Finance Committee Meeting - lmchd.org · Collins. Mr. Collins predicted that the next property tax disbursement of $351,117.30 would be arriving at the end of the month. Action: 1

1

Finance Committee

Meeting

May 18, 2020

2

FINANCE COMMITTEE OF THE WHOLE

LOS MEDANOS COMMUNITY HEALTHCARE DISTRICT

MONDAY, MAY 18, 2020 - 6:30 PM

In compliance with Executive Order N-25-20

MEETING CAN BE ACCESSED TELEPHONICALLY:

Dial: 310-372-7549 Access Code: 975838

Committee Members Art Fountain (Chair) J. Vern Cromartie Lee Mason Linda Strong Patt Young

Support Staff Lamar Thorpe, Executive Director Craig Collins, Accountant Nichole Gardner, Administrative Assistant

Note: Public comments are welcome before any agenda item is discussed.

1. Call to Order/Roll Call - Art Fountain, Chair

2. Public Comments

3. Review/Discuss/Recommend April 23, 2020 Finance Committee Minutes

4. Review/Discuss/Recommend approval of financial reports for March 2020 - Craig Collins, CPA

5. Review/Discuss current financial statistics - Craig Collins, CPA

6. Review/Discuss LMCHD staff salaries – Art Fountain, Chair

7. Review/Discuss LMCHD contracts and expiration dates for 2020 - Lamar Thorpe, ED

8. Suggested Future Agenda Items

9. Adjournment

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Agenda Item No. 3

☐ Community Garden ☐ District Programs & Activities ☒ Finance ☐ Outreach ☐ REAL

Purpose: To Discuss LMCHD Finance Committee issues.

Meeting Date and Time:

Monday, April 27, 2020 7:00 pm

Date and Time of Next

Meeting:

Monday, May 25, 2020 7:00 pm

Chair: ☒ Arthur Fountain

Board Members: ☒J. Vern Cromartie Ed.D.

☒Patt Young

☒Linda Strong

☒Lee Mason

Staff: ☒ Nichole Gardner, Administrative Assistant

☒ Craig Collins, LMCHD Accountant

☒ Rhonda Burke, Bookkeeper

☒ Lamar Thorpe, Executive Director

Agenda Item #1 Call to Order/Roll Call

Discussion: The meeting was called to order at 8:08 pm. All Finance Committee members and LMCHD staff were present.

Action:

☐ Needs Staff Assistance ☐ Needs to go to Full Board

Agenda Item #2 Public Comments

Discussion: There were no public comments.

Action:


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Agenda Item #3 Review of December 17, 2018 Minutes

Discussion: The Finance Committee reviewed the March 23, 2020 Finance Committee minutes. There were no modifications.

Action: 1. The minutes were accepted as written.

☒ Needs Staff Assistance ☐ Needs to go to Full Board

Agenda Item #4 Review/Discuss Financial Reports for March 2020 – Craig Collins

Discussion: Accountant Craig Collins presented a verbal report on the February 2020 financials. He highlighted the District’s assets and revenues. The Committee asked why the Accounts Payable total decreased from$15,542.23 in February to $2,000.00 in March. Bookkeeper Rhonda Burke explained that many of the bills are now being paid using the District’s Visa card. She said that bills paid with the credit card will be listed on the credit card summary rather than on the accounts payable report. She also reported that LMCHD did not have programs such as Dr. Penn’s Falls Prevention program, Veronica Baines’s Families Supporting Families and Women Supporting Women, or any Eyeglasses programs going on during the beginning period of the “Shelter in Place” order. She said that some of the legal bills, such as Hensley Law Group, were not received until April. Ms. Burke reported that the Committee would see adjustments in April when some of the legal bills and other programs have been paid and the credit card statement will be available for review.

Action: 1. There was no follow-up action recommended.


Agenda Item #5 Review/Discuss current financial statistics – Craig Collins

Discussion: The Finance Committee reviewed a financial statistics memorandum drafted by Craig Collins. Mr. Collins predicted that the next property tax disbursement of $351,117.30 would be arriving at the end of the month.

Action: 1. There was no follow-up action recommended.


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Agenda Item #6 Review/Discuss/Recommend renewal contract for Collins Accountancy Company effective April 1, 2020 – Lamar Thorpe, ED

Discussion: Executive Director Lamar Thorpe reviewed a letter explaining Accountant Craig Collins’s services and what he would be offering to the District moving forward. He stated that the elements are the same as his previous engagement letter, including financial reporting, financial statements, and internal controls. He stated that the Committee would need to move Mr. Collins’s engagement letter to the full Board for consideration and final approval and to give him direction to execute a contract with Mr. Collins. Mr. Collins stated that he shortened his engagement proposal from two years to one year. All other proposed changes were only to update dates and names of LMCHD District officers and everything else was the same as his previous engagement letter. The Committee recommended a two-year contract with Mr. Collins. Mr. Collins stated that he reduced the term to one year due to his fees being higher for other clients. He stated that if the District would agree to an increased fee, he would extend the term of his contract from one year to two years.

Action: 1. Executive Director Lamar Thorpe and Craig Collins will meet to review Mr. Collins’s contract and bring it to the next Board Meeting.

☒ Needs Staff Assistance ☒ Needs to go to Full Board

Agenda Item #7 Review/Discuss all LMCHD contracts and expiration dates for 2020 – Lamar Thorpe

Discussion: The Committee reviewed the list of contracts. Executive Director Thorpe explained that the only contract that requires updating at this time is Accountant Craig Collins’s contract. He stated that Bookkeeper Rhonda Burke’s contract is up for renewal in August 2020 and that he would work with her regarding renewal of her contract.

Action: 1. Executive Director Thorpe will work with Ms. Burke regarding renewal of her contract in August.

☒ Needs Staff Assistance ☐ Needs to go to Full Board

Agenda Item #9 Adjournment

Discussion: The meeting was adjourned at 8:44 p.m.

Action:


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Agenda Item No. 4

**These financial statements were prepared based on QuickBooks data entered as of 05/18/2020 at

9:00 AM. This does include a check dated 05/18/2020 but the bank balance may not be final and

all bank transactions may not be included, as the reports are being run earlier this month than

usual. Unrecorded bank transactions could impact revenue and expense.

ASSETS

Current Assets

Bank Accounts

10000 Bank of the West Checking 285,617.52 256,244.37 211,093.98

10200 Petty Cash 250.00 250.00 250.00

10300 LAIF - Investment Acct 0.00 0.00

10301 LAIF-General Funds 353,879.58 357,499.80 357,499.80

10302 LAIF-Reserved by Board 553,865.98 553,865.98 553,865.98

Total 10300 LAIF - Investment Acct $

907,745.56 $

911,365.78 $

911,365.78

Total Bank Accounts $

1,193,613.08 $

1,167,860.15 $

1,122,709.76

Accounts Receivable

12000 Accounts Receivable 21,622.00 21,622.00 21,622.00

Total Accounts Receivable $

21,622.00 $

21,622.00 $

21,622.00

Other Current Assets

13000 Undeposited Funds 0.00 0.00 351,117.30

13500 Prepaid Expenses 22,262.29 19,682.11 17,101.93

Total Other Current Assets $

22,262.29 $

19,682.11 $

368,219.23

Total Current Assets $

1,237,497.37 $

1,209,164.26 $

1,512,550.99

Fixed Assets

15000 Land 494,367.00 494,367.00 494,367.00

15200 Building 4,778,640.94 4,778,640.94 4,778,640.94

15500 Office Equipment 9,173.01 9,173.01 9,173.01

17200 Accumulated Depreciation -3,396,716.72 -3,410,046.26 -3,423,375.80

Total Fixed Assets $

1,885,464.23 $

1,872,134.69 $

1,858,805.15

TOTAL ASSETS $

3,122,961.60 $

3,081,298.95 $

3,371,356.14

LIABILITIES AND EQUITY Liabilities

Current Liabilities

Accounts Payable

20000 Accounts Payable 30,285.41 25,751.18 21,792.18

Total Accounts Payable $

30,285.41 $

25,751.18 $

21,792.18

Credit Cards

20200 B of A Visa 3,661.75 6,930.40 3,123.12

20210 Staples Card Payable 0.00 0.00 0.00

Total Credit Cards $

3,661.75 $

6,930.40 $

3,123.12

7

Other Current Liabilities

24000 Payroll Liabilities 4,452.81 4,541.94 5,888.99

25060 Deferred Revenue-State Mandate 21,622.00 21,622.00 21,622.00

Total Other Current Liabilities $

26,074.81 $

26,163.94 $

27,510.99

Total Current Liabilities $

60,021.97 $

58,845.52 $

52,426.29

Total Liabilities $

60,021.97 $

58,845.52 $

52,426.29

Equity

32000 PROPRIETARY FUND BALANCES 1,083,070.60 1,083,070.60 1,083,070.60

34000 Prior Yr NET INCOME 269,910.12 269,910.12 269,910.12

GOVERNMENT FUND BALANCES 0.00 0.00

33000 UNASSIGNED NET ASSETS 0.00 0.00 0.00

33100 Unassigned Funds 1,823,560.19 1,823,560.19 1,823,560.19

Total 33000 UNASSIGNED NET ASSETS $

1,823,560.19 $

1,823,560.19 $

1,823,560.19

Total GOVERNMENT FUND BALANCES $

1,823,560.19 $

1,823,560.19 $

1,823,560.19

Net Income -113,601.28 -154,087.48 142,388.94

Total Equity $

3,062,939.63 $

3,022,453.43 $

3,318,929.85

TOTAL LIABILITIES AND EQUITY $

3,122,961.60 $

3,081,298.95 $

3,371,356.14

Note on Building Value Above

Any improvements made by the County during the lease term are not included in the building

value recognized here.

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10000 Bank of the West Checking

Date Ref No. Type Payee Memo Payment Deposit Balance

04/03/2020 DD Check QuickBooks Payroll Service Processing Fee 5.25 256,239.12

04/03/2020 DD Bill Payment RLB Bookkeeping Bookkeeping March 2020 1,000.00 255,239.12

04/03/2020 DD Bill Payment Kevin Temple Outreach Videos 1,250.00 253,989.12

04/03/2020 DD Bill Payment Lloyd Lee Mason Board Stipend - March 2020 400.00 253,589.12


04/03/2020 DD Check Dennisha Marsh p/r: Mar 16-31, 2020 1,248.11 252,325.26

04/03/2020 DD Check Maribel Ochoa p/r: Mar 16-31, 2020 255.78 252,069.48

04/03/2020 DD Check Martha C. Hernandez Ramirez p/r: Mar 16-31, 2020 1,142.00 250,927.48

04/03/2020 DD Check Sabrina Hansen p/r: Mar 16-31, 2020 1,517.80 249,409.68

04/03/2020 DD Check Edward Hawkins p/r: Mar 16-31, 2020 776.04 248,633.64

04/03/2020 DD Check Jasmine L. Cisneros p/r: Mar 16-31, 2020 1,498.14 247,135.50

04/03/2020 DD Check Nichole Gardner p/r: Mar 16-31, 2020 1,271.16 245,864.34

04/03/2020 DD Check Lamar A Thorpe p/r: Mar 16-31, 2020 2,819.51 243,044.83

04/03/2020 DD Check Barbara S. Kee p/r: Mar 16-31, 2020 2,207.36 240,837.47


04/06/2020 DD Bill Payment Colantuono, Highsmith & Whatley, PC Legal Services 727.00 240,101.72

04/06/2020 DD Bill Payment Colantuono, Highsmith & Whatley, PC Legal Services 1,284.00 238,817.72

04/06/2020 DD Bill Payment Colantuono, Highsmith & Whatley, PC Legal Services 1,598.00 237,219.72

04/06/2020 DD Bill Payment Linda Strong Board Stipend - March 2020 400.00 236,819.72

04/06/2020 DD Bill Payment Patt Young Board Stipend - March 2020 400.00 236,419.72

04/06/2020 6010 Bill Payment Arthur Fountain Board Stipend - March 2020 400.00 236,019.72

04/06/2020 6011 Bill Payment J Vern Cromartie Board Stipend - March 2020 400.00 235,619.72

04/10/2020 ACH Check Bank of America Visa Visa Pymt on Acct 950.00 234,669.72

10

04/10/2020 ACH Check Bank of America Visa Visa Pymt on Acct 1,632.49 233,037.23

04/10/2020 ACH Check Bank of America Visa Visa Pymt on Acct 1,950.00 231,087.23

04/10/2020 EFT Check Toshiba Financial Services Copier Lease 177.27 230,909.96

04/14/2020 6012 Bill Payment City of Pittsburg Senior Covid Meals Community Benefit Funding 5,000.00 225,909.96

04/15/2020 EFT Expense EDD State P/R Taxes 1,102.68 224,807.28

04/15/2020 EFTPS Expense United States Treasury Federal P/R Taxes 4,528.04 220,279.24


04/20/2020 DD Check Jasmine L. Cisneros p/r: April 1-15, 2020 803.88 219,461.36

04/20/2020 DD Check Sabrina Hansen p/r: April 1-15, 2020 866.30 218,595.06

04/20/2020 DD Check Nichole Gardner p/r: April 1-15, 2020 822.15 217,772.91

04/20/2020 DD Check Martha C. Hernandez Ramirez p/r: April 1-15, 2020 762.31 217,010.60

04/20/2020 DD Check Lamar A Thorpe p/r: April 1-15, 2020 2,819.51 214,191.09

04/20/2020 DD Check Edward Hawkins p/r: April 1-15, 2020 714.72 213,476.37

04/20/2020 DD Check Dennisha Marsh p/r: April 1-15, 2020 767.88 212,708.49

04/20/2020 DD Check Barbara S. Kee p/r: April 1-15, 2020 1,791.78 210,916.71

04/21/2020 DD Bill Payment Marcus L Penn M.D., C.Y.T. Senior Mindful Movements 1,200.00 209,716.71


04/27/2020 DD Check Jasmine L. Cisneros p/r: Mar 16 - April 15, 2020 621.18 209,092.03

Agenda Item No. 5 To: Finance Committee of the Whole

Los Medanos Community Healthcare District

From: Craig D. Collins

Partner

Collins Accountancy Company

Date: May 18, 2020

Agenda Item: Review/Discuss current financial statistics

As of the date of this report, QuickBooks shows the following balances in the District’s Bank of

the West and Local Agency Investment Fund (LAIF) accounts. This balance may not reflect all

transactions, but should be a conservative estimate of the balance since checks are usually entered

into QuickBooks when they are written, even if they have not yet cleared the bank.

Bank of the West Checking Account $ 534,079.42

Local Agency Investment Fund Total 911,365.78

Total Cash and Investments $ 1,445,445.20

The above figures include the $351,117.30 received from the County for the April property tax

disbursement.

LMCHD Personnel Manual

Page 12 of 47

Agenda Item No. 6

LMCHD STAFF

SALARY

Sabrina Beardsley-Hansen $20.00/hour

Edward Hawkins Garden Monitor $15.00/hour

Barbara Kee - Executive Assistant/Secy. to Board

$40/hour

Maribel Ochoa- Custodian $20.00/hour

Nichole Gardner, Administative Assistant $20.00/hour Dennisha Marsh, Community Outreach Specialist

$20.00/hour

Martha Hernandez, Community Outreach Specialist

$20.00/hour

Jasmine Cisneros, Community Garden Specialist

$20.00/hour


Page 13 of 47

LOS MEDANOS COMMUNITY HEALTHCARE DISTRICT (LMCHD)

PERSONNEL MANUAL

Revised March 11, 2013


Page 14 of 47

Table of Contents

INTRODUCTORY POLICIES ................................................................................................................................ 16

1000 INTRODUCTION ............................................................................................................................................... 16 1001 INTEGRATION CLAUSE AND THE RIGHT TO REVISE

1002 EMPLOYMENT AT WILL STATUS ....................................................................................................................... 16 1003 EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................................. 17 1004 ANTI- HARASSMENT POLICY ............................................................................................................................. 6

EMPLOYMENT POLICIES AND PRACTICES .................................................................................................. 19

2000 HIRING PROCESS ............................................................................................................................................... 8 2001 CATEGORIES OF EMPLOYMENT ......................................................................................................................... 8

Regular Employees .............................................................................................................................................. 8 Regular Full-Time Employees ............................................................................................................................ 20 Regular Part-time Employees .............................................................................................................................. 9 Temporary Employees .......................................................................................................................................... 9

2002 NEW EMPLOYEE INTRODUCTORY PERIOD ......................................................................................................... 9

2003 JOB DUTIES ...................................................................................................................................................... 9 2004 OFFICE SECURITY ........................................................................................................................................... 10 2005 TIMEKEEPING AND PAY DATES ....................................................................................................................... 10 2006 PERSONNEL RECORDS ..................................................................................................................................... 10 2007 COMPENSATION .............................................................................................................................................. 11

Rates of Pay ....................................................................................................................................................... 11 Salary Structure ................................................................................................................................................. 11 Salary Increases ................................................................................................................................................. 11 Payroll Deductions ............................................................................................................................................ 11

2008 OVERTIME AND COMPENSATORY TIME .......................................................................................................... 12 Overtime ............................................................................................................................................................. 12

2009 PERFORMANCE AND SALARY REVIEWS........................................................................................................... 12 2010 CONFLICTS OF INTEREST ................................................................................................................................. 13 2011 DISCIPLINARY ACTION ................................................................................................................................... 14

Oral Warning ..................................................................................................................................................... 14 Written Warning ................................................................................................................................................. 14 Probation ........................................................................................................................................................... 14 Immediate Suspension ........................................................................................................................................ 15

2013 SEPARATION OF EMPLOYMENT ................................................................................................................... 15

STANDARDS OF CONDUCT ................................................................................................................................. 15

3000 PROHIBITED CONDUCT ................................................................................................................................... 15 3001 DRUG AND ALCOHOL ABUSE .......................................................................................................................... 16 3002 CONFIDENTIALITY .......................................................................................................................................... 29 3003 MEDIA CONTACTS .......................................................................................................................................... 17

OPERATIONAL CONSIDERATIONS .................................................................................................................. 18

4000 PERSONAL USE OF SUPPLIES AND TELEPHONES .............................................................................................. 18 Materials, Supplies, and Equipment .................................................................................................................. 18 Telephones ......................................................................................................................................................... 18

4001 REIMBURSEMENT OF WORK EXPENSES ........................................................................................................... 18 Definition ........................................................................................................................................................... 18 Transportation ................................................................................................................................................... 18 Travel ................................................................................................................................................................. 30

4002 HEALTH AND SAFETY

4003 USE OF CALL PHONE WHILE DRIVING ON LMCHD BUSINESS ............................................................................. 19

4004 USE OF ELECTRONIC MEDIA ............................................................................................................................. 19


Page 15 of 47

4005 USE OF SOCIAL MEDIA ..................................................................................................................................... 31

EMPLOYEE BENEFITS .......................................................................................................................................... 35

5000 HOLIDAYS ....................................................................................................................................................... 23 5001 VACATIONS..................................................................................................................................................... 23 5002 INSURANCE BENEFITS ..................................................................................................................................... 24

Disability Insurance ........................................................................................................................................... 24 Unemployment Compensation ........................................................................................................................... 24 Social Security.................................................................................................................................................... 24 Workers' Compensation ..................................................................................................................................... 24

5003 SICK LEAVE AND EMERGENCY LEAVE ............................................................................................................ 25

5004 KIN CARE LEAVE ............................................................................................................................................. 26 5005 BEREAVEMENT LEAVE .................................................................................................................................... 26 5006 JURY DUTY OR WITNESS LEAVE ..................................................................................................................... 26 5007 UNPAID LEAVE OF ABSENCE........................................................................................................................... 27 5009 WORKERS’ COMPENSATION ............................................................................................................................ 27

5010 PREGNANCY DISABILITY LEAVE ...................................................................................................................... 28 CONFIRMATION OF RECEIPT OF PERSONNEL MANUAL

Nothing contained in or implied by this manual creates or shall be deemed to create or

constitute a contractual obligation to employees on the part of LMCHD. The policies,

procedures, and guidelines contained in this manual are subject to change at any time, do

not confer any obligation on the part of LMCHD, and do not create any right to be

employed by LMCHD.


Page 16 of 47

INTRODUCTORY POLICIES

1000 INTRODUCTION

LMCHD is a community healthcare district, established in 1946 for the purpose of

advancing solutions to health disparities.

LMCHD considers its staff to be a valuable asset. Furthermore, LMCHD believes that a

clear understanding of the working agreement between LMCHD and its employees is the

basis for a harmonious and productive environment. This document has been developed

to explain what LMCHD offers to and expects of its staff.

Policies are not immutable; conditions and attitudes do change. Suggestions are always

welcome. It is, furthermore, an underlying assumption of this manual that special and

unique situations may be resolved through the cooperative efforts of all concerned.

However, any changes will be at the pleasure of the Board of Directors of the LMCHD

(“the Board”).

1001 INTEGRATION CLAUSE AND THE RIGHT TO REVISE

This personnel manual contains the employment policies and practices of LMCHD in

effect at the time of publication.

LMCHD reserves the right to revise, modify, delete, or add to any and all policies,

procedures, work rules, or benefits stated in this handbook or in any other document.

However, any such changes must be in writing and must be signed by the Executive

Director and approved by the Board of Directors.

Any written changes to this handbook will be distributed to all employees so that

employees will be aware of the new policies or procedures. No oral statements or

representations can in any way change or alter the provisions of this handbook.

Nothing in this handbook, or in any other personnel document, creates or is intended to

create a promise or representation of continued employment for any employee.

1002 Employment At Will Status

LMCHD employees are employed on an at-will basis. Employment at-will may be

terminated with or without cause and with or without notice at any time by the employee

or LMCHD. Nothing in this handbook shall limit the right to terminate at-will

employment. No manager or employee of LMCHD has any authority to enter into an

agreement for employment for any specified period of time or to make an agreement for


Page 17 of 47

employment on other than at-will terms. The “employment at-will” relationship can only

be changed by an agreement, in writing, specifically modifying this relationship, signed

by the Executive Director or President of the Board with approval of the full Board.

1003 EQUAL EMPLOYMENT OPPORTUNITY

The LMCHD is an equal opportunity employer and makes employment decisions on the

basis of merit. We want to have the best available persons in every job. Our policy

prohibits unlawful discrimination based on race, color, creed, gender (including gender

identity and gender expression), religion (all aspects of religious beliefs, observance or

practice, including religious dress or grooming practices) marital status, registered

domestic partner status, age, national origin or ancestry, physical or mental disability,

medical condition (including cancer or a record or history of cancer, and genetic

characteristics), sex (including pregnancy, childbirth, breastfeeding or related medical

condition), genetic information, sexual orientation, veteran status or any other

consideration made unlawful by federal, state, or local laws. It also prohibits unlawful

discrimination based on the perception that anyone has any of those characteristics, or is

associated with a person who has or is perceived as having any of those characteristics.

Discrimination can also include failing to reasonably accommodate religious practices or

qualified individuals with disabilities where the accommodation does not pose an undue

hardship.

All such discrimination is unlawful.

The LMCHD is committed to compliance with all applicable laws providing equal

employment opportunities. This commitment applies to all persons involved in our

operations and prohibits unlawful discrimination by any employee of the LMCHD,

including supervisors and coworkers.

If you believe you have been subjected to any form of unlawful discrimination, submit a

written complaint to your supervisor or the individual with day-to-day personnel

responsibilities. Your complaint should be specific and should include the names of the

individuals involved and the names of any witnesses. If you need assistance with your

complaint, or if you prefer to make a complaint in person, contact the Executive Director.

If the Executive Director is involved in the incident, the employee should report the

incident to the Board President. The LMCHD will immediately undertake an effective,

thorough, and objective investigation and attempt to resolve the situation.

If the LMCHD determines that unlawful discrimination has occurred, effective remedial

action will be taken commensurate with the severity of the offense. Appropriate action

also will be taken to deter any future discrimination. The LMCHD will not retaliate

against you for filing a complaint and will not knowingly permit retaliation by

management employees or your coworkers.


Page 18 of 47

To comply with applicable laws ensuring equal employment opportunities to qualified

individuals with a disability, the LMCHD will make reasonable accommodations for the

known physical or mental limitations of an otherwise qualified individual with a

disability who is an applicant or an employee, unless undue hardship would result.

Any applicant or employee who requires an accommodation in order to perform the

essential functions of the job should contact the Executive Director with day-to-day

personnel responsibilities and discuss the need for an accommodation. The LMCHD will

engage in an interactive process with the employee to identify possible accommodations,

if any, that will help the applicant or employee, perform the job. An applicant or

employee who requires an accommodation of a religious belief or practice (including

religious dress and grooming practices, such as religious clothing or hairstyles) job

should contact the Executive Director with day-to-day personnel responsibilities and

discuss the need for an accommodation. If the accommodation is reasonable and will not

impose an undue hardship, the LMCHD will make the accommodation.

1004 ANTI- HARASSMENT POLICY

The LMCHD is committed to providing a work environment free of harassment,

disrespectful or other unprofessional conduct. Our policy prohibits conduct that is

disrespectful, unprofessional as well as harassment based on sex (including pregnancy,

childbirth, breastfeeding or related medical conditions), race, religion (including religious

dress and grooming practices), color, gender (including gender identity and gender

expression), national origin or ancestry, physical or mental disability, medical condition,

genetic information, marital status, registered domestic partner status, age, sexual

orientation or any other basis protected by federal, state or local law or ordinance or

regulation. All such conduct violates LMCHD policy. Our anti-harassment policy

applies to all persons involved in the operation of the LMCHD and prohibits harassment,

disrespectful or unprofessional conduct by any employee of LMCHD, including

supervisors and managers, as well as vendors, customers, independent contractors and

any other persons. It also prohibits harassment, disrespectful or unprofessional conduct

based on the perception that anyone has any of those characteristics, or is associated with

a person who has or is perceived as having any of those characteristics.

Prohibited harassment, disrespectful or unprofessional conduct includes, but is not

limited to, the following behavior:

• Verbal conduct such as epithets, derogatory jokes or comments, slurs or

unwanted sexual advances, invitations or comments;

• Visual displays such as derogatory and/or sexually-oriented posters,

photography, cartoons, drawings or gestures;


Page 19 of 47

• Physical conduct including assault, unwanted touching, intentionally

blocking normal movement or interfering with work because of sex, race or any

other protected basis;

• Threats and demands to submit to sexual requests as a condition of

continued employment, or to avoid some other loss and offers of employment

benefits in return for sexual favors;

• Retaliation for reporting or threatening to report harassment; and

• Communication via electronic media of any type that includes any

harassing conduct that is prohibited by state and/or federal law, or by company

policy.

If you believe that you have been the subject of harassment or other prohibited conduct,

bring your complaint to the Executive Director. If the Executive Director is involved in

the incident, the employee should report the incident to the Board President. You will be

asked to provide details of the incident or incidents, names of individuals involved and

names of any witnesses. It would be best to communicate your complaint in writing, but

this is not mandatory. The LMCHD will immediately undertake an effective, thorough

and objective investigation of the allegations.

If the LMCHD determines that harassment or other prohibited conduct has occurred,

effective remedial action will be taken in accordance with the circumstances involved.

Any employee determined by the LMCHD to be responsible for harassment or other

prohibited conduct will be subject to appropriate disciplinary action, up to, and including

termination. The Executive Director will advise all parties concerned of the results of the

investigation. The LMCHD will not retaliate against you for filing a complaint and will

not tolerate or permit retaliation by management, employees or co-workers.

We encourage all employees to report any incidents of harassment or other prohibited

conduct forbidden by this policy immediately so that complaints can be quickly and

fairly resolved. You also should be aware that the Federal Equal Employment

Opportunity Commission and the California Department of Fair Employment and

Housing investigate and prosecute complaints of prohibited harassment in employment.

If you think you have been harassed or that you have been retaliated against for resisting

or complaining, you may file a complaint with the appropriate agency. The nearest office

is listed in the telephone book.

EMPLOYMENT POLICIES AND PRACTICES

2000 HIRING PROCESS


Page 20 of 47

The Executive Director is responsible for initiating the hiring process. The Executive

Director shall review applicants and their applications/ resumes. An appropriate

screening process, including evaluation criteria, interview process, and reference checks

shall be established. No screening device, application procedure, or evaluation criteria

shall discriminate on the basis of any non-job-related factor as delineated in the Equal

Employment Opportunity section of this manual.

Upon completion of the hiring process, the Executive Director will make a

recommendation regarding their choice(s) for the position to the Board. The Board

reserves the right to conduct additional interviews or seek additional information. Once

the Board makes the final determination, the Executive Director shall offer the position to

the candidate, and complete any final negotiations. Applicants not selected for the

position shall receive a written notice of their status as soon as possible.

When hiring an Executive Director, the Board shall appoint an ad hoc Hiring Committee

composed of members of the Board. The Board will make the final hiring decision.

All resumes, application forms, monitoring forms (including information regarding age,

race, and sex), test results, interview notes, and any other documentation of the selection

process relative to all applicants, will be archived for at least twelve months following

final selection.

2001 CATEGORIES OF EMPLOYMENT

LMCHD has established the following categories of employment set forth below. All

employees are subject to withholding of FICA, federal and state income taxes, disability,

and other withholding taxes, and must complete tax forms verifying their tax filing status.

Regular Employees

Employees hired for an ongoing, designated position that have successfully completed

the introductory period. All regular employees are paid on an hourly basis or a salary

depending on their exemption status as defined by the Fair Labor Standards Act (exempt

employees are paid a salary; non-exempt employees are paid by the hour) and accrue

leave time and benefits as outlined in this manual.

Regular Full-Time Employees

Regular full-time employees work a schedule of 40 hours or more per week. Following

the completion of the introductory period, regular full-time employees are eligible for full

benefits. Accrual of leave begins on the employee’s hire date.


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Regular Part-time Employees

Regular part-time employees work 39 hours per week or less. Following the completion

of the introductory period, they are eligible for partial benefits. Pro rata accrual of leave

begins on the employee’s hire date, but only if he or she is working 20 hours or more per

week.

Temporary Employees

Temporary employees work for a set hourly wage to handle a specific project or to

temporarily augment or substitute for regular staff. A temporary employee is not entitled

to retirement or health insurance benefits or paid time-off (unless specifically approved

by the Board); however, other provisions of this manual shall apply to temporary

employees. There is no guaranteed number of hours of work for temporary employees.

2002 NEW EMPLOYEE INTRODUCTORY PERIOD

The first ninety (90) days of continuous employment at LMCHD is considered an

introductory period. During this time, the employee can appraise the LMCHD and job

content, and the LMCHD has a similar opportunity to appraise the employee’s

performance. At the LMCHD’s discretion, an employee's introductory period may be

extended one or more times.

Midway through the introductory period and at the conclusion of the introductory period,

the LMCHD will conduct an informal review. If we find your performance satisfactory

and decide to continue your employment, we will advise you of any improvements

expected from you. At that time, you may express suggestions to improve our efficiency

and operations. Completion of the introductory period does not entitle you to remain

employed for any definite period of time, but rather allows both you and the LMCHD to

evaluate whether or not you are right for the position.

2003 JOB DUTIES

During the introductory period, the Executive Director will explain your job

responsibilities and the performance standards expected of you. Be aware that your job

responsibilities may change at any time during your employment. From time to time, you

may be asked to work on special projects or to assist with other work necessary or

important to the operation of LMCHD. Your cooperation and assistance in performing

such additional work is expected.

LMCHD reserves the right, at any time, with or without notice, to alter or change job

responsibilities, reassign or transfer job positions, or assign additional job

responsibilities.


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2004 OFFICE SECURITY

All employees are responsible for due diligence in the protection of the LMCHD’s

premises, equipment, files, and supplies. LMCHD is not responsible for damage or loss

of staff’s personal property.

2005 TIMEKEEPING AND PAY DATES

Each employee will maintain a twice-monthly time sheet as an accurate daily record of

all hours worked. All absences, both authorized and unauthorized, shall be recorded.

The time sheet must be submitted to the Executive Director or his/her designee for

verification and signature. The signed timesheet will become part of the employee's

permanent employment file. Failure to provide accurate twice-monthly time sheets will

lead to disciplinary action.

Regular employees and temporary employees will be paid on the 5th and the 20th day of

each month, or on the preceding business day if the 5th or the 20th falls on a weekend or

holiday.

2006 PERSONNEL RECORDS

A confidential personnel record for each employee will be established at the time the

employee is hired. The confidential personnel records of each employee are available

only to the employee, the Executive Director, and the Board President (or Board

Secretary), or as required by law. Employees may review their personnel records during

normal business hours, at a time mutually convenient to LMCHD and employee. Nothing

contained in the personnel file is to be removed by the employee while reviewing the file.

At a minimum the record will contain the following items:

• Employee resume/application form

• W4 Form (Employee Withholdings)

• Form I-9 (Employment Eligibility Verification)

• Employee Emergency Information

• Copy of Acknowledgment of Receipt (of Personnel Policies)

• Copy of Employee’s Job Description

• Personnel Action Form/Evaluation

• Any Correspondence

• Confirmation of Receipt of Personnel Manual


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Disclosure of personnel information to outside sources, other than your designated

representative, will be limited. However, the LMCHD will cooperate with request from

authorized law enforcement or local, state, or federal agencies conducting official

investigations and as otherwise legally required.

LMCHD will only verify, not provide, information regarding an employees’ present

salary, position, or employment to prospective creditors or employers. LMCHD may not

verify information regarding an employee’s present salary, position, or employment to

prospective creditors or employers without the employee’s consent. LMCHD does not

make recommendations regarding the employment or credit worthiness of its present or

former employees.

2007 COMPENSATION Rates of Pay

LMCHD shall endeavor to ensure that, when resources permit, the rate of pay for any

position shall be comparable to the prevailing rates of similar positions in the community.

Further, LMCHD shall endeavor to ensure that pay relationships among positions within

the LMCHD are equitable, and that common criteria, including job performance, are

applied uniformly to determine compensation levels for individual staff members.

Salary Structure

The REAL Committee shall annually recommend a salary structure documenting wage

and salary grades or ranges for each job classification within the organization to be

approved by the Board. The Executive Director shall make a recommendation regarding

individual compensation levels within the approved grades or ranges.

Salary Increases

Each employee’s work performance will be reviewed annually a few weeks before the

end of the fiscal year. Raises, if any, will be based on a formal regular performance

review/evaluation of each employee’s performance during the past year. Raises are also

contingent on amount of funds available and are at the absolute discretion of the Board

with input from the Executive Director.

Payroll Deductions

All salary deductions are itemized on a paycheck stub. Any questions regarding the

computation of these or other deductions should be directed to the Executive Director or

his/her designee. Approved salary deductions include (but are not limited to):

• Federal and State Income Taxes

• FICA


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• Medicare

• State Disability Insurance

Health Insurance

2008 OVERTIME

As necessary, employees of LMCHD may be required to work beyond their normal scheduled

hours. In these instances, the policy of LMCHD is to reimburse hourly employees for any

overtime worked in accordance with applicable laws. Employees may not work overtime without

prior written approval of the Executive Director. Unapproved overtime is grounds for discipline,

up to and including termination.

2009 PERFORMANCE AND SALARY REVIEWS

Performance reviews will be conducted at the following times:

• Mid-way through the introductory period for regular full-time employees;

• Toward the end of the introductory period for all employees;

• At the initiation of the Executive Director when there is job performance that is either

unusually exemplary or unsatisfactory;

• When requested in writing by an employee and approved by the Executive Director;

and/or

• Annually, prior to the end of the fiscal year.

The review process will address the following aspects of the employee’s performance:

• Ability to meet all performance criteria including accuracy, timeliness, and

completeness;

• Teamwork/Interpersonal Relations;

• Attendance;

• Adherence to policies and procedures;

• Dependability;

• Flexibility;

• Accuracy of work completed in a specific amount of time;

• Attitude; and

• Willingness to devote time which may be required to meet established timeframes

and/or special projects.

The review process may result in three categories of determination:


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1. An employee’s work is found to be more than satisfactory and consistent with the

objectives for the position.

2. An employee’s work is found to be generally satisfactory, but not wholly consistent

with the objectives set for the position. The employee will be informed as to his/her

areas of satisfactory performance and those areas that need strengthening. A written

plan for improving performance in the specified areas, with a timetable for

completion, will be established with the Executive Director.

3. An employee’s performance is found to fall below satisfactory standards and not to

approach stated job objectives. The employee will be warned of this situation by the

Executive Director and the specifics of the unsatisfactory performance discussed. A

written plan for improving performance in the specified areas, with a timetable for

completion, will be established with the Executive Director. The employee will be

informed that if his/her performance is not raised to acceptable levels within a

30-calendar-day period, the employee may be discharged.

At the end of the evaluation meeting, both parties should sign the evaluation form. The

employee will be given a copy of the evaluation, with the original being placed in the

employee's personnel file. The Executive Director will review all signed evaluations.

An employee has the right to refuse to sign an evaluation form that she or he thinks

significantly misrepresents job performance. However, the employee must sign a written

statement that they have read the evaluation.

The performance evaluation shall be considered a confidential report and shall be subject

to review only by those persons who have supervisory or administrative authority over

the employee.

2010 CONFLICTS OF INTEREST

All employees must avoid situations involving actual or potential conflict of interest. Personal or

romantic involvement with a competitor, supplier or subordinate employee of the LMCHD,

which impairs an employee's ability to exercise good judgment on behalf of the LMCHD, creates

an actual or potential conflict of interest. Supervisor-subordinate romantic or personal

relationships also can lead to supervisory problems, possible claims of sexual harassment, and

morale problems.

An employee involved in any of the types of relationships or situations described in this policy

should be aware that a potential or actual conflict may exist and is subject to further review. If an

actual or potential conflict is determined, the LMCHD may take whatever corrective action

appears appropriate according to the circumstances. Failure to disclose facts shall constitute

grounds for disciplinary action.


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2011 DISCIPLINARY ACTION

Disciplinary action will be utilized in circumstances where other forms of problem

resolution have not worked. Conduct such as rule infraction; insubordination;

misconduct; or any disregard for policies, procedures, rules, regulations, or the

performance standards for any position, may be cause for disciplinary action.

LMCHD may impose any disciplinary action that it determines, in its sole and unfettered

discretion, to be appropriate. However, LMCHD will endeavor to impose the following

types of disciplinary action, in a progressive fashion whenever possible:

Oral Warning

The Executive Director will give an oral warning to the employee about a disciplinary

matter, which clearly states the problem, its history, and a timeline for improvement. A

follow-up memo will be added to the employee's personnel file.

Written Warning

A statement in writing about a specific complaint or problem with a copy placed in the

employee's personnel file.

Probation

Any employee subject to disciplinary action may be placed on probationary status for a

period of up to thirty (30) calendar days. During this time the employee is to be given a

reasonable opportunity to bring conduct or performance up to standard. However, if

during this probationary period, the employee fails to show satisfactory improvement, the

employee may be terminated. Notice of placement on probationary status shall be given

to the employee in writing, at the beginning of the probationary period. A copy of this

notice shall be place in the employee’s personnel file.

Termination

The Executive Director may give the employee written notification that he/she is being

terminated, indicating the effective date. A copy of the notice will be placed in the

employee’s personnel file.


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Immediate Suspension

The Executive Director, with consultation and approval by the Board, may suspend

employees without pay for an appropriate period of time, not to exceed thirty (30) days.

An employee may be placed on immediate suspension for serious allegations or proof of

gross misconduct or incompetence. Offenses warranting immediate suspension include,

but are not limited to, threats or acts of violence, theft, sexual harassment, falsification of

records, and violation of professional ethics. An employee will be notified both verbally

and in writing of the suspension and a copy of the notice will be placed in the employee’s

personnel file. The employee will not work during this time, and if the allegations are

supported, the employee may be immediately terminated.

2012 SEPARATION OF EMPLOYMENT

Separation of employment can be the result of a voluntary resignation, mutually agreed upon

termination, or dismissal with or without cause.

Voluntary termination results when an employee voluntarily resigns his or her employment, or

fails to report to work for three (3) consecutively scheduled workdays without notice to, or

approval by the Executive Director.

An employee who plans to resign is expected to give appropriate notice (preferably at least two

weeks in advance), finish any work-related requirements, provide assistance in transitioning

his/her work, and provide forwarding information.

Upon separation of employment the employee must return all keys, supplies, or other LMCHD

property.

STANDARDS OF CONDUCT

3000 PROHIBITED CONDUCT

The following conduct is prohibited and will not be tolerated by the LMCHD. This list

of prohibited conduct is illustrative only; other types of conduct that threaten security,

personal safety, employee welfare and our operations also may be prohibited.

•Falsifying employment records, employment information, or other LMCHD records;

•Recording the work time of another employee or allowing any other employee to

record your work time, or falsifying any time card, either your own or another

employee’s;

•Theft, deliberate or careless damage or destruction of any LMCHD property, or the

property of any employee or client;


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•Removing or borrowing LMCHD property without prior authorization;

•Unauthorized use of LMCHD equipment, time, materials, or facilities;

•Provoking a fight or fighting during working hours or on LMCHD property;

•Carrying firearms or any other dangerous weapons on LMCHD premises at any

time;

•Engaging in criminal conduct whether or not related to job performance;

•Causing, creating, or participating in a disruption of any kind during working hours

on LMCHD property;

•Insubordination, including but not limited to failure or refusal to obey the orders or

instructions of a supervisor or member of management, or the use of abusive or

threatening language toward a supervisor or member of management;

•Using abusive language at any time on LMCHD premises;

•Failing to notify the Executive Director when unable to report to work;

•Unreported absence of three (3) consecutive scheduled workdays;

•Failing to obtain permission to leave work for any reason during normal working

hours;

•Failing to observe working schedules, including rest and lunch periods;

•Failing to provide a physician’s certificate when requested or required to do so;

•Sleeping or malingering on the job;

•Making or accepting personal telephone calls deemed excessive in duration during

working hours, except in cases of emergency;

•Working overtime without authorization;

•Wearing disturbing, unprofessional or inappropriate styles of dress or hair while

working;

•Violating any safety, health, security or LMCHD policy, rule, or procedure;

•Committing a fraudulent act or a breach of trust under any circumstances; and

•Committing of or involvement with any act of unlawful harassment of another

individual.

This statement of prohibited conduct does not alter LMCHD’s policy of at-will

employment. Either you or the LMCHD remains free to terminate the employment

relationship at any time, with or without reason or advance notice.


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3001 DRUG AND ALCOHOL ABUSE

LMCHD has a responsibility to maintain a safe and efficient work environment, free of

illegal drugs, controlled substances, and alcohol abuse. Every employee of LMCHD has

a responsibility to perform his/her duties in accordance with the highest standards of

conduct, through a high level of productivity, reliability, safety, and judgment. The use

of illegal drugs or controlled substances and the abuse of alcohol are incompatible with

this responsibility.

LMCHD prohibits the unlawful use, distribution, or possession of illegal drugs or

controlled substances while on its property. Furthermore, an employee may not sell

drugs, controlled substances, or alcohol to another employee or to a constituent while

such employee is at work. (The list of controlled substances includes, but is not limited

to, marijuana, heroin, PCP, cocaine, and amphetamines.)

Violation of this policy will be grounds for disciplinary action, up to and including

termination. Additionally, employees who are involved in off-the-job illegal drug

activity or alcohol related offenses might be considered to be in violation of this policy.

3002 CONFIDENTIALITY

Each employee is responsible for safeguarding confidential information obtained during

employment. In the course of your work, you may have access to confidential

information regarding fellow employees, or LMCHD. It is your responsibility not to

reveal or divulge any such information unless it is necessary for you to do so in the

performance of your duties. Access to confidential information should be on a "need-to-

know" basis and must be authorized by the Executive Director. Any breach of this policy

will not be tolerated, and may result in disciplinary action and/or termination.

3003 MEDIA CONTACTS

Employees may be approached for interviews or comments by the news media. Only

contact people designated by the Executive Director may comment on LMCHD policy or

events that have an impact on LMCHD. The Executive Director has been designated by

the Board to comment on LMCHD policy or events that have an impact on LMCHD.


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OPERATIONAL CONSIDERATIONS

4000 PERSONAL USE OF SUPPLIES AND TELEPHONES Materials, Supplies, and Equipment

No employee is permitted to use the LMCHD’s materials, supplies, or equipment for

personal reasons.

Telephones

Employees may only use the LMCHD’s telephones for local calls that cannot be

conducted during non-business hours or from a non-LMCHD telephone. In no case,

except as authorized by the Executive Director or his/her designee, shall personal long

distance calls be made on LMCHD telephones.

4001 REIMBURSEMENT OF WORK EXPENSES Definition

Travel, approved by the Executive Director, connected with the delivery of the LMCHD’

s services, which requires employees to use private automobiles or public transit. This

does not include commuting to or from work, or parking associated with attendance at

work.

Transportation

Reimbursement Allowances

Auto expenses Prevailing State of California rate

Parking Full cost (receipt required)

Tolls Full cost (receipt required)

Other public transit Full cost (receipt required)

Travel

Any LMCHD employee traveling on LMCHD business must have amounts for

reimbursements and travel authorization approved in advance by the Executive Director.

Means of Travel: Travel will be conducted in the most economical way possible, given

due consideration of employee’s time and inconvenience, as well as LMCHD resources.

Group travel, where feasible, is encouraged.

Allowances

Auto Prevailing Contra Costa County rate


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Air Tourist class only (receipt required)

Rail and other Full cost (receipt required)

Expenses In-state and out-of-state food and lodging,

not to exceed Contra Costa County per

diem rate (receipts required)

4002 HEALTH AND SAFETY

Every employee is responsible for the safety of himself/herself, as well as others in the

workplace. To achieve our goal of maintaining a safe workplace, everyone must be

safety-conscious at all times. In compliance with California law, and to promote the

concept of a safe workplace.

In compliance with Proposition 65, the LMCHD will inform employees of any known

exposure to a chemical known to cause cancer or reproductive toxicity.

4003 USE OF CELL PHONE WHILE DRIVING ON LMCHD BUSINESS

In the interest of the safety of our employees and other drivers, LMCHD employees are

prohibited from using cell phones while driving on LMCHD business and/or LMCHD

time. Personal and or LMCHD provided cell phones are to be turned off any time you are

driving on LMCHD business or LMCHD time. If your job requires that you keep your

cell phone turned on while you are driving, you must us a hands-free device and safely

pull off the road before conducting LMCHD business. Under no circumstances should

employees place phone calls while operating a motor vehicle on LMCHD business and/or

LMCHD time

4004 USE OF ELECTRONIC MEDIA

The LMCHD uses various forms of electronic communication including, but not limited

to computers, e-mail, telephones, personal digital assistant devices, Internet, etc. All

electronic communications, including all software, databases, hardware and digital files,

remain the sole property of the LMCHD and are to be used only for LMCHD business

and not for any personal use except as discussed below. These policies apply to use at

any LMCHD rented, owned, or managed facility.

Electronic communication and media may not be used in any manner that would be

threatening, discriminatory, harassing, offensive, or obscene, or for any other purpose

that is illegal, against LMCHD policy or not in the best interest of the LMCHD.


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Employees who misuse electronic communications and engage in defamation, copyright

or trademark infringement, misappropriation of trade secrets, discrimination, harassment,

or related actions will be subject to discipline and/or immediate termination.

The LMCHD requires that all passwords for access to voicemail and to any LMCHD

computer or software be provided to the Executive Director

Employees may not install personal software or modify existing software on LMCHD

computer systems.

All electronic information created by any employee using any means of electronic

communication is the property of the LMCHD and remains the property of the LMCHD.

Personal passwords may be used for purposes of security, but the use of a personal

password does not affect LMCHD’s ownership of the electronic information.

The LMCHD will override all personal passwords if necessary for any reason.

The LMCHD reserves the right to access and review electronic files, messages, mail, and

other digital archives, and to monitor the use of electronic communications as necessary

to ensure that no misuse or violation of LMCHD policy or any law occurs.

Employees are not permitted to access the electronic communications of other employees

or third parties unless directed to do so by LMCHD management.

Employees who use e-mail, cell phones, cordless phones, portable computers, personal

digital assistant devices and fax communications should not use these methods for

communicating confidential, classified, or sensitive information or any trade secrets.

Employees should not open e-mails or e-mail attachments unless they are familiar with

the sender because of a potential virus being transmitted.

Access to the Internet, websites, and other types of LMCHD-paid computer access are to

be used for LMCHD-related business only. E-mail and internet systems may be used for

incidental personal use during break or lunch time provided that such use does not violate

our policy or conflict with LMCHD business. The LMCHD reserves the right to disallow

personal use if this privilege is abused.

Questions about access to electronic communications or issues relating to security should

be addressed to the Executive Director

4005 USE OF SOCIAL MEDIA

The following is the LMCHD’s Use of Social Media policy. The absence or lack of

explicit reference to a specific site does not limit the extent of the application of this

policy. Where no specific policy or guideline exists, employees should use their

professional judgment, rely on common sense, and take the most prudent action possible.


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In general, the LMCHD views positively employee use of social media, including,

among others, social networking sites (e.g., Facebook and Myspace), personal Web sites,

Weblogs, Wiki forums, and content-sharing sites (e.g., YouTube and Flicker). If an

employee chooses to identify as a LMCHD employee on such Internet venues, some

readers may view the employee as a LMCHD representative or spokesperson. In light of

this possibility, the LMCHD requires that employees observe the following guidelines

when referring on the Internet to the LMCHD, its programs or activities, products,

services, clients, and/or other LMCHD employees.

• Be clear and write in first person. Make it obvious in your writing that you are

speaking for yourself and not on behalf of the LMCHD. If you choose to

comment on LMCHD matters that are public, such as posting reviews of LMCHD

products or services on social media sites, you must clearly state that you are an

employee of LMCHD. This is required by the Federal Trade Commission, in

addition to our policies.

• Even if critical, be transparent, honest, and respectful, regardless of whether your

Internet postings concern the LMCHD, other employees, clients, and/or other

affiliated entities and individuals.

• Employees must refrain from using social media for personal use during work

hours except for incidental usage (e.g., spending a moment or two checking a site

in between work activities). In no case may the use of social media interfere or

impede the employee’s completion of his/her job duties and responsibilities to the

LMCHD. Refer to our policies regarding Use of Electronic Media.

• Information published on the Internet should comply with our policies regarding

confidentiality and disclosure of proprietary information. Thus, employees must

not disclose confidential and/or proprietary information about customers, clients,

employees, or other affiliated entities or individuals without the

individual’s/entity’s express written consent. Such information includes personal

health and financial information and related proprietary information and

documents, such as trade secrets, customer lists, launch and release dates,

promotional materials, and/or pending reorganizations.

• Employees must not use social media to post or display comments that are vulgar,

threatening, intimidating, harassing, or a violation of our policies against

discrimination or harassment, or those that defame the LMCHD, its employees,

customers, clients, or other affiliated individuals or entities. See the LMCHD’s

Policy Against Harassment and its EEO policy.

• Our logos and trademarks and other proprietary information/marks may not be

used for any commercial purpose without written consent and/or for any other


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purpose that violates this policy.

Nothing about this policy is intended to interfere with employee rights to self-

organize, form, join, or assist labor organizations, to bargain collectively through

representatives of their choosing, or to engage in other concerted activities for the

purpose of collective bargaining or other mutual aid or protection, or to refrain from

engaging in such activities.

Employees are strongly encouraged to discuss with the Executive Director any

concerns they may have about their use of social media. The LMCHD may request that

employees temporarily and/or permanently suspend posted communications if we believe

it is necessary or advisable to ensure compliance with applicable laws and/or is in the

LMCHD’s best interests.

Any employee found to be in violation of any portion of this Use of Social Media

Policy will be subject to disciplinary action, up to and including termination of

employment.


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EMPLOYEE BENEFITS

5000 HOLIDAYS

The LMCHD will observe the following nine (10) paid holidays each year:

New Year’s Day Labor Day

Martin Luther King Day Veterans Day

President’s Day Thanksgiving Day

Memorial Day Day After Thanksgiving

Independence Day Christmas Day

When a holiday falls on a Saturday or Sunday, it is usually observed on the preceding

Friday or the following Monday. However, the LMCHD may close on another day.

It is also recognized and respected that for cultural, religious, or political reasons, some

staff may want to observe other holidays without pay. In such instances, staff members

are required to notify the Executive Director at least two weeks in advance.

5001 VACATIONS

Regular full-time employees will be granted annual vacation leave after completing six (6)

months of active full-time employment (or the equivalent of six months active employment for

regular part-time employees). Active service commences with an employee's first day of work

and continues thereafter unless broken by an absence without pay, a leave of absence, or

termination of employment. Regular part-time employees working twenty (20) hours or more per

week will accrue vacation time on a pro rata basis. Temporary employees do not accrue paid

vacation time.

Regular full-time employees will accrue vacation days in accordance with the following

schedule. Regular part-time employees working 20 hours or more per week will accrue vacation

time on a pro rata basis. Vacation is accrued on a monthly basis.

· Less than three (3) years: ten (10) days of paid vacation per year.

· Year three (3) through year four (4): twelve (12) days of paid vacation per year.

· Year five (5) and thereafter: fifteen (15) days of paid vacation per year.

If any holiday observed by the LMCHD falls within the annual vacation leave period, the

vacationing employee shall be entitled to one additional day of vacation leave.


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Employees accrue vacation up to a maximum of one and one-half (1-1/2) times their annual

accrual. Once the accrual cap is reached, no further vacation will accrue until some vacation is

used. When some vacation is used, vacation compensation will begin to accrue again. The

LMCHD does not grant compensation for any period of time during which the accrued vacation

compensation was at the cap

Vacation schedules should be submitted for approval to the Executive Director at least two

months in advance. In unusual circumstances, the Executive Director may approve vacation

schedules submitted less than two months in advance.

5002 INSURANCE BENEFITS Disability Insurance

Each employee contributes to the State of California to provide disability insurance

pursuant to the California Unemployment Insurance Code. Contributions are made

through a payroll deduction. Disability insurance is payable when you cannot work

because of illness or injury not caused by employment at LMCHD or when you are

entitled to temporary workers' compensation at a rate less than the daily disability benefit

amount. Specific rules and regulations governing disability are available from the

Executive Director. [discuss paid family leave under SDI program]

Unemployment Compensation

LMCHD contributes money every year to the California Unemployment Insurance Fund

on behalf of its employees.

Social Security

Social Security is an important part of every employee's retirement benefit. The LMCHD

participates in social security in accordance with law.

Workers' Compensation

LMCHD carries compensation insurance in accordance with the requirements of state

law. This insurance provides benefit payments to an employee who is injured while

working for LMCHD or becomes ill from any occupation-related disease.

Paid Family Leave Insurance Program

Paid Family Leave (PFL) insurance program is an extended disability compensation benefit to

employees who take time off work to care for a seriously ill child, spouse, parent, domestic

partner, or to bond with a new minor child for a period of up to six weeks in any 12-month

period. PFL is a component of the State Disability Insurance (SDI) Program and is funded

through employee contributions to SDI.


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An employee may file a claim for PFL benefits with the State Employment Development

Department’s (EDD) Disability Insurance Branch for the following reasons:

§ To care for a seriously ill child, spouse, parent, or domestic partner;

§ To bond with a new child; or

§ To bond with a minor child in connection with the adoption or foster care placement of that

child.

Medical certification is required when a PFL claim is filed to provide care for a seriously ill

family member. A separate certification must be completed for leave associated with the birth,

adoption, or foster care placement of a child. There is a seven-day waiting period before

receiving benefits. An employee may use accrued vacation or available unused sick time during

the waiting period. The right to collect PFL does not guarantee an employee a right to time off.

Requests for time off for a reason related to PFL will be reviewed in accordance with LMCHD

policies.

5003 SICK LEAVE AND EMERGENCY LEAVE

Regular full-time employees are eligible for paid sick leave, which accrues at the rate of

one day per month worked (for a maximum of twelve (12) days per year). Regular part-

time employees are also eligible for paid sick leave. Regular part-time employees accrue

sick leave on a pro rata basis.

Sick Leave may be used for medical appointments or family emergencies. You must

notify the LMCHD of your inability to report for work as soon as possible, preferably

within the first half hour that you are scheduled to report on the morning of the first day

absent. Failure to notify could result in an unauthorized absence (failure to report) and

leave without pay at the Executive Director’s discretion.

LMCHD reserves the right to require that after three (3) days absence, sick leave be

supported by a certificate from a health care practitioner.

LMCHD will pay you sick pay for the period of time equivalent to your accumulated sick

pay earned. You also may use any paid vacation time previously accrued. Additionally,

in the event of a prolonged illness, the Executive Director may petition the Board to grant

an extension of sick leave, within the resources of the LMCHD, on the basis of

consideration of the individual case (not to exceed 45 unpaid sick days). Such an action

must be considered a rare exception. Accrued sick leave is not paid when employment is

terminated.


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5004 KIN CARE LEAVE

Employees may use up to one-half of their yearly sick leave accrual to attend to a child,

parent, spouse, domestic partner, or domestic partner’s child who is ill. Leave for this

purpose may not be taken until it has actually accrued.

For purposes of sick leave use, a “child” is defined as a biological, foster or adopted

child, stepchild, or a legal ward. A “child” also may be someone for whom you have

accepted the duties and responsibilities of raising, even if he or she is not your legal child.

A “parent” is your biological, foster or adoptive parent, stepparent, or legal guardian.

A “spouse” is your legal spouse according to the laws of California, which do not

recognize “common law” spouses (a union that has not been certified by a civil or

religious ceremony).

A “domestic partner” is another adult with whom you have chosen to share your life in an

intimate and committed relationship of mutual caring, and with whom you have filed a

Declaration of Domestic Partnership with the Secretary of State.

A “domestic partner’s child” is the biological, foster or adopted child, stepchild, or legal

ward of your domestic partner. A “domestic partner’s child” also may be someone for

whom your domestic partner has accepted the duties and responsibilities of raising, even

if he or she is not your domestic partner’s legal child.

All conditions and restrictions placed on an employee’s use of sick leave apply also to

sick leave used for care of a child, parent, spouse, domestic partner, or domestic partner’s

child.

5005 BEREAVEMENT LEAVE

Regular employees shall be granted up to three (3) paid days of absence per year due to

death of a member of the employee’s or spouse’s family, such as a spouse, registered

domestic partner, parent, grandparent, sibling, child.

5006 JURY DUTY OR WITNESS LEAVE

5006 Jury Duty or Witness Leave

Employees summoned for jury duty or required court appearances as a result of a subpoena or

court order are considered excused from work. Employees should give the Executive Director as

much advance notice as possible, as well as provide them with a copy of the jury summons.

Employees should also keep the Executive Director informed of time requirements involved with

these activities so any necessary scheduling changes may be made in advance.


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Non-exempt employees will not be paid for the time off work resulting from jury service and

may use earned and unused vacation for this time off. Exempt employees will be paid in

accordance with state and federal law. Any monies paid by the court for jury services may be

retained by the employee.

5007 UNPAID LEAVE OF ABSENCE (NON-MEDICAL)

Regular employees may request an unpaid leave of absence for non-medical reasons for

a specific period of time not to exceed 120 days. Leave must be requested in writing.

This leave may be granted at the option of the Executive Director.

Employees on unpaid leave may maintain their benefits by paying the full premiums for

such benefits during the term of their leave. They will not earn sick or vacation leave

credit while on unpaid leave.

Employees needing a medical leave of absence should contact the Executive Director as

soon as possible after such need arises.

5008 WORKERS’ COMPENSATION

LMCHD, in accordance with state law, provides insurance coverage for employees in

case of work-related injury. To ensure that you receive any workers’ compensation

benefits to which you may be entitled you will need to:

1. Immediately report any work-related injury to the Executive Director.

2. Seek medical treatment and follow-up care if required.

3. Complete a written Employee’s Claim Form (DWC Form 1) and return it to the

Executive Director.

4. Provide LMCHD with a certification from your health care provider regarding the

need for workers’ compensation disability leave and your ability to return to work

from the leave.

Under most circumstances, upon submission of a medical certification that an employee

is able to return to work from a workers’ compensation leave, the employee will be

reinstated to his/her same position held at the time the leave began or to an equivalent

position, if available. An employee returning from a workers’ compensation leave has no

greater right to reinstatement than if the employee had been continuously employed

rather than on leave. For example, if the employee on workers’ compensation leave

would have been laid off had he/she not gone on leave, or if the employee’s position has

been eliminated or filled in order to avoid undermining LMCHD’s ability to operate

safely and efficiently during the leave, and there are no equivalent or comparable

positions available, then the employee would not be entitled to reinstatement.


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If, after returning from a workers’ compensation disability leave, an employee is unable

to perform the essential functions of his/her job because of a physical or mental

disability, LMCHD’s obligations to the employee may include reasonable

accommodation, as governed by state and federal law.

5010 – PREGNANCY DISABILITY LEAVE

Any female employee planning to take pregnancy disability leave should advise the

Executive Director as early as possible. The individual should make an appointment with

the Executive Director to discuss the following conditions:

• Duration of pregnancy disability leave will be determined by the advice of the

employee’s physician, but employees disabled by pregnancy may take up to four

months. Part-time employees are entitled to leave on a pro rata basis. The four

months of leave includes any period of time for actual disability caused by the

employee’s pregnancy, childbirth, or related medical condition. This includes

leave for severe morning sickness and for prenatal care

• The LMCHD will also reasonably accommodate medical needs related to

pregnancy, childbirth, or related conditions or temporarily transfer you to a less

strenuous or hazardous position (where one is available) or duties if medically

needed because of your pregnancy.

• Employees who need to take pregnancy disability must inform the Executive

Director when a leave is expected to begin and how long it will likely last. If the

need for a leave, reasonable accommodation or transfer is foreseeable, employees

must provide reasonable advance notice at least 30 days before the pregnancy

disability leave or transfer is to begin. Employees must consult with the Executive

Director regarding the scheduling of any planned medical treatment or supervision

in order to minimize disruption to the operations of the LMCHD. Any such

scheduling is subject to the approval of the employee’s health care provider.

• If 30 days’ advance notice is not possible, notice must be given as soon as

practical;

• Failure to give reasonable advance notice may result in delay of leave, reasonable

accommodation, or transfer.

• Upon the request of an employee and recommendation of the employee’s

physician, the employee’s work assignment may be changed if necessary to

protect the health and safety of the employee and her child;

• Pregnancy leave usually begins when ordered by the employee’s physician. The

employee must provide the Executive Director with a written certification from a


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health care provider for need of PDL, reasonable accommodation nor transferred.

The certification must be returned within 15 calendar days. Failure to do so may,

in some circumstances, delay PDL leave, reasonable accommodation or transfer.

The certification indicating the need for disability leave should contain:

o A statement that the employee needs to take pregnancy disability leave

because she is disabled by pregnancy, childbirth or related medical

condition.

o The date on which the employee became disabled due to pregnancy;

o The probable duration of the period or periods of disability; and

o If the employee needs a reasonable accommodation or transfer, a

medical certification is sufficient if it contains all of the following: a

description of the requested reasonable accommodation or transfer; a

statement that describes the medical advisability of the reasonable

accommodation or transfer because of pregnancy; and the date on which

the need for reasonable accommodation or transfer became/will become

medically advisable and the estimated duration of the reasonable

accommodation or transfer.

• Leave returns will be allowed only when the employee’s physician sends a release;

• An employee will be required to use accrued sick time (if otherwise eligible to

take the time) during a pregnancy disability leave. An employee will be allowed to

use accrued vacation or personal time (if otherwise eligible to take the time)

during a pregnancy disability leave; and

Leave does not need to be taken in one continuous period of time and may be taken

intermittently, as needed. Leave may be taken in increments of one (1) hour.

If intermittent leave or leave on a reduced work schedule is medically advisable the

employee may, in some instances, be required to transfer temporarily to an available

alternative position that meets the employee’s needs. The alternative position need not

consist of equivalent duties, but must have the equivalent rate of pay and benefits. The

employee must be qualified for the position. The position must better accommodate the

employee’s leave requirements than her regular job. Transfer to an alternative position

can include altering an existing job to better accommodate the employee’s need for

intermittent leave or a reduced work schedule.

Upon submission of a medical certification that an employee is able to return to work

from a pregnancy disability leave, an employee will be reinstated to her same position

held at the time the leave began or, in certain instances, to a comparable position, if

available. There are limited exceptions to this policy. An employee returning from a

pregnancy disability leave has no greater right to reinstatement than if the employee had

been continuously employed.


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Employees on pregnancy disability leave will be allowed to continue to participate in

group health insurance coverage for up to a maximum of four months of disability leave

(if such insurance was provided before the leave was taken) at the level and under the

conditions that coverage would have been provided if the employee had continued in

employment continuously for the duration of the leave.

In some instances, an employer can recover from an employee premiums paid to maintain

health coverage if the employee fails to return following pregnancy disability leave.

PDL may impact other benefits or a seniority date. Please contact the Executive Director

for more information.


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Confirmation of Receipt of Personnel Manual Including At-will Language

I have received my copy of the LMCHD’s personnel manual. I understand and agree that it is

my responsibility to read and familiarize myself with the policies and procedures contained in

the handbook.

I understand that except for employment at-will status, the LMCHD can change any and all

policies or practices at any time. The LMCHD reserves the right to change my hours, wages, and

working conditions at any time. I understand and agree that other than the Board of Directors of

the LMCHD has authority to enter into any agreement, express or implied, for employment for

any specific period of time, or to make any agreement for employment other than at-will; only

the Board has the authority to make any such agreement and then only in writing.

I understand and agree that nothing in this personnel manual creates or is intended to create a

promise or representation of continued employment and that employment at the LMCHD is

employment at-will; employment may be terminated at the will of either the LMCHD or myself.

My signature certifies that I understand that the foregoing agreement on at-will status is the sole

and entire agreement between the LMCHD and myself concerning the duration of my

employment and the circumstances under which my employment may be terminated. It

supersedes all prior agreements, understandings, and representations concerning my employment

with the LMCHD

Date: ________________

__________________________________________________

Employee’s Signature

__________________________________________________

Employee’s Name (Printed)

Page 44 of 47

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Agenda Item No. 7 LMCHD

CONTRACTS FOR FY 2020-2021 MOU's/VENDOR CONTRACTS Effective Date

Contract Term Expiration Date Amount

Bank of the West June 1, 2018 2 years June 17, 2020

Colantuono, Highsmith, Whatley November 29, 2017 Upon Notice Upon Termination Per contract

Craig Collins - Accountant March 8, 2020 2 years April 10, 2022 $100/hour (partners)

Craig Fechter, Auditor September 9, 2020 1 year August 1, 2021 $8,964.00

Commercial Liability Ins. - Nova Casualty Co. July 10, 2019 July 10, 2020 $7,660.00 D&O Liability Insurance - Integro Insurance Brokers February 1, 2020 1 year December 31, 2020 $21,375.00 Hensley Law Group October 4, 2018 Upon Notice Upon Termination Per contract Dr. Linder December 1, 2019 1 year December 1, 2020 Not to exceed $4,000

Logmein.com (remote computer operation) December 1, 2018 12 months November 30, 2020 $349.00

Microsoft Office October 1, 2015 12 months October 27, 2020 $349.00

Network Solutions (www.lmchd.org hosting) January 5, 2015 20 years January 1, 2035 $200.00

Protection One Alarm Monitoring Services Sept. 9, 2013 60 days notice $31.02/month Site for Sore Eyes Site Group, LLC 12/10/2019 1 year December 1, 2020 Not to exceed $4,000

Streamline Services October 1, 2015

Ongoing Upon Termination $200.00

Toshiba Lease Agreement January 15, 2016 3 years *December 31,2020 $124.00

Workers Compensation - State Fund December 1, 2019 12 months November 30, 2020 $1,935.00

*1 year lease extension - 30% discount

INDEP. CONTRACTOR SERVICES Effective Date Contract Term Expiration Date Amount

Veronica Baines April 8, 2019 Apil 8, 2021 $300/Session Beverly Bradley

November 6, 2019 1 year November 5, 2020

$32,000 ($15,000 AED Equipment)

Rhonda Burke - Bookkeeping Svcs. 2 years August 13, 2020 $1000/month + services Dr. Marcus Penn March 12, 2018 2 years March 11, 2020 $300/Session James Thomas - IT Specialist January 1, 2020 2 years December 31, 2021 Not to exceed $3,500/annually

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EMPLOYMENT SERVICES Sabrina Beardsley-Hansen N/A $20.00/hour Edward Hawkins Garden Monitor 10-Sep-19 $15.00/hour Barbara Kee - Executive Assistant/Secy. to Board March 26, 2009 N/A $40.00/hour Maribel Ochoa- Custodian July 31, 2019 N/A $20.00/hour Nichole Gardner, Administative Assistant N/A $20.00/hour Dennisha Marsh, Community Outreach Specialist $20.00/hour Martha Hernandez, Community Outreach Specialist $20.00/hour Jasmine Cisneros, Community Garden Specialist N/A $20.00/hour Lamar Thorpe, Executive Director August 12, 2019 August 1, 2022 $8,000/month

DISTRICT SPONSORED PROGRAMS Effective Date Contract Term Expiration Date Amount

Pittsburg Aquatic Program/Buchanan Swim Center July 1, 2019 1 year June 30, 2020 $10,000.00 City of Pittsburg Swim Academy July 1, 2019 1 year June 30, 2020 $20,000.00 Student Eyeglasses Program July 1, 2019 1 year June 30, 2020 $8,000.00 CPR/AEDs July 1, 2019 1 year June 30, 2020 $26,000.00 CPR Training July 1, 2019 1 year June 30, 2020 $6,000.00

St. Vincent de Paul Rota Care July 1, 2019 1 year June 30, 2020 $44,000.00 A More Excellent Way Baby Shower Program July 1, 2019 1 year June 30, 2020 $10,000.00 The Reading Advantage July 1, 2019 1 year June 30, 2020 $13,200.00 Souljahs Juneteenth Celebration/Healthcare Fair July 1, 2019 1 year June 30, 2020 $29,205.00 Board Community Benefit Grants July 1, 2019 1 year June 30, 2020 $25,000.00

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Documents

Finance Committee Meeting - lmchd.org · Collins. Mr. Collins predicted that the next property tax disbursement of $351,117.30 would be arriving at the end of the month. Action: 1