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HomeMy WebLinkAbout05. Approve proposed revision to BP 031 - Use of Temporary Employees Page 1 of 4 Item 5. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETINGDATE: JULY16, 2020 SUBJECT: APPROVE PROPOSED REVISION TO BOARD POLICY NO. BP 031 — USE OF TEMPORA RY EMPL 0 YEES SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT REVIEWED BY: TEJI O'MALLEY HUMAN RESOURCES MANAGER Roger S. Bailey General Manager ISSUE Staff has been directed to present existing Board Policies to the Administration Committee for biennial review. When changes are proposed, they are scheduled for consideration by the full Board. BACKGROUND September 12, 2019 -Biennial Review On September 12, 2019, Board Policy No. BP 031 — Use of Temporary Employees was presented to the Administration Committee for biennial review. Staff proposed the addition of one sentence that would require General Manager approval for hiring temporary employees, which simply codifies current practice. See Attachment 1 for the Policy with the new sentence appearing in blue. Employee Rick Hernandez attended the September 12 Committee 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 Committee minutes summarizing Mr. Hernandez'comments: July 16, 2020 Regular Board Meeting Agenda Packet- Page 19 of 393 Amended Agenda Page 2 of 4 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 from the Policy the third and fourth bulleted reasons for using temporary employees (succession planning/retirements and backfilling vacant positions while awaiting a recruitment) pending further discussion. The Committee recommended bringing the matter back for further discussion and requested an overview of the recruitment process at that time. March 3, 2020- Overview of Recruitment Process On March 3, 2020, Human Resources Manager Teji O'Malley presented an overview of the recruitment process to the Committee, which included the rules and regulations that govern public sector recruitment processes and practices, Central San's recruitment process, and pertinent provisions of Central San's Memoranda of Understanding (MOUs). The meeting was attended by Mr. Hernandez and Local One Representative Winston Ingram. 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 for 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. They 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. Ingram, representing Local One, said he was comfortable with the information provided by Ms. O'Malley and would share her presentation with Local One's Executive Committee. Given that the presentation was meant as a discussion item only, no recommendation was sought from the Committee with respect to any proposed changes to BP 031. Complete Biennial Review Process for BP 031 At this time, staff wishes to finalize the biennial review of BP 031 by proposing the same revision that had been proposed last September. (See Attachment 1.) Ms. O'Malley received confirmation from Local One on June 16, 2020 that it was comfortable with the proposed revision. ALTERNATIVES/CONSIDERATIONS The Board could choose not to approve the proposed change or could propose other changes. FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION This matter was reviewed by the Administration Committee on September 19, 2019, March 3, 2020, and June 16, 2020. The Committee recommended Board approval. July 16, 2020 Regular Board Meeting Agenda Packet- Page 20 of 393 Page 3 of 4 RECOMMENDED BOARD ACTION Approve proposed revision to Board Policy No. BP 031 — Use of Temporary Employees, effective immediately. Strategic Plan re-In GOAL FOUR: Workforce Development Strategy 1—Proactively plan for future operational staffing needs ATTACHMENTS: 1. BP 031 (in strikeout) July 16, 2020 Regular Board Meeting Agenda Packet- Page 21 of 393 Page 4 of 4 Number: BP 031 Authority: Board of Directors Effective: August 3, 2017 Revised: Reviewed: Initiating Dept./Div.: Operations/Human Resources ' CENTRALSAN 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] July 16, 2020 Regular Board Meeting Agenda Packet- Page 22 of 393