HomeMy WebLinkAboutMINUTES - 03202001 - C.75 t
DATE 3/20/01 ITEM#
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TO:. BOARD OF SUPERVISORS, ACTING AS GOVE .;:. Contra
SUPPORTIVE SERVICES IHSS PUBLIC AUTI �'• ai= COSta
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FROM: John Cullen, Employment and Human Services De
Eldon Luce, IHSS Public Authority Executive Direc
DATE: February 22, 2001
SUBJECT: IHSS PUBLIC AUTHORITY PERSONNEL RULES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTICIN*
APPROVE IHSS Public Authority Personnel Rules
FINANCIAL IMPACT:
There is no financial impact resulting from the recommended action.
RACKGROUNDe
In April 1999, the Board of Supervisors accepted and approved the IHSS Public Authority Implementation
Team Findings and Recommendations, including recommendations on Public Authority employees. In
November 1999 the Public Authority Executive Director was appointed, in December 1999 the Program
Manager position was filled and in April 2000 the Office Manager and 2.5 FTE Registry/Training Specialist
positions were filled. Since the IHSS Public Authority is a separate non-County governmental agency, Public
Authority employees are unrepresented and are not County employees, and are not governed by civil service,
County or negotiated personnel rules or regulations. The recommended Personnel Rules have been developed
jointly by the Public Authority Executive Director and the County Human Resources Department and have been
reviewed and approved by County Counsel. The recommended Rules apply to Public Authority employees only
and are not applicable to Individual Providers whose working conditions are set by IHSS Recipients.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
✓ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S
TION OF BO D N APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISO
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: ELDON LUCE 6-1257
cc: COUNTY ADMINISTRATOR
BOB SESSLER BY DEPUTY
CONTRA COSTA COUNTY
IN-HOME SUPPORTIVE SERVICES
AUTHORITY
PERSONNEL RULES
December 1, 2000
PREFATORY NOTE
These are the Personnel Rules of the In-Home Supportive Services (IHSS) Authority, which apply
to Authority employees. These Personnel Rules are not applicable to Individual Providers whose
working conditions are set by IHSS Individual Recipients. The Authority being an independent
agency, the Personnel Rules and Regulations for employees of Contra Costa County do not apply.
The following rules have been adopted by the Authority and may be changed only by action of the
Authority. Where the Personnel Rules of this Authority are silent, the Executive Director and the
Authority may, at their discretion, adopt additional rules.
I. GENERAL PROVISIONS
1.1 Authori : All approval authority referenced in these rules rests with the Executive Director
unless otherwise stated in these rules.
1.2 Coverage: These rules apply to employees of the Authority and are not applicable to
Individual Providers whose working conditions are set by IHSS Recipients.
11. CLASSIFICATION AND COMPENSATION
2.1 The Executive Director: The Executive Director shall serve at the pleasure of the Authority
Governing Board.
2.2 Authority Staff: Staff is considered "at will" employees and serves at the pleasure of the
Executive Director. It is expressly understood that each employee has the right to terminate
his/her employment at any time for any reason; and the Authority retains the right to exercise
its discretion to terminate any employee. Employment shall only be so long as it is mutually
agreeable to both employee and employer.
2.3 Authority Staff Classification: The Authority shall provide for the classification of its
employees. For the sole purposes of salary/benefit determination and to satisfy the State's
requirement that Authority employees have classifications, the staff is classified based on
duties performed by County employees in comparable classifications. This comparison, in
no way, implies that Authority employees are employees of the County for any purpose. The
following are Authority staff positions and comparable county classifications:
Authority Staff Position Comparable County Classification
Executive Director Social Service Division Manager
Program Manager Administrative Services Assistant III
Registry/Training Specialist Administrative Analyst
Office Manager Clerk Senior Level
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2.4 Compensation: The compensation for each staff position shall be determined according to
a schedule fixed by the Authority. The rates of pay set forth in the pay schedule and benefit
package represent the total compensation in every form except for overtime compensation,
reimbursement for actual and necessary expenses for traveling subsistence and general
expenses authorized and incurred incident to employment. The Executive Director and staff
salaries shall be reviewed annually prior to presentation of the proposed budget. Any claim
for actual and necessary expenses must be submitted within sixty (60) days from date of
expenditure.
2.5 New Employees: The anniversary date of a new employee is the first day of the calendar
month after the calendar month when the employee successfully completes six (6) months
service; provided however, if an employee began work on the first regularly scheduled
workday of the month the anniversary date is the first day of the calendar month when the
employee successfully completes six (6) months service.
Notwithstanding other provisions of this Section 2.5, the anniversary of an employee who
is appointed at a rate above the minimum for the employee's class, is one (1)year from the
first day of the calendar month after the calendar month when the employee was appointed;
provided however, when the appointment is effective on the employee's first regularly
scheduled workday of the month, his/her anniversary is one (1) year after the first calendar
day of that month.
2.6 Salary Increases: The Executive Director shall make recommendations concerning salary
increases. A performance evaluation with a satisfactory summary rating is a prerequisite for
salary increases.
2.7 Employee Performance Evaluations: Employee performance evaluations shall be completed
at least once each year.
2.8 Review of Performance Evaluation with Employee: All employees shall review their
performance evaluations with the Executive Director and shall have access to their
evaluations for review.
III. ATTENDANCE AND HOURS OF WORK
3.1 Hours of Work: The standard work week for employees occupying full time positions
consists of forty hours, unless otherwise specified by the Authority. The Executive Director
shall fix the hours of work with due regard for the convenience of the public and the laws of
the State and the County.
a. Employees occupying part time positions shall work such hours and schedules, as the
Executive Director shall prescribe.
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b. Except as hereinafter provided, Authority offices shall be open for the transaction of
business from 8:00 a.m. to 5:00 p.m. every day except Saturdays, Sundays and
holidays. The Executive Director may make such changes to the schedule of office
hours as public convenience or necessity may require.
3.2 Attendance Records: Complete attendance records shall be maintained for all employees.
IV. OVERTIME AND ADMINISTRATIVE LEAVE
4.1 Non-Management employees shall be compensated for overtime in accordance with the Fair
Labor Standards Act.
4.2 Management employees shall not be compensated for overtime worked, but shall receive
sixty(60)hours of annual, non-accruable administrative leave each January 151. Balances may
not be carried over past December 31. This time shall be prorated for part-time employees.
4.3 Required overtime work shall be authorized in advance by the Executive Director. In cases
of emergency, such overtime may be approved retroactively by the Executive Director.
V. HOLIDAYS
5.1 All employees observe the following ten (10) designated holidays per calendar year:
New Year's Day Labor Day
Martin Luther King Jr. Day Veterans Day
Washington's Birthday Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
5.2 Permanent part-time employees shall receive paid holiday credit in the same ratio to the
holiday credit given full-time employees as the number of hours per week in the part-time
employee's schedule bears to the number of hours in the regular full-time schedule,
regardless of whether the holiday falls on the part-time employee's regular work day.
5.3 In addition to the designated holidays, all employees shall accrue two (2) hours of personal
paid holiday credit per month. This time shall be prorated for part-time employees. Such
personal holiday time may be taken in increments of one-half(1/2) hour. No employee may
accrue more than forty (40) hours of personal holiday credit. On separation from Authority
service, the employee shall be paid for any unused personal holiday credits at the employee's
then current rate of pay.
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VI. VACATIONS
6.1 All employees accrue ten(10)hours of vacation credit per month(three weeks per year) for
years one through ten. This time shall be prorated for part-time employees.
6.2 No employee will be allowed to carry an accumulation of more than two-hundred and forty
(240) hours vacation accrual at any one time.
6.3 No use of vacation time will be permitted prior to the employee completing six (6) full
months of continuous service in any status.
6.4 The time at which employees shall be granted vacations shall be at the discretion of the
Executive Director. Length of service and seniority of employees shall be given
consideration in scheduling vacations and in giving preference as to vacation time. The needs
of the Authority shall govern.
6.5 When an employee is separated from Authority employment, his/her remaining vacation
allowance shall be added to his/her final compensation. Such employees shall not be allowed
to remain on the payroll or accrue sick leave, vacation, or other benefits beyond the date of
termination.
6.6 Payment for vacation shall be at the base pay of the employee.
VII. SICK LEAVE
7.1 All employees accrue eight (8) hours of sick leave per month without limit. This time shall
be prorated for part-time employees.
7.2 Usage: Employees are entitled to be paid for sick leave used, to a maximum of the time
accrued, under the following conditions:
a. The employee's illness, injury or exposure to contagious disease which incapacitates
him/her from performance of duties. This includes disabilities caused or contributed
to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom as
determined by a licensed physician.
b. The employee's receipt of required medical or dental care or consultation.
C. The employee's attendance on a member of the immediate family who is ill.
d. The employee's attendance at the funeral of a member of the immediate family.
e. The employee's attendance to an adoptive child for up to six (6) weeks immediately
after the arrival of the child in the home.
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For the purposes of this section immediate family means parent, spouse, domestic partner,
son, daughter, sibling, step children, mother-in-law, father-in-law, grandparents or
grandchildren.
7.3 Request and Approval Procedures: When the requirement for sick leave is known in advance,
the employee shall request authorization for sick leave at such time as described below. In
all other instances the employee shall notify the Executive Director as promptly as possible.
Before an employee may be paid for the use of accrued sick leave he/she shall complete and
submit to the Executive Director a signed statement, on a prescribed form, stating the dates
and hours of absence, the reason, and such other information as is necessary for the request
to be evaluated. If an employee does not return to work prior to the preparation of the
payroll, other arrangements may be made with the approval of the Executive Director. The
Executive Director may require a physician's statement from an employee who applies for
sick leave, or make whatever investigation into the circumstances that appears warranted
before taking action on the request.
7.4 Use of Sick Leave While on Vacation: An employee who is injured or who becomes ill while
on vacation may be paid for sick leave in lieu of vacation provided that the employee:
a. Was hospitalized during the period for which sick leave is claimed, or,
b. Received medical treatment or diagnosis and presents a statement indicating illness
or disability signed by a physician covering the period for which sick leave is
claimed, or
C. Was attending the funeral of a member of the immediate family.
To have sick leave considered in lieu of vacation, the request and required substantiation
must be submitted within ten (10) days of the employee's return to work.
VIII. MEDICAL, DENTAL AND RETIREMENT PLANS
8.1 Authority employees shall receive medical, dental, retirement and other benefits that are
commensurate with benefits received by county employees in comparable classifications.
IX. LEAVES OF ABSENCE
9.1 General: Employees shall not be entitled to leaves of absence as a matter of right, unless
provided by law.
9.2 In order to receive a leave of absence employees must submit a request to the Executive
Director describing the reasons for the request and all other information required to evaluate
the request.
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9.3 Absence without Leave: Absence from duty without leave for any length of time without a
satisfactory explanation is cause for dismissal.
9.4 Constructive Resignation: A constructive resignation occurs and is effective when:
a. An employee has been absent from duty for three (3) consecutive working days
without leave; and
b. Five(5)more consecutive working days have elapsed without response by employee
after the mailing of a notice of resignation by the Executive Director to the employee
at the employee's last known address.
X. SUSPENSION OF PERSONNEL RULES
10.1 Upon good cause being shown and upon a finding of the public interest being served, the
Authority reserves the right to waive, suspend, change or modify any of the foregoing rules.
PA Personnel Rules 12/1/00
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