. The Housing Authority of the City of Encinitas Board shall limit ire scope of review to the record of such hearing. A copy of the Official Housing Authority of the City of Encinitas Grievance Report Form is on the following page. ~222 - 12 GRIEVANCE REPORT F24PLOYEE NAMe: DATE - GRIEVANCE OCCURRED: Specific detailed statement of grievance, including other employees involved or compared to, description of casual event, and consequences of the event: Interpretation, in detail, of the terms of the Housing Authority of the city of Encinitas Personnel Policy and Procedures Manual and/or the Affirmative Action Policy violated and claimed in support of the grievance: The remedy which would redress the grievance: Disposition of grievance: SIGNATURES Grieved ~mployee(s): Date: Date: APPENDIX A POLICY ON P~RSONNEL PLAN CHANGES The Mousing Authority of the City of Encinitas Board will use the following criteria in evaluating whether to make changes/ modifications to the Housing Authority of the City of Encinitas Personnel Policy Plan. 1. The City of Encinitas-Personnel Policy Plan will be used as a guide for dete~mining whether changes should be made. 2. a. The extent to which any proposed change addresses a lack of comparability that exists between Housing Authority of the city of Encinitas policies and that of other Housing Authorities; b. or the extent that the proposed change addresses a Personnel Policy issue that is not presentiy covered by the Housing Authority of the City of Encinitas Personnel Policy. $. In determining whether to make Personnel Policy changes to the Housing Authority of the City of Encinitas Board will carefully review the economic impact on the proposed change on the Housing Authority of the City of Encinitas budget. 4. The Housing Authority of-the City of Encinitas Board will review non-urgent Personnel Policy changes annually at budget time. Urgent Personnel Policy items related to statutory changes will be addressed by the Housing Authority of the City of Encini- tas Board as soon as feasible. APPENDIX B AFFIRMATIVE ACTION PROGRA~ I. Dissemination of Information A. The Housing Authority of the City of Encinitas Personnel Policies and Procedures Manual includes this program as Appendix B. B. References to EEO Bulletins (Equal Employment Opportunity) and changes in the Affirmative Action Program will be highlighted in any City employee bulletins, and on a person to person basis. C. Ail new employees are indoctrinated with their rights and responsibilities regarding the Affirmative Action Program. D. A copy of the Personnel Policy and Procedures Manual contain- ing as Appendix B, a copy of this Affirmative Action Program will be available in the Administrative office and a copy of each required Equal Employment poster, will be posted and maintained on each bulletin board or space reserved and marked as a HACE Employment Information Center for perusal by employees and the general public. E. An appropriate ',Nondiscrimination" clause wtll'be negotiated into any labor agreements with organized employees. F. The words "An Equal Opportunity ~mployer" and/or "An Affirma- rive Action Employer" will appear on all invoices, contracts, leases, stationery, employment advertising, etc., of the Housing Authority. G. All contracts shall require contractors, subcontractors, and vendors to state that the contractor, subcontractor, or vendor fully intends to comply with the standards of Equal Employment and Anti-discrimination as cited in the Civil Rights Act of 1964, as a~ended by the Equal Employment Opportunity Act of 1972. The Housing Authority of the City of Encinitas practice of awarding contracts to the lowest, bidder shall be followed pro- vided the bidder meets the City's Affirmative Action require- ments. If a contractor, subcontractor or vendor does not comply with the HACE'S Affirmative Action Requirements, the contract may be awarded to the next lowest bidder with the same procedure applying. H. Department Heads will receive an annual update and orienta- tion on this program at a Department Head Meeting. Each Depart- ment Head will direct subordinate managers in their Affirmative Action responsibilities. II. Recruitment and Hiring A. The Housing Authority of the City of Encinitas will proceed to develop effective recruiting sources of women and minorities. Information will be solicited from women and minority applicants to determine recruiting sources. Compiled information will be reviewed on a regular basis to determine recruiting source effectiveness. The HACE will develop and maintain good working relationships with effective recruiting sources. B. Ail notices of any position vacancy in the Housing Authority of the City of Encinitas organization, including newly created positions, shall be posted on the F~CE Employment Information bulletin spaces for a period of not less than ten (10) working days. Each posting shall include the position, title, salary, statement of duties, minimum required qualifications, instruc- tions for making application, and time deadlines for making application. Ail Board-approved, full-time positions which are vacated by resignation or other reasons and all newly created positions shall be made available to applicants in the following order: 1. Any existing qualified full-time HACE employee. 2. All other. C. Ail employment screening shall, utilize only those employment tests which actually predict objective and measurable criteria of performance. The Housing Authority of the City of Enoinitas will utilize only those tests which are valid and correlate with the criteria of performance. Uniform grading standards shall be applied to each individual exam. Like tests shall be a~minis- tered under like conditions. D. Prior topostlng, the descriptions and qualifications for each position will be closely ex~mined to determine the extent that the existing descriptions and qualifications present artifi- cial barriers to employment in the position. Posted qualifica- tions will be the minimum required for satisfactory performance in the position. E. Employment application forms will include job-related ques- tions only. F. The Housing Authority of the City of Encinitas shall notify all applicants who participate in testing or employment inter- views if they are not selected for employment. Such applications will be returned to the active application file for consideration in subsequent screening for similar position vacancies. A record will be maintained of such applications for use by the Adminis- tration Department in determining any illegal discriminatory patterns in employment. 6'2 ~2~-12 iii. Employee Retention A. A grievance procedure is available to any employee who has an employment-related complaint and/or feels that his/her civil rights have been violated. B. Ail full-time employees who are terminated or who resign their positions shall be given an opportunity to participate in an exit interview with the Affirmative Action Officer to provide an opportunity for employee expression of the reason for resigna- tion or termination. All exit interviews shall determine employee views with regar~ to execution of the Affirmative Action Policy. A record of complaints filed will be maintained to enable determination of improper practice under this policy. C. All disciplinary action, suspension, and dismissal will be carried out pursuant to the Personnel Policy and Procedures Manual. D. All performance appraisals will reflect actual performance on the job. All performance appraisals shall be in writing, shall be reviewed with the employee, and made part of the employee personnel file. An employee claiming discriminatory practice in performance appraisal may appeal through the grievance procedure as set forth in Section III, Part A, of the Affirmative Action Program. E. A job description shall be established for each full-time position and shall be reviewed by the Board prior to authoriza- tion to staff the position. Each position description shall include the following components: Title, Department, Chain of Command, Location, Salary Range, Date ~osition description estab- lished Or revised, General Statement of position objectives, Specific statement of Position Duties and Responsibilities and Specific statement of qualifications required to perform duties and responsibilities. Job descriptions shall be maintained on file in the Administration Department. IV. Training and Upward Mobility It is the intention of the Housing Authority of the City of Encinitas to analyze, describe and evaluate each position. When the associated minimum job skill requirements for each position have been adequately described, each position will be examined to determine relationships in required skills with other positions. These positions related by similarity in required skills but at different levels of responsibility will be linked by career lad- ders. Career ladders define the additional educational and skill requirements necessaz~ to qualify for promotion to higher levels Of responsibility in related skill areas. The HACE will develop a policy to encourage employees to develop specific qualifica- tions for higher levels of responsibility. Women and minorities ~22-12 Boom / will be specifically encouraged to participate in such develop- ment programs as they are developed. Such programs may include On the Job Training, special in-house instructional classes, and specifically defined external classroom training when deemed appropriate to the acquisition of specific skills. V. Personnel Utilization In execution of this Affirmative Action Program, the Affirmative Action Committee will monitor job classifications, job applica- tions, promotions and trangfers, disciplinary actions and termi- nations. VI. Goals It is the intention of the Housing Authority of the City of Encinitas to take Affirmative Action and achieve goals for the increased employment of women and minorities in positions of increased salary and responsibility. To this end external availability information will be developed and used to guide affirmative hiring practices. APPENDIX C JOB EVALUATION APPEAL PROCEDURE 1. ACCESS TO APPEAL PROCEDURE A. Job evaluation decisions made by the Job Evaluation Commit- tee may be appealed as noted in the procedure outlined in Section II. B. If appealed, the re-eyaluation decision made by the Commit- tee shall be final. Based on the Committee's re-evaluation, the Executive Director has three options: 1. to place the job in a higher grade; 2. to place the job in a lower grade; or 3. to retain the job in the same grade. C. A re-evaluation resulting from an appeal will be made on the basis of existing record, consisting of: I. the current job description; 2. an optional supplementary memo, specific to the clarifica- tion or elaboration of information contained in the job descrip- tion; and 3. the written responses of the Department Head and Executive Director in Stsps 2 and 3. D. If a new job is created or there is a reassignment of job duties and a Job is substantially changed in content, a new job description will be written and an evaluation made by the Commit- tee. This does not constitute an appeal, but a new evaluation based on changes in organization structure. II. PROCEDURE AND FINAL DECISION A. Steps ars as follows: 1. Verbal appeal may be made by an employee to the Department Head within 5 work days of posted job evaluation results. 2. Written appeal may be made by an employee to the Executive Director within 10 work days of Department Head decision. Executive Director has 10 work days for response. 3. Written appeal may be made by an employee to the non-voting Chairperson of the Job ~valuation Committee within 10 work days. The Chairperson, upon receiving the appeal, shall arrange for a meeting of the Committee. The Committee will re-evaluate the job within 15 work days of receipt of the appeal by the Chairperson. B. The Committee's re-evaluation de¢~sion shall be final and shall constitute the agency's final position. C. Job evaluations cannot be appealed through the Personnel Complaint Procedure. C-2 ~/222-12 APPENDIX D ANTI-SEXUAL HARASSMeNT POLICY The Housing Authority of the City of Encinitas (HACE) has an affirmative obligation to keep the work place free of sexa/al harassment. This obligation extends not only to claims brought to its attention by an employee, but also to matters of which it should be aware. It is the obligation of the Executive Director and Department Heads to insure that sexual harassment does not occur in the workplace. The investigation of all such complaints, filed under this Policy shall be performed by the city of Encinitas Employee Relations Department on behalf of The Housing Authority of the city of Encinitas. Ail HACE staff involved in any such investi- gation must cooperate fully with this Department. The Equal Opportunity Commission has defined sexual harassment as: "Unwelcome sexual advances, requests for sex, al favors, and other verbal or physical conduct of a sexual harassment when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual,s employment; (2) Submission to or rejection of such conduct by individual is used as the basis for employment decisions affecting such indi- vidual; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual,s work performance or creating an intimidating, hostile, or offensive working environment.,, Examples of such behavior as described above include: -Verbal harassment or abuse (perhaps in guise of humor). -Subtle pressure for sexual activities. -Remarks about a worker's clothing, body, or sexual activities. -Touching, patting or pinching. -Leering or ogling of a worker's body. -Demanding sexual favors accompanied by implied or overt threats concerning one's job, letters of recommendation, etc. Any employee who feels that he or she has been the victim of sexual harassment should immediately notify his or her supervisor of the remarks or conduct which the employee believes to be sexual harassment. Should a victim of sexual harassment have a complaint against his/her supervisor, then the notification shall be to the Executive Director, or the Housing Authority Board of BOOk# / --~.ge # ~ ,,- Commissioners in th~ event the complaint is lodged against the Executive Director. The victim should state With specificity the contents of the remarks or other action which constitutes the alleged sexual harassment. The manager shall then inform the Executive Direc- tor, who shall forward the complaint to the Encinitas City Employee Relations Department for investigation. A~y complaints concerning sexual harassment will be handled in strict confidence with those involved, which may include the victim, alleged per- petrator and supervisors. -Violation of this confidentiality requirement may result in personal liability and/or disciplinary action, including dismissal. This policy is not an exclusive remedy and nothing in this policy is meant to discourage an employee who feels he/she has been harassed or discriminated against from pursuing any other legal remedy. APPENDIX E RESERVED APPENDIX F FLEXITIME GUIDELINES (To be determined) APPENDIX G EMERGENCY CLOSING POLICY Therefore, this policy provides for centralized reporting of emergency conditions to the Executive Director. The Executive Director or his designee shall have the authority to declare an emergency condition. Definition: An emergency condition may'be: A. A full City-Wide emergency condition that could potentially cause harm to the health and/or safety of all Housing Authority of the City of Encinitas employees. Housing Authority of the City of Encinitas OFFICES MUST REMAIN OPEN AN~ OPERATING WITH FULL SERVICES IF AT ALL POSSIBLE. The Executive Director is responsible for informing Department Heads of any City-Wide emergency condition that may potentially be hazardous to employees. Department Heads have the authority to release employees without pay (or by using vacation time or compensatory time) when the employee deems his/her safety is in jeopardy and as long as the department is able to continue to function. The Executive DirectOr may officially declare an emergency closing, according to the conditions defined above, and release HACE employees according to the following: A. City-Wide Emergency Conditions: 1. TheExecutive Director shall notify Department Heads of any emergencyclosing, authorizing the release of employees. The Department Head shall determine which employees are deemed essential to remain at work. 2. Employees will he released with pay and will not be required to make up the time. 3. Employees who do not report for work have the option of being paid by using vacation, compensatory time or unpaid leave for the hours not worked before an emergency closing was offi- cially declared. 4. Employees and the general public may be advised not to leave the premises because of emergency conditions continuing after regular working hours. Remaining on the premises after hours will not entitle employees to overtime compensation or compensa- ~.1' ?? tory time off at a later date unless they remain at work because they are required by Department Head direction to assist duringI the emergency situation. 5. An employee on sick leave or vacation status at a time of emergency closing will not be affected and will have his/her sick leave or vacation account charged accordingly. 6. Part-time employees who were scheduled to work will be treated in the same manner as full-time employees on this issue. (Hours paid will not exceed scheduled number of work hours.) 7. Employees who are not able to report to work when the office is open, may, at their supervisor's discretion, make up the lost hours within a reasonable period of time. ~r222.12 APPENDIX H CONFIDENTIALITY OF HOUSING AUTHORITY INFORMATION The purpose of this article is to give explicit direction to the employees of the Authority so that they will protect the privacy and confidentiality of the tenants and employees of the Authority in accordance with applicable federal and state laws. It is the policy of this Authority to prevent unwarranted invasions of the privacy of any individual Qbe has applied to be a tenant or employee or is currently a tenant or employee of this Authority. The protection of the privacy of said individuals must, however, be balanced with the duties of the Authority to comply with the public disclosure laws of the State of California. A. Documents. Records and F%les. The following documents, records and files are confidential and shall not be disclosed by any employee of the authority: (Citations of the California Statutes which authorize confidentiality follow each description) 1. Ail applications for eligibility and occupancy which are submitted by prospective or current tenants of the Authority. (Health and Safety Code §34332 (c)) 2. Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. (Goverument Code §62S4 (c)) 3. Preliminary drafts, notes, or inter-agency or intra-agency memoranda which are not usually retained by the Authority in the ordinary course of business. (Government Code §6254 (a)) 4. Records of complaints or investigations conducted by any law enforcement or investigation agency. (Government Code §6254 (f)) 5. The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the Authori- ty relative to the acquisition of property, or to prospective public supply and construction contracts. (Government Code §6254 (h)) 6. All records which are prohibited from being disclosed by provisions of federal or state law including matters which are privileged such as confidential communications between the Authority and its attorneys. (Government Code §6254 (k) and Government Code §6254.25) 7. Statements of personal worth or personal financial data required by the Authority and filed by an applicant with the Authority to establish his or her personal qualifications for the fl.1 ~222'~2 Boo / --wage certificate, voucher, contract or any other permission applied for. (Gove=nment code §6254 (n)) 8. Ail records of the Authority related to activities which reveal the Authori~y's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, search, work products, theories or strategies, or which provide instruction, advice or training to employees who do not have full collective bargaining and representation rights. (Government Code e. Ail records of the Authority which reveal any portion of its negotiation with providers of health care services. (Government Code §6254 (q)) 10. The home addresses and home telephone numbers of employees of the Authority, except that disclosure of this information may be made as follows; (i) to an agent or family member of the individual to whom the information pertains. (ii) to an officer or employee of a state agency or department of the City, when necessary for the performance of his/her official duties. (iii) to an employee organization pursuant to regulations adopted by the public employee's retirement system. (iv) to an agent or employee of a health benefit plan providing health services for administering claims for health services to employees of the Authority and their enrolled dependents, for the purpose of providing health services and for administering claims for said employees and their dependents. Upon written request of any employee, the Authority shall not disclose the employee's home address or home telephone number pursuant to paragraph (iii) above, and the Authority shall remove the employee,s home address and telephone number from any mailing list maintained by the Authority, except used exclusively by the Authority to contact its employees. Ail requests for information contained in the records and files of the Authority shall immediately be referred to the Office of theExecutive Director for response. If the request is made by a federal agency and the request is for a record which is confidential pursuant to this policy or Cali- fornia State Law, then the Executive Director shall require the Federal Agency to agree in writing to comply with §6250 §6265 of the Government Code of the State of California. (Government Code §6254.5) The Executive Director shall, determine within ten (10) days after the receipt of a request for information whether to comply with the request, and shall i~mediately notify the person making the request of such determination and the reasons therefor. If the Executive Director determines that he/she needs a legal interpre- tation to determine whether the request is covered by the confi- dentiality rules hereinabove stated, then the Executive Director shall give written notice to the person making the request stating that the request has been referred to legal counsel for determination and shall state that the determination will be made on or before the 20th day ~fter the request was received. If it is decided that the records are confidential and will not be disclosed, a notification of denial to the person making the request shall contain the names and titles of all people involved in making the decision denying the request. It shall be grounds for denial of a request for information from the records of the authority that the request does not reasonably describe an identifiable record or information to be produced therefrom. (Government Code §6256, §6256,1, and §6256.2) If a request with respect to public records of the Authority is received which reasonably describes and identifiable record or information to be produced therefrom and which request does not involve records which are heretofore described as confidential, the Executive Director shall make the records promptly available to the person requesting same for inspection or shall make copies available upon payment of fees covering direct costs of duplica- tion. Said fees shall be established by the Executive Director and the fee charged shall he the fee in existence when the request is received. Inspection of the records shall take place during normal office hours of the Authority. (Government Code B. Information Known to Housing Authority Emmlovees Because of the Circnmstances of Their Emulo~vme~e. Housing Authority employ- ees learn a great deal of information about other employees and tenants of the Authority through the normal performance of an employee's duties. Much of this information, if disclosed, would constitute an unwarranted invasion of personal privacy. Every individual has a right to be protected from an unwarranted invasion of personal privacy. However, no individual has the right to be protected in the performance of activities which are criminal, dangerous or destructive. Employees shall report to the Executive Director or his designee any knowlsdge which they possess regarding criminal, dangerous or destructive activity on the part of tenants or other employees. Employees are directed to refuse interviews with news reporters, other employees, agents of local state or federal government or any other person without first contacting the EXecutive Director or his or her designee for determination of whether the information sought would consti- tute an unwarranted invasion of privacy of a tenant or employee of the Authority. The California Informational Practice Act of 1977, Civil Code §1798.53 provides that any individual who discloses personal information from Authority records or records maintained by the Federal Government is liable for a $25,000 fine plus costs, attorneys fees and any damages for the invasion of privacy which results therefrom. The Executive Director shall direct employees to refuse to give information (which is not contained in Authority records) if all of the following conditions are true: 1. The employee learned t~e information solely through perfor- mance of his/her duties as an employee of the Authority; and 2. The information sought is about an individual Or individuals who are tenants or employees of the Authority; and 3. The information is sought without court papers (e.g. Subpoe- na, Warrant or Writ). If court papers are involved, the matter shall be referred to legal counsel. APPENDIX CONFLICT OF INTEREST COD~ OF T~E HOUSING AUTHORITY OF T~E CITY OF ENCINITA~ SECTION 1. PURPOSE. Pursuant to the provisions of Government Code §§ 87300, et seq., the Housing Authority of th~ City of En¢initas hereby adopts the following Conflict of Inter- est Code (Conflicts Code). This Conflict of Interest Code shall be incorporated into the Personnel RUles and Regulations of the Housing Authority pursuant to Health and Safety Code 8 34278. It is intended that the provisions of this code conform to the greatest extent possible with the provisions of the city's Conflict of Interest Code and that compliance by any city employ- ee with the more restrictive of the two codes shall suffice as ¢o~pliance with this Conflict of Interest Code. Duplicate filings ~hall not be required. Nothing contained herein is intended to modify or'abridge the provisions of the Political Refoz~ Act of 1974 '(Government Code 8 81000 et seq. "the Act"). The provisions of this Con- flicts Code are to effect comloliance with Government Code 8§ 87100 - 87500; Health & Safety Code 88 34281, 34328.2 and other laws pertaining to conflicts of interest including the Hatch Act, 18 U.S.C. 8595. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorpo- rated herein and this Conflicts Code shall be interpreted in a manner consistent therewith. SECTION 2. AMENDMENT AND REVIEW. (a) Amendment (1) ChanGed Circumstances. Changed circumstances include, but are not limited to the creation of new positions which must be designated for the operation of the Authority and relevant changes in the duties as- signed to existing positions. (2) Amendment Due To Chanaed circumstances. Within ninety days after the changed circumstances necessitat- ing the amendment to this Conflicts Code become appar- ent, the Executive Director shall submit a proposed amendment to the City Council. Amendments shall be approved only at regular City Council meetings. (b) Biennial Review. (1) No later than July 1 of each even-numbered year,. the Board of Commissioners of the Authority shall ". .... review this Conflicts Code. (2) If a change in this Conflicts Code is necsssi~t~a by changed circumstances, it shall be amendedpursuant to subsection (a) of this section. (3) If no change in this Conflicts Code is required, the Executive Director shall submit a written statement to that effect to the City Council no later than Octo- ber 1 of the same year. SECTION 3. DEFINITIONS INCORPORATED. Unless otherwise indicated, the definitions of the Act, regulations and amendments thereto and binding Judicial opinions thereon are incorporated herein, and this Chapter shall be interpreted in a manner consis- tent with such definitions. SECTION 4. ~. (a) By this reference, the Standard Conflict of Interest Code, 2 Cal. Code of Reg. § 18730, is incorporated herein. Each amendment thereto duly adopted by the Fair Political: Practices Commission shall be reviewed by the Board of Commissioners to determine whether it shall constitute an amendment to this Conflicts Code to be effected pursuant to Section (a) sugr~. (b) The Executive Director shall maintain three copies of the Standard Conflict of Interest Code for the public re- view. SECTION 5. D~SIGNATED POSITIONS. The positions listed on Exhibit "A' are designated positions. Officers and employees holding those positions ars designated employees and are deemed tqmake, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest from which they may derive some benefit. SECTION 6. DISCLOSURE STATEMENTS. Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit "B". Each designated employee and consultant shall file an annual statement disclosing that employee's inter- est in investments, real property, and income, designated as reportable under the category to which ~he employee's position is assigned on Exhibit "B". SECTION 7. PLACE AND TIME OF FILING. (a) All designated employees required to submit a statement of financial interests shall file the original with the Executive Director Of the Housing Aqthor%ty. (b) As allowed by Section 87500(J) of the Government. Cods, the Executive Director of the Authority shall receive and' forward the original to the ~ retaining no copy at the Authority. (c) A designated employee required to submit a statement of financial interest shall submit an initial statement within 30 days after the effective date of this Conflicts Code. Statements already on file for a designated employee with regard to his/her Job with the City shall suffice for this initial filing. (d) Merit system employees appointed, promoted or trans- ferred to designated positions shall file initial statements within 30 days after date of such personnel action. (e) Ail other employees appointed, promoted or transferred to designated positions shall file initial statements not less than 10 days before assuming office (or if subject to confirmation, 10 days before being confirmed) unless an earlier assumption of office is required by emergency cir- cumstances, in which case the statement shall be filed within 30 days thereafter. (f) Annual statements shall he filed by all designated employees during the month of February disclosing reportable investments in business entities, interests in real proper~ ty, and income held or received in the period between the closing date of the employee's previously filed statement and January 31. (g) Each person who leaves a designated position for a position not specified in Exhibit "A" shall file a leaving office statement within thirty days after leaving. (h) A designated employee required to file a statement of financial interest with any other agency, which has the same territorial jurisdiction, may comply with the provisions of this Conflicts Code by filing a duplicate copy of the state- ment filed with the other agency, in lieu of an entirely separate document. SECTION 8. CONTENTS OF DISCLOSURE STATEMENTS. (a) Disclosure statements shall be made on the appropriate attached for~s, and shall contain the following information: (1) Contents of Investment and Real Property Reports: When an investment, or an interest in real property, is required to be reported, the statement shall contain: (A) A statement of the nature of the investment or interest; I - $ ~zzz · 1 z l!~ooa ~ / ,, --~age # (B) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; (c) The address or other precise location of the real property; (D) A statement whether the fair market value o~ the investment, or interest in real property, exceeds ten-thousand dollars ($10,000), and wheth- er it exceeds one hundred thousand dollars, ($100,000). This information need not be provided with-resPect to an ~terest in real property which is used Drinciuallv as the residence of the filer. (2) Contents of Personal Income Reports: When personal income is required to be reported, the statement shall contain: (A) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; (B) A statement whether the aggregate value of income from each source was greater than One thou- sand dollars ($1,000), and whether it was greater than ten thousand dollars ($10,000); (C) A description of the consideration, if any, for which the income was received; (D) In the case of a gift, the amount and the date on which the gift was received. (3) Contents of Business Entity Income Reports: When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: (A) The name, address, and a general description of the business activity of the business entity; (B) In the case of a business entity which pro- vides legal or brokerage services, the name of every person who paid fees to the business entity if the filer's pro rata share of fees from such person was equal to or greater than one thousand dollars ($1,000); (C) In the case of a business entity not covered by paragraph (2), the name of every person from whom the business entity received payments if the filsr's pro rata share of gross receipts from such person was eql/al to or greater than ten thousand dollars ($10,000) during a calendar year. (b) Contents of Initial Statement: The initial statement filed by an employee appointed to a designated position shall disclose any reportable invest- ments and interests in real property. (c) Contents of Annu~l Statements: The annual statement filed by a designated employee shall disclose any reportable investments, interests in real property, and income held or received during the period after the closing date of the previous statement filed pursuant to this Conflicts Code. (d) Contents of Leaving Office Statements: The leaving office statement filed by designated em- ployees shall disclose reportable investments, interests in real property, and income during the period held or received between the closing date of the last statement filed pursu- ant to this Conflicts Code and the date the designated employee left office. (e) Acquisition or Disposal During Reporting Period: 'In the case of a statement filed under Section 7(f) above, state whether the investment, or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal. SECTION 9. REPORTABLE INTERESTS. Interests Which shall be reported are: (a) Any business entity in which the public official has a direct or indirect investment worth one thousand dollars ($1,000) or more. (b) Any real property in which the public official has a direct or indirect interest worth one thousand dollars ($1,000) or more. (c) Any source of income, other than gifts and other loans by a commercial lending institution in a regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($220) or more in value provided to, received by or promised to the public official within 12 months prior to the time when the decision is made. W222-12 (d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or prom- ised to the public official within 12 months prior to the time when the decision is made. For purposes of this ~ection, indirect investment or inter- est means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10% interest or greater. SECTION 10. IS IF CA ON. A designated employee must disqualify himself or herself from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on the official or a mea~ber of his/her immediate family or on any reportable interest as described in Section 9. The acquisition of any direct or indirect interest in any real property included or planned to be included in any project after taking office shall disqualify the designated employee or official from participation in any decision as aforesaid. The existence of any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project shall disqualify any designated employee or official from participating in any deci- sion as aforesaid. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. Participation is not legally required if its effect is to break a tie. SECTION 11. ~ The effective date of this Conflict of Interest Cods shall be April 27, 1994. BOOK EXHIBIT "A" DESIGNATED POSITIONS D~si~nated Positions Disclosure Cateaory Member, Board of Commissioners i 2 3 4 5 6 Executive Director, 1 2 3 4 5 6 i.e. City Manager Assistant Executive Director, I 2 3 4 Comptroller, Director of Finance 1 2 3 4 Director of Operations, 1 3 4 Maintenance Supervisor 1 2 3 Director of Administration i 2 3 Except for the'Executive Director, all employees who serve the Housing Authority are to be furnished by the City of En- cinitas under contract. The City is therefore a contractor within the meaning of Disclosure categories. The employees who do the Housing Authorityes work must not be otherwise employed by the City so as to affect their independent Judgment to act in the best interest of the Housing Authority. 1-7 EXHIBIT "B" DISCLOSURE CA?EgQRIES. Cateaorv 1 - Business Position/Investment Interest... Disclose each Authority-related or HUD-program-participating, business entity in which the employee/member holds a position or has a direct or indirect business invest~ment worth moro than $1,000. Cateqorv 2 - Real Prouer~v Interes~.~. Disclose oach intor- est in real property located within the jurisdiction of the Authority in which the employee/member has a direct or indirect interest worth more than $1,000. Cateaorv 3 - Income Interests. Disclose all income of the employee/member from any Authority~related or HUD-program-partic- ipating source aggregating $250.00 or more (or $25.00 or more in the case of gifts) during the reporting period. ~ate=orv 4 - Less Inclusive Reportable Interest:':. Disclose all investment and management interests in business entities (as described in Categories i and 3) contracting with or selling to the City or which foreseeably could so contract or sell; and all income from a source ( as described in Category 2) which sells or contracts with the City or which foreseeably could so sell or contract. l~rsuant to the ~ousin~ Authority Law Individual Commissioner~ Must Additionally Renort to the Board of Commissioners: Category 5 - Foreseeable Contrgctz. Investments in any business entity which, within the last two years has, or in the future foreseeably may, contract with the Housing Authority of the City of Encinitas to provide services or supplies, materials, machinery or equipment to the Housing Authority of the City of Encinitas or any of its sub-contractors. Category 6 - Foreseeable Contract~. Income from any sourco which, within the last two years, has contracted, or in the future foreseeably may contract, with the ~ousing Authority of the City of Encinitas to provide services, supplies, materials, machinery or equipment to the ~ousing Authority of the City of Encinitas or any of its sub-contractors. APPENDIX J TRAVEL AUTHORIZATION GUIDELINES: In order to determine that travel is of value to the HACE and to determine which commissioners and employees should go, the following guidelines have bee~ established: 1. The costs of the conference, seminar, institute, training program and related travel must be within the annual Travel Expense budget appropriation approved by the Housing Authority of the City of Encinitas Boa~d. 2. The activity must have the potential of making essential contacts or obtaining significant information that is important to the improved operations and functions of Housing Authority of the City of Encinitas and the respective department is essential prior to travel authorization. 3. That utmost discretion must be exercised by travelers to engage in no unauthorized activity when in travel status. AUTHORIZED EXPENSES: 1. Privately OWned Automobile - Commissioners and employees may be reimbursed for traveling on official Housing Authority of the City of Encinitas business with a private automobile at the prevailing mileage rate. Mileage shall be paid on the most reasonably direct route as follows: A. When traveling from the office on a work related activity and then returning to the office, mileage allowance shall he actual miles traveled. B. When traveling to undertake HACE business between the oommis- sioner,s and/or employee's residence and the office, mileage shall be any miles to and from work site in excess of those which the employee would have had to travel directly to the office from home. C. When traveling from the office to a work site to the commissioner,s and/or employee,s residence, mileage shall be the excess of those miles which the employee would normally have had to travel from the office to home. D. When traveling from residence to a work site and then return- ing to residence, mileage in excess of mileage from home to office and return shall be reimbursable. If such travel occurs on a day that the employee ks not scheduled to work or if travel occurs outside the normal working hours, total mileage traveled is reimbursed. 2. Parking Commissioners and/or employees using private automo- biles and HACE vehicles shall be reimbursed on an actual expense BOOK ~ ,, / ~a~e ~ RROM 18182479524 04-19-~4 08~45 A~ P060 basis for parking. Receipts for such payments shall be submitted with the expense reimbursement request whenever possible. 3. Automobile Travel Reimbursement for use of personal automo- bile in travel will be paid on the basis of the prevailing mileage allowance rate or tourist air fare, whichever is less. When personal vehicles are used in driving to out-of-area loca- tions not available by commercial transportation, travel reim- bursement shall be made on an actual mileage basis. When two or more commissioners and/or employees are traveling in one car, reimbursement shall be ma~e to one employee. 4. Commercial Transportation - Commissioners and employees may travel in-state and out-of-area by commercial transportation when authorized. Air transportation shall be by coach class unless such space is not available or for special circumstances autho- rized by the Executive Director. First class railroad accommoda- tions shall be standard and shall include lowerberth or roomette in case of overnight travel. 5. Car Rental - Commissioners and employees may only use a rental vehicle at MAcE expense when authorized or in an emergency situation. When using rental vehicles, the lowest possible rate shall be used. 6. Taxi/Bus - Payment for taxi, bus, or limousineservices when on HACE business and no private vehicle is available is autho- rized. ?. Lodging,.Meals, and Incidentals - Commissioners and employees may claim rexmbursement for lodging, meals, and incidentals a% actual cost in accordance with the following: A. Charges for lodging will be reimbursed for only the night prior to the formal start of a conference, seminar, meeting, etc., and those nights when t-he event is actually in session or when a return flight the last night is not available. B. Meal costs, including tax and tip, will be reimbursed up to a maximum per meal of the average meal costs per day listed in the GSA Meals/Lodging Cost Index for the specific city in which the authorized travel took place. C. In the case of meal expenses incurred while attending a conference or a seminar as a representative of The Encinitas Housing Authority, employees shall be eligible for reimbursement of that expense. Meal expense incurred while performing the duties of one's position shall not be reimbursed unless the commissioner and/or employee is outside the boundary of the County and bordering counties of San Diego County when the meal expense is incurred except when attending a conference or seminar in the Area. D. In the event that meals are included in any registration or tuition fee, other charges for meals shall not be allowable. J-2 ~222-12 ' E. At no time, under any circumstances, shall any liquor or cost of entertainment be charged to the Housing Authority of the City of Encinitas. TRAVEL TIME: }{ACE commissioners and employees may be authorized time for travel out-of-area the day prior to and the day following the convention or meeting date(s). ATTENDEE REPORTS REQUIRED% In order to maximize the benefit of the conference, seminar, etc., the attendee will provide a written report highlighting the educational benefit and new skills and techniques acquired in such a form as to be appropriate for department training sessions and to become part of a permanent collection of department training aids. Copies of said report should also be available in the central file. TRAVEL EXPENSES OF SPOUSE OR OTHER MEMBERS OF THE FAMILY: If a commissioner,s and/or employee,s spouse or family accompa- nies him or her on a Housing Authority of the City of Encinitas business trip, any portion of the exqpense attributable to the spouse of family members travel, meals, lodging, etc., are in no circumstances reimbursable. If a spouse or family member accom- panies a commissioner and/or employee on a business trip, the reimbursable business expense for transportation and lodging is the single rate cost of accommodations for employees. TRAVEL AND MISCELLANEOUS EXPENSE CLAIM: An Expense Claim in order to be considered for reimbursement shall be prepared after return from travel and present such claims to the Board of Commissioners for approval on the voucher. All available bills and receipts shall be attached. HEMBERSHIPS AND DUES= The purpose of memberships to various professional organizations must be directly related to the betterment of the functions of Housing Authority of the City of Enoinitae. One agency member- ship per professional organization as determined by the Executive Director shall be allowed providing funds are available. When an agency membership can be obtained through an individual membership versus an agency membership at a lesser cost per capital, the former shall be used. Upon separation of employment, the individual membership remains with the Housing Authority of the City of Encinitas and shall be transferred to another employee as shall be determined by the Executive Director. DISCIPLINARY ACTION Any violation of this policy shall subject the employee to disciplinary action as set forth in the Personnel Policy and Procedures Manual. Boo~ # / ..... ~a~e ~ FRQ~ 181824795~4 ~4-1.q-94 08~4~ AM POC3