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1994-04-27 , . . . J "'ll. ". l ~"\..' '," ...., .. . . ~ t' .,('.,1, .. ,., .-... ~'--"I .. .' "..' .1 'f ,- t 1 I 1 - ,,,".. ENCIrflTAS HOUSING AUTHORITY I{EGULAn MEE'fING AGENDA 50~ South VUloan Avenue Bnoinit.., ca11forn~ft 92024 .edft..day, April 27, 1994, 7.00 P.K. CA.LL:TO OlmEJllAQLL...c.ALL 1. Approval of Minutes. 03/23/94 Regular H..ting. Contaot per.una OityclerJt Pool. STAFF RECOMMENDATION: Approve ""nll/es. 2. Adoption of a..olution ~."'06 to ~and By-Lawa, JU:tlo1e XII', SeotioD 1, to Chang_ Regular H.eting Time from 7.00 P.M. to 6.00 P.K. to b. Bffeotiva June 1, 1~'4. Contact Person: Housing Coordinator Brown. STAFF RECOMMENDATION: ItdoPf Resolution 94-06. 3~ Adoption of Resolution 9.w03 Adopting a Confliot of Interest Code. Contaat Person& Housing aoordinator Drown. STAFF RECOMMENDATION: Adopt Resolution 94-03. REGULAR AG;ENDA 4. consideration of Adoptio~ of Res~lution 94-05 Adoptinq Personnel POli::sy. Contaot Personz Jlousinq Coordinator Brown. STAFF RECOMMENDA TION: Adopt ResolullolI 94-05. 5. Consiaeration of Adoption of Resolution 94-04 EstabliShing Co.p.ns.ti~n for Membors of tb~ Board ~f Commissioners. Contact Persona Housinq Coordinator Brown. STAFF RECOMMENDATION: Adopt Resolution 94-04. Mseti.ng to be adjourned to May 4, 1994. ENCINITAS HOUSING AUTJIORITY REGULAR MEETING AGENDA Wednesday, April 27, 1994, 7:00 P.M. ..cALL ~ Called to order at 11:06 P.M. All membors present. HlS to olo.e and adopt the Conaerat Calendar. 5-0 1. '.2. u...., g1~y~ .ftTAFF RECOMMENDATION,' Approvemlnlltes. " ' , ~9" Cl!.,B...olutj.on 94-06 to ~.Jl!UlY~LIlW8. ~'!i~rticle ~!",~._!l.~t:i~n ~o qhanae ~.9u~..etina ~imo trom 7:00 P'8_ to f'O~~!~ ur.oftiY$ June 1. 1994. Oontaot: l!ersons Housina Coordinator IroJm. Qontaat V.r.oll' STAFF RECOMMENDATION.' Adopt Reso/u/lon 94-06. 3. ~ob~ion of ReSOlution 94-03 AdoptJnq a Conflict of InteroQ~UOd~~ ~~ ~.r8~nt Bousinq Coord~n.tor Brown. S7~FF RECOlflMENDA TION." Adopt Resolutloll 94-,03. 4. t:OllR~"8ration of A~option C)f Resolution 94-05 ~\.'optinCJ ~ersonnel -lolJoy. Contaat Person: lIousiJ}q Coordinator ~~o~'L. STAFF RECOMMENDA TION.' Adopt Resolutloll 94-05. MIS: 'i:a approve staff recommendation. 5-0 5. ~u.iI.ration of Adoption o~ ReSOlution 94-04 B~ta~lilbing ~o,p~n.a~ton for M~mh.r. of the Board of cOlmmi~sioners~ c~;t;;t ~.t.Oftl l2~na C9ordjnator Brown. \,. STAFF RECOMMEi"')~ TIONo' Adopt Resolution 94-04. M/Sr,ito' app~ove staff recommendation. 5-0 ADJ.Q..~ Meeti~q adjourned at 11:10 P.M. to May 4, 1994. " \ . . .. '. . . .. o kllNUTES OF ENCINITAS HOUSING AUTHORITY REGULAR MEETING MARCH 23, /994, 7:00 P.M., 505 SOUTEJ VULCAN AVENUE Mayor "ano called the meeting to order at 11:42 P.M. Present: Mayor Gail Hano, Counoil Members James Bond, John Davis, chuck OuVivier, and Maura Wiegand. Absent: None. Davis moved, Wiegand seconded to appoint Muyor Hano Chairperson to the Housing Authority. Motion carried. Bond, Davis, DUVivier, Hano, Wiegand; Nays: None. as the Ayes: Also City Manager ''larden, City Attorney Francesca Krauel, Clty Present: Clerk Pool, Assistant City Manager Benson, community Development Director Murphy, Housing Coordinator Brown, Senior Office Specialist Greene. There being a quorum pr.esent, the meeting was in order. rLEPGE OF ALLEGIANCE CLOSING AND ADQIYfIO.N OF TllE CONSENT CALr~NDAR 'J Bond moved, Wiegand seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Bond, Davis, DUVivier, Hano, Wiegand; Nays: None. 1. Approval ot' Minutes of -E!!):>>ruarv 23, 1994 Special" Meetinq. Contact Person: city Clerk Pool. ~EGl1l.1AR AGENDA 2. Selection Gf Chair~erson. Coordinator Brown. Contact persou: Housinq 3. Selection of Vice ChairDerson. Coordinator Brown. Hano moved, Davis seconded to appoint Depu~y Mayor DuVivier as Vi~e Chairperson to the Housing Authority. Motion carried. Ayes: Bond, Davia, DUVivier, Hano, Wiegand; Nays: None. Contact Person: Housinq o 03/23/94 Reg. Mtg. Page 1 Mtg. #94- , Bk.#l, Page /--/ tf .f. (:) 03/23/94 Regular Meeting ADJD.LIllliMIlliI Mayor llano declared the meeting adjourned at 11: 45 P.lot. Gail Hano, Mayor E. 1-:;.., ,:) '0'''- . ~. '. 03/23/94 Reg. Mtg. Page 2 Mtg. #94- , Sk.#l, Page_____ .:) :,lOUSING AUTHORI';l'Y 01' Till CITY or ENCXNXTAS AGENDA RIPORT M.eting Date. April 27, 1". '1'01 Board of commissioners VIA. w Hurray L. Wa%den, Sear.tary of the Board oommunity Develop.ent Do!:ment Sandra Holder, Director Lynn Brown, Housing and rants ccordinator of ,aOKI ~ ,'. Approve Resolution 94-06 to amend Bylaws, Article III, Section 1, to ohango regular meeting time from 7:00 p.m. to 6:00 p.m. to be effective June 1, 1994. oIISU~ t Whether to approve Resolution 94-06. <) JlACRGJ\OutJDl On March 16, 1994, City Council approved ir.tegratinq city and District meetings with integrated meetings starting at 6:00 p.m. ~ As the city Council has appointed itself as the Board of Commissioners of the Housing Authority and as the Board is therefore impacted by a new integrated meeting sc~.edule, it is necessary to amend the bylaws to reflect the new meeting schedule. FISCAL AND STAPP IMPACTS: None BECOMMENDA'1'IOJU. Approve Resolution 94-06 to amend the Bylaws. C> cd/glb/sr042794.ha3 ,.f'" . .;.'~'. , "~ " ',:.,~' . ',f .: . ~. ;.~~ ,")t .:2-1 .. . ~ () ~, '.,.~ 'J o RESOLUTION NO. 94-06 RESOLUTION OF THE BOARD OF COMMISSIONERS OF HOUSING AUTJlORITY OF THE CITY OF ENCINITAS AMENDING BYLAWS, ARTICLE III, SECTION 1. REGULAR MEETINGS WHEREAS, it is in the interest of the HOUSING AUTHORITY to amend it. Bylaws to change the time of regular board meetings. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED by the Board of Commissioners as follows I That Article III, Section 1. Re9ular Meetings of the Housing Authority of the City of Encinitas Bylaws shall be amended effective June 1994' to read as follows: Regular meetings shall be held upon postirag of notice and agenda in.accordance with Sec. 54950 .!!,.t.see. of the California Governmen~ Code at the regular meeting place of the Authority on the 4th Wednesday, at 6:00 p.m. of each month, unless the same shall be a legal holiday, in which event said meeting shall be held on the next succeeding business day. PASSED AND ADOPTED at a regular meeting of the Board of Commissioners of t~e Housing Authority of the City of Encinitas held on the 27th of April, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Gail Hano, Chairperson ATTEST: Murray Warden, Secretary :;~ 1~ ,. tJ HOUSING AUTHORITY OF THE CITY OF ENCINITAS A\3ENDA REPORT Meeting Date: April 27. 1994 TO: B\)8rd of Commissioners W Murray L. Warden, Secretary of the Board VIA: FROM: Community Development P.t!Partment Sandra Holder, Director /j'A ..o1r Lynn Brown, Housing and Grants Ceordlnator If . o California State Law and the U.S. Department of Housing and Urban Development requires housing authorities to Includ'9 a conflict of Interest code In all personnel policies. , . i'~, .. ' . ',' - .;. ',. _ The~,.oposed Code Is similar to the"Code of the City of Enclnltas except the Housing Authority Code references Housing. Authority Law and the Hatch Act (political activity of employees) as well as spelling out tho State law in more detail. The Code notes that "the prOViSions of ihlG code conform to the greatest extent possible with the provisions' of the City's Conflict of Interest Code and that comp~~ance by any city employee with the more restrictive of the two codes shall SUfflCI9 as compliance with this Conflict of Interest Code. Duplicate filings shall not be required. II exhibit A, Designated Positions, notes that all Housing Authority employees are to be . ~ Consider Renl)llJtlon 94-03 Adopting a Conflict of Interest Code. ~ ::) Whether to adopt Resolution 94-03. .- On January 26, 1994, the City Council established (he Housing Authority and appointed Itself to act as the f;oard of Commissioners. On February 23, 1994, the Board adopted bylaws and a seal. ~ cd/Olb/sr042794.ha2 (4/14/94) 3-1 ,tt " . . ,.0 furnished by the CIty of Enclnltas under contract. For disclosure and conflict of Interest purposes these, employees ere contractors ancJ must not be employed by the City In a position which would affect their Independertt judgement to act In the best Interest' of the Housing Authority. An example of potenthll oonfllct of Interest would be a planner or Comrnunlty Development Dlre:tor who would make 0 land use decision on the property of a housing authority project. .EllCALAWlUAEfJ~ None . A;:>>proV8 Resolution 94-03 Adopting a Conflict of Interest Code for the Housing Authority of the City of Enclnltas. 3-2-.' -.. I !:) .0 cd/glb/sr042794.ha2 (4/14/94) , . ..' 'f o RESOLUTION NO. 94-03 o 01" THE nOUSING AUTHORITY OF THE CITY OF ENCINITAS ADOPTING A CONFLICT OF INT~REST CODE PURSUANT TO GOVERNMENT CODE 8700 AND OTHER LAWS PERTAINING TO CONFLICTS OF INTEREST ...,", . ....;r, ,"'/ WHEREAS, the Housing Authority must, pursuant to Health and safety Cod~ S 34278 and S 34281, as well a. Government Code S 81300 et seq., adept a Conflict of Interest code; and WHEREAS, the Fair. Political Practices 00..1.8io" ha. promulgated a standard conflict of interest code which can by regulation be incorporated by reference. NOW, ~HEREFORE, be it resolved that: SECTION 1. The Conflict of Interest Code which has bean submitted by staff be and hereby is approved as amended in open session this date. SECTION 2. That said Confliot of Interest Code be effeotive on the 27th day of April, 1994. SECTION 3. That said Confliot of Interest Code be incorporated into tho Personnel Rules and RegUlations of the Housing Authority in aooordanoe with Health and Safety Code S 34278. 3:3 Dated: - APPROVED: ATTEST: HOU~ING AUTHORITY OF THE CITY OF ENCINITAS By: Seoretary By: Chairperson o LB/EM/crol0-970 wp51 (04-14-94) ~ . .....t :.:) o . - . C ~ O~QEJ:NqINI:rMl SECTION 1. ~. P-.:rauant to tho provision. of Governm.nt Ood. II 07300, .t ,.q., hereby adopt. the following Conflict of Inter.at Coda (Conftlct. Cod.). Thla Conflict of Int.r. Ood. ,hall b. Inoorporated Into the Personnel Rul.. and Rogulatlon. of tho Houolng Authority purauant to Health .nd Safaty OO~t I G4278. It I. Intended that tht provl,'on. ot thl. code conform to tho groat..t .xtont po"'bl. with tn. provl.lon. ot the Clly', Oonfllct of Int.reat Cede and that compUance by any city .mploy.. with tho more r..trlotlve of the two , COdGD shall 8ufftoe as compllanoe with this ,Oonfllct ot Inter..t Ood.. Dupllcatellllng. .hall not be required. Nothing contaIned her.1n Is Intend.d to modify or abrldg. the provision. of th. Political Reform Act of 1974 (Government Code 501000 et seq. 'he Act"). The provisions of this Oonl1lcts Code aro to offuct compllancQ with Govemment Coda" 07100 · 87800; Health & Safety Code Ii 34281, 54328.2 and other laws portalnlng to conflicts of Interest Including the Hatch Act, 18 U.S.C. IS95. Except as otherwlso Indlcatod, the doflnHlnn, of said Act and regulations adoptod pursuant thereto are Incorporated her.I" and this Conflicts Code shall be Interpreted In a manner con. latent therewith. seCTION 2. <a) Amendment (1) Chanaed..Q!!~stttnc.s. Changed circumstanc~.'nclud., but are not limited to tho creatfon of now positions which must be de:Jlgnoted for tho operation 01 the Authority and rolovant chang os In tho duties assigned to existing positions. 37" ". . ~ .... .... '" ".'. ."., , . r, ;,::-:-i .. ., ,;*'\, " , ' ' .-:..,) ~ ,~.~) . '\ ' (2) 0 ~ct. OlrcumolannJ1l. Within ninety day. alte, the changed circumstance. ntcessltatlno thQ amondmo"t to thl. Oonfllct. Coda becomo appar.nt. the E)(ocullvo Dlractor shall submit a proposod QmQndmont to the Olty Council. Amondmants shall b. approved only at rGoul.r City Oouncll meotln08. (b) ~. (1) No I.ter than July 1 of OQoh Gven.numborod yoar. the Board o'Oommllslener. 0' the Authority Iha" review thl, Oonfllctl Oodo. (2) If. change In thl. Conftlcta Code I. necuIHat.d by changed clrcum.tano'l, It aha!' be "Mended pureuant to IUbl,ctlon (a) of this l.ctJon, (3) If no chang. In thIs Oonnlots Codo " roqulrod. tho Exocutlv. DIrector ,hall submit a wrttton stalomont to that oftoct to the City CouncU no later thon October 1 at the eam. year. SEOTION 3, , Unles, othorwlllo In~lcQtQd. tho donnltlons of tho Ar.t, rogulatlons and amGndmonts thorGto and binding JudicIal opinion. thereon are Ineorpurated h~r"n. and thl, Chapter ehall be Interpr.tod In a manner cons~tent with 8uch definltlons. SEOTION 4, MANDARD COOl;. (8) By this referonco, the Standard Conflict of Intorost Code, 2 Cal. Code of Reg. g 18700, Is lncorporatGd herein. Each amendment thereto duly adopted by the Fair PolIUeal Practices Commission shall bD rovlowed by tho e"ard of Commlsslonors to dgtormlno WhoUlor it shall constltuto an amsndment to thIs OonfllC\ts Code to be effected pursuant to Section (a) RUDr.!. (b) The Executlvo Dlroctor shall maintain throG coplat of the Standard Conflict of Interest Cede for the public review. seOTION s. O~SJG,,!&EQ fOSllI0~!. The positions listed on exhibit -A' are designated pOlldons. omeora. and employeos holding thOIO positions are deslgnatod employees and are deerr.td to make. or participate In the making of, decisions which may foreseeably have a material effect on a financial Interoat from which they may derive somo boneflt. o SECTION 8. !::!ISQ!,OSU.fl!; STATEMENTS. Designated posklons shall bo assigned \0 one or more of thl dl.closure categories set forth on exhibit -Bit. Each designated employee and --.. . 2 3-~ "~2Z.6 ~ a con.un ",;, ~haU fll. nu .-nnual slalomont disclosing thet employoo'o Inleroet In Inve.tm.nts. real proporty." '. "come, dOIJon.tod as r.portable undor tho category to which thG employoe'. pOlitlon II .."gnod \ ~Ibit 'a', SECTIOI 'f~~V~. (a) All do.'Jgnatod om~:oy'.. r"qulred to s~bmlt a DiAtomunt 0' flnanclallnt.r.st. shall flte u · t,li) ~ (b) As allowed by Section 075000) of the Govaromant Codo, the ex.cutlY. Dlrl:otor at tho Authortty ,hall r.e.lv. and forward the original to tho gjJv OouncQ r.talnlng no copy at :h. Authority . (c) A d..lgnattd employ.. requltod to aubmlt a atat()mont of flnancbl Int.r"' .ha!' submit an Initial atatomlnt WIthin SO day. alot the -"oetlv. dAtt of thl. Confllcte Code. Statemonts already on mo for a doslgnated employoQ with r~gard to hls/hllr Job WiUl tht Olty 'haU tUmc. for thla Inltbllllllng. (d) Merit system employees appointed, promoted or transt"rrgd to desIgnated pOlltlon. .hall file Initial stat.menta \\ithln 30 day. after date of such peroonnel action. (8) All other employooG appointed, promoted or tranltnrred to d~8lgnat(od pnlitlon. .hall fil. Initial statements not Ie.. than 10 days before as.umlng office (or ff subject to confirma- tion, 10 d~ya before btlng confirmed) unless an earlier assumption of oftlce Is requIred by emergency circumstances. In whleh ca.. tho atatement shall be filed within so days th.-reaRer. (~ Annual .tatements .hall be filed by aU designated employef.1s during the month nf Febnaary disClosing reportable Inveslments In busIness entltloa,lnteroata In real property, and Income held or received In tho period between the closing date of the employ.... previously fJlod statement and Januaty 31. (9) Each pernon who leave$ a doslgnated position for a p"'slUon not spacifled In exhibit .A. shall tll. a leaving attlCG statement within thirty days after leaving_ (11) A deslgnatad employoo (6lqulrod to file a statement ot financial interest wUh uny other agoncy, which has the samo torritorial Jurisdiction. may comply with thG provisions of this '- -, o 3 3-" WZ2.6 t) Conftlcts Code by flllno a ~uplleatG copy of the ItGtomont fllod wtth U.. other ag.ncy. In lieu of an ,ntlr.rv sup.mtG document. SECTION o. UR~~. (a) Dloolo.uro ltatemonls shaJl bo made on the appr"prbto attachod forma. and .hall cont"'n the following Intoam.tlon: (1) ContQnls 01 Invo~tmGnt and A."I Prop.rty Roporto: Wh.n an Ir.~..tm.nt, or an Int.reat In rGal proporty,ls roqulred to b, r'~;~ft.d, the QltfJmvnt shaU contain: (A) A .tatem.nt of tho nature af the lovolar.1ant or Inter..t: (8) Th. name ot tht bueln8s1 ontlty In which eaoh Inveltmfnt II huld. and · gonoral doacrlpUon ot tho bUlln... activity In which thl bueln". antlty Is ongagad; (0) Th. addr.,. or oU.., precIse location of tho raal praperty: . (D) A GtAt.ment Whither the fAir market value ot the Inv..tnlfmt, or.lnter.at In fGal proporty, OXCGadR ton thauland dollars ($10,000), and whether It exceeds one t;undrtct thousand dollars, ($100.000). IbIU1totJ!'~ n.~ O2t J2! Drovlded ~"'re5DQeuo an Intarest In real property which Is used prine" .... ~; ~ ,:) o ,. (2) Oontonts of Personal Incomo Reports: When peraonallncome Is requited to be reported, tho statorn.jnt ohall contain: (li) The nama and addross 01 each sourco of Incoma aggregating two hundrGd and fifty dollars ($250) or more ,In value, or twonty-flvG dollars ($25) or more In value It the Income was a gift, and a general description of the business activity,lf any, of each source: (e) A atatGmont whether the aggregate valUe of Income from each source o waG greater thon one thousand dollars ($1,000). and whathor It was greater than ton tho:Jsand dollars ($10.000): 4 3-1 "Z22-6 . 0 (0) A description of tho consideration, if any, tor wh:ch tho Income WllS' o received: (D) In the caso of a gift. the amol.!nt and tho date on which tho gift WflS roceived. ,:) (3) Contents of Business Entity Incame Roports: When Incorno of a business entity. Including Income 01 a sole proprIetorship. Is roqulred to bo reported, the statement shall contain: (A) The nllme, address, and a general description of the business aetMty of the buslne...entity; (8) In the C3Ge of a business entity which prcwlrJes 199al or brokerage seNlces, the name of every person who paid fees to tho business entity If th9 filor's pro rata shara of fees from such person was equal to or groater than cno thousar.d dollam ($1,000); (0) In the case of a bUslnoa8 entity not covergd bY. paragraph (2). tho o 5 ., i'" .- ,:."'\ ~ nem. of every person from wham the businGS' GnUty rocelvGd paymGnta if tho fller'1 pro rata ahara df gross receipts. from such person was equal to or greater thtln tan thousand dollars ($10,000) during a calendar year. (b) Contents of Inttlal Statement: The Initial statement filed by an etnployee appointed to a designated po~ition shall disclose any reponublo Investments and Inter.sts In real property. (c) Contents of Annual Statements: The annual sbtement flied by a dQSIgnatGd omployaQ shall dlscloco any reportablo Investments, 'ntorestaln real property, and 'ncomo held Qr received during the period after the closing date 01 the previous $tatement filed pursuant to this Conftlcts Codo. (d) Contents of Leaving Offico Statomcnt4: "r1'ae leaving offiCG statoment filed by designated employees ahall dlscloGe roportubio Investmenb, intorosls in real property, and Income during the period hold or roceivod botweon 3-~ \1222.6 '1.& ., ~ ..\" -1.1: ~., H. rn.,n . . : . .! . the closing date of the fast stat~mGnt filed pursuant to this Conftlcts Codo and the date the dellgnat9d employ.. left office. (e) Acquisition or Disposal During Reporting P,rfod: In the caso of a $tatemont filed under Section 7(1) abovo, state whttther tho Investment, or Intereat In real property, was partially or wholly acquired or dIsposed of during tho portod covered by the statemont. the date of acquisition or disposal. SECTION 9. B&e.QBTABlE l~reReS'm. () InteretJts which shall bo reported aro: (8) Any bUlln.at entity In which the public official has a direct or Indirect InvGstment worth one thou8lind dollan ($1,000) or more. (b) Any roal property in whIch the public official hes a dIrect or Indirect Interest worth one thousand dollars ($1,000) or m",e. (cj Any source of Income, other than gift. and other lcans by a commerclalltndlng Instltullon In a regular CQurae of business on terms avaUable to the public wlthout regard to , · official statUI, aggrogating two hundred fifty '::Gllsr. ($260) or more In value provided to, recQlved by or promIsed to the public ofOcla1 within 12 manU,. prior to tho time when the decision I. madG. (d) Any busln.s. entity In which the public official Is a dlrQdor, otticar, partner, trustoe, employee, or hOld, any pOlltlon of management. (0) Any danor of, or any InterMediary or agent 10r Q donor ot, a gift or gilts ~ggr9gatlng two hundred fifty dollars ($250) or more In valuo provided to, received by, or promlstci to UlO public omcral within 12 months prior to tho time when tho decision Is made. o o For purposes ot 1hl, oectlon, Indirect Investment or Intereat means any Investment Of Inter..t owned by the .pouse or dependont child of a PUblic aMelal, by an agont on behalf of Q public omcral, or by . bualnesa ontlty or tIlIst In Which tho official, tho afRcral's agonts, spousa, and dependent children own directly, Indirectly, or beneficially a 10% Intlrest or greater. SECnON to. ~TIC)N. A designated employe. must disqualify himself or herself from makIng or pnrtlc'p.-Ung in the m:lklrlg of any decIsions which will forease.ablV hnvB a material 3-7 \1222-' rf,f PI'I}" - ~it . ~:'..tt./"" \t-;.':.. ."" .. - .,. .... -........ _. "., ~ . ...... . .- ',~:.: . ~. '. :.' .. . ... t' .. ,I, i' {1l 1 ' e:l . . . housing project shall dhsqualtfy any dBSlgnated employeo or official from participating In any docislon as aforoleld. No dealgnated employee ahall be provGntGd frem making or participating In the making ot any dGcl81~n to tho extent his or her participation I, legsIly required for tho decision to be made. Participation Is not legally roqulred If ib3 effect I' to break a tJo. , . SEc.,~ION 11. ~ The effective date of th's Conflict of IntQ.2st CodQ thull bo " AprU 27. 1994. :~ ~ 7 3-10 W222.6 .\.a " : -".a .": ~., rt.. r'll" " . ':,., I ,.' '~ '. " ~. .. , . : .:.:'. '. '0 ~HIBIT It A:!. , : " CESIGNA TeO POSITIONS RtJal<<'l']oted PositIons Qlselo~UrG CatGao~ MGmbor. Board of Commissioners Exocutlvo Dlroctor. 1.0. City Manager Assistant execut1ve DIrector. 123450 123458 1234 Comptrollor, Olrec:tor of Finance 1234 134 Director of Operations_ Maintenance Supervisor Director of Admlnf!tratJon 123 123 :::) Excopt for the ExecuUv.., Director. all o~ploy'.4 who "Nt! tho HousIng Authority are to be tumbhod by tht City of Enclnltao under contract. The Olty Is therefore a contraotor within tho meaning c1 Dlscloaur. ee.togorlea. The employee. who do tho Housing Authority-, work mUlt not be oth.rwlse employed by tho City 00 as to a<<oct their Independent JudgmGnt to net In the boat Intereat of the Housing Authority. . ',' (J A.1 Ji/ \1222.6 : ~., ., , . ...... I. . ~.. ":;- .,..,~ .1 'j t_~,~,.',~.:,'~.' .'-,' :' "i \t~ f ~.~" " ,. ~ '\: :.. '" ..... .. (......'\ '\ ~ DISCLOSUR~CATEGQ.B!9. Ca. 1. uslness s' os e Int.rest. DJ~close each Authority-related or HUD. program-participating, business entity In which tho employee/membtr hold, a position or has a direct or indirect buslnos. Inv8atmont worth more than $1,000. ~ ~ ...:..B.ulProo.,rtY Jote rostlf. Dlscloae oach Interest In real property located within the JUrisdiction ot thea Authority In which tho lJmployoe/membfir has a dlreot ar Indirect Intelest worth more . than $1,000. ~orv S - ,,,cqm. Interem. Dleolo..alllnco.omo ot the employee/momber tom any AUthority-related or HUD-program-partlclpatJng lourC'J aggregating $250.00 or more (or $28.00 or more In the ca.. of gifts) during the "porting plriod. 4 ... '~2r~s~. Dlscloo. alllnv.utment and management fnter_IIln buslne.. entJtIH (a. delcrlbed In CatogorftS 1 and 3) contracUng with or selling to the City or Ylhlch foreseeably CQuld GO oontract or soU: a\id all Income from a source ( as described In Category 2) which seUs or ogntracts with tho OYiY or which foresoaably could 10 lell or contrad. 0-' 31:2- WZU'6 ". ""\Ill' ( '~,I"-- ...., . - ubi. Oon ra~!. Investments In any busin." entity whIch. within .the laat two y..ro hae. or In the future toresMably may, contract with thl Houllng Authority of tht Oity of Enclntt&\. to providl leIVIe,. or 8Uppllt., matorfal., machlnelY or oqulpm9nt to tho Housing Authority of the Olty of EncJnltaa or any of Ita tub-contractors. . , ~aofV 6.-.EswI.uaJlle Contracts. Income from any scurce which, within the faftt two yea,.. has contracted. or In the future for8,eubly may contract, With the Houllng Authority of the City of Encfn!tu to provide .ervlc... auppllt., material" machinery or tqulpment to the Houllng Authority of the OJJy of EncJnltae or any ot Its sub-contractors. o -. . . I~ '\..,.." INSTRUOTION MANUAL FOR STATEMENT OF ECONOMIC INTERESTS :) l , ',' '..:. ~ ., c.. .. . . . :..' ,'". ", :"~' , . The,o In~truCtJons apply 10 any HoullI1gAuthority employee or omelal whOS8 posltldn has been designated to be within tho coverage, of the Conftlci ot ,Interest Code. '. Occupants of desIgnated positions will be requited to disclose c8rjal~ aconcmlo Interests., The Authority's Conflict of Interest Code was required to be adopted by the Political R.form Act of 1974. this Is . complfcated Act, and 80 Is .the satJataction of dIsclosure requlremonts of your Conflict of Int....at Oode. The Introductory material and Statement of Economlcl"t.,..ts manual provisions whIch follow may not answer all questions concGrnlng dls~loiur. requirements. Further questions In this ragard, should bt addr'Gsed to the executive Director of tho authority. The staff of the Fair Political Practices CommisafQn la avaUablo to assist Onlgnated OIl1elals If your authority Is unable to do 80. 111a Conftlol of Inter.st ConflIct of Interest. Oode requires Designated Empl~Ge. or offt~. to tUG atatGment. dl'closlng certain economic Inter.sts which may fores.sably be affected ml:llerfally by any dcaclslon made or participated In by the Designated Otftclal becau.. at his or her ofRclal positlon. The amount of dlsclosur. required by ev.ry covered Comml..lonor or employ.. rDaslgnated Employee, I. baled on hI, or her offtclal duties. Eaoh Designated om~lal will be required to disclose only thOGG types of llnanolallntereota, as ,et forth In the Conflict of Interest Oode. which are relevant to his or her dutJes. The Conflict of Interest Code mUtt epdcally Inform each D.slgnated Official of the typ.. of economic Inler.." Whk:h mUlt be dllclos.d. Thlt manu.land the Statement at Economlo Intere.lI .re designed to apply to all Dnfgnat8d Official.. reg.rdle.. 01 tho d!sclosure categories. When completing Statement of Economic Interests. refer to your Conftlct of Interest Code to determlno the ,appllcablo dlsclosurct requlremento, and complete only the applicable schedul.s. .... Th.se Instructions are Intended to assist Designated Offtclals to comply with the financial disclosure requirements of Oontllct of Interest Cod.s, when U18Y must file: · Initial statements · annual statements . 1..~In; oMce statements o 1 Throughout this manual tho torm DGDlgnated Employoe and Deslgnat.d OMcral 4re u.td Interchangeably to rotor to porsons who occupy positions designated within a Conflict of Intorusl Codo. Designated Employee or O.slgnftttd Omclal.ro torm. donned In Government Codo Soctlons eaOt9 and 87200. 1 3,tJ W222.6 . . o WAT.IS.A S~FeQOt!Q.MIC INTL=.RESTS? . A Statementa of Economlo Interests i. . form which dlscloSGS eortafn Gconomlc InterNts of the official, and which fa avallabl. tor Inspectl~n by the public. WHO S lEa E S1 Statements of economic Interests must bo filed by Authority employeos and officials whoso positions Iro designated In the Conflict of Interest Coda. '....) , ...." . .. . us S ; FIL ? Shtements 01 Economic Int.rests are filed annually during the period prescribed by tho Conflict of IntorestCode. Howevor, .tatementa mtlsfalso be flied 10 days prior to assuming an appointed , designated position: withlnao daye after a peroon Is transferred to a different deslgnatod position: and WIthin 50 days after a person Ihve. a d..lgnated position. y., '. \, !Y')i!',i;"~i;,:. .':". . ':"',,,,>,," . , . , . . ..'. ,. , ;i,' WHA , OVER?.".";.,.,,,., ',';-_''-':.'''.,,' ,,;.." ,,"', ',' , ,"'t,""" !nDlal aEJemenm dlsolose reportable Investments In business ,.,ntltles whloh,:~o bu.lnGss, ~Inthe Authority"Jurlsdlctlon2an~lnterests In fQal P~OP$rty Withf~'"theAuthority'8 Jurlsdlctfon and manage- ment potlUons In busIness Intltl,s held by tha Designated ,Official on the effective date of the Conflict of Int.rest Oode. In addition, when a person Is appointed to . designated positIon, the statement ahall dlscloae reportable Investments In business. entftles which do business within tho Authority's jurladlc> tlon and Interests In real property Within the Authority'. JurisdIction and management posftJons In bUllnesl entltl.. 'held by the Designated Omolal at the time of filing. Dlselo.ute of Income, Including gtfts, shan net b. required by the Conflict of Interest Code on Initial .tat.ments. AnnualJdllmtentlwfll cover the period from ono day following the olaslng date or the last _toment flted by the Deel9Mted Oflfcfal to the closing date epecifled In the code. Annual statements disclose reportabl. Inve.lments In busl."s8 .ntW.s whIch do bUlln... within the Authorily'o Jurisdiction, Int.t.ets In r.1 property WithIn the AUthority" Jurt,dlctJon. and Incom.. Including gifts and business pOlltlons held or received at any time during the prlvloUI calendar iear or ,'nee the date the Designated Employ.. took offlc. If during the cal.ndar y..r. Leftvln9 offtc. stat~n'l,nt! Will cover the period from one day following the closing date of the last stat.ment fil.d by the eeslgnated Oftlcll'J to the date of leaVing offtel. Loavlng otl'ce statement. dllclo.. roportabl. Invaatmonta In buslne.. entitle. Which do buslne.. within the A~thortty'. Jurl.dle- . tlon, Inlerstat' In real property within the Authority's Jurisdiction. and Income. Including gifts, and ,nanagQment poshlo". In business entftlot' made roportable by \hI' Oonnlct of Interest Code. - B 1 Statements are flied with the Authorily executive Director. HOW TO COMPLETE A STATEMENT OF ECONOMIC INTERESTS TA L 18 Designated employee. Who muat completo Statomenta ot Economic Interests erG roqulrad to disclose certain investments and/or Interests In real property and/or Income. Each Designated Employee dIaclases pUlluant to hIs or her dl,closure category, as Indicated In the Authority's Conflict of Intorest Code. Your ConflIct 0' Interest Code. thus, determines your repoatable Int.r.ats. Rely on your cOde to fntorm you of what i. reportable. ". o 2 -Jurl.dlctlon" moans tho City of Enclnitas. Renl property shall bo doemed to be 'Wilhln Iho JUrisdiction- Veith respect to the Housing Authority if tho proporty or any part of It Is locatod Within or not more than two mllos outsldo tho boundarlos or tho City or within two mllos Df anv land ownod or usod bV tho Authority. 2 3-/( W22Z'6 . . . ~. ;":,;"". ,,".,.;~~:'~,i,;~,.Y', <::.il, . li'Y;.\~.:iif.j'~l-'~::';>;'ii.;; '. I,' ".,',.,',', " .f"., '".,'.,'.;.\.;.,.,..,",...,..,I.,'~'.;::..,...,..I."I,.",',' ,INV, FiSTMcMTCt_,..""".,;".,.:<,:,, " '1; . .- :", \",' ~'.1.-'J --..~"" '...,-'t:.....,;r.....~':-~<J.;'~ ':l~..,~.....:i.:" " -.. ~~ :,.:t,'.', .-,~'F ".; ,~, No asset shan be deemedanlnvGstmenfunless,tsfaltmarkGtvaluoexceeds $1,000. " " ' NOTE: g,boc~' Jtie "dlsclo9uic"'r~;qorr aments .Ior vour' Dcuaftlci"' . to deter",lne which Investm9nts 1" SHlIness Etntltles.: ifanvi"vou '. are 'reQuired to dI9cfo~~ Anv Investmonts held by .your spou.~,Et,.o,~'deperldent children ~ust bo JGported as though ',held by you personally. In additl~ri, It you oryour'spouse own directly, Indirectly, or benenclally a 10%'or greater Int. rest In Q busJriessentlty or trust, you' must report your pro rata share of Invostments of that entity or trust, If your share is worth overS1,OOO. For ea-:h reoortable Investment you must report the following Information: "., '>~),;.",:.., ; ,,", '" · Natura of the Investment (e.g., common stock, partnership). ., Name .otthe busln,-'s,entity and a 'goneral.descrfp'tlon gf the !~uslness actlvity. .. Date YOl' acquired or disposed of the InvGst'ment If you did so during th~ period covered by. the statement. (Not applicable for Initial statements.) · Value of YO,ur'lnvostment. For purposes of detsrrr.:nlng whether or not the valu. of an InvestmQntoxc.e~s $1,000. $10,000 or $100,000, you shQuld consider the hIsmu1 value' of tho. asset during the period. (Highest value determination Is not applicable for Inltlal statements.) EXCEPTIONS: You ar.!12t required to disclose the following: · TIme or demand deposit In a financiaHnstttuUon. · Share. In a credit union. · Any Insurance policy. · Any bond or other debt instrument Issued by any government or governmont agency -\, (), '\"",',.",' " . SAUDtl:: (Assume that each' of the Investments below 10 ~portable by your Confl'~t of Interest Codo.) ,On Febru~ry,,~ ,you purchased $800 worth of .~ock In XYZ Corporatlor:-'f a corporation doln9 bUllness'ln th.e Authority's JurisdIction. On March 1 the atock had a market vctlue 01 $1,200. On May 1. you lold the. stack ,for $;00. (You must list the stock becuuse for part of the perfod oovered by the Statement your Investment was worth more than $1.000.) In additIon, you have a 10% partnership Inter..t worth $40,000 In your Insurance firm which owns stock In General UtilitIes Compftny, your pro rata share baing $1.500. Both your Insurance firm and General Utilities Company do buslne~s In the Authority., Jurisdiction. The Investment schedule would be completed as follows: . :"- !::) . .i:l~;~~~rJ.~;"{:"~ XYZ 'Co11Jor.tion (Nam. of Comptny) Coaaon Stock (NaJur. cf Inter.,tt, o.g. Common Stock. Partno"hlp Interest. oto.) __Manuflctures widgets . Oalo AcqUired _ (Gtn.ral O..ctlptlon of BUlin... Activity) O~ Oispoled 6/1/93 I ..---- , . I S.tth & Blick (N.",. 01 Company) (NAtw. 0' Inter..ta. ',G. Cemmon Stock. Pattn.rahlp Inltl..t. tee,) Tns..ranc,- -Itw.u Datt Acqul,,, _ (Otntr" O"ctli'don of &llln... Acdvity) Oat. O;.pOI\)d (:) C.n.ral UU11t1~t (N....... 0' Company) COMon Stock (N...,. ol'n'OII&". ..1). Common Stock. Pat1norahlp Inltlrtst. tte.) ServI' electrfc pow!r J o.t. Acqulred (Otntrtll D"~'lptlon 0' 8uslnees AClivlty) 0... Ol.po..d 3 Ch.ck One (~ Value does not exceod S10,Ooo (] Value exceeds $10,000 but does not exceed $100,000 [ ) Value exceeds $100,000 Check Ontl [ ) Value do., not exceed $10.000 [1 Value exceeds $10.000 but does net exceed $100,000 ( J Value exceeds $100.000 ChfCk One [~ Value dues not exceed $10,000 ( J Value exceeds $10.000 but dOGS not exceed $100,000 ( 1 Value excoods $100,000 3:/5 W2~2'6 .1. .. ~ ~.,;<~ I"'y.&~ ~~"'A~ .0 . . , ." :"','_: " "'~.~~~l\/i7~~,iV~;,~'j';f~;. ,;:,:,:' ,', " ", ".,' ~. , ,,", .,'.' "'1""'.' d ~'::''''#J<'''l~:'''i:~,,~n\:;S''''''~'\;1 ~.tt,~ ,:. . . ':'" ',~ .: . '",.,";,,~i:"'':~N';'~~~V;~!' ,. .', 'STS"IN'~ . ':p p "I"'V . , ;. ,;~~,t:~\':~:"'.~-~r~l;n;::i1J~~~ , " "" " " n ,r.. . I ' , , . No interest In re.'pr.~R.)~!~~!t~crt9port,a.bt~'ynless,it~ :fair marker value exceeds $1,000 unto!s it Is In:luded or plan~8.~J~~~~~~Q~.I~~,~~,J!t.any,H~H~,I,ng ProJ~~t.,. 1,", NOTE: _. cateqoev:to,determlno Which Interests In real Drop'fly.ll any. " you a'r. reaulred to C(fscrose:,;'f.,:~:>..::.[...';';"':u;~~".-.' "' . Any Interests In rearpr~p.rtY held by your spouse 'o(depondent children must be! reported as though hold by YQU personally..,ln'addltJor,s.,ityou ,or,Y9~r s;pou~~ow.:a$, dlrectly,lndlrQctly. or benoficlally a 10% or greater Interest In any buslne.s entity or~rustwhlch holds real property In tho Authority's JurIsdiction, you must report YOf.'.rpro r.ta sh~r.or,~~~)"terest it your share Is worth over $1,000. For each reportabre Interost In real property. you. must' show ,the. following: · Sh'eetaddresa or precIse location. If thel. I, no straet address, you must state the lot numbei~~'nd SUbdivisIon ot the real property. ' · Nature .~, your interest (e.g., ownership, optlon)'- Date you acquIred or disposed of the real property it you did GO during the period covered by the Statement. (Not applicable for (nill,,1 Glatements.) . Value ot your Interest. To dGtermlne the value of your inter.st, you should only consider your equity Interest. For example, If you own property worth S25,OOO In whIch y~u have an $8,000 tquity, your reportable Interest is $8,000. " ,~, (Assume that .~c~ of the Int.resta In teal property below Is made rept>rtabla by the Authorily'. Contllct cftntor..t COd..) ,." . ,.', ' ,,' '.'0' '. ".j .'.., ,.': . " . YCU.~o.purch.slnG ahomeln.thlAuthQrity's JuriSdl~tlo~and YQu,ar.~have an equity Interest warth $4,500 In a IQt.ln the Author.ty'. JurisdictIon. (The ConflIct of Interest Code'does not require the dlsclosuro 01 real property which 'sllVes. only ..the prlnctpal re6ldence- ofilia filer. However, where the residence Is also used fora commercial or buslnes. purpose or where the resIdence may foreseeably be affected materially as a nonnal consequence of the officIal', aoUon, dIsclosure of the resIdence wlU be required by the codo.) In additfon, Smith and Jones, the business !n whloh you ~ave · 20% Interest recently purchased a commercial building In Mudville, having a fair market value of S12S.000. The interest In real property schedule would be completed .a follows: I 1345 TMI'd street, Hudvtlle (Sir.., Add,... or Procl.. Locotion of PrGpOf1y) --... -... Equi ty "L Um AcquIred (Natute of Interest. 8.g. Equity. Option) Dati Dlapoatd Chc.ck One ( J Value does not exceed $10,000 [ ] Value exceeds $10,000 but does not exceed $100,000 [ ] Value exceeds $1QO,Ooo i~ Property Is my prIncipal residence Lot 212. JdylwfJde Subdivision. Hudvfl1e (Street Add".. Of Procl.. Locltlon of Property) Check One [xl Value does not exceed $10,000 ( ] Value exceeds $10,000 but does not exceed $100,000 ( ] Value exceeds $100.000 EqUity Oote AcquIred _ (NatUt. 0' In_".. ..g. equity. Option) 01" Ol.pa"d 555 ~f~ street, Hudvfl1e (S....Mt AtJd"ll 0' P'tclse Locallon 0' Ptop*"v) Check One [ J ValuG does not exceed $10,000 [~ Value exceeds $10.000 but dOtls not exceed $100,000 ( ) ValuG exceed, $100,000 ~quf tv #.. o..ce Acquirtd 9/5/93 (N.tUf. 0' In"'.,,, ..g. F.qulty. Opuon) DaN DitposOd -, .3--1' \1222.6 " , . , , . ',.' ". ,-'t: . ,i>~~:;:~g~.~;\;~" ,.' .: .i1:~~"~~M~~I";:;~~'~lil.~!;;;X;;';;~,{ '::"':!{;:_" _, .". ';~~:..li}~1-~1i1r~.T\:;j;:;; i",;~'v.~ib\.~~~~~~~~~~J~,;.,~J-,\~l;~'\,~{>" "," ',; , ,Jt.&!eST~~TS1ANQ..1tLt.eReSTS;'N.REA~RO~ . . . ',t, I ,.,,;,:,.,,~;{'."'~El~'B.V,BUSINeSS:EN-TlnIiS:,YOIJCON!ROl,', ,; .<y'." . NOTE: .,' .' . pOMDlete onlv.J.Mso' schodules~leh your disclosure cateacw reaulres. . " ", ' If you. 'your spousa or. d.pendel'1t~hlldren hOJd.~~r~wn~rshlp: '~terGst of 50% or more In, & business entity IlstGd on the.lnvestrnentSchodule. you,.m~~tr..epcrt all.fnvestments.,~orth ov.er $1.000 01 that Gntlty In busi~.ss' entltleswh'~h do' busln.ess.' 'pla"- to de, buslnGss or h~ye done buslnGss In the I~st twoyoars In the Authority's JurfsdfctJonand aU InterestG In real prop~ny\Worth over $1.000 held by that entily within, the Authority'~ jurisdiction. A separate schedule must be completed tor each business entity. For each Investment held by such a business entity you must dfoclose the name, the nature of the Investment, ag.neral description of the business activity, tho date the Interest was acquitod or disposed of ff it falls within the period covered by your report, and the value. For tho real property within tho Authority.:s Jurisdiction held by such a business entity, you must disclose tho street address or precise location, thG nature of the Interest held. the date of acquisition or disposal if it falls within the period cove~ed by the report and the value. .): " jOt ~ ,,~) .,;, ' ,I" ~AMPY; (Assume that ~~ch oUhe Inv.stments and Interests In real property below Is mad. reportable by your Oonfllct of Interest CQde.) " On September 8. 1993, Metro Properties, Inc.. In which you own a 75% Interest, purchased an ~p.rtment complex, The Park,'da, ~ In the_n and valued at $280,000. Metro Propertl.. also purchased at thft same time the undeveloped lot worth $26.000 adjacent to the f hedule wou d 8 CO . s follows: Name of Buslne.. Entity, Metro Prop~rtf.s, Inc. WYES~eLO BVjlW - ITV Tb, Parkstde '" (NtIn. of CQmpany) ...., Oheek One ( ] Value does not .coed $10.000 p.,tnersh1 Interest (Natur.1)f Intwtlts. e.g. Co:"mon S~k. Partner, hIp Interest. ttc.) ( ] Value exceeds $10,000 but do.. not exceed $100,000 AltlrtmentCOIID18x O.Acqulred...u 93 (0..... O"orlptbn of Bualnest Acdvity) 0... Ofapoad (X) Vallie exceeds $100,000 INTERESTS I SS ENTITY Lot 1014, B~1arwood Subdivision, Hudv111e (StrMt Addro" or Prtcl.. Location of Property) Check One ( ) Valuo does not exceed $10,000 [~Valueexceods $10.000 but does not QXCQod $100,000 ( ) Value eXceGds $100,000 ~quftv DSle Acquired 9/6/93 (Nature 01 '"t<<-.sa. ..g. Equil'f, Option) 0... Dl.paled o ~. t, '~" ~ Only Incoane aggreg~tfng $250 or more from a reportable source dUring the rttportlng period must be reported. You m~st also report as income any communft\/ property Intereat you have In Income from a reportable source! received by your ~pous.. Otherwise. you are not required to report Incomo of your 'POU$. or your Chlldr.n. NOTE: ~k vour drs~losur. categolV to determine What Income, ff any. YOU are r~ dlsc'os~ ' . . When incc:mo from a reportable source is repor:ed. you must disclose the following: · Namo of the source or Incom'). Addross of the source of Incomo. · Business activity of tho soured ot Incorno. , 3-17 \/222'6 I. . . " '..1 . o '<_\).{~;: ";,,,:,..;.;~;j-~: ;~):,.,-, · O.sq~f?t~~~/~~,;tt-~';~9,~~fdoratfon, If any, tor the Income. . Amount or, value received. EXCEPTIONS: You areDsfrequlredtodfsclose the following: . Salary or r~lmbutsel'n.nts tor expensos and per diem roceived from a slate or local government agen'cy. . Reimbursement for . travel expenses and per diem received frcJm a bona fide education- al, academlo' or charitable organization. Campalan contributions. Devise or inheritance. . . " . Dlvltiends, Interests or other return' on a security Which la registered with the Socuritfes and Exchange Commlss.ion' of the U.S. Governmer:tt. . . Interest, dMdonds or premiums on a time or demand doposlt In a financial Institution, shares In a credit union or Insurance policy, payments received under an Insurance policy, bond or other debt Instrument Issued by a government agtancy. , . . - , S'" 'Ap. " , . \ -,-', : , At,-t): C , ' , ".~ ~...t:::!::I , {Assume that ~. Income below' I, made reportai)l. by your Conftlct 01 Inter.ot Oode.) , D,eslgnated Olnclal X'owns stock In California Widget Corporation. a !arg.publlcly owned company listed on the New York Stock Exchange and doing busine'4 In the Authority's Jurisdiction. HereceJved $2,000 durfngth. period In dividends on his stock. He also foceived $18.000 salary Income from hIs Insurance bu.ln.... ana $1.600 Interest h,come from a plumbing business. Both the Insurance busln", and the plumbing bustnes. operate In the Authority's JUrisdlctfon. He need not repcrt the; dividend as Incom. olncI hIs stock I. regIstered with the Secundas and Exchange Con,mflslon. ThG Inoome schedule would be compl.ted as follows: .~ , . '8 , . {, ",. ~ .,~' , " '~ .Slaftb,:and -Jones 'Insurance Co. (Nam. 01 Ihl Soule. of Income) 110 Main Street '. Check One r ] Amount or Vatu. received was not greater than $1.000 [J Amountorvatuerecelved was greater than $1,000 but not greater than $10,000 [~Amountorvaluerecelved wal greater than $10,000 Hudv111e. C~~;ifomf. Check One , ( ) Amount or Value rocelved was not greater than $1.000 W Amount orvaluo received was greater than $1,000 but not t ;reator than $10,000 ( J Amount orvaluG rec.lved was greater than $10,000 Hlnk'sPlu.bin Su - (Name of Ule Source 01 '"acme) HUdv111e. California (Add,... ohbl acute. o. Incomo) Pll11bfn su 1 - (BuoIneas Acdwty 0' the Gowco of Inoem.) Return on Investment {D.sc'iD~e., of PJ~ con.'d.tad~n.1f MY, for 1tlc Incomo) -- l7 r l (:') gJFTS Gifts Which havo an aggrogate value of $50 or more, receivod from reportablo sources 01 income, during the reporting poriod must be roportod. 3-;~ "222,6 , ~ . '0' ,:) \) ,."I'. ',_;"~'. . ;1;.Y~;~~,.', ,', NOTE: Checkvour,~'osur8 cateqorv to determine what Income. if any. yOU are reaulred to ,Ultft'r\ea :;', ';','," -', \', ' " . -"",:'-'':\:,\';~..<- . For each reportableglft'youj#usf,dllclosG tho following: · Name 01 the 'donor. · Addte.,ofthe donor. ' , - Busl"e,s. 'activity. If anv, of the donor. Date(s) gift(s). rocelved. . · De.criptlon.,~f. the gift(s). . . EXCEPTIONS: You are Dalrequlred to disclose the following: · Gifts from.your spouae, "chfld. parent, grandparent, grandchild. brothor. sister, parent- in.law~ ,brothor-In.law, sister-In-law, aunt. un91e or first cousin or tho spouse of any such person, provided that a gift from any $lIch person shall be considered Income if the 'donor la acting as an agent or intermodlary tor any person who Is a reportable source of Income. . · Gifts of Intormatlonal material, such as books, pamphlets, reports, calendars or periodicals.. . Gifts which are not lIsed and whfch. within 30 days after receIpt. are renamed to the donor or dollvered to . charitabla organization without being claImed as a oharitable eontrlbution f~' '1)( purposes. Gfns become roportable when the value received from one t'eportabla sourco of Income durfng the reporting period total. $25 or more. . ~. (Assume that the gifts Were rocelved from aources made reportable by your Conflict of Interest Code.) You received compllmentaty seBson tickets worth $100 from your local profe$sfonal1ootball team. You .Iso received a complimentary dinner c:erUftcate worth $70 from a Iqcal restaurant Tho gift aChldule would be completed .s follows: Hlngtown Hornets (NIme of Donor) 200 Main St....t, Mudv111e (Addl.'.) , f60~b~11 T (lSutlntt' MtMtt.1f MY. of Oono,) 3/1/93 DI'.(o) of GIh(l) $100 VeltM of Glft(l) Sear-on TIckets O.tcrfptl~ of GiftC.) Le Connofsseur Restaurant - (~'am. of Conot) 1100 Fffth Street. Hudv111e (Add'.") Restaurant (BUlin... Activity. If MY. of Donot) 9/15/93 D.C') 01 GlftCa) $75 VtJuo of Oift(.) Food and On n1: - Otlcrfpdon 01 Glft(.) 7 37\:9 "222" , ; '-. : , Q' ., '- .' '. .... ..... . ...~ .. '... ......_~....... ........ . -. " ,'!;' . " . , '.' 4ctlvityofa busin'I'-en~ilY:'Whfch.prOVldes legal or brokerage services and the name of pert.ons~wh('J paid 1ees to tho bus~ness entity If all the following conditIons aro mot: , 1. Your disclosure catego~' makQs sources of Income dl~closable. 2. The persons who paid fees to the business entity are reportable sources of Income pursuant to your Incon1G"rep.,rtlng requirements as set froth In tho code): 3. You or your spouse QWns. directly. Indirectly or benoficially. 3 10% Intorest or groater of the business entity; and 4. Your pro rata share of fees which a pGl'Son paid to tho entity was $1.000 or more. during tho ptlrlod covored by the statement. "SAMP~ " (Assume that Brown. Black and Green are reportabl. sources of Income.) . . Smith and Jones, an tnsuranne firm In whIch you havo a 80% ,Interest. received a commission of $2.000 ftom erown, commissIon ot' 15,000 from Gr..n and a commission of $1.500 from Black. (You nGod not list Black's name because your share was only $750, less than $1.000.) This Gohedule v,ould be completed .s followa: ;Z) Sat th ancf Jones (Name of BUll".., EntIty) 110 Matn Street. HUdYtl1e. Calffornia (Add'... of 1Mf"", Entlty) Insurance brokers - m..crl~!f9n 0' Ita BUtI,,". ActIvity) . UIt tie Mm. 0' HCh Indlvldu.l GI entity who pal" fote W the above busln.tt ondtt If your pro rata that. of the f... was $t.OOO Of More: ~...s Alan Brown ~aul ~vew,ttt Breen .d .. - . . - ,. lJ J "., :'H", ' ... " . ", ~', 'j',;; . . . ;' .. '~~.i'~..~j C OF. I' . TV IN WHICH THE 01: ~~ P.B.G.e&UJ~e. OW~O~ ~eST AND WHICH ,D09JjQI ,,': · 0 AG Ices .', ,-,1" (The fflor'cs pro ratashar~ ot the, fees paid to,.the business entity which dueo not provide legal or brok.mge s.rvlce, must be at least $10,000.) You Rlay be required to report the name. address and business activity 01 a business entity which daes not provIde legal or brokerQge so.vtces and the name of porsons. who paid fees to the bualnets entity If all the following conditfons are. met: 1. Your disclosure category make. sourees of Incomo dlsclosable; 2. The persons who pard fees to the busfnas$ entity are reportable sources of fncoma purouant to your Income reporting rtaquirtments as set forth In tho code; J .Person" means an Individual, proprtetorshlp, firm. partnership. Joint venture, syndicate. bu~lnQss trust, company, corporation. association, committee. and any other organization or group 01 persons acting in '.:oncert. 4 .Person" means an Individual, proprietorship. firm. partnership, jotntvGnture, syndicate. business trult, company, corporation. association, com minGo, and any other organization or group 01 Fo'~ons acting In c:oncert. '- a 3~o "222" 'J j, , . I f I .,f..'.V\ V ',' " ~'-"". .,:Jr~_1i,',;..'~~ ~~~'~~,I~~ ',' .;,~~.::,':t.-',r;..' _",",'~ f'"'.,..,",~,',\'.,.~,,.',,'" -.'~' ,~..,~;,;,.,.... :' l~',:..~~~,..~ ,', 1 '..', : ,~t "..,' " . ',' ~,'; ". ',"", ~.;:~; .: /" """.,' I.'. ) ," I ' , , I .. I r: 11 .; j I , . I I ~ " I 1 , 1 I " (, 3. You or your spouse owns, diroctly,lndlrectly or benoflcially, a 10% interest or greater of the business entity; and Your pro rata share of tfJes whIch a persan paid to be entity wa~ $10.000, or more. during the period covergd by the statoment. 4. SAMP~E; (.4.sl$Ulne tharSuper Hotel Corporation and Mudville Construction ate report3ble lourUGS of Incomo.) "You own o"e.~lrdof Hank's Plumbing ,Supply which sold $30,000 worth 01 oqulpment to Super Hotel Corporation. You OVl~ 5% of California Lumber Company which sold $200,000 worth of lumber to MUdvllle Constructlon Company. You nQed not report InformatIon concerning the California Lumber Company sInce you own less Uian 10% Interest fr. tho buslnoss, but you must lis, Sup.r Hotel Cotpon\tion since you own more than 10% at Hank's Plumbing Supply and your pro ra~ sham of gross receipts from Super Hotel Corporation waG $10,000. 'nds schodule would ba completed as follows: Hankls Plumbing5U~lY (Nam. 01 bin",. Entity) 104 Ha1nStreet, Hudville. California (Add,... 01 8ullnoU !ndty) Phnbtll9 'Upp;'V IDMCrlDtlon of Ib, 8J!l'~" ~ttlM ' ,_ l_ Us, d\e nam. of WMh Indlvlducd or vnUti who pAId 1M. to the ebov. bualnoSlS ontity if YOAJr pro IAIA ahata 01 tt,. Qroll ,..,.pta from theln<fMdwd ct "'thy was '10.000 Of mQle: , Super Hotet ~orp. .. .- .... 1.: 11 ,(". . :"~~,:>.{;{.~'..'.:,,',,,:,';";:\,::;.:~\~~,;..':,,~,:'_,;,~.<.~L',;,~::,:;:,:,,:, ,', ' '. '0. ",. "'~ '. ~LOVM..ittr'AND'MANA~'EM.~~~. NOTE: 22r~QJet.,onl.Uhose schedules which yoUr WigJo9ur~ Citec;orv tOdU'rasLlMo.t}<osw. .. ~~$ur. of emanaaement ~oaIU~n~ , You may be roqulred to','~portyour employment or "'''lldlng of tnnhftgomont positions In R b~l!llness entity, Including a posftJon.~ a director, officer, partner, tnJstre, emfJlcyeG or any pO$ltlon of management. When eniptO}'mentand management positlonu In business entities aro requirod to be reported, you mUltdlscJose ",' following: .. Name of the entity, .. Address of the entity. General description of the businoss activitv. · Your position within the entity. SAMPLE (A,sum", that the management potltiont held In bu,ln." .ntltl., of th~ kind li,tp.rI hplnw Arp m;ufp reportable by your CQnnlet of Interest Code.) Yau are vice pre.ldont of General Wldgots, Inc.. a corporation within the Autho"~"s Jurltdlcr lian. ThIs schedule would be completod as follows: -- General Widgets, Inc. (Nam. of Company) Manufactures and dtstrtbutos Wtdguts --or ~.DM~I D".ctfndot1 af BUlin... AotlvllY} 107 s. Broadway, Los Angeles -----.:.....- (Street Addros, City, StAtfJ) Vtce President N04Jt Job 11110 or PO,IUO!Jt 9 "222.6 3~ ... ... .... ; .... ~ '! ., ....,._~.~~-, ~..,..' !4'~ .; -, i 1 l I' , I , ! I' \ , : : i ~ : i; ..... ':-..) o " " you have no Inter..ts to raport, as required by your Oonftlct 01 lotorolt Code. or, If th.~. ha, been no GhAng. In yaw' reportabl. 1nC.,..t1 .Ince the pr.vlouo slatamont "'ud, you may complete the Short Form~ If vaL' ar. datladn" that th.... hal bl.n no chango In your laportablo Int.....t.. you mUlt attach. copy of ~n. ."t.ment~ flied pr<lvlou.'V . '.vhlch stat.. your tConomlc fnttr..ta~ . ..... 10 3~ "222,6 . I.) (With no reportable Int811lt. or no chango from Immedlat. pa.t filing ot Statement of Economic InlGrallts) s.. Instrument Manual for Statement ot economIc 'nter.ats . e. Nam.: Add,",: '., Dtplrtmwat: r C,,'gnated POI.Ion: .,", ._ Oheck th.approprlat. box: ,\ () ". limy Inllll atttem.nt. (FlI. Within 30 daya aft.r the affective date of the Conflict 01 Inc..... Cade.) , _' . " ,. , , . ( ) , have b..... appointed to tho abov.namtd palJtlan and wHl.....ame the potltlon on _ . " ' , ',' (date). (Fil. 10daya prior to asr.umlnl position.) () I haw.bH" tran.t,"ed to th.abov.named pO$iUon and wIIl.alum. the pOllUon on_ . , (dat.). (file w~hln so day. aft., ...umlng po.itlo....) () Thlc " my, annivlfMry ..tMlent. (File during the month of . () II.. th.abov.named poaltlon .. of _ (<!Alt.). (Fit. Within SO daVl of IlIvlng oflce.) Period covered, by the Statem.nt: (Not applicable for Innlal or appointed Statomonts) to 1. 2. I. 4. 5. 8 - 7. Oheck the appropriate box: () Th.r. hat bMn no change In my roportable Intore.ta ,'nce tha prevloua Statement ftlld by m. on . (Date of filing with your agency). My previoua Statement, copy attached. la Incorporated Into thl, Statemont. ( ) I hAve no reportable economlo IntGteata. ~ I understand that this Statomont fs filed pursuant to a Conflfctof Interest Code and requires that I disclose certain economic intere$ts established by the Conflict ot Interest Code tor my position. , declaro under penalty of perJuJY that I have used all reasonable Intolllgenco In preparing this Statemont and to the best of my knowledge it Is true and complete. Executed on .19--, at . CallfQrnia. o (Signature) 3;)3 -. , . . . (NOrE: Complotfl only thola Ichedulo. applicable to your dlaolo.ur. Cltogory) S.. InatNctlon Manual fQr Statement 01 Economlo Interelt' , und.r.tand that thl. Statoment Is filed pursuant to . Conflict of Interost Code and requites that I dlaolo.. certain economic Interests established by the Conflict of Inhirest Code for my politlcn. I have . declared all .uch r.portaI:JI. eoonomlo Interms. I declare under plnalty ot peljury that I have us.d all r.a.onable diligence In preparing this liatilment and to the belt af my knowtedge it I. true and complete. 1. 2. 3. 4. 5. '. 8. o Name: Addr...t~.. Oepartmtnt:_ .. O..lunattdPo"'lon: Ohtck the appropriate box: ( ) Thle ftmy Initial Stat.m.nt. (FIt. within 30 day. aft., the '''aotlve date of the Con111ct of Int.....t Code.) . . , ,. , . ( ) I have been appointed to the &bov.namtd poahlon and wllI.,.um. the POlItIO,. on _ . . . . (date). (1-". 10 day. prfor to ..Iumlng the po.lIon.) ( ) , have been tran.f.,," to the abov.namecl pOllio" and Willa..um. the poIitlon on _ (dat.). (Fila wlth'n 30 day. aftar ..Iumlng the podIon.) ( ) Thl. II my InnlvtrMry Stat.m.nt. (FlI. during the month of 1T l ( ) I left the abov.named poIltlon I' of (dat.). (PU. YAthln 30 day. 01 'eavlng offtoe.) Period cOYlted by the Statement: (Not appllcabl. tor Initial or appointed Statements) ,to , YJBlFJ..QADQH Executed on o ~ 18_. at . Califomia. (Slgnaturo) - 3;;1 . ~. t:) o . , NOTE!: If your pOlltlon requlto. 'ho dlsclosur. of Inveltmant., you should complete thl$ schedule, " you have nothing to repon, you should Indica to -non.', Check On. . I J Value dOGI not exceed $10,000 (NNn. or ~PMY) . () Value exceeds $10,000 but doel not (NaNI' of 1rMf.... ..Q. Common StoGie. PlI1nefaNp InWtst. tIC,) exceed $100,000 0.. h:qulrttet () Value oxc..ds $1Q().OOO (aenerll Otectlp.on ~ "'tI"". Ac_'t1tt) D... Of'poaed -- Ch.ck One [ ) V.luG dots not wccoed $10,000 (HIM. of c:omp~) r J Value exceedl'10,OOO but doe. not (NIIur. 01 1n",..tI. ..g. c.mman 81Do1t. Pametlhlp fnt"M" oto.) exc..d $100,000 Oftte Mqulrld () ValuG exc..da $100,000 (Gent,,, O.lt:lfp_an of SuI',.... M.vttf) Dale Oltpottd I Check One (J V.luo doe. not exceed $10,000 (NM\. or CoMpany) . ( J Value exceeds $10,000 but does not (t-Wute or 1ntM.11I. ..g. Common .Iock, PlItnof1hJp Inl<<._.. .te.) exoeed $100,000 -. 0_ Acquired [J V.luG exceeds $100,000 (aena,'cJ o..c,Jpllon 01 su.rn... Advlty) Data Dlapooed . Ch.ck One ( J Value does not exceed $10,000 (Ntm. of Comp:sny) [ ) Value exceeds $10,000 but does not (Nltur. of Int.".ts. "0. Common Stoek. Partn.rship Intoto." et.c::.) oxcood $1oo,OC.IO OIlW Acqul.od ( ] Value exceeds $100,000 (G.".ral DOIedplion or BU5lnlSl AcUvlty) 041* DIsposed - Check One ( ) Value does not excood $10,000 ("'amA o' Comf)dIW) [ ] Valuo exceeds $10,000 but does not (NAtura of Intl/ollts. ",~. Common Stock. PcW\-n,hJp Intores.. etc.) excQQd S100.oo0 Daato Aequilod ( J Valuo oxcoeds $100,000 to.net" OMcrh~tlon ot Ou"n.... AcdtAM D4to Ol~ao.od '.. a,,;S''' . . ,~ . " . . -'-,' \>,,' ::J o INT t'" Hauling AuthoritV PfQjoc,f I;UPtl or Qvor $1,000, al r~uJnd bV Connlet of Interest Codo) S.. In.&luetlon Manual 'of $tatGment or J:co"omlc fnt.".t, NOTE': If your position requJr.. the dl,clo.ura Qf fnloto".ts In roal propony, you should complete thlo IchtdU1Q. "you 11.VO nothing to report, you shC)uld Indicate .non.... l/r ...'" """"',1' ..41 (StiNt Add,... 0( P,eel.. Loc:adCl\ of P,optItV) ChICk One ( J V.lue dOl. not Qxc.td $10.000 [ J Value ,xc..ds '10,000 but do.s not oxceed $100,000 ( ] V.luD oxcleda $100,000 ( J Property I. my principal rtoldonce . _ ....... r " Dale Acqul,*, (NAIl. of ~ntaI.... ..,. f~i~. Op~on) 0... DI.pONd r~ '- (StiNt Adctt", 01 ~~I..locaIfon of p,optftt) Check an. I] Valuo does not exceed $10.000 (J Valu. exoeeds $10,000 but do" not oxc..d $100,000 [1 Valuo Gxc.td, $100,000 Date Acquired _ (~.". of ,rUt.... .... Equity. OpfOl'l) 0. DIa~ - (8tr.. Add"" Of Pr.ol.. Lccaion of PRperty) - Check One I J Value do.. no, _0." $10.000 ( ] V.luo exceed. $10,000 but do., not exceed $100,000 ( 1 Value exceed. $100,000 0...- Acqulttw:! (N4I&uI. of Into'",- ..g. Equity. Op~on) 0." Df.po.ed ($tr.., Add,.., Ot Pttcla. Location of P,opotty) Check On. ( 1 Value does not exceed $10,000 ( ] Va.lue exceeds $10,000 but <lOP' not Gxc..d $100,000 [ J ValuQ oxc..ds $100,000 DIIe AcquJ,od (Natwo 01 In....t. ..g. equJl'" Opdon) DIde DlapeMd -- ($troet Add,.... at Ptcaels. Location of PIOptfty) Check One t J Value does not oxceed $10,000 ( ) Value exceeds $10,000 but does not exceed $100,000 [ ] Value exoeeds $100,000 Dato Acqul,od (Natut. of IntOfoar. ..g. !!qulIV. Optlcn) lJcato Olapocod (Stroot Add,o~a or P'UC160 Location of Propolt'f) Check One ( ) Value dOGS not excoed $10,000 ( ) Value exceeds $10,000 but does not exceed $100,000 [ ) Value exceeds $100,000 DAlo Acqul,od (NClwro of Intold", u.u. (;qully. Option) DAle DlspOlJud .3~' . ., ~ \ ;~ " ~ . llf .... . ..... ..,.... ... ._'.'~ ."." .........'.... ...... .'... r. .:,. . o (Over $1,000, al required by Conflict ot Int"..t Codo) S.. InlCructlon Manual for Stat.ment ot Economic Int.rt.ta . NOTE: It your pOlitlon requlrel the dllclolur. ot clrtaln Investment and Interetltlln ,e.' prop.rty. dl.clo.. tho.. kind 01 Invlatmlnts and Inter.at. In ,eal property held by bUlln... .ntill.. you cont,oI on 'hi. .chodule. It you have nothing to I.port, you should Indicate -non.-. Nam. of BUlin... entity ~NEBJ)A~J:l[ITV (NNM 01 ComPM'I\ W' Cheok One I J Value doe. not exceed $10,000 b.-.... . (NMh ....,.... '.1. Cornmon IIDGk, P.m.eNp Inter.... tto.) ( J Valu. IxcMds $10,000 bu+tjoea not exceed 1100,000 Date Acq"iroce (~. of Inta'eGt. .,g. Eq,,'ty. Opllcn) 0.... DI.pOhd Check One [ ) Value does not exceed $10,000 [ ] Value exceeds $10,OC,o but does not excQod $100.000 (I Value exceeds $100,000 a;;1 _. 0. AcquIted (Clerwll Dtecttpkn.......~) 0. Cle~ed (J Value .xceeda $100.000 (NIme of~) --"'---- CMok One ( J Value do.. not exceed $10,000 .-::> (N.u. 01 I...... ..g. ComMon atock. 'artnetlhlp In"'.... etc.) ( ] Value exceeds $10,000 but do.. not .xoe.d $100,000 [J Value exceed, 1100.000 ~L-- O. Acqt.ired (Glntrll OetGrfpVon of lull.... AritAt/) 0... OIapoeecl . . , ... (NIm. 01 ComPMY) Check Ona ( J Value do.s not exceed $10.000 (NuNe of '....11. ..g. OCrnmon Stock. PMnt,.hlp Inlet.... .tc.) (1 Vealu8exc.tds $10.000 but does not exceed $100.000 [ ) Valu. exceeds $100,000 c-. Mauirld (c.n.a Detcrfpfon ollullMM Acllwty) o.te 'Jw, uecl Attach additfonalllJ*Mdon on uDfODrifelv lab"~ continuation Wtta. j~TeR~STS IN REAL PAQfE8..TV HELQ..BY BUSIN~SS ENTITY lJ (6""t Add,.., Of $'reclA location of PtoPGrti) Check One ( ] Value does not axcetel $10.000 ( ] Value exoeeds $10.000 but dOGG not exceed $100,000 ( ] Value exc.eds $100,000 o. AcqLdred (Neue of Into,.... ..g. Equity. Option) Ooto Ol'pofed - - o ... (Strawt Add,~o or Procllo location of PtOP$tV) ,,.,. , ..p~,:'/~ (Ant....... $250 or men from repcwtabl. lourc.. of Income .1 required by eon.1et of Int_... Code) 1M ~ Manual lot Statement of Eeonomlc Interelt. NOTE: If your position roqullal the dlsclosur. of Incomo, you ~hould complete thla schedule. " you have noIhInt to report. you should 1n~Ic.t. -non.-. (...... Aiel"" at.. 8cuC!.. at ~) ,.", ;::' ,!' . Chtck an. ( J Amount Of Value received Me not gr..ter than t1,000 <N-M CJf .. .... oIlncomt) .{; ~.., ".. aou.e. of Inoome) (I Amount orvatu. reotlvedwal ,...... ' than ",000 but not gr.... than 110,000 ' . , (J Amountorvalu. reewedwal g..... than t10,000 . .; :-. '. mtlatDtian of tw ~~.lf!(W. fQt h Inoom. lo..c,i' 01 the conoid if Check One , ,'; ( ) Amount or Valu. reoalv. .. not r., ' '" " , greater than $1.000 . : !:: . ' . . . . .IL~ "i,\'a: ',~"');?>"';'0,;i;~~ (J Amount orvalutJ roc.iv~ w.1 gNat<< :\< ,l}~_;,,:,,~ .~. '~:}~:~ff~ , ' than ., 000 but not ~r"'H than' '.".. p, ,\h;;:~;.;,i ',;i:;~tri'::i .10 ' it" .', ;"~';' f~":,.',;r,i_Y.\\;';',,.'X,:..~ · ,000 :.' : '" '. ~ ,,':~., .;",.,jf' ,,"., ~;',,'!f.i,~ ..< . "j ,\.::;~;';,:\,.. :':.f~:~1!;",:--::';Sf~~}~~ (J Amount orv.lue received Wu g~'~;l;: '::~\)~tjt~;Al~~:{~:r than $10 000 ' ","i'.'. ';";:'::';~:I';~;A ~ · ..'. : j.",:~~~".:.:.,~~_::,~,,~-.~{,; ~,'{y:';'~:}4~.~;-9.. ~r II.:'~(:~': . ~ '."_.'-~ :.:-: -~' ~~~.'~:'-,tt.. 'f '.' .' \~I' : "',\ -"'''~''''~''~l . . ~, .. ~ i1\ ~\.~" . ~,~/{' I ;', .J. 'l,r~l ,....'$ . , :...~."";~\~' gi~~~~ "..,'~.<.'. .~;,',~i~ri~'~ .~'" . : ..~t,',:" I..,'~:~~ .,~,':-'~'o4.1:.t. '.",~":f., ,',''';.' :~~a' ~rrL. ,,',[ t ",,," . I:. ~ .\,,'.' ..,;,.~, _.0.. . C'J.eclc ane !,:-:,;; ~~..~~~r&'~' >; " "", ,..,...'.1~,-'.'.IJ'\ [ ) Amount or Vatue received wa~,cnQ(.~. ~~~\:!.)':l.~:\ SPQatar than .1 000 ',\\::,:')':' I::~,:.::<",~,~:~ . I'. .. , . .',', .. "_ .'.~. ')',)h,_:.i~,~.. ~~ . '. "'~--'<""~1i .. "\,,{ ..,:'kW;S'~~\, [) Amourttcrvatuofocelvod was great." ,'::,'::i,rfk?~~1~~:j than $1.000 but not g-ater .han '- '!. "'~::':Y',~,',".!:'\r:\' . . ,.. , " :', . ';..': - ,.:.';"-:I.~...{,-;;\ t $10 000 :'.:' ,~111~'\ . . . .' _ i. .~ " ," ""i' '-'''ore ". " :: ',:.-.':::!.t;:,;;,,~; ( 1 Amount C\rvaluG received was 9r'at\!r-~: '..,' ,:'!~;~;%:~~;~~J lh"'n $10000 .';' ',' "\..~:,._,,,:,,\,~i'i .. . . . \.:::..,~, I;,. ,'/:~~:;.a.;;,,~.'<4.1'.; ~ - 10, .'. . : ',:::"i:i!~r.'i~i~ ..;;)"'Q i,I..., .' ,"~".!I~-t...,~'r~". .:?:,>,r{.~&1~~ ./f . (:J (NMM .... lour_ of Income) - (Addr.. oIlhe &owe. of Incom.) (8uIIneM Aa\4ty of the 8outc. of Income) (NaMe of N Soule. 01 Income) ~I'" of the SOUIC. of Incomo) o (Bus',,", Activity of 1he Sowco 01 .ncomo) IOellenAtian nf 1ft. Clft"~ld"'''ftnnl I' MV.-'Qf' the income' 1 :3 o .. ' iIrD .; (AtINPUng $SO or mote from r.portabl. IiOUICH ot Incom. a. requited by Conftlet of Inter.at Cod.) . 8M In.lNotJon Manual for Slal,",ent of Economic Int.....t. NOT!: If your POIJUOn requlta. the df.c;lo.ur. of Ineom., you ahould compl.t. thl. .chedul.. If you hay, nothing to report, you Ihould Indlcat. -non.'. " ' . (~ 01 Oonot) r 0.(') of 0".(.) . ~..) V"ue aI GlfI(l) . . (1YIIn... ~."." II .".,. 01 Conal) o.o.I,,*, 01 GiI(I) .A CHIme 01 DonGr) D*(.) of Qift(I) ~....) VIIue of CIiIt(.) . . MNtt.1f .",. of DonII) . OMo,lpfon CJf 0Ift(.) (NIIN 01 Oottcw) DaM(.) of Gill(t) CA*I'''') V.,. of QI~t(l) . (Su.lne.. ActMty..t tIIrf. of Conor) DMcripVon 0' Gift(s) (Nama of Oonu) 0.(.) of 01"(.) - (Act4,...) Valu. of Glfl(.) (1MInll' Activity. if any. of DOftOI) DMcrtptlon of Gltt(.) _. 3 ;;;, ~ ,. :3 . i ,..,":' -, .'" v 'l" ,,' .. -- s.. In.ttuctlon Manual tor Statement of i!conomfc Inter..al . (Heme of tul"" ~) . ~,... MIueIn...lnttt> 11 . ~ ~-rlMM ~ ,......., M ~tv) ,: ~ NIne of NCh IMNMIUII Of tnaItv who ,. left to the eove but,,,,,, "'~tv " Y9Ut po ,... 1Iw. of .... .... we. It._. ....: - - J L ~ - - _'1 - y - ---. - - 3-30 ~ : <l . Ii <) o . . ... . . (The "'et. pro ,.t. .har.' of the r... paid to tho bu,'ne.. .ntity which dOt. ne.t provide leg:ll or . brok....g. '1N1et. mutt b..' I..st $10,000.) S'I InlltucUon Manual tor Statemont of Economlo Int.r.st, (NMnI of 1uI1,.1 Entity) - . (AGck... of Bull.... Enuty) - IQMeII.1Ien of ~ AP'''''' M...M . - L U., ... '*" of ~h ~.... Of .n"~ 'NtIQ ..aid ,... to thI above bUll,*, entity I'vour pIG ,... aaw. of N I,oea ,to"'" Itom 1M IndMduIl Of entI"i wu S10.ClCO Of mot.: - - - ~ - .... ,.---- ._-....__....~..._..A.."....~....................8................ (NtIM of Iwlned I!t\dty) .. "'lVV' ... - ~,... of Sualn". EntJly) (O..e,lgtion of 1\1. ey,ln... Activity) ., Utt u,. MMe of eech Individual or et\tlfy who paid f... to tho ..bov. bualn.1I ontity i' your pro ,. ,har. 0' thL' (')'0" ,acaipbl ',om Ih.lndlvlduol or ontity wu 510,000 0' mo,.: - - '- 3.-'1 '.... . . , . -. . . ---. , . . ,a (At required by Oonftlct 0' Intere.t Code) ',.. Instruction Manual tor Statement of loonomlo Intereat. NOTE: It your pOlitlon r.qulr.. the ell.cloture of manaoement pOlitlona In bUlln.11I entltl.., you .. ahould complete thl. achtdul., " you have nothing to report, you should Indicate -none-, - (NMt\' of aam~'My) (kMt AcIcI,", ClIV, 8_) .... DMctloiM 01 ".'n... MtfVI'" (You, Job Till_ Of ~I"aa) (NaInta of ~ " (8"... Add,... City, s....)- IClMwal DeeotfDlaft ~ "I:.. AeIMM rtOAJl JDb Taile or PQlltol}) . . "8 (NItne 01 ComPMV) - . . (SIINt Adell.., Cll'/, Skb) ()......,..,,' \ .... .' . . ' . d-~ -C) I' ',. . tfOUSING AUTHORllY OF THE CITY OF aNCINITAS AGENDA REPORT Me.tlng Date: April 27 s 1994 TO: VIA: Board of Commlss~oner8 ~ Murray L. Warden, Seoretary of the Board Community Development 9.ftpartment Sandra Holder, Db'actor 1'\\' r/}r Lynn Brown, Housing and Grants Coordinator ~ FROM: ~ Approve Resolution 94-05 to adopt personnel polley. J.U.Ufil ,::) Whether to approve Resolution 94-05. - " On January 26, 1994, the City Council established the Housing Authority and appointed itself to act as the Board of Commissioners. On February 23, 1994, the Board adopted bylaws arid a seal. Attachment A Identifies the various steps for establishing a housing authority. .t ,_ .' tf' '- ~ < . . " '. ". ;: ~. :.',/'-':~ri.~i;;;;' J, -', :':;/'/: '::'::':~":('i<;i<''- ,', ,:i>':." , ,:, , " '.-'<,> \,;,>.' :,\:J-" u.s. ' Departl11ent'6f Housing andUrbsn Development and state law requires tt,e adoption of personnel polici~~. If'the Housing 'Authority has no employees except for the EXecutive ' Director, the policies remaln.flled. If the Ho'uslng Authority contracts with the City of. Encinitas for servlce~, then City of Encinitas' personnel policies apply to those personnel as to conditions of employment, promotions, etc. The employees are contract employees to the Housing Authority. However, the Authority's Conflict of Interest rules, travel rules and other regulations which involve the expenditure of Housing Authority funds will govern the activities of the contract employees. The policies which will govern the activities of contract employees Incorporate several o aspects which are specifically required by the federal government: '/-1 t) ,2) to \. \ .~ ~ · Affirmative Action Policy · Political Activity of Employees (the Hatch Act): Part C · prohibits political activity the samEt IS federal employees. The Hatch Act was recently revised. · Emergency Closing Policy .' Specific affirmative action requirements · Confidentiality Policy · Conftlct of Interest Code · Travel Authorizations ~ ,Martin Luther King Holiday - although not specifically required the federal government will like It. city policies cannot be referenced as applying to the Houulng Authority as iUs a separate legal agency. However,' as pointed out In Appendix 'A of the policies, any Changes considered would use the City of Encfnltas Policies as a gUide. 'f~ There will be fiscal and staff Impacts to the extent that the policies are activated. Approve Resolution 94..05 Adopting Personnel Polley. cd/glb/sr042794.ha1 (4/14/94) o 2) " , . I I j I I I (]) STEPS FOR ESTABLISHING AND ORGANIZING HOUSING AUTHORITY .' ',", ".. . . ..... 8TEPS REQUIRED 1, EnIbUnQ_f'.lolutlondetermlnlng need and Board of Commissioner structure. 2. Ado t bYlaws and seal. 3. Electofftcera and determine F've Year Program' 4. Adopt personnel rules and regulations. 5.> Adopt administrative plan and 'cocJe of ethics. cd/glb/sr042794.ha1 {4/14/94} DATE COMPLETED January 26, 1994 February 23, 1994 March 23, 1994 AprU.'27, 1994,(Pro oled) , Personnel Policies (Ap~J' 27, 1994) ~dmlnlstratlve Plan If having housing to leas8. ~3 " t \ I t i f ~ 1 ; " t I ' , ( ,'I I ~ i i " .f > , . ; 1 I , \ ,r ! , . , : f , i I i. ~: t " I ; i ) 'r .' I ! j \ \ t , I , ; I i , , . . I i : \ , \ , , \ I. f I , . ; } i, l , ~ \ '\ I u I . f) ... '''".~' ::) ,0 RESOLUTION NO. 94-05 RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF ENCINITAS ADOPTING A PERSONNEL POLICY WHEREAS, staff has prepared a personnel pOlicy which has been reviewed by the Board of commissioners (ttBoard"); and . WHEREAS, the Bo'ard 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 Employmen~ oppor~uni~y and upon' completion of the Housing Authority's mission. The Board bas reviewed these documents and has determined that they are accurate; and: WHEREAS, the staff has recommended to the Board that. t.hese document.s be adopt.ed as present.ed. . NOW, THEREFORE, IT BE RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF ENCINITAS AS FOLLOWS1 ~glLL. The persC'Jnnel Policy be adopted as present.ed. ~ This Resolution shall t.ake effect immediately. DATED: April 27, 1994 HOUSING AUTHORITY OF THE CITY OF ENCINITAS ChairpeX'son Secretary ~~ LB/EM/CR010-972Wp51 (04-15-94) .. ~ " 'ief \' - <J HOUSING AUTHORITY OF THE CITY OF ENCINITAS ::) Personnel Policy & Pl.ocedure o AprJJ 27, 1994 'lob . '- ,1. ';'~ ~ ':. ~.. .... . f~ ,'.-:-~,....J :~ ,~ o TABLE OF CONTENTS I. Page 1 1. 1 1. l' 2 2 2 PURPOSE, ADOPTION AND SCOPE OF POLICY A. Purpose B. Adopt.ion . c. Modifica1:ion and/or Revocation D. AdJainistt'ation.~' E. Savingsclause F. DepartmGntal Rules G. Scopo ot Policy IX. por..ICY.~';i~PPImo.'l'IVE ,A~ION AND EMPLOYEE POLITICAL ACTIVIT! 2 A. pOlicy; statement 2 B. Deolara~ion of Policy ot Affi~ative Action 2 c. PQlitical Aotiv1~y ot Employees 3 D. Anti-Sexual Harassment Policy 3 IIX. EMPLOYMENT CLASSIFICATIONS, JOB DESCRIPTION AND JOB EVALUA- TION SYSTEM 3 , , A. Imploym.n~ Classifications B. Job. D..cription . C. Job Evaluation system IV. EKPLOYBE . APPotNTHElJ'1' ,A. 30b'P081:ing . B. Reoruitment Advertising C. Selection of New Employees D. Employee Orientation E. Employ.. probationary PeriOd F. Performanoe Evaluations -' 3 4 5 5 5 G 6 7 7 8 v · EMPLOYEE WORK RULES AND REGULATIONS (HOURS OF EMPLOYME~rT) 8 VI · COMPENSATION PROGRAM 9 A. Compensation Program Administration B. Employee Overtime Compensation c. HOliday Compensation VII. BENEFITS 9 12 12, 13 A. Income P1:'otectio~' Plan 13 D. Paid leave of Absence Administration (Annual Leavo, Holidays and Other Paid' Leave) 16: C. Insurance, Worker's Compensation and Rotire~ent 18 D. Doterred Compenuation 20 E. Cred! t Union .20 \01222.12 ,.,t '0 F. Work Expense Payment G. Tui t.ion Reimbursement 20 20 VIII.RESIGNATION/TERMINATION AND LA~-OFFS A. R.s1gnation/Termina~ion B. LaY-Offs 21 21 22 IX. DISCIPLINARY ACTION AND CAUSES FOR IMMEDIATE DISMISSAL 22 t/-J '" A. Disciplinary Aotion B. Cau..G for Immediat. Oismissal 22 23 24 x. GRIEVANCE PROCEDURE. () C) fI "222-12 DII -- ---- Lv- ,,' ii .', . " ' A2PENDIX A - POLICY OF PERSONNEL CWUlGES .~ f ,'",I . ......... , . APPENDIX B - HOUSING AUTHORITY OF THE CITY OF BNCINITAs AFFIRMATIVE ,ACTION PROGRAH . , \ APPENDIX C - HOUSING AUTHORITY OF THE CITY OF ENCINITAS JOB EVALUATION APPEAL PROCEDURE APPENDIX D - HOtJSIllG AUTHORITY OF THE CITY OF ENCINITAS ANTI- SEXUAL HAR\SSMENT POLrCY APPENDIX E - RESERVED APPENDIX P - HOUSING AUTHORITY OF THE CITY OF ~NCINITAS FLEXI- 'lIMB GO!DELINES AND FLBXITIME TARDINESS SANCTIONS APPENDIX Q - HOUSING AUTHORITY 01' THE CITY OF ENCINITAS EMER- GENCY CLOSING POLIC~ APPENDIX H - CONFIDENTIALITY OF HOUSING AUTHORITY INFORMATION APPENDIX :r:.. CONFLICT OF INTEREST CODE APPENDIX J.. HOUSING AUTHORITY OF THE CI'!'Y or ENCINI'1'AS TRAVEL, CONFERENCE AND SEMINAR POLICY . . , <), ' ,~ '0 \1222- 12 'fa I, .' oj, ': . . ,.. I' ,. . ~ " ,.. ", , " i " ,. " .... " , - 'J C) SECTION I: PURPOSE, ADOPTION AND SCOPE OF POLICY Pa,rt A: Purpose It is the pUrpose ot ~his Manual to provide a uniform, comprehen- sive and efficient system of personnel administration for the Housinq Authori~y of the city of Enoinitas, herein after referred to as the HACE, and to insure: 1. That employment with the HACE shall be as attractive as possible from a career p~ospective., 2. That all appointments, promotions, and separations under the RACE service shall be on the basis of performance. 3. That position classification and compensation plans for the HAC2 will b. founded on th. principle of like compensation tor like Vork. 4. ~hat each employ.. shall be enoouraged to render his/her b~st aervie. to the Housing Authority of the City of Enoinitas. S. That the oitizen. of tho City of Encinitas be assured that ~hair b..~ interests are being served by the e~ploym8nt of the highest p08aible caliber ot personnel. ' Part Bt Adoption tf-t ,- This Peraonnal Policy and Procedures Manual was approved by The HOUsinq AU~ority of the City of Encinitas Board ot Commissioners on the 27th day of April, 1994. Part Or Modification and/or Revooation The Ilouainq Authority of the city of Eno!nitas Board of Commis- .ioners may 'at any time modify or revoke any or all ut these Regulations. Chan98s to the Personnel Pol!QY will be ~ade pursuant to the Policy on Personnel Plan Chanqes listed in Appendix A. Part 0: Administration The H~usJ.ng Authority will provide each employee with a copy 0' the nurrent Housing Authority of the city of Enoinitas EmploY~e Porsonnel Policy and rrocedures, work rights and obliqations pertaining to tho employee. Any chanqes in personnel pOlicy, proceduros, work rights, ana obligations shall be communicated to the employee in writing within tllirty (30) days of such change. '.:) 1 \lZ22-12 ',~J OJ Part E: Savinqs Clause ,.,. If any personnel regulation shall be hald invalid by jUdicial or legislative action, the remainder of these regulations, other than that which has been held invalid, shall not be affeoted. Part F: Departmental Rules Each department head may establish depa~ment rules of operatinq procedure whioh are pr~9ram-oriented but may not depart from these personnel procedures. Part G: . Scope ot Policy The policies enunciated In section II herein apply ~o all employ- ees doinq Housing Authority work. Seotions III through X shall no1: apply to employees who are employed by another employer and are working tor the Authority under contract with that employer. SECTION II: ":) POLICY, AFFIRMATIVE ACTION AND EMPLOYEE POLXTICAT.. ACTIVITY Pa2:t A: Polley Si:atement These r.gul.~ion. have been writt~n with the realization that the strength and growth of the nACE depends directly on the individu- al contribution made by every employee. These Re~lations further ~ecoqniz. that high productivity and efficiency reault from in4iv~dual job satisfaction. The palioy of the Housinq Authority of the city of Encinitas is to be always trank, fair, and honest with its personnel and to respeat the individual ri9ht~ of all employees. The Housing AUthority of the city of Encinitas shall continue to strive to achieve mutual respeot in working relationships and insist that the managers do all in their power to carry out such a pOlicy. '1'0 eSIli!itlue w~2.'kil\':1 LU'J..LlsttL. ",uucsss~ul1y, each empJ.oyee ana each manager must ~ealize that harmonious relationships are not .nti~ely a matter of rules but are the outgrowth of daily deci- sions and Cooperative attitudes. Part 81 Declaration ot Policy of Affil~ative Aotion The Housir19 Authority of the City of Enc:initas acknowledges that oqual oppo~tunity to~all persons is a fundamental human right. consequently, it: is the pel.ioy ot the !lACS to provide equal opportunity in employment and personnel management tor all persons; to provide access to, admission to, full utilization and benefit of training and promotional opportunities without dis- o~iminQtion because of race, color, creed, age, religion, nation- al oriqin, sex, marital s~dtU9, public assistance status or 2 "2U-12 fro '- 1"') '. ":. ..~.a' '~ .:J . . . , rights wI thin' the HACE to the 'extent permitted by law. '1'0 . implement. ,i:i\.i.s policy ,the HACE requires that every person maJcinq apPlioation'for, currently employed by, or apply!n; 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 App.nd!x B of this po:Licy. . Part c: Polit.ical Ao~ivity of Employees Prohibited activity according to Seotion 1502(a) of Title 5, united Stat.es Code (The Ha~ch Act) prohibi~s 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 fro. the United S1:ates government, from the following po~iticftl activity: 1. U.e of hiS/her official authority or influence for the purposes of int8rferinq with or atfectin; ~la r.~ult of an eleotion or nomination for of tic.; 2. Directly or indireotly coerce, attempt to coerce, command or advise a state or looal officer or employee to pay, len4, or contribute anything ot value to a party, commit~.e, organization, agency or person f~r POlitical'purposesl and 3. Be a oandidate for public elootive office in a,partisan election. Part D: Anti-Sexual Harassment Policy The Housing AUthority of the City ot Encinitas .has an affirmative Obligation to ]C;ti.p the work place tree of sexual harassment. Policy adopted by the HACE for all employees can be found in ,Appendix D of this Policy. SECTION III: EHPLOYMElJT CLASSIFICATIONS, JOB DESCRIPTION AND JOB EVALUATION SYSTEM Part A: Employment Classifioations There shall be five classifioations of employees: probationary e.pl~yees, fUll-time employees, temporary employees, ~ermanent part-time employees and emergehcy oppointments. 1. Probationary E~ployees' a probationary employee is a PQroon hired to become either a fUll-time employee or a permanent ~~rt- time employoe but who has not ~et reached the fi~st annivorsary ot hiS/her date of hire. t~ile in probationary status, SUch employee is entitled to all tho benefits ot the position but may be sUbject to layoff ~ith or without cause. (See Section IV, Part E .1ntG) . \1222-12 'III '. ~ . ....,... ", ~:) u .' 2. FUll-Time Employees: ,A full-1:ime employee is a person hired to fill a fUll-time.HAeE statf position and works minimum (or equivalent)'ot eight (8) hours per day, five (5) days per week, fifty-two (52) weeks per year, less earned vacation and sick leave, bone fits and is entitled 'to all fringe benefits provided by the Housinq Authority ot the City ot Encinitas. 3. Temporary Employees: A ~emporary employee is an employee who is compensated at an'hourly rate tor the, actual number ot hours work.a, receives no fringe benetits of any kind, and whose employm.nt is of an inaefinitadurat.ion"'to fulfill a specifio ...ignment,-usually not. to exceed nine.(~) months.'., . .' , ' :', "'''~;;-!-';'..',:, . ':;, .,'-;:.":.' ;. ,1;)ji~'.,.-:....-<" ':'\;:"'~';";'\'<;":"", . 4 .' ~""P.:;man..rit'~aX1:-TiDle Employees:.. A pe,rminent' pa~.~~t".tJJi.'employ- .e .i"'r:~P" eJlaP~oy.e who wO:r:~ ..less ,. th~nt:J?e standar~t~~rk, ,'hours. P.J:!D~n~nt P~z;~~~illle empl~y~.s~re,:~lig~le; tor' prorated' vacation an~".8ick,l.av,.>,~hich call"b.' 'u~ec:l,only. ~tterthe initial;;8ix- laonths' Qtse3:'V,ica.. ',Prorate" benefits will. be,det.minadbY,tha av.~aq. number',at hours worked' in propor1:ioll' to'tull-ti1lae\poai- 'ti~n.,. .".. ,Permftnen't: part-time employe.. will be paid for', H~11days that" f~ll 9n;-",~~9Ularly 8cheduled work:da~8 tor that ,employ~.. Employees who' can .et their own .chedules.~chweekwill'. not be pai~ tOJ:"Ho.11daya ~ _ : ~rther, all permanent p4t't-tim.,. employ... ove~:.18>,ye.r. of age working ,more than 1,040 hours per year must participate in't:he pension'plan. An employ...dae!9nat." as.~ar- man.n~ part-time shall receive no'other fringe benetits except tho.. tringe benefits expressly required by law. All pe~an.nt part-ti.. employees may participate in the Dete~rad Co~pensat1on :-?J:ogram. Also, peaanent. part-time employees have the option of Joining the Hospitalization, Long-term Disability and Lit. Insurance Plans a~ the group rates if they me.t the Plan require- .ents and agree to have the full monthly premium deducted from 'their pay chock. 5. Emergency Appointment: A temporary part-time employee who is hired at an hourly rata for a period at time not to exceed nine (9) months in any given oalenda~ year to perform a job that is needed to alleviate an emerqency situation. An employee hired in this manner is compensated at an hourly rate tor the actual number of hours wo~ked and receives no fringe benetits ot any kind. Part: B: Job Description , . A jOb description shall be est~blished for each position and . shall bG reviewod by ~e Housir19 Authority ot ~he city ot Encini- tas Board prior to 8uthorizationto establish the position. Each p08i~i~n desoription shall inolude the fOllowinq components: title, department, title of immediate supervisor, the pri~ary objective of the position, major task areas of responSibility, bUdqet responsibilities, responsibility for relationships, manaqer authority, management provided, knowledge and'skill 4 W22Z-12 ri~ I '- ,tj "'.",; '~ ..... "'-.) requirements, problem solving', work environment ana physical requirements. Job descripcions shall be maintained on file !n the Administrative Departmen~. Prior to postinq, the descriptions and knowledqe and skill requirements for each position will be closely 8),amined to determine the extent that ehe existing descriptions and qualifi- cations present artificial barriers to employment in the posi- tion. " , Each full-time employee shall be provided wi.th a copy ot a , curre!\t job,d..cription for his/her position. .At le~st,onc. a year,~h.manaqer shall review position desoription.of subordi- nate e.ployees for currency. In the event an employ.. is,per- forming,~uties and r.sponsibili~i.s not contained in the job ' description, the manaqer shall draft a revised jOb description and .and a copy to the Executive Director. Revised position de.ariptions tha~ include requests to change the salary range ..tabl1shod tor the position shall be considered via pOlicy tor position reclassification (see position reclas8ir1ca~ion Section VI, Part A-g). Part c: Job Evaluation system , . . . . A jOb .\'raluation Sy.tellllUa.b....ll adopted by<~e Hi;;'i!sinl1,Authority ottha-,city of Encin1tas Boarc:l of Commi..ioners tor '.valuatinq and determining 'the.fJa1ary'range for eaoh HAC!::, poaiti9n.. 'Jf:ach jOb d..c;sriSJtion will'beevaluA'ted on the.followinq taotor.. . knowled;e and skill required, deoiaion-maklnq discr.tion,co.~ plex1tYI responsibilitr tor relationships, size ot orqaniz~tion beinq man,aqea, respons biliey for economia.resources, anel re.pon- sibility., tor de'Velopm8bt of policy and methods. The positions are evaluated bya cnmmittee established by the Executive Diree- to~. The position.: are given a point value based on the commit- tee's evaluation arid placQa into a grade on the Compensation . Schedule. Placement on the Compensation Schedule will depend on the nUmber ot points assigned to the ~osition and external salary information. A Job Evaluation Appeal Procedure is Qutlined in Appendix C of this policy. The Appeals ProcedUre can be utilized by .mployees requestinq a re-evaluation of their position by the jOb eva,luation oommittee as stated above. SECTION IV: EMPr~YEE APPOINTMENT Part: Ar Job postinq . , A copy ot thin PersonnAl Policy and Proceaures Manual and a oopy of eaoh required EEO poster will be posted and maintained 011 each bUlletin board or space reserved and marked as a llACE Employment Information Center for perusal by employees and the general publio. " 5 "222- ta 'ft3 ::) .~ () ';_oi All notices of any position vacancy in theHACE organization except flIDerqenq' appointments but including ne"ly createet posi- tions, shall be posted on the HACE Information bulletin spaces for a periOd of not less than ten (10) wo:r:kinq days. " Each pos~inq shall include the jOb description, instructions for making application, and time deadlines for makinq application. No position will be filled via the flIDergency appointment method unless the Executive Director or hiS/her desiqnee determines that an emergency exists and that waiting ten (10) working days to post a position could endanger the health or well being ot HACE 'tenants or property. AllBoa~ approved positions will be filled without discrimina- tion or faVor as desoribed in the AffirmAtive Aotion 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 reol:'\\itlng sources to ensure reoeipt ot apPlications from all elements of tn. POPUla- tion within a 3/4 hour cOlDllluting l:'adius of the jOb site. ' , '.., " " . All.llIP10YIII~ri~a~vert!~ing shall b. coorclinat~d ~i:oU9h.th..HACE Administ:rat:ion'Department. The HACB Administration Department shall determine the nature ana amount of employment advertising funded through allocation from the established bUdgec icem for aUOhpurpo.e. Notice of all position vacancies shall be submit- ted to the califo:mia Department of Employment Servioes. The HACE Administration Department will accept responSibility tor complianoe with the city Affirmative Action program regarding employment advertising. Each adVertisement Will specify a time periOd within which application can be placed. Each time the HACE advertises for employment the words "Equal Opportunit.y Employer" ani/or "An Affirmative Action Employer" will be inClud- ed. Part c: Seleotion of New Employees All apPUQations for employment in the Housinq Authodty of the city of Encinitas shall be made at ~he HACE Administration Department. Each applicant shall complete an approved applica- tion form and such complet~d apPlication form shall be tiled in the ottice ot the HACE Administration Department. Emplol~ent 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 tn which applicants will be interviewed. This intor.mation will be forwarded to the appropriate SUpervisor. All interviews 6 "Z22.12 t/-tY .. l~ ",",.o.._j /.') '-.... \:J - - ~ -... - . ----- ' - r - . . . ...., '. shall be between the supervisar desiring a new employee or his/her.designee and the pot:ential employee. Al1empl~Yment screening shaU ~Ulize only those employment tests which actually predict obJective and measurable criteria of pertormance. The Housinq Authority of ~~e City of Encinitas will u1:1liz'e only those tests which are valid and oorrelate wi'th the criteria of performance. Uniform gradinq standards shall be applied to each indS.vidualexaminat:ion. Like tests shall be administered under like conditions. '1'he,...1.8ation ot thebes't candidate shall be made by th. depart:- 1ft~n~);;h.ador c1esigna'ted superviso~. All post t:!ons are filled only:,;~tter approval by the ExecutJ.ve Director or his/her des,icjnee. All persons selected must meet the minimum qualitica- tions. tor the position. A pre-employment physical may be re- quired at the expense of the Housinq Authority of the city of Bncinitas. . Inth$ca.e ot IIn emergency appointment only candidates.with an emplQyment ap~lication on file will be oonsidered for ~mploym.nt. No candidate oan b. selected by a manager via ~he emergency appointment method Defore a determination by the E~eoutiv. Director or her/hi. d..ignee that an emergency .xists. The HAC! Ac1ministration Department ahal'l notify all applicants of ~. faot ot noneselection for employment. All applications for employment wil.l be hold tor a periOd of hot les8 than one y~ar. A record will ~. maintained of such applications for use by the RACE Administration Department in determining any illegal dis- criminatory pattern in emplo~1Dent:. No person s~all be considered for tull-ti~e employment if a spOUse, brothG~, sister, .other, tnther, son or daughter is c~rently, a oommissioner and/or employee of the Housing Author!.. ty ot the city ot Encinitas. Part D: Employee Orientation All employees will be informed as to their rights and responsi- b11i~ieo as HACE employees. They shall be informed how their starting sala~ was .stabl!shea. They shall review the Personnel Polioy and be introduced to other employees. Part E: Employee PrObationary PeriOd 1. Probationary Period fo~ New Employ~es: A six (6) month pro~. . bationary period shall be .andatory for all new employees. Any such employee may be dismissed without cause <'~~rin9 hiS/her pro- bationary period with the approval of the Exeoutive Direotor. Such dismissal shall noc be subject to the procedures contaihed in Seotion IX of this POl.icy Manutll, but may be reviewed undor 7 11222. 12 'Iio' , , ~ -) .,~ o . ... Section X of this Policy Manual if the dismissed employee feel$ his/her civil rights have been violated. Unless dismissed within the six (6) month probationary period, such employee shall automatically attain full-tima/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 the end of the probationary period. I 2. probationary Period for It.nployees Acceptinq a New Position: A six (6) month probationary period shall b. mandatory tor all employ... acceptinc; a new position. Any such employee may be d.mo~ed without cause or termina~8d with cause with approval of ~h8 Executive Director durin; probationary period. Such an employee ahall retain all other aspecta of fullwtime employment .~atus during this probationary period. Part Fa Pertormance Evaluations All pertormance appraisals will reflect actual performance of the job. All performance appraisals shall be in'writing, shall be reviewed with the employee and mad. part of the employee person- nel fil.. An employ.. claiming discriminatory practioe in p.~~ormanQe appraiaa18 may app.altb~oughthegri8vance procedure in Section X. Management Policy Guidedirecta that supervisors .hOUld strive to oonduot evaluations every six .onths durinq regular employment and more often durin; probationary periods. How.vo~, at a minimum, a pertormance rev!ewbetween the employ../manager muat: be held at t.heend of such six month probationary period and durinq regular employment a~ least annually. Perto~ance evaluation materials will be provided by th. RACE Administration Department at the end of each employee's probationarr poriod and subsequent anniversa;y date for the purpoa. ot joint supervisor/employee evaluation. The completod eVAluation matGrials are to be returned to the RACE Administra- tion Departm811t to become a permanent portion of the employee's PQroonnel fila and a copy shall te qiven to the employee. SECT70N V: EMPLOYEE RULES AND REGULATIONS (HOunS OF EMPLOY- MENT) Fallowinq are ths employee wo~k rules and tegulations with respect to hou~s of employment: 1. Hou~.: All full"ti~e emploYGQs shall be e~pected to wo~k the' equ!valent of an eiqht (8) hour day, forty (40) hour work week, Monday th~oU9h Priday, except for authorized absences. The HACE may adopt a Flexitimo System includinq a DUmmer hours option. ThaBa polioies are inco~porated toqether with the Flexitime Guide found in ApPQndi~ F. This Flexitime GUida establishes permanent 8 &1222.12 '11" " o '2J ........" o ~ .... ~ - . . ,. . Ht' t~ I.... ...... ....~.. t.) .4" t. ._..... \00\ .t.. .. . policies for the f,lexitime system to be offered to employees, subjece to approval ot tboir =anaqer. 2. Lunch: All employees w one (1) hour per day as scheduled by the d6partment head or 90 minutGs if no rest periods are taken. 3. Rest Periodo: All omployees - fifteen (15) minutes each morning and aftornoon ao schoduled by the department head. Em- ploy... are not eligible tor rest periods if they take 90 minute lunch perioc1s. . 4. Emergency Closing, The Emergency Closing Polioy (Appendix G) will be utilized as detined in the pollcy. SECTION VI I COMPENSATION PROGRAM Part AI compeno4t1on Program Administration A uniform salary .oalo will apply to all HACE positions, except 'the Publio lIoua111g Maintenance positions which are required to be paid waqe. det.rminod by ~he u.s. Dep~rtm.nt of Housinq and Orban Development. Pay check. will b. i..ued bl-weakly on every other Friday with time sheets fo~ the ptecod1ng two weeks due the Monday prior to the Friday pay day. Fringe benefits and fringe benafit pa~Qnt shall be uniform for all non-exempt HAC! positions. In no instance will disariminato- ry p~actic. jUstifY a differonce in the trinqe benefit program. NOTE I All exempt manaqement employees' trinqe benefits, shall be the same as non~Gxe.pt employees except that the exempt manage- ment employ...' total oontribu~ion sh~ll be paid by the Housing Au<thority. The anniveruary dates tor full-time and parmanent part-time employ..., tor purposes of seniority, shall be the yearly anniversary of the tirst day of omploymant for fUll-time employ- ees and the a~cumulation of 2,080 hours for part-time. To facilitate the recording of vacation, sick leave, overtime, other leaves and hours workod, all employees shall attach leave slips to the time sheet for the pay period in whiCh the leave was taken. Suitable fOrJDU shall bo available through tho HACE Administ:ration Department tor Use in time ~eport1nq. Every time report shall be signed by the departmerlt head and then forwarded to the tlACE Finanaa and Accouneinq Department who shall be responsible for keeping reco~ds of ~le omployee's accruals. 9 11222-12 If/? f . ,I! " ' I { . i . r ! i . ! , r I , , , , , i - I~ ',., .J.' 1. Salary Ranges: All positions will be assigned A salary range by approval of the HACE Board. Salary range deoisions will include oons+deration of job rank relationships es'cablished by the Job EvaluatJ.on COlnDlit- tee (the committee will be designated by the Executive Director), salary survey information from relevant 3.abor markets and Housing Authority ot the city of Encinitas Board decisions for salary bUdgets. 2. Salary Ranqe Update Adjustments: Salary ranges vill be updated once .aoh year by the Housing Authority of the C1~y ot Encinitas Board to ~efleot actual and anticipated market movement for salary ranges and salary budgets in the oominq year. 3. Merit Increases: The Housinq Authority of the city of Enoinitas utilizes an open range compensation schedule. M.rit increase percentages may be determined annually by the HACE Board. 4. Guide for Determining starting Salary: New position incumbents will beas.igned a salary rate within the e8~ablished salary range tor the position. . . , ~ . A guide to cho~~e the'appropriate level tor starting salary is as ~Oll,O ws: tJumber 0, f years of,'appl!cant's related expe:r:iencG or education which would be helpful in perfot'minq tbe job minus the number of years of related education or experience desired tor en~ry to the position. If the resultant number is 0 or a'nega- ~ive numbe~, ,then the starting salary is the minimum salary for that position. . Xf the reSUltant number is larger than zero and it the experience is direotly relat~d (that experience where the majority of ehe jOb duties ware comparable to the'position being filled), the applicant ~ill be given a 5% increase from the minimum salary established tor the position fo~ each positive . integer of experience over raquireuents. in no case can education be used ~o place a new position inoum- bent higher than the minimum salary esta~lished for the position. In no case will star1:ing salary be below sulary range minimum, only in exceptional cases will si:art:ing saJ.ary for new employees be established above the midpoint OJ! the al)propriat:e salary range. ,,~ ..J 3 5. prObationary Period, Compensation: Employees are not eligible to receivG a salary increase within the first six (6) months of tho probationary period. 10 ~222.12 'Iii . , . -. ''j ~) '.. ~.:J 6. Salary Administration, First Two Years ot Employment: Employees, may at the manager's discretion, receive a mGrit salary increase (as establisbed by the HACE Board) after six (6) mon~hs, as substantiated by p$rfonnance appraisal if they have oatisfactorily completed the probationary period. All employees will receive any salary increases that result from salary ranqe adjustments. . 7. Salary Adminis~ration - Incumbents Beyond 24 Month ~oploy- ment Employees, may, pending satisfactory ratitlgs on performance appraisals tor the preceding -onths and at the supervisor's discretion, receive a merit salary increase wi~ the approval ot the Executive Director as determined by the Housing AUthority of the city of Encinitas Board annually, to a maximum of the top of ~1e 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. 8. Salary Adminis~ration - HACE Employees Acceptinq A New P~~bn: . a. Starting Salary: If a lfACE employee accepts a new position with the RACE, the s~arting sala~y will be determined in accor- dance with Section Vi, Part A-4 above, effective on the date of chanqe to the new position. Employees accepting a now position in a cla.ssification with the same or with a higher salary range may be eligible for a salary increase, or may receive the same salary, but will not receive a d.c~eas8 in salary. Employees a~cept1ng a new position in classification with a' lower ~alary range will not be reduced in salary but will be limited by the top of 'the new salary range. )). Salary Increase: If a BACE employee accepts a new posi~iQn wi~h the HACE, helshe will be considered for ~alary increases in accordance with Section VI, Part 6 and Part 7 above. Date of hire will be determined by initial date of hire of cont:inuous employmen1: in the new position. 9. Salary Administ:ra~ion - Posi~ion Reclassification: It a position is re-evaluated by the job evaluation committee, it will recoive a new point total and will be placed on the oXisting compensation schedule. After the Executive Director has deter- 11 wm.12 'f-l~ -: ~'.. . . .. -- .'J ~ '.:J . : mined the olassification for the position, it the classification has a higher salary ran9s, the incumbent will be assigned e salary ~ate as s~at8d in Section VI, Part A-4 above_ If the classification has the same or lower salary ranqe, tha incum- bent's oalary rate will remain the same. Part 8: Employee Overtime compensation Thet.'8 shall be no overtime wo:rJced without prior approval by the affeoted marlager. Each employee will bo designated as exempt o:r non-exempt,in accordance yith the Pair Labor Standards Act (FLSA) detini tion', To comply with FLSA, all non-exempt employees will receive overtime pay a1t one ~~d one-halt (1 1/2) times the reqular hourly rat. tor all approved time in excess of forty (40) hours in any work week (Sunday - Saturday). FLSA allows compensatory time off tor non-exempt employees only if ~aken in the same p~y period. compensatory ~ime off is not allowed tor nan-exempt employ.es. Exempt employees are not eligible f~r overtime payor Oo.pensa- ' tory time off. Pa~t c: Holiday Compensation Any HAC! employ.e who is required by his/her Department Head to work on any IiACE observed hOliday shall be paid his/her regular pay for the ~ime worked on suoh holiday in addition to his/her holiday pay. A permanent part-time employee shall be entitled to holiaay pay if a designated holiday taIls on a day which the employ~e is normally aoheduled to'work. HOliday compensation will be based on the number of hours the employee is normally schedulea to work that. day. ~he Housing Authority of the city of Encinitas has established the fOllowinq leqal public hOlidays, plus one floating hOliday and any other holidays formally recognized by the Housing Authority's 110s1: City of Encinitas: New Yeares Day Labor Day Martin Lul:he):' King, Jr. Day Veteran's Day President's Day ThanksgiVing Day Memorial Day Day after Thanksgivinq 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 1 and Uecamber 31 will receive 8 hours of floating holiday upon date ot hire. Employees hired ': between January 1 and June 30 will receive 4 hours of floatinq hOliday upon date of hire. On July 1 of each year, the floating 12 11222-12 ~L~ -~ . ~ .,~.;"A ,:) . .:J holiday balance for each employee will be increased to tho mAximum ot 8 hours allowed by the pOlicy. Floatin9 holidays shall be scheduled to first meet the operating needs of the Housing Authority, and then tho preferenco of the employee. Authorization to use floating hOlidays is granted upon sUbmission of a Le~ve Request form by the employee. Reaaonable notitication of the request shall be observed by the e~~loyee. To be eliqibla to be paid for any paid holiday, an employee of th. Housinq Autho~ity MUS; be in an official pay status the last work day beforo the holiday and the ne~ work day after the hOliday. When January 1, July 4, November 11, or December 25 tall Qn Sunday, the following day shall be a holiday. When January 1, July 4, November 11, or December 25 fall on Sa~urday, the preceding day shall be a holiday. SECl'ION VII: BENEFITS Part: A: Income Pro~oction Plan It is the inten~ign of the HACE to provide compensation for a specified period of tima for employees who beoome 1ncapaci~at8d by a single apisode ot illness or a diSability. To accomplish this, the RACE has established the fOllowing Income Protection Plan. A. Definitions 1. Illqible Employee: For the purpose of this section, "Eligi- ble Employee" shall mean all elnployees, excluding reserve employ- ees whose appointment does not include the Income Protection Plan. 2. lm!tily}t'ember: "Family Member" shall mean a spouse, p14rent,' child (natural or adopted), other person under the legal custody or care of the employee, or a p~rson of similar si9nifican~ relation to the employee as determined by the Department Head. 3. Illness: "Illness" shall mean disease, injuty, impairment, physical or mental condition, or any other oause of incapac- i~ation requiring in-patient care in a hospital, hospice or residential health care facility, or continuinq treatment or supervision by a health care provider or any o~er caU58 of incapacitation of an Eligible Employee includinq that eovered by the provisions of the Workers' Compensation Laws of the state of California. . 13 \1222-'2 ,~ '" ~-\ I --. . I , "'./ .,...) - - --- -- 4. 1: o't : "Unit of Benofit" ahall mean the equJ.va- lant of one paid work day, whereby an Eligible Employee may ~eceive compensation f~r an Absence Occurrence at the employeeis established rate ot pay. . ' 5. ~seoce OceurrenoE\: "Absenoe Occurrence" shall mean an absence from work ot the employee for one or more work days, not to oxceed 90 calendar days or the total number of hours equiva- lent to 90 calendar days. An employee .ay not use ~wo IPP Units o~ benefit concu~~ently. _Once an employee is absent from work tor 90 days, they are eligible for Long Term Disability. Absences for which the employee will be compensated tor up ta 90 calendar days under the Inco~e Protection Plan without reduction of Units of Benefit include the following: . a. Illness, injury, impairment 'or physical or mental condi~ion covered by the provisions of the Workers' Compensa~1on Laws of the state o~ Ca11~crnia. Workers' Compensation s~atutory bene- fits will be offset to the Income Protection Plan benefits up to the 90 oAlendar days. b. }~y office visit not requiring an entire work day to a licensed physician, chiropractor, dene!st or oral surgeon provid- inq ~h. employefa notifies the Department Ilead prior to the vis!':. If 'the scheduled appoin~me~t is during normal work hours, the cmployoe is expected ~o be at work immediately preoeding the visit end/or be at or return to work immediately fOllowing the visit. B. Acorual of Units 1. Nett Hires - Eligible Employees, other than those specified in sectj.on VJ:I, 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 t-at:e of one Unit every three consecutive months ot employment until 12 months helve been completed. Accrual shall begJn on the last: day of the month of hire. Durinq 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 consecu~ive months prior to an Absence Occurrence, he/she shall acc:1.-ue a Unit of Benefit for that three month period. ' 2. Aft€lr 12-Honth l'erioCl - After the initial 12-month period has elapsed, employees shall accrue Units ot Benefit at the'rate of one Unit per month, excapt for any month in which an Absence Occurrence is incurred. However, if an Absence Occurrence is less than focr weeks and falls within two months (i.e., illness began in the previous lnonth), accrual shall reconunence in the 14 11222-12 9'~ -, rj J ",) month in which the employee returns 1:0 work and shall continue, subject to reduction tor Absence Occurrences, to a maximum af five units. c. Use ~f Units: " 1. Compensation - An Eliqible Employee's first Unit ot Benefit (the unit receivea upon date of hire) and all additional Units the1"eaft.8r shall be compensated at 100' of the employee's regular rate ot pay with ona exception: if the employee uses his/her Units of Benefit and drops to a balance ot one Unit, compensa~ion 'will ocour at 67' of the employee's regUlar rate of pay when the last Uni~ is used. Compensation 1s as follows: COlnDen sa 1: 1ml 100 Percent 100 Percent 67 Percent P1rs~ Unit of Benefit Two or More Units of Benefi t One Unit ot Benefit 2. Illness of Family Member - In any fiscal year, one Unle ot Benefit may be used by an Eligible Employee for a single Absence Ocourrence ot up to five consecutive work days due to a single episode of disease, injury, impairmen~, physical or mental condition, requ1rinq 1n-patien~ care in a hospital, hospice or residential health care tacility', or oontinuing treatment or supervision by a health care provider, or any other cause o~ incapacita~ion 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 Oocurrence, the employee must first obtain the approv- al of the Executive Dir@otor and hiS/her si~naturo on the em- ployee leave documentation form. The Executive Director ~ay require a~ his or her discretion, written verification of the cause ot any Absence occurrence by a licensed physiCian, Chiro- practor dentist or oral surqeon. 4. Conversion - A Unit of Benefit may not be used in advancG of its a accrual or converted into cash, time off from work or any other benefit. D. Long Term Disability In addition to the Income Protec~ion Plan CIPP), all RACE employ- ees, excluding reserve employees, receive long term disability insurance. This coveraqe is designated ~o provide, to persons insured, a monthly benefit which partially replaces income lost durj.ng periods of total disability. 15 11222-12 t!:;J3 . . /'"- Ow '} Payment of benofits begins after a gO-day quallfyinq period is satisfied (during which time IPP can be usod) and continues until either the ono period of total disability ends, or tha 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 partod ot time away front their job. The intent ot this policy is to ensure that all employe.s have an adequate amount of time off each year. Fur- tbez:more, the HACE encourages the use of this time. Employees shall be qiven adequate opportunity durinq the year to use acc~ed Annual Leave. Leave time shall be granted at a time when it is not detrimental to the on-going operations of the RACE. A. Regular Employees: The accrual rate for regular employeeG is as follows: Hour", of Biweekly Maximum ^n~ual Increment Ann~A81 Leav~ Accrqal Ra~~ Aeeumuatj.on Hire ... 5 years 104 4.00 brs. 208 hrs. .:J 5 - 10 years 128 4.92 hrs. 256 hrs. 10 - lS years 152 S.8S hra. 304 bra. 15+ years 184 7.ea hrs. 368 hrs. a. All regular employees shall be given credit tor continuous prior comparable public service employment at the rate of 1 year tor every 2 years worked. b. Comparable public service eml'loymen1: is defined as employ- ment with a oi~y, county, state, federal government or special dis~riet in a position related to the position with the RACE or the City of Encinitas. The fOllowinq guidelines are established to assist in consistent crediting- of "prior setvice": i. 'PUblic service employmene' is defined as employment in city, county, state, federal government, or special dis- trict. 'Continuous prior public service' is defined as one year O~ lese interruption in public service employment. 1i. Prior service applies to fUll-time regular positions and part-time positions that accrued vacation/annual leave~ iii. only prior servioe that relates to the position being tilled with the RACE will be counted. -, I . ......." 16 41222-12 '1;i/ .... .~) '. .. ,::J .'...... ' , ......J iv. Hilitary servico will not be included in tho calcula- tion ot prior service. B. Reserve Employee: UnleaD stated otherwise in the employee's. letter of ~eserve appointmsnt, the accrual rate tor reserve employees is the S~e as regular employees. However, reserve employees will not receive credit for prior oomparable Public service. All t"eserve employees working less than forty (40) hQurs per week accrue annual leave time on a pro-rata to the numbe~ of hours worked. C. General GUidance: The tollovinq are qelleral guidelines fo:!:' Use ot annual leavo: . a. MaXimum Balance - An employee may not earn additional paid Annual Leave atter two (2) time. the annual accrual has been earned and remains unUsed. However, the Executive Dirdctor may grant an employe. the ability to acorUe annual leave above. the specitied limit for vacation planned near the time an employee reacbe. the maximum accrual, cr a planned extended vacation, or i~ the worJc1oad ot an .employee is such that she/he is unable to schedule a vacation. .' b.' Annual Leave Accrual - Annual leave ~!ill be acorued 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 balanoe be converted to ca.h. SUch request shall be limited to unexpected IUtd immedi- ate tinancial hardship or onset of a debilitatinq physical aondieion, where the employee is no longer able to perform the duties of hiS/her POSition, and must he approved by the Executive Director. d. Separation of Employment - Upon separation from employment with the RACE, an employee shall be entitled to cash out any A11nual 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 !lACE; and 1i. The employee's desires. f. RQquesting Time Off - ~ leave request form is to be submit- ted hy 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 deducted from Annual Lea.ve. 17 11222-12 '1;;5" -. '~) 3. Funoral Leave ~ A peX'lllllnent. employee may be grant.eel leave with. /.)ay when a. death 'occurs in the GD\t')loyee's immediate family or hilusehol~. IDUnedi- ate family and househ\31d mOlnbers are defined. in Section VII, Part A. ordinarily the maximum amount ofle~ye with pay fot',tuneral leave be thrG8 (3) consecutive days. However, where circumstanc- 8s.warrant, the supe~,1scr may au~horize a lonqer period of,leave with P~y, not to exceed five (5) workinq days. Leave with p~y. to~a funeral for other than an1~ediate fa~ily and/or household member may bo approved, at the discretion of the Exeoutive Direc'tor. The type of leave (sick leave I)r ad:c4inis1:rati ve leave) and the amoun~ ot leave authorized will be decided by the Execu- ~1ve Dir6ctor. ZC an employee takes time off tor a funeral in a situa~ion n~t covered above, such ~ime off shall be a leave of absence without pay unl~ss ~le employee elects to take vacation time. 3. Military Leave Employees who are members of any rese~ve COMponen~ of the Mili- ta~ Forees of ~e Unitad sta~es shall begr~nted leave of absencewl~ pay not to exc8edfitteen (15) days in one year in order to go onac~iveduty for such traininq periods as are nec...ary to their partiCipation in a r~s~rve traininq program. All requests for military leave ~ill raquire four ~4) weeks no~ice except: in the advent of a national emergenoy. Copies of m11i~a~ orders requiring ~ilitary leave, shall be submitted to 'the supervisor prior to the grant of approval. ~ll e~istinq federal and state sta~utes applicable to the rights of any emt:loyee who in on a leave of absence from 'the H.\CE for ~ilitary servioe shall be applic~hle under this POlicy ManUal. 7'~' " 4 . Cour' Duty' Employees subpoenaed as witnesses or called and seleoted tor jury duty shall receive their regular compensation and frinqe bene- fits. Pay received for jury or ~litness dllty must be given to the HACE. Part c: Insurance, Worker's Compensation and Retirement .:J 1. Insuranoe Benefits A. Hospi~al - Medical - Surgical Insurance _ Dental: (C) Long Term DiSability (LTC) LTD previdea lln insured employee with monthly payments to par- t.ially replace income if he/she becolnes totally disabled. LTD provides a monthly benefit of insured employees who become 18 \1222-12 , ) totally disabled by accidental bodily injury, sickness or preg- n~ncy. Atter a qualifyinq period of 6 months, benefits will accrue with respect to anyone period of total disability. Employee partioipation in the LTD proqram is mandatory for all, eligible employees. Employees must work a~ least 30 hours per week to be eligible lor this benefit. The RACE and full-time employeo each pay 50% of the LTD insurance premium cost. 2. Worker's Compensation An employee ~eceivinq oomp~nsation under worker's compensation will be processed in the followinq manner, which applies only so long as the employee haa acoumulatad unused sick leave: (A) ~o employee will keep the worker's competasat:1on check and provide the HACE ~inance and Accountinq Department with a copy of th.a che"k. (B) Tb.e RACE will pay the employee the difference between the worker's compeneation check and full salary. (0) Tho employee's sick leave will be reduced by the amount ot pay listed above in seotion VII, Part D, 2B, tra~slated into hOU~B and d~'YG. It any omploY88 does not wish to have his accumulated siCk leave reduced,throuqh the prOC8~S aescrib.d above, such employee may ohoose an option Qf deClining monetary compensation by the RACE Gnd retain accumulated sick leave on the books. Upon .return to work, a 4octor's certificate shall be required ~o show the employe.#'8 ability to work at his/her former job. The employee is obli'Jated to inform the HACE Accounting Departtnent of the amount of the worker's compensation payment immediately upon receipt ot such payment. Failure to noeify the HACE Finance and Accounting Department upon receipt of such payment shall subject the employee to discharge from employment. 3 . Ret,irement: When the Housing Authority ot the City of Encinitas is a partiai- pani:in the -I name of re~~remen1: plan L. The RACE will bave a master retirement system which has been approved by HOD and all applicable Internal Revenue Codes. It will be a private retire- ~ent plan which qives each participatinq aqency flexibility as to desired features. "., 'oj In accordance with HUD'guidelines, the HACE will provide that contributions made by the participating employees be vested in a Pixed Income Fund earning a guaranteed rate. Each participant has the option of investinq the Aqency contributions on his/her behalf in either the J name of L Fund or in the J name of 1.. '.'''. Fund. Employees may choose the disposition of their share of 'J 19 \1222-12 t/-r; ... . ~ 1'_ - lit. - J -" J ~ Agency contrlbu~ions on a percantage baais. Employees will be contributing 5 porcent of th~ir basia monthly salary and the RACE will provide 5 percent of the employee's monthly salary. Employees active in the plan will become vested at a rate ot20 percent for ~ach full year and 100% vested after five years in the Pl~n. All perman~nt employees 18 or over will join the Plan etfactive with their employm.n~ date. No minimum service is required. A ,permanent employeo working ovar 1,040 hours per year mus1: participate. 'l'empor~u:y employees are not eligible 1:0 parti- c:.f,pate in RACE Retirement .Plan. · Social security is not a retiremen~ benefit and shall, not ~e paid ~y the Housing Authority ot the City of Encini~as. Part D: Deferred Compensation A defert~ed oompensa~ion plan is _available to all permanent employe-.:5 on a VOluntary basis. ' Pari: 2: Creei't Union ~he Housinq AUthority ot the City of Encinitas participates in the San Diego Coun~y Credit Onion (eDCCU). Employe~s participa- tion in SDecu programs is completely voluntary. Informa1:ion r_qardinq membership can be obtained from the HACE'Accountin<< De- partment. . Part F: Wo:'Jc Expense Payment All employee claims for reimbursement for allowable exPenses and milea~.(mileag. rata to be set by the HACE Board of Commission- ers) shall De filed with the RACE Finance and Accounting Uepart- ment within a reasonable period (fifteen days as a quide follow- ing the date which suoh expenses are incurred. For detailed ' information regardinq allowable expenses, consult the Travel, Conference, and Seminar POlicy, which is found in Appendix J. Oui:-af-state travel must be approved by the HACE Board. It out- ot-s~~te travel is approved, i~ shall include round-trip touris~ air fare and allowable expenses, including registration. OVer- ni9h~ in-state travel requires Executive Director approval. In-state travel no~ requiring overnight consideration is subjec~ . to management approval. Part G: Tuition Reimburseme~t Any permanent: en.ployee workinq 20 hours a week or more who, in order to imprcve his/her work p~rformance, takes unde~9racluClte or graduate courses which have a direot beneficial relationship to his/he~ work, may receive a refund in the a~?unt of up to 100% of 2,' U222-12 'I;j~ '-, r- f". , . , . \.. ,."" .' rJ .,....... . : ) '-" . ~.......'.., , , \J . . . tuition upon aubmisuion of evidence of sUccessful completion of such courses. An employee desiring to take advantaqe of this traininq'proqram must have the cours~ work approved by his/her $upervisor prior ~o enrollment. Factors upon which an employee's eliqibility depends include the past york record of the employee, his/her performance ratings, length of service, the relevancy of the course work to the poei~ion, the status of the educational institute and the availability of funds. . -, . '\' , , , ' . " ' .' Course. not required by the Departmen~ Head must be completed during non-working hours, unless approval is receiveCl trom'the Department Head. If special approval is granted, the e.ployee must take his/her own time to make up the time within the same payroll periog. The Department Head has the authority to make ~e final determination as to which alternative will be used. zt t:h.e employee separate. from employment within six (6) months after reimburs.men~ for courses not mandated by his/her Depart- ~ent Head, the .~ployee concerned shall make full res~itut1on of all RACE 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: R!SIGNATION/T3RMINATION AND LAY-OFFS Part.A: Resigna~ion/Terminati9n It an employee wishes ~o rssign from RACE serTice, the emploYge shall submit: his/h2r written resignation to tita Department.Head. Toreeign in good standinq, the employeo must qive at least (14) days no~ice (excluding time taken off tor vacation) of his/her intention. Failure to 9ive required notice is qrounds for forfeiture of severance benefits as described in the following paragraph. All employees who retire or whose employment is ~erminated shall be en~itled to payment 'for accumulated vaca~ion time not to exceed 26 daya for e.ployees with 1-3 years of service or 35 gays for ~ployees with 4 or mora years of service and one-halt (1/2) of all unused sick leave no~ to exceed fifty (50) days paid. The4efore, an employeR would need to 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 ~he decedent's survivin9 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 es~ate. Pay shall include one-half accumulated sick le3ve not to exceed (50) days, accumulated vacation pay, and all wages earned but not rocaived by a deceased employee. 21 V222.12 tf ;.'7 .... ,~ " ~:'~,,'~','-'.. t-!,..., . -..;." \J ~ . Part: 8: Lay-otfs Thetollowin9 procedu~e shall apply should the need to reduce statt size become necessary for reason of curtailment of work or lack ot funds as determined by the Department Head with approval by the Executive Director. within each .~.partment and within each classification selected tor reduction in torce, initial probationary permanent part-time, initial rrobaeionary tull-~im., permanent part-time, and full time employees shall be seleeted for separation in that order. People, w1th1n eaoh class!fication, will be sele~ted for.separa- tion on the basis of length ot continuous service with the agency, with the least senior parson selected first tor separa- tion. People so seleoted fo~ laY-Off shall be given at least a fourteen (14) calendar day writ~en notice of such decision prior to separation. , Person. selocted tor separation by this process shall be placed on unpaid personal leave of absence status' tor a perJod not ~o exceed twentY-four (24) mont:hc. The employee on lay~o~t status shall pay tor benefits they wish to maintain CHACE pension, vOluntaxy contributions or helll th benett ts - st:art:ing 1:he JIlonth tOllowinq lay-off), exoept Long Term DiSability which is paid by ,the RACE during lay-ott. The life insurance benefit is no~ available while on laY-Off status. An employee on, lay-off must Officially terminato to oollect their pension and will lose the laY-Off status at time of termination. Recall shall be on ~e basis of length of continuous service with the HACE as compared among those on laY-Off status for a parti- cular classitication. The person with the greatest total length ot ecntinuous service shall be recalled tirst. Notice of recall, indicating posi~ion, 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 ~he employee fail to report, the open position will then be offered to the next person on the recall list following the procedure explained above. SECT:[ON IX: nISCIPLINARY ACTION AND CAOSES FOR IMMEDIATB DIS- MiS$AL Part. A: DiSCiplinary Action For any employee who has successfully completed his/her proba- tionary periOd, disciplinary action tor minor rule infractions, incompetency, or ine~ficiency in the performance of employment- related duties shall be carried out as follows: Step 1: Warninq Notice 22 \1222.12 7'-so -. Any .mploy~e who has successfully completed his/her probationary pe~iQd shall be Bubject to immediate dismissal by the employee's suporvJ.sor, without the necessi.ty of compliance with the disc:i- plinary action provisions set forth in Sub3ection A above, for any of the fOllowing reaSOhS: 1. Under the influence of aloohol or any other non-prescribed drugs or prohibited substanoe while on duty. . '~ 2. Willful m:i.sconduct other than minor rule violations. 3. Insubordination. 4. Carelessness and neqliqence in the handling or control of 'Housing Au:thori1:y of 'the City of Encinit~s property or the appropriation of Hous1nq AU~lority of the city of Encinitas property for his/her own use without aaequate payment therefore. 5. Acceptance of a gift under circumstanoes from which i:t coulc1 bo inrerred that the qiver expected or hoped for preferable or favored ~reatment in an official or department matter. 6; Absence from duty withou~ just cause for three or more days. 7. Proven dishonesty in performance ot du~ies. 8. Prohibited political activi~y purGuant to Section II, Part C of this Policy Manual. '} ~ o '. .' Written wanlinq of a decision by an employee,s su~ervisor of the occurrence at minor rule infractions, incompotency, or ineffi- ciency shall be issued to said employee. such notice shall be d.livered to ~he employee and placed in the employee'o personnel fila. This warning notice shall remain in effect for a period of six (6) months trom the date of its issuance. Ster 21 Dismissal within the eix (6) month period that the warning notice is in effect, the commission ot a sUbsequent .inor rule in traction or the failure on ~. part of the employee to correot the lncompe~ tency or ineffiaiency by the end of the six month period shall be caus~ tor dismissal O~ demotion or salary reduction as recom- mended by superv~sor and approved by the Executiv~ Di~ector. Part B: Causes for Immediate D1s~issal . ,. Failure to submit to a medical examination, or tailure to meet necessary minimum medical standardl~ of physical fitness. Written no~ice of the dismissal shall be given t~ the employee by ~ho department head setting forth the reasons for the dismi3sal. 23 \1222-12 1~)1 ~. . '''.', } An employeQ who h~~ been terminated in accordance with this eecti')n may upon retqt:est, have the disr..issal reviewed by the Bxecutive Dirooto~. All dooumentation pertaining to disoiplinary aotion ~nd dismissal procoedi09B ahall be entero~ in the amployoe'a personnol file. '/-,32, -., SECTION X: GRlEVANCE PROCEDURE The tollowinq qrievanoo procedure is avai18b~G to any amployae who has an employmentwrel~ted complaint and/or feels that hi$/her oivil ri9hts have be.n violated. step One ~h. aggrieVed person ~ust pres.nt ~. w~itton complaint on ~l. official IIaua1ng Authority at the city ::>t Enotnitas grievanoe ~.port fot1l to hiS/her supervisor within tiv~ (5) Clays ot the oco~renoe of the act, event, or omission constituting the alleged grlevance. If the emP10ree fails to comply with this 8eotion, h. or she shall w~ive h s/her grievance ~i9btB under 1:hie Section (X). Upon receipt. of the said.cnDlplaint, the .anQger shall re.pond in writinq within five (5) w~rk!ng days. Such response shall set to~b the supe%visor's proposed remedy to the complaint or his deniel of a remedy and his rea eons there- to::.. '~J step 'tWo It tho employ.. teels the qri evano 8 :l.s not reeolved by step 011., he/she.sh411 have the right to demkna in writ:inq a hea3:'ing bafo):. the Executive Director. It no written demand for a hearinq is. " receive4by the Exeoutive Director within five (5) working days' following the supervisor's written response, the employee waives his/her right to a hearinq before the Executive Director. The Executive Director shall give the employ.. writton !It:,ticE,, ot time and place ot hearing. A wri~ten record shall he kept of all such prOdGodings, and written, findings of the !xeoutive Director shall be issu.d to both the employee and the supervisor. st.ep Three Both the ~mployee and the supervisor shall have the right to appeal the deoision made by the Executive,01rector a,t the hearing under St.p TWo to the Housinq Authority of the City of Encinitas Board of Commissioners within ten (10) workings of such decis1Qn. Tb.e Housing' Auth~rlty of the City of Enc1ni'tas Board shall limit its scope of review to the record of such hearinq. "1 '. I ! ", - '- ,3 A oopy ot the otticial Housing Authority ot the city of Encinitas Grievanoe Report Form is on the fOllowing page. . 24 ",22.12 . anIEVANCE ne~ORT F-HPLOYEI:: NAHE:. DAT~ - GRIEVANCE OCCURN2D:_ --.. ,~ I'~ Specific at1tailed ct:at;oinont of gr:-.uvano., incluaing other employees involved Qt' c:omparl!ll1 co, deacriptlon ot casual event, and cPtlaoquenoos 0 f tho avant: . __ ""'"'- '! ._. -.w-e ... - ...--- . ~ _AtI ... - -- ~--..,... ~- ... - Inte~rlltation, in detail, of the terms of the Housing Authority of the City ot Encinitas Personnel Policy and Procedur~s Manual and/or the ~ttirmative Action Policy violated and claimea in support of the grievance: \ ' __... .1 .- -- ~, ~, - - ~''-' -. .. -.-r,- -- --- - The reme4y which would redress the grievancel - - ""'.-~ . . Dispo~ition of grievance: - - - OL.. SIGNA'l'URES Grieved Employee(s): - I)a te : ...." o ~ -- ,- Date:_ -- 2' "1.22-12 " Ii '131 - fJ ...... ... ':~:) '0"-, \". APPENDIX A POLICY 011 PERSONNEL PLAN CHANGES ThQ Hou~in9 AuthQrity ot the City at Enoinitao Doard will usa tho following c~1teria in ovaluatinq whether to make chan98s1 Jr.od~.t.1ca'Ciona to the Housing ~ut\ol"ity of tho City ot Encinitaa Personnel Policy Plan. 1. The City of Enoinitas .P~rsonnal Policy Plan will be used as a guide to~ dete~inin9 whather changes should be made. 2. a. The extent to whioh any p~oposed oh~nqe adq~eS8eQ a lack ot comparability ~hat exists between Hous!nq Authority of the CiFY of Encinitaa POlicies and that of othe~ Rousing Authorities1 b. or.~h. extent that the propo..~chan9. 8dd~....8 a Personnel POlioy issue that is not presently covered by the Housinq Authority of the City of Enoinitas Personnel POlicy. 3. In det~rmin1n9 whether to make Personnel POlicy chanqea to the Houeing AUthority of the city af Encinitas Board will c:arefully..raview the economio impaot on the proposed change t)n the Housing Authority of the city of Encinit5s hudqet. . 4. The Housinq Authority or. t:hft C11:y or Enolnitas Board will review non-urgent Personnel Policy ohanqs8 annually at bUdget ti.c. Urgent Personnel Policy items related to statutory ohanges will be addressed by the Housing Authority ot the city Qf Enoini- tau Board as aoon as feasible. A.' U22Z.1Z tf3f I -, ) " ~) ..:J APPENDIX B It AFFIRMATIVE ACTION PROGRAM Dissemination ot Infol:mation A. The llouaing Authorit.y ot the city ot Encinitao PotttlQnne'. Polioies and Procedures Manual i~clu~eu this pro9ram as Appftndix B. 9, Referenoeo to EEO Bullotins (2qual Employment oppo~tunity) and changes in the Affirmative Action Progr~m will be highlighted in any City employee bulletins, and on a p$~son to person basis. C. All new employ... are indoot~inat.d with their rights and reDponoib11ities regarding the Affirmat.ive Action Program. D. A oopy ot the Perponnel POlicy and ~.oceaQras Manual contain- ing .a Appendix B, ~ copy of this Attirmltive Action Program will be available in the Administrative office and a copy of each required Squal Employment poster, will be posted and maintained on .~ah bulletin board or space reserved and marked aa a RACE Employment Info~mDtion Cencer for perusal by employees and tho general ~,ubl 10. I. An appropriate "Nondisorimination" clause will' be negot:iated into any labor agreements wi~h organized employees. P. The wot'ds "An Equal opportunity Employer" and/or "An Affirma- tive Action Employer" will appear on all invoices, contracts, lea..., stationery, employment aavertisinq, etc., of the Houslnq Authority. G. All contract:s shall ~~qu1re contraotors, subcontractors, and vendors to state that the oontractnr, Subcontractor, or vendor fully intends to comply with the standards of Equal Employment ana Anti-discrimination as cited in the civil Rights Act of 1964, as amended by the ~qual Employment opportunity Aot of 1972. The Housinq Authority of the City of Enoinitas 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 RACE'S Affirmative Action Requirements, the contract. may be awar~ed to the next lowest Didder with the same procedure applyi:nq. 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 manaqers in their Affirmative Action responsibilities. 0-1 "222-12 lf35' -. ') '~ '- ,:) II. necruitment and Hlrin9 A. Tho Housinq Autho~ity of thG City of Encin1tas will proceed to develop eftective ~.cru1ting sources of woman and minoritieB. Intorm~t1on will be solioited trom WQmen and minority applicants to determine recruiting SOurceD. Compiled information will be revleWQd on a regular basis to determine reoruiting souroe Qffeativ.n.... The HACE will davelop and maintain good wQrking relationuhipa with effective ~eoru1tinq sources, B. All notices o~ any po~ition vacanQY in tho Houain9 Authority of the City ot 2nclnitas or9anization, inclu~1ng nawly created position., .hall be popted an the MACE Employment Information bulletin .paces tor a period Of no~ l..s than ten (10) working days. Each pOlting shall inQlude the position, title, salary, statement of duties, minimum requireg qualification., in8tru~- tiQns tor makinq application, and tiwe deadlines tor making application. All Board-approved, tUll-ti.e poait1ons whioh are ~acat.d by r..i9na~ion or otha~ reasons and all neWly created position. .hall b. made available to applicants in the following Qrdar. 1. Any existing qualified full-time HACE employee. 2. All other. c. All emplo~8n~ screening shall, utilizo only those emplo~~nt teats which aotuallY predlc~ objective and measurable oriteuia of pertormance. The Housing;A~thority of ~he City of Enoinitas will ueilize only those tests ~hich are valid and correlate with the critoria of pertorm~noe. Uniform grading standards shall be applied to eacn individual exam. Like tests shall Ld adminis- tered under l~ke conditions. D. Prior to pos~in9, thedeaoripeions and qualifications for each position will be closely examined to determine the extent that the oxiating descriptions and qualifications present artifi- cial barriers to employment in the position. Postedqual1tica- -ti"ns will be the minimum required for satisfactory performar,lce in the position. E. Employment application forms will includ9 job-related ques- t.ions only. P. '!'he Housing' Authority'; of the City of Encinitas shall notify all applicants who particLpate in 1:estinq or employment inter- views if they are not sel.aotecl for elllploymen1:. Such applioations will ba re1:urned to the 8t:tive applicatio~ file for oonsideration in sUbsequ&nt screeninq tor similar position vacancies. A record will be maintained of such applica~ions tor use by the Adminis- tration Department in determining any illegal discriminatory patterns in employment. '-2 \1222-12 'fJ' '. ~) ~-.) ~... .:J I 'II\ ' ;1 IIX. Employee Retention A. A 9~iovance p~ooadur. is availAble to any employ.. who haM an employ.ont-relatod co~plaint and/or toels that his/her civil rights havQ boen violated. 8. All fu11-timo employees who are ttrminated or who roa1qn their posittons shall be given an opportunity to partioipate in an ~x1u interview with the Attit~ative Aotion Ort1c.r to prov14. an opportunity tor employ.. expression ot the reason for resigna- tion or termination. All exit interviews shall determine employee views with regar4 to execu~iQn of. the Affirmative Actian Policy, A record ot oomplaintB filed will be .aintain~d to enable d.t.1~ination ot Improper praotice under this polioy. C. All d1so:Lpllnary ~ot.1on, 8uspe"sion, and di.mi..al will b. o~rried out pursuant to the Personnel Policy and Procedures Manual. D. All perfo~anae appraisals will r$tleat aotual performance on the job. All pe~to~ance ~pprai8als shall be in wri~in9, -hall be reviewed with the employee, and made part of the employee personnel tile. An employee claiming discriminatory praotioe in performance appraisal may appeal through the grievanoe prooedu~e as set forth in Section III, Part A, ot the Aftirmative Action Program. E. A jOb desa~iption shall be established for each full-ti.e position and shall be reviewed by the Board prior to authoriza- tion to staft the position. Each position description shall include the tollowinq componen~s: Ti~le, Department, Chain of command, Location, Salary Range, Date position description estab- lished or revieed, General statement ot position Objectives, Specific statement,ot Position Duties and :Responsibilities and Specific statement ot qualifications required to perform duties and responsibilities. Job descriptions shall be maintained on tile in the Administration Department. IV. Training and Upward Mobility It is the intention of the Hous!nq Authority ot ~he city of Encinitas to analyze, describe and evaluate each posi.tion. ;,.When the associated minimum job skill requirements for each position have been adeQU~tely describecl,\each position will be exaliJ.nedto determine relationships in required skills with other positions. These positions related by similarity in required skills but at dittere.lt. levels of responsibility will be linked by career lec1- ders. Career ladders define the additional educational and skill requirements necessary to qualify for promotion to higher levels of reapons1bility in related skill areas. The HACE will develop a pnlicy to encourage em~loyees to develop specific qualifica- tions for higher levels of responsibiJ,ity. Women and minorities 0.1 \1222.12 '137 -, '-'J '. ..,.11 ,J j',~ '(0 I' ',I ... " , ff . will b.>.peo1tioally encouruqad to participate in such clavelap- ment pro9~am&.. they Ara developed. Such program. may inolude On tho Job TX'aininq, &1peoial in-hou.. instructional cl....u, and speQifloally defined extornal clAssroom training whun doe..d approp~iatG to the aoquisition of specifio skills. V. P4ruonnel utilization In exooution ot this Affirmative Action proqram, tho Affirmative Aotio" Committ.. will monito~ job classifications jOb applica- tions, !:'t'omotlona and tranpt(u:s, disciplinary aotIons and t81:11\!" nation.. VI. Ooa1.s It 1u tht' int.ntion ot the Houniny Authority of the City of Inoinit." to taJte Affit:mlt1ve A,ct on 6nd aohieve goals tor the inQ~....d ..plo~ent ot woman and .inoritiea in po.1tion8 of 1ncr....ct .alary and responsibiJ.1 ty . '1'0 this end external availabilit.y information will be dev.loped and used to guide ~fl1rm.tiv. hiring practio... " 1-4 . V222'12 f-3i ,J.r ' " .,/ _. ") . ......... "~ ~~J APPENDIX C JOB EVALUATION APPEAL ~ROCBDUnE 1. ACCESS TO APPEAL PROCEDURE A. Job evaluation deoisions m~de by tho Job EvaluAtion Cnmmit- tee may bo appealed as noted in the prooe~tl1r. outlined in Section IX. B. It appalled, the r.-eyaluation deaiaion made by the Commit- toe ,hAll bo final. Based on the Co~1tte.'. re-ovaluation, the Exeout1v~ Director has threo options: 1. to place the jOb 1n a higher grade, 2. to P~.c. the jab in a lower gradel or 3. 'to ~8t.in the job 'in the .ame grade. C. ' A ~e-.valuation resulting from an appeal will b. made on the b..is ot exi.ting ~ecord, consiating of: 1. the current job d..o~ipt1on, a. an optional 8upplementary memo, specifio to the clarifica- tion or elaboration of information contained in the job desorip- tion, and 3. the written re8pons8s ot the Depft~tment Hand and Executive Director in steps a and 3. D. It a new :lob is created orther.. is a reassignment ot job duties and a jab is subscantially changed in cQn~ent, a new jab d.Gc~iption 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 o~9anization structure. . , %I. PROCBDURE AND FINAL DECISION A. steps are 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. Writt&n 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-votinq Chairperson of the Job Evaluation Committee within 10 work days. The Cbai~erson, upon reoeiving the appeal, shall arrange for a meeting of the Committee. The Committee will re-evaluate the job within 15 work days ot receipt at the appeal by the Cbairperson. C.1 . V222.12 '13? -. () .............-'" , Q. Th. COJUaJ.tt...t. r.-ovaluation decia1o':l sh~ll b. tin"l and ,\_hall. aonatit:\\te the AgonQY's finol position. !, 'c. Job ~valu.tions cannot be appeuled through the personn.l Complaint Procodure. . 'Ifo ..... t " l~:) .,~ .~ coa 1.1222.12 ;;' ": J "") .......... ,:) . . APPENDIX D NITI-SEXUAL HARASSMENT POLICY The Housing Authority ot the city ot Encinita8 (llACE) h". an I\ff1nat:iv8 obligation to Jceep the work place free ot aewal hL4l:elso11lent. ThJs ob'.iCjAt1on extends not only to claims brought to its attention by an employee, but also to matters of which it ahould be aware. It is the obligation ot thQ Executive Direotor and Department Head. to itlsure that sa.xual hara..ment dOGS not oacut' in the workplace. The inv..tlgation of al~ auoh complaints, tiled under this Polioy ahall be perto~.4 by the city ot Enoinit~G Employee Rola~ion8 D.p.rt~ent on behalf of The Hou.ing Authority of the Oity at Inoinita.. .,.11 HACE .taft involved in any such inv.sti.. . ;at1on must cooperate tUlly with this D.pa~tment, The Equal opportunity commiasion has defined ..xual harassment aliI "UnweJ.oo.. ..xual advanc.., requests tor sexual favor., and othar verbal or physical oonduct of a sexual harassment when: (1) Sub.i..ion to ouch oonduct is made eithar explicitly or i.plici~ly a term or condition of an individual's employment; . (2) Submi...ion t.o or rejeotiors at suoh oonduct by individual is used as the baais tor employment decisions aftect1nq such indi- vidual, or , (3) Such conduct has the purp~.e or effect of unreasonably intertering with an individual's work performance or creating an intim1d~'tin9, hostile, or off~nsive wurkinq environment." Examples of such behavior as desoribed above inolude: -Verbal h~rassment or abuse (perhaps in guise ot humor). -SUbtle pres~ure lor sexual activities. -Remarks about a worker's Clothing, body, or eexual activities. -Tcuobing, pat~inq or pinching. -Leering or ogling ot 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 viet!. ot sexual harassmen~ should immediatelY notify his or her supervisor of the remarks or conduct which the employee believes to be sexual hara8omen~. Should a victim ot sexual barassment have a complaint against hiS/her supervisor, then the notitication shall b. to the Executive Direct~r, or the Housing Authority Board ot 0-1 "'..22-12 tfw ~ , - ~,--';':';~ . '. o .',~,'"',,'"',,,,' ',I" ~.~;~ ....,.:". ,1,' CommtsQionero in the event the complaint 10 lOdged aqainst the Executive Director. . The vict1111 shOUld state witl1. specitJ.cJ.tyt:l1e conten1:s oCthe re~urk. or other actiQn Which conat1tutesth. Qllaqed sexual hal'~GlJ..ent. The lDllnag.n: shall then intorll1 .the. Exeuuti Ve Oit't"c- ~cu:. ,who sl\a11 to!:war4 the complaint 1:0 the Bnoin:!. tas City Emploree.Relati~ns D$~ar,tm.nt tor investigation. Any complaints Qoncerninq sexuA1 harassment w!11 b. handled in strict confidenc$ with those involved, Which may inclUde the Victim, alleged per- pet~ator and supervisors, .V101ation ot this oonfidentiality requir..ent lIay result in personal liability and/or disciplinary action, inOluding dismissal, Thia poliCY is not an exclusive remedy and nothing in this POlicy i. ..ant to eliacourage an employ.. who feels he/she has been . harassed or discriminated against from pursuing any other legal re.."y. D.2 f;22a.12 f-7'P~ -~ - "-, I , .' It , :') APPENDIX E RESERVED . ::) o e.1 "U~'12 " 'IJ/3 - .,'",11 'I~\ tr~ ie, <D APPENDIX F FLEXITIHE GUIDELINES ~ ~ ., I ,I, (TO be determined) . . .t.. "1 "222.12 ,.'...) '.. 0,....,-.' .5" . ." . , , 9-W ) ..........Ill ".-) "- <) - APPENDIX G EMERGENCY CLOSING POLICY TheretQre, this policy provid~e for centralized report~nq of o~er9.n~y conditions to too Executive Director. The Executive Director ot' his designee ahall hay"~ the au.... .o.'it~' to doolare an emerqenoy condition. Def!ni1:ion: An emergency condition may-bOI A. A f~ll city-Wide e~erg.ncy oondition that could potentially causa harm to the health and/o~ safety ot all HouBing Authority of tho City of Enoinitas emploYftoa. Housinq Autbori~y of the city of Enainitas OFFICES MUST REMAIN OPEN ANt') Ol)EnA'1'INO WITH FULL SERVICES IF AT ALL POSSIBLE. The Executive Director is responsible fo" informin9 Depart.ant Ho~d. ot any citY-Wide emergency condition that may potl'-ntially be hazar4ou8 to employeos. Department Heads have ~he authority to releas. G~ploy..a wt~hout pay (or by using vaoation time ot' comp.nsatol1f time~ ~hen the employee ,deems his/her safety is in jeopardy and,as long as the Qe~artmGn~ is able to continue to ' function. ',ens Executive ni.~'ec:tor may offioially declare an emergency Closing, llccot'diuq to the oonditions defined above, and releasG HACE employees according to the followin~~ ' A. City-Wide Emergency Conditions: 1. The Executive Di~:e~,:tor shall not:ity Department Heilds of any emerqency'closing, authorizing the release of amployo8s. Th~ Department Head shall determine which employees are deemed essential to remain at: work. 2. Employees will be released with pay and will not be required to maka up the time. 3. Employees who do not report fox' work have the option of being paid by usinq vaca~ion, compensatory time or unpaid leave tor the hours n~)t worked before an em1argency closing was offi- cially declared. 4. Employees and ~he general public may be advised not to leave the premises beCause of em~rgen~y conditions continuing after regular working hours. Remaining on the premises after hours will not entitle employees to overtime oompensation Qr compensa- '-1 V2U.12 '14S~ .' -. . . . ':~'i... 'IV, " " ,- 1.', ' .i~'" . tory ~ime oft at i'a later' date uniQs~ they remain at work because , 1:hey art~ requir'ed by Department,; Head direction t.o f!lss!st durinq;, i'. . the em.~qlQnay. ~i tuation. . , .-,).,' ,'\' ,... ' ..,' 5. A1'\";:employee on sick leave or vacation status a1: '. a time of emergencyalosinq will not be affected and will have his/her sick leav6'or vacation account oharged accorainqly. 6. Part-time employees who were scheduled to work will be treated in the same manner as full-time employees on this iSD~e. (Hours paid will not exceed scheduled numbtlr ot! work hOurs.) :, 7. Etnployees who are no't able to reiort to work when the office is open, may, ae their supervisor's d saretion, make up the lost hours within a reasonable period of tima. . .' , ::) ~ ;,........, \~) 0.2 \1222-12 ~r, .. - - ,; ~) .~...~ APPENDIX II CONFIDENTIALITY OF HOUSING AUTHORITY INFORMATION c::) The purpose of this article is to give explicit direction to the employees of the Authority so tha~ they will protoct the privacy and'confident:ialit:y ot the tenant$ and employees of the Authority in a~coraance witbappli~able federal and state laws. It 1s the polioy ot this Authority ':~o prevent: unwarranted in"asiona of ~he privacy of any individual who has applied to be a tenant: or employee or is currently a tenant or employee of this Authority, The protection of the privacy of ~aid individuals must, however, be balanced with the duties of the Authority to comply ~i~l the pUblic disclosure laws of the state of California. A. j)ocauulIl.ts. Reco;ds O~. The tollowinq documents, recor4s and files are confidential and shall not be disclo5ed by any employe. of the authority: (Citations ot the california Seatutes which authorize confidentiality follow each description) , 1. All applications for eligibility and occupanoy which are submitte4 by prospective or current tenants of the Authoriey. (Keal~ and S~fety Code !34332 (e)) 2. parsonnel, medical or si~ilar tiles, the disclosure of which would constitute an unwarranted invasion ot personal privacy. (Covernment Code 16254 (0)) ~. preliminary drafts, notes, or inter-agency or intra-agenoy m.mo~anda which are not usually reeained by the Authority in the ordinary course of business. (Government Coae '6254 (a)) o . 4. aeco2:ds ot complaints or invest.igAtions conc1ucted by any law en~orcament or i,~vestigation agency, (Government Coca 16254 (t)) s. The contents of real estate appraisals or engineerinq or feasibility estimates alia evaluatiorasmade for or by the Authori- ty relative to the acquisition Qf property, or to prospective pUblic supply and const~uction contracts. (Government Code 36254 (h) ) 6. , All records which are prohibited from being d!sclos~d by provisions ot federal or state law including matters which are prJ..,i18ged s\tch as confidential corrununications between tho Authority and its attorneys. (Government Code 16254 (k) and Government Code 16254.25) 7. statements of personal worth or paraonal financial data required by the Authority and filed by an applicant with the Authority to establish hiG or her personal qualifications for the "-1 wazz.,2 '1~ .... tj J ":) " ',\ ,:1, 'oertificate, voucher, contract or any other permission applied for. (Government code ~6254 (n)) B. All records, '0: 1:he Authority related to act1vitios which reveal the Al1thori1:y's deliberative processes, impressions, evaluations, opinions, recommendations, meetinq minutes, re- sQar~h, work products, theoriea or strategies, or which provide instruction, advice or traininq to employees who do not have full collective barga!ninq and representation rights. (Government Code '6~54.3)) . . , 9. All records of the Authority which reveal any portion of its ne9otia~ion with providers of health care services. (Govornment Coda 06254 (q)) 10. The home addresses and home telaphone numbers of employees of the Authority, except that disclosure of this intormation may be maae as folloWB& (1) to an agent or fatnily member of the individual to \-/hom the information pertains. (11) to an officer or employee of a state agency or departmen~ of tbe City, when necessary for the performance of his/her official duties. (iii) to an employee o~9anization pursuan~ to regulations adopt$d by the pUblic employeQr. retirement system. (iv) to an agen1: or employ.. of a healtb benetit plan providinq hG~ltb servic.. fa~ administering claims tor health services to e~~loyees of the Authority and thei~ enrolled dependents, for the ~urpose of providin9 health services and tor administering claims for said employees and their dependents. Upon wri~ten request of any employee, the Authority shall not disclose the employeets home address or home telephone number pursuant to paragraph (iii) above, and the Authority shall remove the employeets ho.e address and ~elephone number from any mailing list maintainad by the Aut14ority, ex'~ept used excluGively by the Authority to contact its employees. All requests far information oontained in the recor~s ~"d files of the Authoritr shall immediately be roferrod to the Office of the Executive D reotor for r.sp~nse. If the request is made by a federal agenoy and the request is for a record Which is confidontlal pursuant to this pOlicy or Cali- tornia state Law, than the Executive Director shall require the Pedaral Agenoy ~o agree in writinq to co~ply ~ith 66250 16265 ot tho Government Code ot the State of California. (Government Code 56254.5) "-2 \1222- 12 'If~ " o '.~ oj' fj~'~ .J w - ;J._ , ,; . . . . , . " ";,,'. "~;'~f~~:'~"'~;ij&t"";':.":'"d:,,;::i-/;"~:/i...',:,, ,." ':.',;TI The Executive',Direct:'ijr',',sl1all. ,d~termlne:,within ten:,(lO)- d~ys after the receipt of:i;a.i~r.que~t:, ,for in'forma tion, whet,her, ~o ,c::~mply' with the raquest,.,.JU'cl~shall i1llJi1ediately notify the person makinq the request"ot;,such',;'determi.nation',and the re~sons ,the,refor. ,If the Executive. Directo'r'determines,.that, he/she needs;.. leqald interpre- tation to,;detebnine "':"'Whether the. request is covet"ed by, '*he cOllti- dentiality"rules hereinabove 'stated., , t:henthe Executive\Director, she~l give written A9ti~e to the parson makinqthe request stating that 1~he request has been: referred'to legalcoun.lel tor det:ermination and shall state that the detarminationwill be made on or before the 20th daY',fi:er the request was received. If it is decided tha~ ~he records are confidential ana will not be . disclosed, a n01:il!icationof<denial to the person making the' requ.s~ shall contain the 'names and ~itles of all people involved in making the decision denying the request. It. shall be grounds for denial o,f a request for intormat:ion from the recorde ot the authority that th~ r.ques~ does not reasonably describe an identifiable r~cord or information to be produced therefrom. (Government Code 86256, G6256,1, and fi6256.2) I , I , I t ~ " i " It a ,.request with respect to public reoords of the A'I.1thorityis reoeived which reasonably desoribes and identifiable record or , information ,to be produced therefrom and which :equest does not involve records which are heretofore described as confidential, the Execu~ive Direotor shall make ~e records prQ~,tly available to the person requesting same tor inspection or shall make copies available upon payment of fees covering direct costs of duplica- elan. Said fees shall be established by the Executive Direotor and the tee charqed shall be the tee in ~xistGnce when the request is received. Inspeoti.on of the records ehallt.ake place durin9 normal office hours of the Authority. (Governmen~ Code 16257) ~e c~2t:~~~s~~~r!~~f~~~~P~;~~s~~K~~~ry~~a::l~;_ ... learn a 9rea~ dftal of information about other employees and ~.nants ot the Authority through th~ normal performanoe of an employ..'s duties. Much of this information, ifdisolosed, would conat.1tute an unwarranted invasion of personal privacy. Every individual has a right to be protected from an unwarranted invasion of personal privacy. However, no inqiv!dunl has the right to ~a protected in th~ pe~formance of activities whioh are criminal, dangerous ~\~ 'cles'tt'\iotive. En\ployeeu shall report to the Executive Directo~ or his designee any knowledge which they possess reqar~i~9 criminal, dangerous ~~ destructive ac~ivity on the part of.:tenants or other employecas. Employees are directG.d to ret~se ii~~.\,~1ews with news r6pot-ters, other employees ,agents o( locl\l.s~a.,te or federal government or any other person without fltu" co~~t\ct1nq the EX60utive Director or his or her designee for determination of whet:her the information sought tt/ould oonsti- tute an Unwarranted invaslion of pJ:ivacy of n tenant or employee of the A\\thor i ty . tf-3 "222-12 t.f ..Ill '. . ~! ~ . ~ ':,~' ,..", . ~. ~ i -~~"i '" .. , . . '. . ~ ;, ~ , " ' ,<" \ ."; , , ,',C " , The':'california Informational Pract!oe.\atcif" 1977, Civil Ooele 91798.53 provides that.any individual whod1scloses p~rsonal .infot'mation trom AuthoritY' reQords or recor~s maintained by the Federal Government is liable for a $25,000 tine plus costs, at~orne~s tee~ and any damages tor the invasien ot privacy whieh results therefrom. The Exeoutive D!~eotor shall direct employees to refuse to give information (which is no~ con~ained in Authority ~ecords) if all of the tollowinq conditions arA true: 1. The employee learned the information solely through perfor- mance ot his/he~ duties as an employee of the Authority; and 2. The information sought is a~ou~ an individual or individuals who are tenants or employees of the Authority; and 3. The inforJuation 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. - - '1-00 -.. ~, "', '.,-~) ',,:3 H-' W222-12 'tJ '" ." APPENDIX .I ~ON~~~CT O~MTEREST CODE OF Tim HOUSiNG AQTHORITY OF TJlE ct~y OF ENCINITA~ ') '.....~ , . . ~ . ,"". ';',' . SECTION..!~', ~P..9~'F4. Pursuan1: "to the p2..ov~slons, of Governmen'tC~d":h:'1 87300, ~'t _~6.\q., .tW .. "to 't ~:l:y of ~riitQs . hereby adopts. the followinq Con.f11ct of Int:er- est. Code (Conflicts Coda) .;(This, Conflict of Interest ~ode shall be 1noo~orated into the Per~onnel Rules'and Regulations ot t:ll& Housing Authority pursu~nt,tp;Health and Safety Code I 34278. It is in~ended that. the prov~sions of this code conform to the greatest extent possible wi~h the provisiotls of the city's Con~l!ct of Interest Code and that compliance by any city employ~ e8 with the more restrictive of the ~wo codes shall SUffice as compliance with this Confliot of Interest Code. DUplicate filings shall not be required. . , \ ", "~ . ',' ,',. ',"'. . . . Nothing' contained herein 'is intended to modify or abridge ~h.,provi8ions ot the Political Reform Act of 1974 1Government Cocte . 83.000 et seq. "the Act"). 'lhe provisions ot this Con- flicts Code are to effect compliance ~1th Government Code II 87100 - 87500; Health & Satety Code I. 34281, 34328.2 and other laws pertaining to conflicts of interest including the Hatch Act, 18 u.s.o. '595. Except aa otherwise ind1cat~d, the definitions of said Act and regulations adopted pursuant thereto are incorpo- ra~ed herein and this Conflicts Code shall be interpreted in a manner consistent therevith. 'I-sf -. SECTION 2. ( a) Amsnc}mel)1: (1) ~anqed ctrcUlDId:anc;;..es. ,Changed oiroumst.ances include, but ara not limitad to the cr~ation ot new positions which must be desiqnatad for the opera~ion of the Authori~y and relevant changes in the duties a8M signed to existin9 positions. (2) Amend~en~FDue To Ch~naa~rcQmstance~. Within ninety days after the changed circumstai\CeS necGssi tat.. ing the amendment to this Conflicts Code bocome appar-. ent, the Executive Director shall submit a proposed amendment to the City Coun=il. Amendment.a shall be approved' only at regular City Council mee.tiflgs" , D. .....". \ '......) r., \1222.12 ) ",. '0,-,) "'.'"~'. J Cb) 111~.. el) No later than July 1. of each even-numberfld yoaJ;"., the Board of CommissioJle~s of the Author! ty shall' :':, :: ..": , review this Conflicts Code. t (2) If a change in this Conflicts Code is necessi~~tid by changed circumstances, it shall be amended pursuant to sUbsection (a) of this section. . . . (3) If no chanqe in this Conflicts Code is required, the Executive Direc~or shall submit a written statement to that effeot to the City Council no later than Octo- ber 1 of the same year. . SEC'l'ION 3. 0 0 . Unless otherwise 1ncliaat.ed, the. Clefinitions o~ the Act, regulat.ions and amendments thereto and binding jUdicial opinions thereon are incorporated herein, and ~his Chapter shall be interpreted in a manner oonsis- tent ~ith such definitions. . . SECTION 4. ,~. , I " Ca) By this reference, the Standard Conflice of Inter~s~', COde, 2 Calf Code ot Reg. I 18730, is incorporated herein. Each amendment thereto duly adopted by the Fair Pulitical: Practice~ ~ommiss!on shall be ~eview.d by the Soard of Comm.:!'iiSsioners to determine whether it shall constitute an am~~dm.n~ to this Conflicts Coda to be effected pursuant to Section (a) ff\lR'tI. , , ' . (b) The Bxeoutive Director shall maintain three copies of the Standard Conflict of Interest Code for the pUblic re- view. SB~TIOU 5. G D . The positions listed: on E:chibit !lA' are designateapositions. Officers and employ..s hold!nq those positions are designated employees and are d..med' t~ ~ake, or participate in the making of, decisions which may foreseeably have a material effeot on a financia1 interest from which they may derive some benefit. SECTION 6. ' . Designated position~ shall be assigned to one or more of the disolosure cateqories set forth on Exhibit "S". Each designated employee and consultant shall file an annual stat.men~ disclosing that employee's inter- est in investments, real property, and income, designated as raportable under the category to which ~he employee's position is assigned on Exhibit "B". SECTION 7. (a) All designated employees required to submit a statement of financial interests shall file the oriq1nal with the .Execn.t,1ve nf.t~g.tnl: at tb.LBou~j.ng Al.lt~. ..2 0/-6.2. V222'1a , , . . , , ..... 1'1) l"~~ i . (b) As allowec:i by Section 87500 (j) ot the GoverntllGnt. Code.~ ., the Execu~iveD1rector of the Authority shall receive and' forward theoriqinal to the Citv Counci~ retaining no copy . , at the Auth~rlty. ' , (0) A designated employee ~equired to submit a statement ot financial interest shall sUbmi~ an initial statement within 30 days after the effective date ot this Conflicts Code. statetnents already on file for a deSignated employee with' regard to his/her job wi~~ the city shall suffice for this initial filing. _ ~. . .~:) Cd) Merit system ~mployees appoint9d, promoted or trans.. tarred to designatp.d positions shall file initial statements witbJn 30 days after date ot such personnel aotion. ep) , All other employees appoin1:ed, promoted or transferred 'c.t''!...des!gnated positions. shall file in! tial stataments not los..thanlo clays hefore assuming office (Qr if sUbject to confirmation, 10 days betore being confirmed) unless an ea~lier assumption of ot~ic. is required by emergency cir~ aumstances, in which case the s~atement shall be filed within 30 days thereafter. (f) Annualsta~ements shall be filed by all designated employe.. dUring the month of February disolosing repo~able investments in business entities, interests in real proper~ ty, and income held or received in the period between the closing d~te of the ~mploy.e's previously tiled statement and January 31. . , (9) Each person who leaves a designated position for a position not specified in Exhibit "Au shall file a leavinq office statement within thirty days after leavinq. Ch) A designated employee required to fila a.sta1:ement of tinanQial int.res~ with any other aqency, which has the same territorial juriSdiotion, may oomply with the provisions of, this Conflicts Cede by filinq a duplicate copy of the state- ment tiled with the other agency, in lieu of an entirely aeparate document. SECTION 8. ~TS OF Il.ISC~OSU8E ST~~gE~. Ca) DisClosure statements shall be made on the appropriate attached forms, and shall contain the fOllowing informations (1) Contents of Investment and Real Property R~portsf When an investm~nt, or an int~rost in real property, is required to be reported, the statement shall contain: (A) A statement ot the nature of the investment or interest; ., --.,) '''''--/ 1-' 'IS) 11222-12 ., ! " . . . ,.~ " ...... (8) The 'name or the business entity in which each investment is held, and a general description ot the business activity in which the business entity is enqaged; (C) The address or other precise location of the real property; ... ..... -.: i: ..... .. (D) Astatemene whether the fair ma~ket value 'of the inveatment,orint:eres1: in real, property,. .. exceeds ten.th~usand dollars ($10,000), arid wheth- er it exceeds one hundred thous~nd dol!ars, ($100,000). :hJ.s infO:t'lllat!o~ I\'!!ild not be D;''i!V.:I.~4!d ntb-r~sp..ct tq 811 ~iite:res!i ~~,~eal~tl;~n?~ ~~ is used prinoi9ai1y as tbe re~~nca Q~e t~. (2) Contents of Personal Income R$ports: When personal income is required to be reported, the statement Sb8l1 contain: ' (A) The name and address ot each source of income agg~eqatinq two hundred and fifty dollars ($250) or more in value, or twentY-five dollars ($25) or' more in value if the income was a q1ft, ana a general d.sorip~ion of the business activity, it anYt of each source; . -) "'--/ , (D) A sta'temene whether the aqgreqa1:e value ot income from each source was greater than one thou- sand dolla~s ($1,000), and whether it was greater than ten thousand dollars ($10,000); (0) A descrip,t1on of the consideration, i~ any, for which the income was received; (D) In the case of a gift, the amount and the date on which the qift was received. (3) Contents of Business Entity Income Reports: When incomo of a bUsiness entity, inoluding income of a sole proprie~orshipl 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; " (8) In the case of a business entity which pro- vides leqal or brokerage services, the name of every person who paid fees to the business entity if tbe filer's pro rata share ot tees from such person was equal to or greater than one thousand dollars ($1,000); (e) In tha oase ot a business entity not C~vered by paraqrllph (2), the hamo of every person trom (:J ~ :-, 7'-sy \1222-12 /.-..) . ... ......... whom the business en~i~y received payments if the filores pro rata share of gross receipts from ouch person was equal to or greater than ten thousand dollars (Q10,000) during a calendar year. ContQnts of Initial statement: (b) , , , I The initial statement filed by an employee appointed to a designatea position shall disclose any repo~table invest- ments and interests in real property. '~ "'~ . (c) 'Contents of Annual statements: The annual statement filed by ~ designated employee shall disclose any reportable investments, interests in real property, and income held or received dUring the period after the closinq date ot the previous statement filed pursuant to this Conflicts Code. (el) Contents of Leaving Office statements: The leavinqottice statement tiled by desiqnatad em- ployees shall disclose reportable inveatments, interests in real property, and income aurinq the period held or received betwQen the Olosing,date o~ the last statemant filed pursu- an~ to this Conflicts Code and the date the designated employee left oftice. (e) Acquisition or Disposal During Reporting Period: , In the ~ase of a $tatemen~ filed under Section 7(t) above, state whether the investtnent, or interest in real property, W8. partially or wholly acquired or disposed of durinq the period covered by the statement, the date ot acquisition or disposal. ,. I t SEcrION 9. E s. ~:) Interests which sball be reported are: (a) Any busilless entity in which the public official haa 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 intorast wor~h one thousand dollars ($1,000) or more. (a) 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 off--.c:ial status, 4.\99reqa1:ing two hundred fifty dollars ($250) or more in value provided to, received by or promised to th~ pUblic official within 12 months prior to the time when the decision is made. I,' 'i-$' tl222-12 If) , -I - '..,~ t I ~ I ,,:) "",.., \J " . . 'j (d) Any busineas entity in which t~e pUblic official is a director, Officer, partner, tt'Us~ee, ~mployee, or holds any position of management. (e) Any donor of, OX\ any intGt1nediary or agent lor a donor of, a gift or gifts a9gre9a~inq two hundred fifty dollars ($250) or more in valu~ provided to, received by, or prom- ised to the public official within 12 months prior to the time when the ~ecision is made. . For pUrposes of this ,aotion, indirect investment'or inter- es~ ~eans any investmene or ineerest owne4 by the spouse or depenQen~ ohild of a publio Official, by an agen~ on behalf ot 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 1:Janet~cially a 10' interest,or greater. . " " "u' SBCTION 10. '. A designated employee_ust disqualify himselt or herself from making or partioipating in the making ot any aec1sionswhioh will foreseeably have a matorial financial effect, distinguishable from its effeot on the public generally, on ~hQ official or a member of hiS/her imnlediate tamilyor on any reportable interest as described in Seotion 9. 'l'heacquisition of. any direct: or ir,lCiit'ect interest in any real property inclUded or.'Planned to be'" included. in any project after takinq ottice shall disqualify thedesiqnated employee or official fro. participation in any deoision as aforesaid. The existence ot any direot or indirect interest in any contract or P~oPos.c1,c;:ontragt tor .aterials or services to be furnished or used in connea~ion with any housing project shall disqualify any designated employee or official from participating in any deci- sion as atoresaid. No designated employee shall be ~revented from making or participating in the making ot any decision to the extent his or her participation is legally requi~ed tor the decision to be made. Participation is not legally required if its effect is to break a tio. SECTION 11. nFEC~..J2..AT~ The effective date of this Conflict of Interest Code shall be April 27, 1994. r.6 f-S' "222-12 -, l I I , , I I I '.~ ~. j: 0, .- ~ ; o -, :::) o . -..' "'. \ , j ~ . ., ~ ~~ De.jan~ed Positions DisG10sure Cate~o~ ftlt1mber, Soard of Commissioners 123 456 123 4 5 6 . Executive Director, i.e. City Manager Assistant EXecu~ive Director, 123 4 Comptroller, D1rec~or ,ot Finance . 123 4 134 Director of Op.rat.ions, M&in~enance Supervisor Director of Administration 123 123 " Bxoept tor ~he'Bx.cutive Dir.o~or, all employees who ser\re t:he Housing Authority are to be furnished by t:he C11:y of En.. cinitas under c:ont:t'act. The City is therefore a contractot' within the .eaning of Disclosure categories. The employees who do tba Hc:,usin'1 AUthority's \fOrk lIlUS't not be otherwise llIIlployacl by the City 80'88 to affec~ their independent jUdgment to act in the best interest ot the Housinq Authority. f-' -.. '1-01 11222-12 I~ ..."...... ':) .I~." "0 - . - - ...--- n - ~ . i.XJ:llB.IL.!!.Il!!. D~~~~OSUR~C^TEGO~IES. ~eao~ 1 - Business ~os~~iontJnvostmen~!ntare9~~. Disclose each Authority-related or HUD-proqram-participating, business entity in which the employee/member holds a position or has a direct. or indirect business investment worth more than $1,000. Co. Disclose each inter- es~ in real property located within the jurisdiction ot ~le Authority in which the employee/member has a direct or ind!rect interest worth more than $1,000. ~.cror:y-3 -. In;ome t~~eres'ta.'. D1so1oSG all incoJDe ot the employee/_ember from any Attthor1tY~r81ated or HUD-program-pareie- ipa~1nq souroe 8gqregatinq$2S0.00 or .ore (or $25.00 or more in the case'o~ gi~~s) durinq ~he reporting period. ~eqo~~ - 8 . Disolose all investment and ~ana9ement in~er.sts in business entities (as described in categories 1 and 3) contracting with or salling to the City or ~hioh foreseeably could so oontraot or ..11, and all income from a souroe ( as described in Catego:r:y 2) which sells or cont~acts with the City or which foreseeably could SQ sell or contract. =~!aj~O~:~:~~h~~O~~ ~~~~~~~g~:~81ImUA : . ",.,.. ','. ..". . ',. - -... ", ','" . ~eqQff1'5'-' Foreseaabla .contrac'tl. . ;,:.cnvestments in any business.'ent tJ' Which, within the last two years has" or in the futuretoreseeablymaYI cont~act with the HOUsing Authority of the city of Encinitas to provide services or sUpplies, materialS, machinery or equipment to the Housinq Authority of the City of Encini~as or any of its sub-contractors. . Cateao~ 6 - ForeseeenleContricts. Income from any source whioh, within the lftst two years, bas contracted, or in the future foreseeably may con~raot, with tho Housing Authority of the C1~y of Enoinltas to provide se~ices, SUpplies, materials, machinoty or equipment to the Housing Authority ot the City of Encinitas or any ot its sUb-contractors. r -8 r'1S'B W222-12 It . .1\" -. :~} ,........ ") . "~ <....'" '(.,J ,~,.,. . APPENDIX J TRAVEL AUTHORIZATION GUIDELINES: In order to determine that travel is of value to ~ha HACE and to determine which commissioners and employees should qo, the tollowinq guidelines have been established: 1. The costs ot the conference, seminar, institute, training program and related travel must be within the annual Travel Expense budget aPpropriat~on approved by the Housing Authority of the Ci~y of Encinitas Board. 2. ~e activity mUst have the potential of makinq essential con~aQts or obtaining significant information that is important to the impr~ved operations and functions of Housinq AUthority of the City or Encinitas and the respective departmen~ is essential prior to travel authorization. 3. That utmost discretion must be exercisea by travelers to engage in no unauthorizEld aC1t:ivit~1 when in travel status. " AtJTHOR%ZED EXPENSBS: 1. Privately ~~ed Automobile - Commissioners and 'employees may be reimbursed for ~aveling on official Rousing Authority of the Ci~y of Bncinitas business with a private automobile at the prevailing mileaqe rate. . Mileage shall be paid on ~e moat reasonably direot route as follows: A. When traveling from the office on a work related activity and then returning to the office, mileaqe allowance Shall be actual mile. traveled. S.' When travel!nq to undertake RACE business between the commis- Sioner'S and/or employee's residenco and the office, mileaqe shall be any miles to and from work site in excess of those which the employae would have had to travel directly to the office trom home. c. When traveling f~om the office to a work site eo the commissioner's and/or employee's residence, mileage shall be the excess ot those miles which the employee would normally have had to t~av.l trom the office to home. D. When trave,Unq from residence to a work eite and then return- ing to residence, mileaqe in excess of mileaqe from home to Office and return shall be reimbursable. If such travel occurs on a day that the employee is not schodulGQ to Work or it travel occurs outside the normal Working hours, total mileaqe traveled is reimbursed. 2. Parking Commissioners and/or employefts using pri~ate automo- bile. and RACE Vehioles shall be reimbursed on an actual expense .. J.' '1,,51 "222. '2 ') ,..,I .'-) "- ~J b..is tor p.rkinq. Receip~s tor ~uch payments shall be submitted with the expense reimbursoment requast wh~n.ver Possible. . , ... . .'. 3 · Autoaob'!l. Travel. ReiJilbursementtor Use ot personal auto.o- bile in travel 'will be paid on the basis of tha prevailinq , Jai1..ge allowance rate or tourist. air fara,.Whichever is losa. When per.onal vehicle. are u..d1n dr1vinq to out-ot-area loca- tions not available by commeroial transpo~tation, t:ravel reim- burse.ent.hall b. made on an actual mileaqe basia, When two or .ore commisuion.r. and/or employee. are travelinq 1n one car, rei~ur8e.ent .ball be ma48 ~o on. employ... 4., COlDJllercial.-I'ransportation .'CO!IQQiS8ioners and employee. may travel in-state and aut-ot-area by commeroial transportattonwhen authorized. Air traneportation shall be by coach alas. unless -uoh apace is not available or tor special c1rc\Ulstanc.. autho- rized by the 2x.outive Diragtor. Pirat ola.. r~ilroad acoommcda- t1on. ahall b. etandard and shall include lower be~h or roo.ette in ca.. of overni9ht travel. , 5. Oar Rental - Comai8sioner. and employe.. may only u.. . rental vehicle .~ RACE expense when authorized or in an e..rqenoy aituat1on. When u.in~ rental vehicles, the lowest possible rate 8hall be Used. ,. Taxi/Bu. - Payment for taxi, bus, or limousin.'service. when on HACI bU8in.ss and no private vehiale 18 available is autho- rized. 7. Lod9ing, Meal., and Incidental. - Comais.ionera and employ... may olai. reimburse.ent tor loaginq, meals, and incidentals at . actual cost in accordance with the tOllowinq: A. Charges tor 10Qgin; will b. reimbursed for only ~le nigbt prior to the formal start of a conterence, semin~r, meeting, etc., and those nights when the event is actually in session or when a return flight the last night is not available. B.Real costs, including tax and tip, will b. reimbursed up to a ..ximum.per .eal ot the av.rage meal costs per day listed in ~he GSA Heals/Lodging Cost Index for the specific city in which the authorized travel ~Qok place. , . c. .. J;n the ca.. ot meal expenses incurred'while attending a oonterence or a seminar as a representative ot The Encinitas Hou.ing Authority, employ... shall he eligible for reimbursement Q~ that: expense. Meal expense incurred while performing the duties ot ona's posi~ion shall not be reimbursed unless the commissioner and/or employee is outside the boundary of the County and borderinq counties of San Diego County when the meal expense is incurred except when attending a conference or seminar in the ~ea. D. In the event. that meals are included in any registration or tui~icn fee, other charges for meals shall not be allowable. "-2 'I-to .... 11222-12 o ..~~ I I.;.::) I I I i , t I I. At: no time, under any circumstanc.., shall ~ny liquor or coat of .nt.rt.in..n~ be charged to the Housing Authority of the City , at' I:ncinitas. TRAVEL TIMEt HAC! comaiGsioners and employ..s may b. authorized time tor t~av.l out-ot-area t.he day priot, to and the day tOllowin9 the convention or meetin; date(a). ATTENDEE REPORTS REQUXREDt In order 1:0 max1.:l.z. the ben'.tit ot the canterenca! sOl1linal', etc., theattend.e will provide a written report h ghliqhtin9 the .ducational ~.netit an4 new skill. and techniques acquired in such a tora .. to be appropriate tor department training eo.alon. and to beoome part ot a permanent collection of depart_ant trainin9 aid.. Copi.. ot .ai4 report .houl4 also be available in the c.nt~al 2118. TRAVEL EXPENSES O. SPOUSE OR OTHER MEMBERS OF THE FAMILY: Uao_ia.ion.rla ancl/o&, _plOY..'S spou.. or flalllilyaccollpa- n1ea hill.or heron a Hou8inq AuthQt'it.y ot t:ho city of Incinita. bU. in... . 'trip, any portion ot the expense attributabJ. to the .pou.. ot family members trav.l, m..l~, lodginq, etc., are in no c1rcumetang.. reimbur9able. It. .pause or family member accom- pant.. a cOWDi..ioner and/or employee on a bU'1in... t~ip, the reimburaable bu.ine8s expense tor tr.nsporta~ion and lod;1n; 1s the sin91. rat. C08~ ot accommodAt~ons tor employ..s. . TRAVEL AND MISCELLANEOUS RXr!NSE OLAIM: An Exp.nsG Claim in order to be considereQ tor reimbur.e~eht .ball b. prepa~ed atter return from travel and present such ol.i.. to the Boara of commissioners for approval on the VOucher. All available bills and receipts shall ba attached. MEMBERSHIPS AND DUES; ~. purpose.of memberships to various protassionalor9anizations must be dir.c~ly related to the bettermen~ ot the functions ot Housing Authority of the City of Encinitas. One agency member- ship per professional organization as determined by .the Executive Direc~or shall De allowed providing funds are available. When an agency membership can be obtained through an individual membership versus an agency meMbership at a lesse~ cost per oapital, the former shall be used. Upon s~~a~ation of employment, the individual membership remains with the Housing Authority of the City of Encinitas and shall be transferred ~o another employee as shall be determined by the Executive Director. " J.3 '/.f,/ \1222-12 '0 I, DISCIPLINARY ACTION Any violatton of this poUoy shall subject the 8IIploye. to d1.o1pl.tna~ .ctton .s ..t torth in the Personnel Policy and Procedure. Manual. ! I ;~ . .f' ."....'.:,.:. ..j ,>J.~. 1.,'0' i. "" ')'1 :...:. '.1 .. .., . if...,'.. .\ <'I J"; ..... .i.' I --" ~' ;'.. '., ,;'('~ ~ ."It '1"",2.. 11222.12 . '::> . o .. ,., -,'~ ,; ..~( ~- , . '. c ';to....... l I. ''''' (:) u . .. HOUSING AUTHORITY OF THE CITY OF ENelNITAI AGENDA REPORT Me.tlng Date: April 27, 1994 , ">... TO: Board of Com mila loner. VIA: vJ Murray L Warden, Secretary of the Board FROM: Community Development 99sartment Sandra Holder, Director'" r.ot Lynn Brown, Housing and Grants Coordinator t- ~ Consider Resolution 94-04 Establishing Compensation for Members of th~ Boa(d of Cotnmlssloners. JUU.E;. Whether to adopt Resolution 94-04. .- On January 26, 1994, the City Council established the Housing Authority and appointed Itself to act as the Board of Commissioners. On February 23, 1994, the Board ad"pted bylaws and a seal. A.tW.lSJI.;. California law provides for payment of per diem to Commissioners for attendance at Commission meetings and 'lor compensation for travel expenses Incurred In carrying out duties. The maximum allowed per meeting Is $50 for no more than four (4) meetings per month. Staff has requested the City Council provide the Housing Authority r'Jnding for per diern compensation for 12 meetings a year and for training, mileage and travel expenses trofT. the 1994/95 Community Development Block Grant (CDBG) administration funds. The ,~/glb/sro42794.ha4 (4/14/94) S-1 , '.. .. ~ amount requested for these e)(penses wes $4,409. \ 5~~ COBa grant for $4,409 will cover costs of rompansatfon. 1. .,1 . 'J. '. ; 'o! . , J f:f ~-.I ';', ., ,. Approve Resolution 94.04 establishing compensation for members of the Board 01 Commissioners. .::) o cd/glb/sro42794.ha4 (4/14/94) . ,. . ~ ',c....J RESOLUTION NO. 94-04 OF TilE HOUSING AUTHORITY OF THE CITY OF ENCINITAS ESTABLISHING COMPENSATION FOR MEM8t~s or THE BOARD OF COMMISSIONERS 5~J i:) WHEREAS, Health and Safety Code 5 34274 provideo tor the pa,..nt:, of per die.. ~o commi..ioner. for attendane.at: hou8ing authority co..i..ion .eeting_ and the,_ Board of COmJlli~.ion.r.. ha. cSeterained tha~ said per die. .hull be accept,ed by "ach. Co..i..ioner together wi~h ~h. travelinq and subsistonc. expen... incurred in the discharge ot his or her du~ie.. NOW, THEREFORE, be it resolved tha~: SECTION 1. In accordance with Health and satetYCode 534274 each couissioner shall receJ.vepayment for at.tendance at not.ore than tour (4) meetings per montb of the Housing Authority ot tJ18 Ci~y of Encinitas in amount not to exceed fifty dollars ($50) per day and.hall receive necessary travelinq and subsistence expenses incurred in the discharge of his or her autie., SECTION 2. That this Resolution shall take effect on the 27th day of April.. 199.1. . Dated: APPROVED: ATTES'i' : HOUSING AUTIIORITY OF THE CLTY OF ENCINITAS By: Secretary By: chafiperson ~:.> LB/EM/crol0-971wp51 (04-14-94)