HomeMy WebLinkAbout4.a. Review Draft Position Paper Approving Revisions to BP 031- Use of Temporary EmployeesItem 4.a. BOARD OF DI RECTORS POSIT ION PA PER M E E T ING D AT E:J UNE 16, 2020 S UB J E C T: R E V I E W D R A F T P O S I T I O N PA P E R A P P R O V I NG R E V I S I O NS TO B O A R D P O L I C Y NO. B P 031 – USE OF TEMPORARY EMPL OYEES S UB M I T T E D B Y: K AT I E YO UNG, S E C R E TA RY O F T HE D I S T R I C T I NI T I AT I NG D E PART M E NT: S E C R E TA RY O F T HE D I S T R I C T RE V IE WE D B Y:T E J I O'MA L L E Y, HUMA N R E S O UR C E S MA NA G E R IS S UE Staf f has been directed to present existing Board P olicies to the A dministration C ommittee f or biennial review. I f changes are proposed by staff or the C ommittee, the changes are scheduled f or consideration by the full B oard. B AC K G RO UND September 12, 2019 - Bienni al Revi ew On S eptember 12, 2019, Board P olicy No. B P 031 – Use of Temporary Employees was presented to the Administration Committee for biennial review. S taff proposed the addition of one sentence that would require General Manager approval f or hiring temporary employees, which simply codifies current practice. See Attachment 1 for the P olicy with the new sentence appearing in blue. Employee R ick Hernandez attended the September 12 C ommittee meeting and said he had no problem with adding the proposed sentence; however, he expressed concern that the temporary employee program was sometimes being used as part of the recruitment process. Below is an excerpt from the September 12 C ommittee minutes summarizing Mr. Hernandez’ comments: The practice of using temps to fill vacant, non-entry-level positions until someone is recruited can be problematic because it can give the temp an edge over current employees who may be seeking to advance. He said it can be used as a “back door” means of getting someone in place who will have an opportunity to be groomed for the position. Mr. Hernandez recommended striking f rom the Policy the third and f ourth bulleted reasons f or using temporary employees (succession planning/retirements and backf illing vacant positions while awaiting a recruitment) pending further discussion. T he C ommittee recommended bringing the matter back for further discussion and requested an overview of the recruitment process at that time. June 16, 2020 Regular ADMIN Committee Meeting Agenda Packet - Page 4 of 23 Page 1 of 3 March 3, 2020 - Overview of Recruitment Process On March 3, 2020, Human R esources Manager Teji O’Malley presented an overview of the recruitment process to the C ommittee, which included the rules and regulations that govern public sector recruitment processes and practices, C entral San’s recruitment process, and pertinent provisions of C entral San’s Memoranda of Understanding (MO Us). T he meeting was attended by Mr. Hernandez and L ocal One R epresentative W inston I ngram. Mr. Hernandez expressed concern about past practices and internal candidates not having the same chance as someone who has been filling in as a temporary employee. A lengthy discussion took place regarding the process of recruiting permanent hires f or vacant positions. Another concern of Mr. Hernandez’ was the use of provisional employees instead of internal employees. Ms. O’Malley explained that the process of using provisional appointments has drastically reduced during her tenure. T hey are used sparingly and a Manager must justify that not filling the vacancy on a provisional basis would result in an operationally adverse impact. Mr. I ngram, representing L ocal One, said he was comfortable with the inf ormation provided by Ms. O’Malley and would share her presentation with L ocal One’s E xecutive Committee. Given that the presentation was meant as a discussion item only, no recommendation was sought f rom the C ommittee with respect to any proposed changes to B P 031. Complete Biennial Review Process for BP 031 At this time, staf f wishes to finalize the biennial review of B P 031 by proposing the same revision that had been proposed last S eptember. (S ee Attachment 1.) ALT E RNAT I V E S /C O NS I D E RAT IO NS T he B oard could choose not to approve the proposed change or could propose other changes. F I NANC IAL I M PAC T S None. C O M M I T T E E RE C O M M E ND AT IO N T his matter was reviewed by the Administration Committee on September 19, 2019, March 3, 2020, and J une 16, 2020. T he Committee recommended _______________. RE C O M M E ND E D B O ARD AC T I O N Approve proposed revision to Board P olicy No. B P 031 – Use of Temporary Employees, effective immediately. Strategic Plan Tie-I n G O A L TW O: Strive to M eet Regulatory Requirements Strategy 3 - Comply with all federal, state, and local regulations related to District administration AT TAC HM E NT S : D escription 1. B P 031 (in strikeout) June 16, 2020 Regular ADMIN Committee Meeting Agenda Packet - Page 5 of 23 Page 2 of 3 Number: BP 031 Authority: Board of Directors Effective: August 3, 2017 Revised: ________, 2020 Reviewed: Initiating Dept./Div.: Operations/Human Resources BOARD POLICY USE OF TEMPORARY EMPLOYEES PURPOSE To adopt a policy regarding the District’s use of temporary employees. POLICY The District may use temporary employees for reasons such as those listed below: • Backfilling for authorized leaves of absence • Addressing peaks in workload • Succession planning/retirements • Backfilling vacant positions while awaiting a recruitment • Assistance with special projects of a limited duration • Seasonal work The Department Director and the Human Resources Division will evaluate each request to ensure that it meets either one of the following criteria prior to approval: • Not filling the position on a temporary basis would result in an adverse impact to District operations. • It would not be cost effective to hire a permanent employee to perform the requested services. After each request is evaluated, final approval must be granted by the General Manager. [Original Retained by the Secretary of the District] June 16, 2020 Regular ADMIN Committee Meeting Agenda Packet - Page 6 of 23 Page 3 of 3