LAFCO Policy and Guidelines- Chapter 2

CHAPTER II. LAFCO OPERATIONS

Section 1. Selection of Commissioners

Marin LAFCO has seven regular members consisting of two members of the County Board of Supervisors (selected by the Board of Supervisors), two city council members (selected by the mayors of the 11 cities in Marin County), two special district board members (selected by the 30 special districts) and one public member (selected by the other six members of the Commission). For each of the four categories of LAFCO membership, there is also selected an alternate member to serve in the absence of a regular member.

The County Board of Supervisors and the City Selection Committee have established procedures for selection of LAFCO's county and city representatives pursuant to §56325(a). Pursuant to §56332, Marin LAFCO has established the following procedure for the selection of the Commission's public member and special district members and alternate members.

Procedure for Selection of Public Members
The public member and alternate public member shall be appointed by a majority vote of the regular LAFCO County, City, and Special District members. This procedure shall be followed upon expiration or replacement of the regular or alternate public member.
1. Ninety (90) days prior to the appointment, the Executive Officer shall issue a news release announcing the existence of a vacancy on the Commission.
2. The news release shall be mailed to the Marin Independent Journal and local newspapers within Marin County. Additionally, the news release shall be mailed to all current regular and alternate members of the Marin LAFCO, all local governments within Marin County and to community organizations including homeowners' associations and civic groups who are on file with the Marin LAFCO. The application period shall be thirty (30) days and shall begin upon the date legal notice appears in the Independent Journal. Among other things, the news release shall outline the function and purpose of the Commission, indicate the application filing period and invite interested persons to contact the Executive Officer for an application and information concerning the general duties and responsibilities of the public member.
3. Interviews shall be held during the month of April prior to the May expiration date of the current member's term of office. A standard list of questions should be asked each candidate. As required by the Ralph Brown Act, interviews shall be conducted in public sessions and formal selection shall be confirmed at the next regular meeting. The appointment the public member and public member alternate shall be made at the Commission's regular meeting scheduled in May and effective immediately.
4. Selection Criteria: The public member shall be a resident of Marin County. In selecting the Public Member, the Commission shall consider the applicant's qualifications as described in his or her application and the reasons listed for wanting to serve as a member of the Commission.
5. Vacancy of Regular Public Member: Should a vacancy occur during the public member's term of office, a new appointment shall be made for the unexpired term of the public member. The Commission may:
  
  a) Select a new member from the applications previously submitted for the current appointment, provided not more than twelve (12) months have passed since such applications were filed with the Commission
  
  b) Direct the Executive Officer to send out a news release announcing the vacancy and obtain new applications; or
  
  c) Appoint the alternate public member to serve as regular public member for the remainder of the regular member's term of office.
Special District Member Selection
Government Code §56332(c)(1) provides for selection of regular and alternate special district LAFCO members by a mail ballot process when the Executive Officer determines that a meeting of the special district selection committee is not feasible. Meetings of the Marin County Special District Selection Committee have previously failed to reach a quorum, indicating the infeasibility of Selection Committee meetings.
It is the policy of Marin Local Agency Formation Commission to conduct selection proceedings of regular and alternate special district members by a mail ballot process.
Procedure for Special District Member Selection
1. The Executive Officer shall initiate the mail ballot selection process for special district members 180 days prior to the expiration of the term of a special district member or immediately upon notification that the service of a special district member on LAFCO will end prior to the expiration of his or her term.
2. The Executive Officer shall initiate the mail ballot process by distributing to each independent special district a call for nominations, including a schedule of the selection process and a copy of this policy. Nominations must be submitted in writing by special district governing boards within 60 days of the date of the call for nominations. The submittal of a nomination must include a statement of the candidate's qualifications.
3. Within five working days of the close of the nomination period, the Executive Officer shall distribute by certified mail one ballot to each independent special districts. The distribution of ballots shall include a statement of qualifications for each candidate on the ballot.
4. Ballots may be submitted by mail or facsimile within 60 days of distribution of the ballots.
5. A majority of independent special district must cast ballots in order to select a special district member. Selection shall be made by majority of votes cast and a majority of independent special districts in Marin County.
6. Ballots cast by each special district must bear the signature of the district's presiding officer. If the presiding officer is unavailable, the district board may authorize another member of the board to cast the district's vote. Ballots may be returned to the LAFCO office by mail or by facsimile.
7. All ballots and other records of each selection process shall be retained in the LAFCO office for at least four years and shall be available for public inspection.
  
  When more than two candidates are nominated, the ballot form shall provide for selection by majority of votes cast through an "instant runoff" as follows:
  
  a) Each district casting a vote shall rank the candidates in order of their preference. District boards would simply indicate a "1" next to their first choice, a "2" next to their second choice, a "3" next to their third choice etc.
  
  b) In counting the votes by the Executive Officer, all first choice votes are counted. If any candidate receives over 50 percent of the first choice votes, that candidate is selected as special district member.
  
  c) If no candidate receives a majority, then the candidate with the fewest "1" votes is eliminated. The ballots of the supporters of the eliminated candidate are then transferred to whichever of the remaining candidates they marked for their second choice. This process shall be continued until one candidate receives a majority and is selected as special district member.
8. Vacancy of Special District Member: Should a vacancy occur during a special district member's term of office, a new appointment shall be made for the unexpired term of the special district member. The Commission may:
  
  a) Direct the Executive Officer to initiate the mail ballot process for appointment of a new member for the un-expired term; or
  
  b) Appoint the alternate special district member to serve as regular public member for the remainder of the regular member's term of office.
City Member Selection

Government Code §56325(b) provides for appointment of two LAFCO members each of whom shall be a serving mayor or council member of a city within Marin County. City members shall be appointed by the City Selection Committee according to the procedures adopted by that body and attached to these Guidelines as Attachment 1.
County Member Selection

Government Code §56325(a) provides for the appointment of two LAFCO members each of whom shall be a serving member of the Marin County Board of Supervisors. Appointment of LAFCO members by and from the membership of the Board of Supervisors is according to the procedures determined by that body.
Alternate Commissioners

Alternate members for county, city, special district and public members of the Commission shall be selected using the same procedures and selection criteria used for regular members. Alternate members shall serve and vote on the Commission in the event of absence or disqualification of the regular member.

Section 2. Disqualification of Commissioners and Conflict of Interest

Pursuant to Government Code §56336, the representation by a member or alternate of a city or district shall not disqualify the member or alternate from acting on a proposal affecting that city or the district.

A regular or alternate Commissioner shall be disqualified from voting on matters in which the Commissioner has a reportable financial interest, when it is reasonably foreseeable that such interest may be materially affected by the decision as provided by the Fair Political Practices Act.

Section 3. Absence of Commissioners

In the event a regular Commissioner intends to be absent from a Commission meeting or disqualify himself/herself from voting on a proposal, he/she shall so notify the Executive Officer at the earliest possible date in advance of the meeting. The Executive Officer shall notify and request the attendance of the appropriate alternate commissioner.

Section 4. Commissioner Compensation

Commissioners shall receive a stipend of $100 per regular meeting of the Commission. Alternate members shall receive an equal stipend when seated as voting members. Alternate members attending regular meetings of the Commission but not seated as voting members shall receive a stipend of $50.

Commissioners and Alternate Commissioners shall also receive reimbursement for reasonable and necessary expenses incurred in attendance of Commission meetings or performance of other official Commission business. Reasonable and necessary expenses shall include the costs of transportation, lodging, food, communications, training or events related to service on the Commission.

Section 5. Election of Officers

The Commission, annually, at the first regular meeting in May, shall elect a Chair from among its members. The Chair shall serve until a successor is duly elected.
The Chair shall preside at all meetings of the Commission and shall conduct the business of the Commission in the manner prescribed by law and by these rules. The Chair shall preserve order and decorum and shall decide all questions of order and procedure subject to the confirmation of a majority of the Commission.
The Commission, annually, at the first meeting in May, shall elect a Vice-Chair from among its members. The Vice-Chair shall have all of the powers and duties of the Chair during the absence of the Chair or the Chair's inability to act.

Section 6. Conduct of Meetings

Local Agency Formation Commissions are authorized to make regulations for the conduct of hearings under Government Code §56375(h).

Quorum: A majority of the members of the Commission (four members) constitutes a quorum for the transaction of business. In absence of a quorum, the Executive Officer shall adjourn the meeting to a stated time and place.
Vote Requirements: No act of the Commission shall be valid, legal or binding unless a majority of the Commission members (4) concur therein.
Commission Actions: The Commission may act by resolution or motion. All final determinations of the Commission on proposals, spheres of influence, contracts, standards and procedures, and rule adoptions shall be made by resolution.
Voting Procedures: The roll need not be called in voting upon a motion or adoption of a resolution except when requested by a member. Prior to calling the roll, the clerk shall repeat the motion for the record. If the roll is not called, in the absence of an objection, the Chair may order a vote by asking "All in favor?", "Commissioners against?"and "Commissioners abstaining?"
Consent Calendar: Routine proposals that do not require a public hearing may be placed on a Commission consent calendar. Approval of the consent calendar shall be made in one action that includes two motions involving: (1) Commission acknowledgment of environmental consequences and analysis followed by; (2) Commission approval of the basic proposal. Matters placed on the consent calendar may be removed by any Commissioner in order to allow general discussion and more detailed review of the proposal.
Robert's Rules of Order: Except as herein otherwise provided or as provided in law, the proceedings of the Commission shall be governed by the latest edition of "Robert's Rules of Order" on all matters pertaining to parliamentary law, but no resolution, proceedings or other action of the Commission shall be invalid or the legality thereof otherwise affected by the failure of the Commission to observe or follow such rules.
Public Participation: All meetings of the Commission shall be open to the public. Any interested person(s) may address the Commission on matters not included on the agenda as provided by §54954.3(a). At the request of any Commissioner, public participation may be received regarding non-public hearing matters and other items on the agenda of public interest. The Chair may regulate the order of any public testimony and limit the time allowed to each person desiring to speak subject to the assent of a majority of Commissioners present. Upon being recognized by the Chair, persons addressing the Commission shall be required to give their name and address for the record.
Off-Site Meetings and Workshops in Affected Communities:

The Commission, from time to time, initiates special studies or considers applications that generate substantial public interest. These issues usually have significant regional implications and have periodically prompted the Commission to hold meetings in the affected community. Meetings in the community foster public input and make the LAFCO process readily available to citizens.
To encourage public participation in the LAFCO process while taking into consideration the administrative constraints of meeting in an affected community, it is the policy of this Commission that:

The Commission shall normally hold public hearings in its regular hearing room, the City Council Chambers of the City of San Rafael.

A request to hold a public workshop in the affected community shall be submitted by the applicant or an affected agency to the Executive Officer for review prior to being forwarded to the Commission for its approval.

The Commission, at the request of the Executive Officer, may consider holding a public workshop or a public hearing in an affected community for any proposal or special study that is determined to have issues that affect a significant number of Marin County citizens or have significant financial, socio-political or land use considerations to one or more cities or defined communities.

Any member of the Commission at any time may request that the Commission hold a public workshop or a public hearing in an affected community for any proposal or special study. A majority of the Commission shall approve the scheduling of an off-site meeting of the Commission.

Section 7. Budget Process

It is the policy of Marin LAFCO provide local agencies and the public full opportunity to participate in the development and adoption of its annual budget.

A. Procedure

The Commission will appoint a Budget Subcommittee to meet in March of each year.
Staff and the Budget Subcommittee will submit a budget proposal to the Commission at its April meeting for preliminary review.
Following preliminary review, the Commission's draft budget will be circulated to each city, the County Board of Supervisors, the clerk and the chairperson of the City Selection Committee, to each independent special district and to the County Auditor for minimum of 60 days.
Staff will provide an opportunity for informal discussion of the draft budget within the 60-day circulation period.
The Commission will hold a for public hearing for consideration and final action on the proposed budget and circulate the adopted budget as specified under Step 3 above prior to June 15th of each year.
The County Auditor shall apportion the net costs of the Commission's budget to the County, cities and independent special districts under the provisions of Government Code §56381.
If the County, a city or an independent special district does not remit its required payment within 60 days, the executive officer shall request that the County Auditor collect an equivalent amount from the property tax, or any fee
or eligible revenue owed to that county, city or district pursuant to Government Code §56381(4)(c).
The Commission will maintain a reserve account balance of up to $150,000 for purposes including but not limited to unanticipated legal fees, unrealized application fee revenue, special studies and environmental review.

Section 8. Personnel Policies

Equal Employment Opportunity Policy

Purpose

The purpose of this policy is to comply with Federal and State law with regard to Equal Employment Opportunity (EEO) in the workplace, and to establish reporting procedures and disciplinary sanctions for violators of the Commission's EEO policy.
Equal Employment Opportunity Policy

Marin LAFCO is committed to equal employment opportunity and will evaluate each application and employee on the basis of personal skill and merit. The Commission does not discriminate based on an individual's race, sex, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sexual orientation, age, or any other basis prohibited by law. This policy governs all aspects of employment, including hiring, assignments, training, promotions, compensation, employee benefits, employee discipline and discharge, and all other terms and conditions of employment. Marin LAFCO will reasonably accommodate an individual's physical or mental disability in accordance with its legal obligations.
Complaint Procedure

Any employee who believes that he or she has been subjected to unlawful discrimination, or who has observed or has become aware of unlawful discrimination, should immediately report the incident to the Executive Officer. If, for some reason, the employee feels uncomfortable about making a report to the Executive Officer, the report should be made to the Chair of the Commission.
The Executive Officer or a person designated by the Commission shall promptly investigate any such report of discrimination and after completing his or her investigation, shall report the findings to the Commission with recommendation for corrective action, if appropriate.
The investigator will document all matters related to complaints of alleged discrimination, including the contents of meetings, interviews, results of investigations, and all other actions attendant to the allegations. All documentation must be maintained for all charges, substantiated and unsubstantiated, in CONFIDENTIAL SEALED INVESTIGATION FILES, in the Commission's personnel office.
New Employees Shall Not Be Related to Current Employees or Commission Members

To the extent permitted by law, the policy of the Commission is that new employees shall not be related to current employees or Commission members. At the time a person is applying for a position with the Commission, the person must identify any individual who is a close relative employed by the Commission. A close relative is defined as mother, father, stepmother, stepfather, father-in-law, mother-in-law, husband, wife, child, stepchild, brother, sister, brother-in-law, and sister-in-law.
Working Conditions
1. Purpose
  
  State and Federal laws mandate that employees have a right to work in an environment that is free from all forms of unlawful discrimination, including harassment. Harassment on the basis of an individual's race, color, sex, religion, sexual orientation, age, national origin, ancestry, citizenship, marital status, and physical or mental disability is a form of discrimination that is prohibited by federal and state law. Commission employees have a personal responsibility for maintaining high standards of honesty, integrity, impartiality, and conduct to assure proper performance of the Commission's business. The policy of Marin LAFCO is that unlawful harassment is unacceptable and will not be tolerated.
2. Scope of Policies Governing Employment and Working Conditions
  
  This policy applies to all employees, volunteers and Commissioners of Marin LAFCO, and it governs their conduct toward each other and toward all members of the public with whom they come in contact because of their position.
3. General Harassment Policy
  
  Each individual has the right to work in a professional atmosphere that promotes equal opportunity and prohibits discriminatory practices, including sexual and other forms of prohibited harassment. Such prohibited harassment is unacceptable and will not be tolerated. Marin LAFCO prohibits the harassment of any of its employees based on an individual's race, religion, color, gender, age, national origin, ancestry, marital status, medical condition, sexual orientation, or physical and mental disability, regardless of whether that harassment is targeted specifically to the employee. Prohibited harassment may include, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with the employee's normal work or movement, directed at an employee because of their race, religion, color, gender, age, national origin, ancestry, marital status, medical condition, sexual orientation, or physical and mental disability. Harassment may also include written or graphic material placed on walls, bulletin boards or elsewhere on Marin LAFCO premises or circulated in the workplace that denigrates, shows hostility or aversion towards an individual or group because of the characteristics identified above. Whether or not the offending employee means to offend or believed his or her comments or conduct were welcome is not significant. Rather, the Commission's policy is violated when other employees, whether recipients or mere observers, are in fact offended by comments or conduct which are based on race, religion, color, gender, age, national origin, ancestry, marital status, medical condition, sexual orientation or disability.
4. Sexual Harassment
  
  Marin LAFCO is committed to provide a workplace free of sexual harassment. Sexual harassment is defined as unwelcome sexual conduct of any nature that creates an offensive or hostile work environment or unwelcome sexual conduct that is made a condition of working at LAFCO.
  
  Prohibited sexual harassment includes unwelcome sexual conduct such as:
  - Verbal harassment (e.g., sexual requests, comments, jokes, slurs);
  - Physical harassment (e.g., touching, kissing) and;
  - Visual harassment (e.g., posters, cartoons or drawings of a sexual nature.)
  The Commission's policy rests on the fundamental precept that each employee must treat all others with respect, dignity and professionalism. Deviation from that standard will not be tolerated. Whether or not the offending employee meant to offend, or believed his or her comments or conduct were welcome, is not significant. Rather, the policy is violated when other employees, whether recipients or mere observers, are in fact offended by comments or conduct which are sexual in nature.
5. Complaint Procedure
  
  Any employee who believes that he or she is the victim of harassment, or who has observed or has become aware of harassment, should immediately report the incident to the Executive Officer. If for some reason the employee feels uncomfortable about making a report to the Executive Officer, the report should be made to the Chair of the Commission.
  The Executive Officer or a person designated by the Commission shall promptly investigate any such report of harassment and after completing his or her investigation, shall report the findings to the Commission with recommendation for corrective action, if appropriate.
  In the event that the Commission's investigation of the alleged incident of harassment fails to substantiate that a violation of the Policies Governing Employment and Working Conditions occurred, management will inform both the employee and the complaining party that a thorough investigation has been conducted and that there exists no grounds or basis to substantiate the alleged claim.
  In the event that the Commission's investigation reveals that an employee has engaged in actions or conduct in violation of this Policy, disciplinary action will be taken up to and including immediate termination depending upon the seriousness of the violation. Disciplinary action may range from written warnings, suspensions, demotion, discharge, etc., or a combination of actions. Following an investigation sustaining an allegation of harassment and the completion of appropriate corrective measures, the Executive Officer will advise the complaining party that a thorough investigation has been conducted and that appropriate corrective action has been taken by management.
6. Confidentiality of Personnel Files
  
  California State law states that personnel files shall be kept private and confidential and that no one without a legitimate business reason to do so shall have access to these files without consent from the individual. The Executive Officer and his/her designated staff shall be the only persons allowed to access any individual's file without permission from the individual. Said personnel files shall be kept in a locked file at all times.
Employment Status
1. Pre-Employment Physical Examination
  
  All offers of employment may be conditioned upon the certification of a qualified physician that the applicant is qualified to do the type of work required by the position being applied for. The Commission may also require an applicant being offered a job to submit to drug screening and, in that case, the offer of employment is contingent upon a negative drug screen result.
2. Probationary Period
  
  The first six months of employment is considered a probationary period. During this time, the Executive Officer will closely monitor a new employee's performance, and may dismiss the employee for any reason. Continued employment with the Commission is contingent on the successful completion of this probationary period. The Executive Officer's decision to release an employee from probation is not subject to appeal and is not subject to the grievance processes set forth in Chapter II, Section 8.J of these Policies, Procedures and Guidelines.
3. Employment Categories
  
  Each employee of the Commission is categorized as full-time or part-time, and as exempt or non-exempt.
  1. Full-Time/Part-Time
    
    Full-time employees are regularly scheduled to work 37.5 hours or more per week. Part-time employees are regularly scheduled to work fewer than 37.5 hours per week.
  2. Exempt/Non-Exempt
    
    Each employee will be informed when hired whether he or she is considered a non-exempt or exempt employee under the Fair Labor Standards Act. These categories refer to whether the employee is eligible for FLSA overtime pay. The EXEMPT category applies to certain administrative, professional and executive staff. The NON-EXEMPT category applies to all other employees. Non-exempt employees receive extra pay for overtime work. Exempt employees' salaries already take into account that they sometimes work additional hours.
4. Personal Data
  
  All employees must promptly notify the Commission of any changes in personal data. Personal mailing addresses, telephone numbers, number and names of dependents, beneficiaries, tax-withholding information, individuals to be contacted in the event of an emergency, and educational accomplishments. Such data must be accurate and current at all times. The Commission will maintain the confidentiality of such information in accordance with its legal obligations.
5. Performance Reviews
  
  Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. Ongoing discussions between supervisors and employees about job duties, performance, and the work environment furthers employees' satisfaction with the Commission and the Commission's satisfaction with employees. A formal performance evaluation will be conducted after six months of employment and annually thereafter. The performance review will be the primary determinant of merit-based pay adjustments as recommended by the Executive Officer granted by the Commission.
Compensation and Benefits

Compensation and benefits for the Commission's Executive Officer shall be specified in an employment agreement. The employment agreement shall be authorized by action of the Commission and signed by the Executive Officer and shall further define the Executive Officer's duties and terms and conditions of his or her employment.
The County of Marin provides payroll and benefits administration services for Commission employees. Commission employees participate in standard benefit programs offered by the County to County employees. For purposes of equity and administrative convenience, it is the intention of the Commission to provide its employees with pay and benefits directly comparable to equivalent positions in the County's employment classification system and to adopt the policies and procedures for accrual and use of annual leave and annual performance review adopted by the County of Marin. A copy of the applicable policies and procedures as published by the County of Marin for its employees is attached to this document and incorporated herein as Attachment 2.
LAFCO shall specify the number and classification of all positions. A position description specifying duties and responsibilities for each classification position will be approved by LAFCO; each LAFCO position will be linked by the Commission to a comparable or similar classification within the Marin County classification plan for purposes of determining compensation and benefits.
All changes approved by the County Board of Supervisors for county employees in comparable positions may be reviewed and considered by LAFCO for its employees. Unless otherwise specified by LAFCO policy, employees of LAFCO shall receive compensation and benefits available to employees of Marin County in comparable classifications.
Work Environment
1. Workplace Violence
  1. Workplace Violence Prohibition
    
    The Commission is committed to providing a workplace that is free of threats or acts of violence and to protecting its employees from such conduct on its premises. The Commission prohibits any employee from engaging in behavior that is violent, threatening or intimidating, while on duty or on Commission business. This policy applies to all employees, including management and non-supervisory staff. The Commission will not tolerate employees who make threats, engage in threatening behavior, or commit acts of violence against others. Such behavior will be subject to disciplinary action up to and including termination. In addition, the Commission is committed to preventing violent or threatening behavior on its premises by non-employees, such as visitors, guests, customers, or family members of its employees.
  2. Prohibited Conduct
    
    This policy prohibits not only physically violent behavior, but also behavior that is threatening, harassing or intimidating. Prohibited behavior includes, but is not limited to:
    - Possession of firearms, explosives, weapons such as knives, or any other hazardous or dangerous devices on any employer property or at any organization function, whether on or off premises. Additionally, use of any item as a weapon is prohibited.
    - Disorderly conduct on Commission premises, including fighting, inciting/provoking another to fight, battery, attempted bodily injury, or physically abusing any employee or visitor.
    - Using abusive or threatening language, coercing, threatening or otherwise harassing any employee or visitor.
    - Actual or threatened physical violence towards another employee or visitor.
  3. Policy and Response Guidelines
    
    All employees are responsible for reporting any incident involving threats or acts of violence immediately to their supervisor. The matter will be investigated and any appropriate corrective action taken. Violations of this policy will lead to disciplinary action, up to and including immediate dismissal.
2. Non-fraternization Policy
  
  The Commission is committed to fostering a professional work environment where all employees are treated fairly and impartially by their supervisors. Intimate personal relationships between supervisors and subordinates may result in workplace problems, such as a lack of objectivity in supervising and evaluating employees, the perception of favoritism by other employees (whether justified or not), and the potential for sexual harassment claims if a relationship ends. Therefore, supervisors are prohibited from dating, engaging in amorous relationships with, or participating in sexual relations with employees who report to them, either directly or indirectly. Employees who violate this policy will be subject to discipline, up to and including termination of employment.
3. Personal Conduct and Appearance
  
  Employees of the Marin LAFCO are encouraged to wear standard business attire as commonly accepted for our region of California, as they are representatives of the Commission.
4. Use of Telephone
  
  The Commission's telephone system is designed and intended for business use. Employees are expected to limit all personal calls so as not to interfere with work. Employees are required to reimburse the Commission for any special charges for personal telephone calls.
5. Information Systems/Electronic Mail (E-Mail)
  
  The computer and other electronic communications and information systems of the Commission, including voice mail, electronic mail and access to the Internet, are the property of the Commission and should be used for business purposes only. Although employees have passwords that restrict access to their voice mail and computers, the Commission may access any files, voice mail, or e-mail messages stored on or deleted from the computer system or voice mail system. The Commission reserves the right to access such information and to monitor on-line activities. Although the Commission reserves the right to access such information, employees are strictly prohibited from accessing another employee's personal voice mail or e-mail messages without the latter's express permission. In addition, the voice mail and e-mail systems are not to be used in a way that may be disruptive or offensive to others. For example, the Commission prohibits the display or transmission of sexually explicit images, messages, or cartoons, or any transmission or use of voice mail, e-mail or Internet communications that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religion or political beliefs. Nor may employees use the Internet, voice mail or e-mail system to solicit or proselytize others for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations. E-mail messages are official internal Commission communications, subject to summons in legal proceedings. Copyrights and restrictions that pertain to outside materials and trade secrets shall be respected, and employees are prohibited from the unauthorized downloading of software or other copyrighted materials.
Employee Conduct
1. Standards of Conduct
  
  The Commission prides itself on a friendly and flexible environment. As in other organizations, however, order and discipline are essential to the Commission's ability to provide excellent service to the public and other public agencies. Employees are expected to comply with basic standards of conduct and professionalism in the workplace and while conducting Commission business. Although it is impossible to provide a complete list of conduct that is not tolerated at the Commission, the following are examples:
  - Unsatisfactory job performance. • Poor attitude and/or behavior (for example, rudeness or lack of cooperation).
  - Excessive absenteeism or tardiness, or an unacceptable pattern of absences.
  - Insubordination.
  - Dishonesty.
  - Use of the Commission's name or letterhead for personal business.
  - Harassing, including sexually harassing, employees, customers, clients or other persons with whom the Commission has a business relationship.
  - Theft, unauthorized possession or removal of property belonging to the Commission, fellow employees, customers, clients or other persons with whom the Commission has a business relationship.
  - Engaging in behavior that is threatening, physically aggressive or violent.
  - Failure or refusal to cooperate in or interference with an internal Commission investigation.
  - Possession, distribution, sale or use, or being under the influence of, illegal drugs while on Commission property or Commission business.
  - Violation of Commission policy.
2. Attendance and Punctuality
  
  To maintain a productive work environment, the Commission expects employees to be reliable and punctual in reporting for work at their regularly scheduled start time. Absenteeism and tardiness place a burden on other employees and on the Commission. Excessive absenteeism or an inappropriate pattern of absences can lead to disciplinary action, up to and including termination.
3. Drug and Alcohol Use
  
  The presence or use of illegal drugs or unauthorized alcohol on Commission premises will not be tolerated. Illegal drugs, as referred to in this policy, include drugs that are not legally obtainable, as well as drugs that are legally obtainable but used for illegal or unauthorized purposes. The sale, purchase, transfer, distribution, use or possession of illegal drugs, as defined above, by anyone on Commission premises is prohibited. Moreover, employees are prohibited from reporting to work under the influence of alcohol or illegal drugs.
4. Outside Employment
  
  No Commission employee shall be permitted to accept employment in addition to or outside of Commission service if: a) The additional or outside employment leads to a conflict, or potential conflict of interest for said employee; or b) The additional or outside employment interferes with the employee's ability to perform his/her Commission job; or c) The nature of the additional or outside employment is such that it will reflect unfavorably on the Commission.
  The duties to be performed in the additional or outside employment shall not be accomplished with the use of Commission records, materials, equipment, facilities or other Commission resources.
5. Outside Inquiries/Employee References
  
  All outside inquiries regarding employment references for current or former Commission employees must be directed to the Executive Officer. "Off the record" comments are strictly prohibited. The Commission will release only an employee's job title, salary and dates of employment to third parties unless the employee signs a written authorization to disclose further information about his/her employment. All media inquiries regarding the Commission should be referred to the Executive Officer.
6. Leaving the Commission
  
  The Commission shall provide employees written notice two weeks in advance of any action that terminates his or her employment with the Commission.
  Although advance notice is not required of employees, the Commission requests two weeks' notice if an employee intends to resign. An employee's consideration in this regard will enable the Commission to arrange for a replacement and assist in the smooth transition of responsibilities. An employee may be asked at the time he or she leaves the Commission to provide an evaluation of the employee's employment with the Commission ("exit interview"). The Commission hopes that this constructive exchange will help it identify any areas that need further attention to provide the best possible work environment.
Grievance Procedure
1. Scope of Grievance Procedure Policy
  
  This policy shall apply to all regular employees in all classifications.
2. Purpose of Grievance Procedure Policy
  
  The purpose of this policy is to provide a procedure by which employees may formally claim that he/she has been affected by a violation, misapplication, or misinterpretation of these Policies and may appeal disciplinary action as provided for in Policy No. P 119.
3. Exclusions
  
  Specifically excluded from the grievance procedure are subjects involving the amendment of state or federal law and Commission resolutions. Also specifically excluded from this grievance procedure are complaints of discrimination and harassment which are covered by Personnel Policies Nos. P 103.01-103.06.
4. Grievance Procedure Steps
  1. Level I, Preliminary Informal Resolution
    
    Any employee who believes he/she has a grievance shall present the evidence thereof orally to the Executive Officer within five (5) working days after the employee knew, or reasonably should have known, of the circumstances which form the basis for the alleged grievance. The Executive Officer shall hold discussions and attempt to resolve the matter within three (3) working days after the presentation of such evidence. The Executive Officer shall document the informal meeting including the outcome and provide a copy to the employee and the Chair of the Commission, as appropriate.
  2. Level II, Appeal of Grievance to the Commission
    
    If the grievance has not been resolved at the Level I, the grievant must present his/her grievance in writing on a form provided for this purpose (attached hereto as Attachment 3) to the Chairman of the Commission and to the Executive Officer within three (3) working days after the date of the Executive Officer's response to the Level I grievance process.
5. Procedure
  
  Upon receiving a written appeal of a grievance from an employee, the Executive Officer shall place the matter on the agenda of the next available Commission agenda. The Commission shall convene in executive session to review the written grievance submittal and determine how the grievance will be addressed. In making this determination, the Commission may direct one of the following procedures:
  1. The Commission will meet in executive session to investigate the grievance, determine what corrective actions, if any, will be required to address the grievance and provide written documentation of its actions;
  2. Appoint a subcommittee of one, two or three of its members to investigate the grievance. The subcommittee will determine what corrective actions, if any, should be taken to address the grievance, provide written documentation of its meetings and report its recommendations to the Commission for action by the Commission in closed session;
  3. Retain or request the voluntary participation of an independent hearing officer. The independent hearing officer shall will recommend what corrective actions, if any, should be taken to address the grievance, provide written documentation of its meetings and report its recommendations to the Commission for action by the Commission in closed session; or
    1. Take other steps that the Commission deems necessary and appropriate to address the written grievance.
6. Procedural Rules
Disciplinary Actions
1. Types of Disciplinary Actions
  
  The following are types of actions that may be utilized by the Executive Officer in disciplining employees. The specific type of disciplinary action taken is a decision made by the Executive Officer based on the severity of the employee's actions.
  1. Oral Reprimand: A formal discussion with an employee about performance or conduct problems. This action preferably is summarized by a memo to the employee outlining the nature of the discussion. An oral reprimand is not subject to the grievance process set forth in Policy P 118.
  2. Written Reprimand: A written document presented to an employee regarding performance or conduct problems. A copy must be provided to the employee with a copy being placed in the employee's personnel file. A written reprimand is not subject to the grievance process set forth in Policy P 118.
  3. Disciplinary Suspension: An involuntary absence without pay for a fixed period of time.
  4. Reduction in pay: A reduction in pay for a fixed or indefinite period of time.
  5. Termination: Discharge or removal from Commission service.
  6. Administrative Leave: An employee may be placed on administrative leave with pay immediately in an emergency situation or when the seriousness of a matter warrants such action pending the proper disciplinary process.
2. Reasons for Reprimand, Suspension or Termination
  
  An employee's failure to meet the standards of employee conduct set forth in these Policies, Procedures and Guidelines will result in disciplinary action up to and including termination.
3. Pre-Disciplinary Notice and Meeting
  
  Prior to suspending, reducing the pay of, or terminating an employee who has completed his or her probationary period, the Executive Officer shall provide the employee with a written notice of the proposed disciplinary action, a statement of the charges and reasons supporting the proposed disciplinary action and copies of the materials upon which the proposed action is based. Within five working days, the Executive Officer shall provide the employee with the opportunity to respond in person or verbally to the proposed discipline as to why the proposed disciplinary action should not be taken. After considering the response provided by the employee, the Executive Officer shall proceed with the proposed disciplinary action or modification thereof.
4. Disciplinary Appeal
  
  An employee may appeal a suspension, reduction in pay or termination to the Commission by presenting the appeal in writing on a form provided for this purpose (attached hereto as Attachment 4) to the Chair of the Commission within three working days after receipt of the Executive Officer's notice of final disciplinary action. The Commission shall than hear the appeal in accordance with the procedures set forth in the Commission's Level II Grievance Procedure. The decision of the Commission shall be final.
Layoff - Authorization

The Commission may lay off any employee because of lack of appropriate funds, curtailment or lack of work, changes in duties or organization, abolition of position or other reasons. When reduction of personnel is necessary, the criteria for determining employees to be laid off shall be consideration of the work and administrative needs of the Commission as determined by the Executive Officer. Within a classification to be reduced, employees shall be laid off in the following order: (1) temporary employees, (2) part-time employees and then (3) full-time employees.