NON-DISCRIMINATION POLICY

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1 Fallbrook Public Utility District Personnel Regulations FALLBROOK PUBLIC UTILITY DISTRICT NON-DISCRIMINATION POLICY Board Approved Effective Date 2/95 Board Approved Revision Date 1/98 11/99 7/01 10/04 12/09 1/10 11/15 c/regsapd july 09 1

2 OVERVIEW OF FALLBROOK PUBLIC UTILITY DISTRICT NON-DISCRIMINATION POLICY It is the policy of the State of California and of Fallbrook Public Utility District to promote equal employment opportunity by prohibiting discrimination in employment and requiring nondiscrimination in the performance of contracts funded by the State. This policy has been reinforced and expanded by contract compliance regulations, California Administrative Code, Title 2, Division 4, Chapter 5 (Section 8101 et seq.). The regulations provide that contractors performing public work or providing goods or services under a State contract shall not discriminate against any protected group employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, sexual orientation, medical condition, marital status, sex or age (over 40). In addition, California Government Code Section prohibits employment discrimination by contractors or public agencies holding a State Contract. Fallbrook Public Utility District is firmly committed to enforcing these principles and will make every effort to ensure a fair and equitable statistical balance in the workforce. The ensuing chapters of this Nondiscrimination Policy Program contain detailed information on the program goals and the methods utilized to achieve these goals. 2

3 FALLBROOK PUBLIC UTILITY DISTRICT EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT Fallbrook Public Utility District (FPUD) is an equal opportunity employer and is firmly committed to an active Non-discrimination Program. It is the stated policy of the FPUD that all employees and applicants shall receive equal consideration and treatment. All recruitment, hiring, placements, transfers and promotions will be on the basis of qualifications of the individual for the positions being filled regardless of Race, Color, Ancestry, Religious Creed, National Origin, Physical or Mental Disability, Sexual Orientation, Medical Condition* (Cancer), Sex, Age, Military, Veteran or Marital Status. The objective of FPUD's Non-discrimination Program is, wherever possible, to actively recruit and include for consideration for employment, members of minority groups, women and the physically handicapped. All decisions on employment and promotions must be made solely on the individual's qualifications (merit) for the job in question. As the District General Manager, I have taken a personal responsibility to ensure that our Equal Employment Opportunity Policy is carefully planned and properly executed. The Human Resources Manager has been designated by me as the District Equal Employment Opportunity Coordinator. Inquiries concerning the application of Federal and State laws and regulations should be referred to her. To achieve the goals of our Non-discrimination Program, it is necessary that each member of the District understand the importance of the program and his or her individual responsibility to contribute toward its maximum fulfillment. Specifically, manager's and supervisor's efforts toward the success of the program will be essential to its success and I am confident and expect all supervisory persons to join with me in making a commitment to success. Fallbrook Public Utility District will update and reaffirm this EEO Policy Statement annually. Date: General Manager *Cured or rehabilitated as defined in Section 12926(f), Government Code

4 DISSEMINATION OF FALLBROOK PUBLIC UTILITY DISTRICT'S EEO POLICY STATEMENT To ensure that all employees, applicants for employment, and the public are aware of Fallbrook Public Utility District's official policy on Equal Employment Opportunity and its commitment to nondiscrimination, the following steps have been taken. A. INTERNAL DISSEMINATION 1. The FPUD's Equal Employment Opportunity Coordinator will meet periodically with department heads and disseminate information on the District's overall Non-discrimination Program. 2. FPUD's policy on Equal Employment Opportunity has been posted on District bulletin boards at locations where applications are received for employment. 3. The policy statement is distributed to and available to all FPUD employees. 4. FPUD supervisors who have a responsibility for interviewing, hiring, promoting, transferring, disciplining, and terminating employees, will continue to receive instructions in and review of the District's Equal Employment Opportunity Policy, and our legal and contractual obligations and the resources available to assist them in meeting their own goals set forth in the District's Nondiscrimination Program. 5. A discussion of Equal Employment Opportunity and the Nondiscrimination Program is included in the orientation of all new employees. 6. The District's Equal Employment Policy and the Nondiscrimination Program will continue to be a discussion item in staff meetings for District employees, supervisors and managers. 7. The phrase, "FPUD IS AN EQUAL OPPORTUNITY EMPLOYER" will be included in all job announcements. Such announcements will be posted on District bulletin boards. The phrase will be incorporated in all bargaining agreements. 8. A copy of FPUD's Non-discrimination Policy is available for review through the Human Resources Manager or the FPUD intranet. 4

5 B. EXTERNAL DISSEMINATION 1. All traditional FPUD recruiting sources will continue to be informed orally and in writing about FPUD's Nondiscrimination Policy. We will also request their support in furthering our commitment to Equal Employment Opportunity. These recruiting sources will also be requested to actively recruit for a diverse workforce, for all available positions, in particular, our local secondary schools and trade schools. 2. The phrase, "FPUD IS AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER" will be used in all recruitment publications, and newspaper ads. 3. All purchase orders, leases, and contracts will contain an appropriate equal employment opportunity statement therein (either by reference or in its entirety). 5

6 RESPONSIBILITY FOR IMPLEMENTATION OF FALLBROOK PUBLIC UTILITY DISTRICT'S NONDISCRIMINATION POLICY The responsibilities and duties of the Equal Employment Opportunity (EEO) Coordinator in administering FPUD's Non-discrimination Policy are as follows: 1. To develop policy statements and internal and external communication techniques. 2. To identify problem areas within the workforce and to assist management in arriving at solutions to any problems. 3. To design and implement an annual audit and reporting system of all components of the Non-discrimination Program that will: a. Measure the effectiveness of the policy. b. Indicate any need for remedial action. 4. To serve as liaison between FPUD and minority organizations, women's organizations and community action groups concerned with employment opportunities for minorities, women, and the disabled. 5. To keep management and supervisors informed of the latest developments in the equal employment area. 6. To inform employees of available opportunities for advancement. 7. To assist in maintaining open lines of communication throughout the workforce. 8. To inform management of changes which may affect the Nondiscrimination Policy, and to revise the program as necessary. 9. To periodically audit FPUD's orientation program, and its hiring, promotion, and termination practices. 11. To review the qualifications of minority employees, women employees and disabled employees to ensure that they are given full opportunities for promotions. 11. To ensure that EEO posters are properly displayed, and that minorities are encouraged to participate in District sponsored activities. 12. To ensure that supervisors understand that their responsibilities include carrying out FPUD's commitment to equal employment opportunity. 13. To assume any contingent responsibilities necessary to ensure effective implementation of the District's Non-Discrimination Policy, to include periodic liaison with FPUD General Counsel to ascertain any changes in the laws affecting the program. 6

7 EMPLOYMENT SELECTION PROCEDURES UTILIZED BY FALLBROOK PUBLIC UTILITY DISTRICT A. RECRUITMENT - GENERAL A positive recruitment program for FPUD will be administered to locate and attract the best qualified personnel available for each position within the District. To encourage advancement, every effort will be made to fill vacancies by promoting eligible and qualified employees already on the staff. However, to assure the District of the best skills necessary to the operation of a complex organization, outside recruitment as well as in-house applications will be solicited for certain top level position vacancies. B. APPLICATION FOR EMPLOYMENT AND REFERENCE CHECKING 1. Applications for employment with FPUD will be accepted when there is an open and posted job vacancy. Applications for employment are only accepted up to the closing date. 2. Where the nature and duties of the job warrant it, applicants may be subject to examination which fairly tests capacity and fitness of the candidate to efficiently discharge the duties of the position for which the examination is held. 3. All candidates will be evaluated against requirements set forth in the job description for the position to be filed. C. VACANCY ANNOUNCEMENTS 1. All job opportunities with FPUD will be announced by publication of the vacancy announcements, which will include: a. Job title b. Salary c. Description of duties d. Minimum education and experience requirements, and any special licenses, certificates or credentials required e. Other information providing for a better understanding of the nature and condition of the job f. How, where and when to make application g. Statement that FPUD is an equal employment opportunity employer D. PROMOTION FROM WITHIN 1. When a position opening exists, the vacancy announcement is circulated widely and publicly throughout the District, or as a memorandum to all employees. The announcement, may, if deemed essential, coincide with outside recruitment efforts as established in F below. 7

8 2. On an informal basis, and without making a commitment for employment, supervisors should encourage employees who are eligible, qualified, and interested to apply. Temporary employees are not eligible for promotion from within. 3. If there are any eligible and highly qualified candidates by the closing date, screening may proceed. If there are no such candidates from within, outside recruitment becomes mandatory. 4. The top internal candidate after the internal interview process will either be promoted, dismissed as not qualified, or if there are concerns about the candidate s suitability for the position, the candidate may remain in the selection process and be provided the opportunity to interview again during any external recruiting process pursuant to paragraph F. a. There must always be an announcement of an opening. b. One qualified in-house candidate who responds to the mandatory vacancy announcement is enough to proceed with an interview by at least two members higher in grade than the position being hired for and possessing knowledge of the technical skills required for the position. All efforts will be made to ensure objectivity, impartiality and balance on the interview panel. The General Manager may fill the position after a successful interview. E. USE OF PERSONNEL PLACEMENT AGENCIES_ 1. Whenever a new position is created, or a present position becomes vacant and neither are filled by in-house promotion: F. OUTSIDE RECRUITMENT a. The District may engage a personnel placement agency to assist in the recruitment of employees for new or existing positions. Applicants will be recommended by the agency and hired in a temporary status through the personnel placement agency until a decision is made to either offer probationary employment or to terminate. 1. Whenever a new position is created, or a present position becomes vacant and neither are filled by in-house promotion or use of a personnel placement agency, 2. It shall be the FPUD policy to advertise the position in a paper of general circulation in San Diego County. 3. All possible steps shall be taken to notify the community, and use every recruitment source, using the following: a. Distribute vacancy announcements. b. Requests to State employment offices. c. Through "positions available" in news media, including trade journals, for certain professional positions. d. Requests to community, ethnic and women's organizations. 8

9 e. Notify schools, local trade schools and nearby community colleges of vacancies. G. SCREENING AND SELECTION GUIDELINES 1. General hiring policies and procedures are intended to foster the selection of competent and effective personnel-while maintaining balance of diversity in relation to the population of areas served. 2. An individual who has demonstrated the ability to competently perform the duties of the position should be allowed to participate in the selection process, whenever possible. Formal education qualifications should not be made a requirement for employment or advancement except when required by state or local law or when essential to the satisfactory performance of the duties of the position. H. SCREENING 1. The purpose of the initial screening of applicants' applications is to evaluate each person's knowledge, skills and abilities to perform the duties of the position for which she/he is applying, based on criteria established by the District. Such screening involves a review of each applicant's file of application, resume, relevant experience, education, training, supervisor's evaluation, pertinent awards and any other relevant information contained in the applicant's file or provided for review. 2. The person(s) doing the initial screening will determine which applicants are adequately qualified to be interviewed for the position for which they are applying No applicant will be rejected as "unqualified" or "disqualified" without sufficient justification. I. ORAL INTERVIEW 1. The interview panel's responsibilities include interviewing qualified applicants and recommending to the selecting official the best qualified candidate(s). 2. The interview panel will be composed of at least three members and will be constituted as follows: at least two members higher in grade than the position being hired for and possessing knowledge of the technical skills required for the position. It is possible, and may be desirable, to have a community representative on an interview panel when the selecting official deems that that representative's input would be relevant and valuable in meeting a particular program's staffing needs. All efforts will be made to ensure objectivity, impartiality and balance on the interview panel. 3. Orientation of Panel Members 9

10 a. A panel orientation shall be provided before the interview process to establish or review criteria for selection, the minimum requirements for the position, develop an understanding of the duties and responsibilities of the position, the interview standards to be used and clarify any questions. b. Further, the panel orientation is intended to plan and ensure complete application of interviewing and rating procedures. This includes developing appropriate questions and reviewing use of interview forms. 4. Interview Process a. The interview process is a person-to-person interaction which provides the panel with an opportunity to obtain information on a combination of factors which are best assessed by direct observation, such as assessing the applicant's knowledge, skills, and abilities as expressed by the applicant in the interview. Clarification or additional information on any aspect of the applicant's qualifications, experience and professional goals and objectives may also be obtained during interviews. b. Written tests or practical skills tests are given as applicable, such as typing, accounting, etc. These tests may be given before or after an applicant's oral interview. c. After interviewing the applicants, the panel will assign an overall rating for each applicant and make its recommendation to the selecting official. 1. All applicants interviewed will be ranked in order and certified to the selecting official. Certification of all the applicants is required to prevent discrimination against other equally qualified applicants. 2. The selecting official will make his/her selection or non-selection within a reasonable period. She/he shall then announce his/her selection, sign the Certification, and forward this along with the Job Description and Application for Employment to the Human Resources Manager for further processing. In the event of non-selection, the recruitment, screening and interviewing processes will be repeated. 3. The Human Resources Manager will review the Job Description, Application for Employment, Action Notice, Rating Forms, and Certification of Best Qualified Candidates to determine the appropriateness of hire. She/he will then forward these documents to the appointing official, for his/her approval. J. NOTIFICATION OF SUCCESSFUL CANDIDATE 1. After confirmation of appointment, the successful candidate will be notified of his/her selection after a background investigation is conducted and the results are acceptable. Post offer, the successful candidate will submit to a pre-employment physical examination which includes a drug screen. 2. The candidate who is appointed to the position will have a copy of the certification placed in his/her personnel file. 10

11 K. RETENTION OF RECORDS 1. Records of applicants and interview work sheets will be retained by the selecting official for not less than two years. 2. The selecting official may, if necessary, exercise the option of calling candidates #2/#3 within the six months date of the original interview, to re-interview them to hire without readvertising. c/regsapd 11

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