Notice of Time Change · ARC:CN:ELS. 2013 Affirmative Action Plan East Bay Municipal Utility District . 2013 Affirmative Action Plan Board of Directors John A. Coleman Katy Foulkes

BOARD OF DIRECTORSEBMUD EAST BAY MUNICIPAL UTILITY DISTRICT

375 -11th Street, Oakland, CA 94607 Office of t h e Secretary: (510) 287-0440

Notice of Time Change

LEGISLATIVE/HUMAN RESOURCESCOMMITTEE MEETING

10:00 a.m.Tuesday, March 12, 2013

Notice is hereby given that on Tuesday, March 12, 2013 the Legislative/HumanResources Committee Meeting of the Board of Directors has been rescheduled from10:15 a.m. to 10:00 a.m. The meeting will be held in the Training Resource Center ofthe Administration Building, 375 - 1 lth Street, Oakland, California.

Dated: March 7, 2013

r^ynelle M. LewisSecretary of the District

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BOARD OF DIRECTORSEBMUD EAST BAY MUNICIPAL UTILITY DISTRICT

,th375 - 1 lm Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440

AGENDA

Legislative/Human Resources CommitteeTuesday, March 12, 2013

10:00 a.m.Training Resource Center

(Committee Members: Directors Mclntosh {Chair}, Coleman and Mellon)

ROLL CALL:

P U B L I C C O M M E N T : The Board of Directors is limited by State law to providing a brief response, asking questions forclarification, or referring a matter to staff when responding to items that are not listed on the agenda.

DETERMINATION AND DISCUSSION:

1. 2013 Affirmative Action Plan (Nishita)

2. 2013 Health Plan Participation and Health Care Reform Update (Turner)

3. Legislative Report (Dumaine)• Receive Legislative Report No. 02-13 and consider positions on the following bills:

AB 115 (Perea) Safe Drinking Water State Revolving Fund; AB 284 (Quirk) Energy:Road to 2050 Board; AB 763 (Buchanan) Aquatic Invasive Plants: Control andEradication; ACA 8 (Blumenfield) Local Government Financing: Voter Approval

• Update on Legislative Issues of Interest to EBMUD

ADJOURNMENT:

Disability NoticeIf you require a disability-related modification or accommodation to participate in an EBMUD public meeting pleasecall the Office of the Secretary (510) 287-0404. We -will make reasonable arrangements to ensure accessibility. Somespecial equipment arrangements may require 48 hours advance notice.

Document AvailabilityMaterials related to an item on this Agenda that have been submitted to the EBMUD Board of Directors within 72 hoursprior to this meeting are available for public inspection in EBMUD's Office of the Secretary at 375 11th Street,Oakland, California, during normal business hours.

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EAST BAY MUNICIPAL UTILITY DISTRICT

DATE: March 7, 2013

MEMO TO: Board of Directors

THROUGH: Alexander R. Coate, General Manager

FROM: Carol Nishita, Director of Administration

SUBJECT: 2013 Affirmative Action Plan

The 2013 Affirmative Action Plan will be presented to the Legislative/Human ResourcesCommittee on March 12, 2013. The Board of Directors will consider the 2013 AffirmativeAction Plan (AA Plan) at the regular meeting on March 12,2013.

SUMMARY

The 2013 AA Plan complies with Executive Order 11246 requirements and provides usefulinformation on the effectiveness of EBMUD's good faith efforts towards removing impedimentsto equal employment opportunity during the past year.

Over the last three years, during the hiring freeze, the District has made little progress inachieving a workforce representative of the available labor force. In general, this is due to theDistrict's efforts to get "boots on the ground" in maintenance and operations jobs. It has beenchallenging to recruit qualified diverse candidates for journey-level jobs such as MaintenanceSpecialist, Truck Driver II, Machinist, Electrical Technician, and Water Treatment Operator.Prior to the hiring freeze, these hires were balanced with administrative and professional jobhires for which there are more qualified diverse candidates.

The significant workforce underutilization rates for 2013 have either stayed the same, orincreased from the 2012 rates for almost all AA groups. This is because most 2012 hires were notAA goal achieving. The District's 2012 Affirmative Action Goal achievement rate was 18%. TheDistrict's AA Goal achievement rates for the last three years have been much lower than theaverage rate (30%) achieved in the last twelve years. Since recruitment of qualified and diversecandidates is an essential strategy to reduce underrepresentation and to make progress towardsworkforce parity, the 2013 AA Plan outlines actions the District can take to generate a qualifieddiverse pool of candidates for future hires.

The 2013 Action Plan focuses on workforce areas where the District anticipates filling positionskey to operations, maintenance, infrastructure, and customer services. The District's communitypartnership efforts will focus on developing qualified diverse candidates for trainee and entry-

Board of DirectorsMarch 7, 2012Page 2

level job opportunities such as Plumber I, Machining & Maintenance Worker II, and WastewaterPlant Operator Trainee. The District has workforce underutilization in all of these jobs.

RECOMMENDATIONS

(1) Reaffirm the District's Equal Employment Opportunity Policies 1.01 and 1.07, and (2) Adoptthe 2013 Affirmative Action Plan.

DISCUSSION

EBMUD is proud to be a leader in taking legal, proactive steps in support of a diverse workforceand in removing all artificial barriers in the workplace to equal employment opportunity. As arecipient of federal funds, EBMUD is mandated by federal law to have an affirmative action planand program that complies with Executive Order 11246. EBMUD is also required to make goodfaith, effective efforts toward reaching those goals, to advise top management of programeffectiveness, and to submit recommendations to improve unsatisfactory performance.

The 2013 AA Plan complies with these requirements and provides useful information on theeffectiveness of EBMUD's good faith efforts towards removing impediments to equalemployment opportunity during the past fiscal year.

This Plan also identifies specific good faith actions that the District will implement in 2013including outreach to local veteran organizations, pre-apprenticeship programs, and local highschools and colleges. The District will also partner with local colleges to provide internships toincrease the employment readiness of potential job candidates.

ARC:CN:ELS

2013 Affirmative Action Plan

East Bay Municipal Utility District

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Board of Directors

John A. Coleman

Katy Foulkes

Andy Katz

Doug Linney

Lesa R. McIntosh

Frank Mellon

William B. Patterson

Adopted by the Board of Directors

March 2013

Alexander R. Coate, General Manager

East Bay Municipal Utility District

375 11th Street

Oakland, CA 94607

This 2013 AA Plan was prepared by the EBMUD Affirmative Action Office:

Elaine Lew-Smith, Affirmative Action Officer

Katherine Tate, Senior Human Resources Analyst

Ana Gosney, Senior Administrative Clerk

Affirmative Action & Equal Employment Opportunity 1

Table of Contents

RECOMMENDATION FOR 2013 ........................................................................................... 3 Adopt the 2013 Affirmative Action Plan and Placement Goals. ........................................ 3

DISCUSSION OF RECOMMENDATION ............................................................................. 4

Adopt the 2013 Affirmative Action Plan and Placement Goals. ........................................ 4 Workforce Underutilization ................................................................................................ 5 2013 AA/EEO Action Plan to Address Workforce Underutilization ................................. 8

Section 1 - Introduction ........................................................................................................... 19 Section 2 - EEO Policy 1.01 ..................................................................................................... 23 Section 3 – Affirmative Action Requirements ....................................................................... 27

Executive Order 11246 ..................................................................................................... 27 OFCCP Requirements for Affirmative Action ................................................................. 27 Other Applicable Affirmative Action Laws and Regulations ........................................... 28

Section 4 – Roles and Responsibilities of District Employees and Board of Directors ...... 31

Roles and Responsibilities ................................................................................................ 31 Section 5 - Evaluation of Workforce Changes and 2012 Goal Achievement ...................... 37

Introduction ....................................................................................................................... 37 Evaluation of 2012 Changes in District Workforce Underutilization ............................... 37 Evaluation of 2012 Goals Achievement............................................................................ 41 Monitoring Veteran Representation in District Workforce............................................... 43 District Affirmative Action 2012 Placement Goal Monitoring Report............................. 46

Section 6 – 2013 AA Goals and Action Plan .......................................................................... 49

2013 District Action Plan .................................................................................................. 51 Section 7 - Dissemination of the Affirmative Action Plan .................................................... 55

Effective Implementation .................................................................................................. 55 Section 8 - Prevention of Sexual Harassment in the Workplace Policy1.07 ....................... 59 Section 9 - Procedure 105 Equal Employment Opportunity (EEO) Discrimination or

Harassment Complaints ................................................................................................. 63 Section 10 - Affirmative Action Plan for Persons with Disabilities ..................................... 73 Section 11 - Affirmative Action Plan for Special Disabled Veterans and Other Protected

Veterans ........................................................................................................................... 77


APPENDIX ............................................................................................................................... 81 Glossary of Commonly Used Terms in Affirmative Action ............................................. 81 Job Group Listings ............................................................................................................ 85 Alphabetical Listing of Classifications with Corresponding Job Groups ......................... 91 Goal Setting Methodology & Workforce Analysis Data .................................................. 99


RECOMMENDATION FOR 2013

Adopt the 2013 Affirmative Action Plan and Placement Goals.

As a recipient of federal funds, EBMUD is mandated by federal law to have an affirmative action plan and program that complies with Executive Order 11246. Pursuant to these requirements, EBMUD is required to establish placement goals for job groups whenever the percentage of minorities and women employed in that job group is less than would be reasonably expected, given their availability in the labor market. The Office of Federal Contract Compliance Programs (OFCCP) regulations also require the District to take lawful affirmative action to achieve a workforce reflective of the external labor market, in compliance with federal laws and regulations. To meet this objective, the District develops and executes action-oriented programs that are designed to ensure equal employment opportunity in the workplace.


DISCUSSION OF RECOMMENDATION

Adopt the 2013 Affirmative Action Plan and Placement Goals.

The District’s Affirmative Action Placement Goals provide milestones to measure the District’s progress in achieving a workforce that is reflective of the available labor force. Over time, the federal Office of Contract Compliance Programs expects federal contractors’ workforce to be at parity with the representation of the available labor market. The AA Goals represent the annual placement rate (hiring rate) expected for each AA Group by Job Group based on their availability in the relevant labor pool. The AA goals for 2013 are shown in Table A. New goals for three job groups where representation fell 1 – 2% below parity are shown in bold font. Other workforce changes are discussed in detail in Section 5 of this plan.

Table A: 2013 AA Placement Goals

Job Group Female

African American Asian Hispanic

Goal Goal Goal Goal Directors/Managers 34% 20% Programmers 6% Analysts 68% 17% 9% Other Professionals 7% Science Professionals 47% 4% Administrative Assistants 12% General Clerical 89% 13% Customer Service 57% 18% Technicians 43% 30% Plant Operators 13% 11% 14% Plant Operators Lead/Supervisors 21% 13% 20% Lab & Quality Control Technicians 59% 10% 30% Rangers 24% 35% Engineers Supervising Engineers 21% 7% Engineering Technicians 18% 6% 12% Pipeline Maintenance 3% 9% 32% Heavy Equipment/Truck Operators 15% 10% 31% Pipeline Maintenance Lead Supervisors 5% 7% Electrical/Structural Maintenance 17% 6% 15% 18% Mechanical Maintenance 6% 7% 13% 20% Service Maintenance 27% 36%


Workforce Underutilization Table B indicates areas of significant workforce underutilization in 2013. Females have significant underutilization ranging from 5% - 19% in eight job groups. Hispanics have workforce underutilization ranging from 7% - 33% in six job groups. Significant underutilization ranges from 5% - 14% for Asians in four job groups, and African Americans are significantly underutilized (5% - 21%) in three job groups. During the last year, the District lost ground in achieving a workforce representative of the available labor force. The 2013 significant workforce underutilization rates have either stayed the same, or increased (bold font shaded in grey) from the 2012 rates for almost all AA groups. This is because most 2012 hires were not AA goal achieving. The District’s Affirmative Action Goal achievement rate was 18%. This rate is the second lowest rate achieved in the last twelve years. There was a slight decrease in the underutilization rates for females in the Technicians and Supervisory Engineers job groups, and for Hispanics in the Service Maintenance job group (white font in black). More information about 2012 hires is provided on pages 42 – 43 of this plan.

Table B: 2013 Changes in Significant (5% or Greater) Workforce Underutilization

Job Group Female African

American Asian Hispanic

2012 2013 2012 2013 2012 2013 2012 2013

Analysts (3%) 6%

Science Professionals (4%) 5%

Customer Services 8% 10% 5% 5%

Technicians 21% 19% 14% 14%

Plant Operators Lead/ Supervisory

5% 6% 9% 9%

Lab & Quality Control Technicians

15% 18%

Rangers 21% 21% 30% 33%

Supervising Engineers 8% 6%

Engineering Technicians (3%) 5% 6% 7% Pipeline Maintenance 6% 7%

Heavy Equip/Truck Operators 9% 9% 13% 15%

Electrical/Structural Maintenance 11% 13% 10% 10%

Mechanical Maintenance 5% 5%

Service Maintenance 15% 14%

The District made some progress where underutilization rates were below 5%. Four areas of minor workforce underutilization (1-3%) were eliminated during 2012. The District achieved parity for African American representation in the Programmer job group, Asian representation in the Supervising Engineer job group and Hispanic representation in the Director/Manager and Pipeline Maintenance Lead/Supervisors job groups. Parity is achieved when the District’s workforce representation of women and minorities matches the representation of these groups availability in the relevant labor market.


A. Key Areas to Address Workforce Underutilization

For the next few years the District has prioritized hiring in three areas: Operations & Maintenance, Infrastructure and Customer Services. Multiple hiring opportunities are anticipated for the following jobs during 2013:

Electrical Technician and Instrument Technician Maintenance Machinist and Plant Maintenance Mechanic Water Distribution Plumber I Wastewater Operator Trainee

Efforts to Address Electrical and Mechanical Workforce Underutilization Table C shows changes in Electrical and Mechanical workforce underutilization over the last six years. For all AA groups underutilization is increasing or remains the same. With retirements and a growing need for infrastructure maintenance, the District will have continuing employment opportunities in these areas.

Table C: Rate of Underutilization for Electrical and Mechanical Job Groups AAY 08 – 13 (Increased underutilization or no decrease in underutilization in bold.)

Job Group

Females African Americans Asians Hispanics

08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13

Electrical 7% 6% 9% 10% 11% 13% 1% N/A N/A N/A 1% 3% 7% 6% 8% 8% 10% 10% 6% 4% N/A N/A 4% 3%

Mechanical 4% 5% 4% 4% 4% 4% 5% 5% 5% 5% 5% 5% 4% 10% 3% 2% 2% 3% 7% 4% 4% 3% N/A 2%

Between January 2005 and December 2012, the District made forty-four regular, full-time journey-level skilled trades hires (Electrical Technicians, Instrument Technicians, Maintenance Machinists, and Plant Maintenance Mechanics). Table D shows the gender and race profiles for these forty-four hires; seven of the forty-four hires were made in 2012.

Table D: Journey-Level Trades Hires 2005 – 2012

Gender Race/Ethnicity

Males: 44 (100%) White: 39 (89%)

Females: 0 (0%) African American: 1 (2%)

Hispanic: 4 (9%)

Hiring at the trainee level facilitates recruitment of qualified diverse candidates. Recruitment at the trainee level provides a broader candidate pool because there are more qualified diverse candidates entering the skilled trades workforce versus the diminishing pool of journey-level candidates who are primarily from the Baby Boomer generation. Since 2006, the District has not hired at the trainee level for Electrical, Instrument, Machinist, or Plant Mechanic jobs. Two Machinist trainee hires are scheduled for FY14. Additional plans to address skilled trades workforce underutilization are described in the 2013 Action Plan, pages 9-10.


Efforts to Address Plumber Workforce Underutilization Table E shows changes in Plumber workforce underutilization over the last six years. Underutilization of Asians and Hispanics increased, while the underrepresentation of females decreased due to one female Plumber hire.

Table E: Rate of Underutilization for Pipeline Maintenance Job Group AAY 08 – 13 (Increased underutilization or no decrease in underutilization in bold.)

Job Group


08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13

Pipeline Maintenance

2% 2% 1% 2% 2% 1% N/A N/A N/A N/A N/A N/A 5% 2% 3% 3% 3% 4% 5% 6% 9% 8% 6% 7%

The trainee plumber classification is Water Distribution Plumber I (WDPI). Brief recruitments for the 2010 and 2012 WDPI exams were conducted and over one thousand applications were accepted for each exam. Female applicants were 5-6%, Asian applicants were 6-7% and Hispanic applicants were 22% of total applicants. Although female applicant representation exceeded availability (3%), only one female was certified for employment for each exam. Asian applicant representation was less than availability (9%). Asians were 10% of total hires for both exams but this hiring rate did not reduce Asian underutilization in the Plumber workforce. Hispanic applicant representation (22%) was less than availability (32%) and Hispanics were 20% of the hires from the 2010 exam and 15% of the hires from the 2012 exam. More efforts to reach qualified female, Asian and Hispanic candidates will be undertaken in the future. Extensive recruitment for the 2013 WDPI exam is planned, and outreach efforts are described in the 2013 Action Plan pages 8-9. Efforts to Address Operator Workforce Underutilization Table F shows changes in Operator workforce underutilization over the last six years. Underutilization of females and African Americans in Plant Operator jobs has remained the same for 3 years. Hispanic representation fell below parity for the first time in six years. While most vacancies due to retirements have been filled, the hiring of females, Hispanics and African Americans has been below availability rates for several years. During 2012, only journey or senior level operator hires were made and none were goal achieving. More information is provided on pages 40, 42-43.

Table F: Rate of Underutilization for Operator Job Group AAY 08 – 13 (Increased underutilization or no decrease in underutilization in bold.)

Job Group


08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13

Operators 2% 1% 4% 4% 4% 4% N/A 3% 3% 3% 3% 3% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1%

Several years ago the District joined other Bay area water and wastewater utilities in an effort to increase the local candidate pool for operator trainee jobs. These utilities contracted with Solano College to design a wastewater and water treatment training program. Sponsoring utilities provide internships for students enrolled in this program


and encourage them to take state exams to obtain mandatory certifications for operator jobs. In addition, Tri-Valley Regional Occupation Program (TVROP) and Los Medanos College offer wastewater treatment and processing operator training. Applicant data from the 2012 Wastewater Plant Operator Trainee exam included questions to identify applicants who had taken wastewater or water treatment training. Staff is currently analyzing this data to determine if this training was a factor in candidate success. Prior to the 2012 Wastewater Plant Operator Trainee exam, staff conducted outreach which included Solano and Los Medanos colleges and TVROP, and with assistance from Local 444, presented information sessions at the District’s administration building. Over 1600 applications were accepted. African American applicants were 42% of total accepted applicants, and this applicant rate far exceeded labor market availability (11%). Female applicants were 14% of the total accepted applicants and this applicant rate slightly exceeded labor market availability (13%). Hispanics were 15% of the total applicants and this slightly exceeded availability (14%). The most competitive candidates from the 2012 WWPOT exam were more diverse than previous exam administrations. There are three females, two Hispanics and one African American in the top ten ranks of the WWPOT hiring list. Three hires have been made as of March, and one of these hires was an Asian female.

2013 AA/EEO Action Plan to Address Workforce Underutilization

This Action Plan identifies workforce areas for which recruitment and staff development strategies have been developed to reduce areas of workforce underutilization. Reducing workforce underutilization is one means of measuring the District’s progress towards achieving the goal of equal employment opportunity. EBMUD’s 2013 Action Plan is focused on the following long-term outreach efforts to decrease the skills gap and increase the pool of qualified candidates living in the District’s service area for the job groups cited in the section above.

A. Plumber Candidate Development

The District anticipates hiring 20 Water Distribution Plumber trainees per year through 2018. These Plumber hires provide the greatest number of entry-level employment opportunities out of all District projected hires. The District typically receives 1,000 – 2,000 applications for the Plumber I examination because the minimum qualifications require no work experience and an eighth grade education. However, staff has prioritized outreach efforts for these jobs because there is underutilization of females, Asians and Hispanics. To encourage residents in our service area to consider employment with EBMUD, the District partnered with Laney Community College in Oakland to provide nine-week Plumber Training Programs (Waterways) in 2010 and 2012 to prepare students for


plumbing careers in the water industry. However, only one Waterways graduate successfully competed for Plumber I employment. After evaluating the performance of the graduates from the two Waterways programs, staff determined that more in-depth training including relevant hands-on work experience would increase the students’ job preparedness. Staff are currently partnering with Diablo Valley College to provide students in the 18 week Pre-Apprenticeship training program information about EBMUD employment opportunities and the civil service testing process. Graduates from this training program will be considered for Plumber internships during summer 2013, and encouraged to apply for the Plumber I exam scheduled for July 2013. Graduates from Pacific Gas & Electric’s (PG&E) “Introduction to Energy and Utility Careers for Women” training program will also be considered for the Plumber internships. EBMUD assisted PG&E with recruitment of candidates for this women only training program, and will provide guest speakers during the ten week training to inform the participants about the District’s civil service testing process. The District is also reaching out to veterans by attending an Employers Breakfast to inform graduates of the American River College pre-apprenticeship training program about the upcoming Plumber I exam. This training program is sponsored by PG&E, SMUD, and the Sacramento Transportation Regional Infrastructure Partnership in Education (STRIPE), and was designed to serve veterans wanting to enter the utility and industrial workforce. Additional outreach efforts for the Plumber I exam includes:

Participation at the National Trades Women conference in May. Presentations at local community colleges and pre-apprenticeship training

programs Exploring the feasibility of posting the Plumber I exam study materials and

orientation video on the EBMUD website. Demonstration Job Fair at the District’s Plumber Training Academy in May.

B. Skilled Trades and Operator Candidate Development

EBMUD’s partnerships with local colleges have helped the colleges to focus on skills development relevant for utility jobs; offered students experience they need to better compete for those jobs; and provided utilities with a larger, diverse and skilled candidate pool for skilled trades and operator jobs. Below are examples of work with local colleges that illustrate the District’s extensive partnership efforts to develop qualified diverse skilled trades and operator job candidates. Provide Internships to Increase Qualified Diverse Trainee Candidate Pool The District has targeted key skilled trades and operator trainee jobs for hires in FY14/15 as part of its workforce development strategy and to increase workforce diversity.


To increase the qualified diverse candidate pool for planned machine and plant mechanic maintenance trainee hires, EBMUD partnered with Laney College during the 2012 fall semester to provide fifteen week internships for five students who had earned a one year Industrial Maintenance program certificate. These interns gained hands-on skills and learned about the work of District Plant Mechanics and Machinists. The trainee exam is expected to be completed before training program students graduate in May 2013. Trainee hires are planned for early FY14. To increase the qualified diverse candidate pool for planned Plumber I hires, staff are working to provide summer 2013 Plumber internships for graduates of Diablo Valley College’s Pre-Apprenticeship program and graduates from the PG&E “Introduction to Energy & Utility Careers for Women” training program. To increase the qualified candidate pool for plant operators, EBMUD partners with Tri-Valley Regional Occupation Program (ROP) and Solano College to provide Plant Operator Internships. Wastewater and Operations staff provide four Operator internships to help students gain in-plant work experience required by the state of California to earn mandatory water and wastewater treatment certification. Bring the Class Room to the Workplace Three EBMUD Machinists volunteered to take the National Institute for Metalworking Skills (NIMS) Measurement, Materials and Safety test in January to help the Laney College Machine Technology department implement a NIMS certification program. Staff gained more insight into the skills level required of Laney Machine Technology students, and helped Laney College gain NIMS certification. This certification provides prospective employers assurance that Laney College students have been trained to meet exacting national metalworking standards. Staff will present a workshop, “An Employer’s Perspective: Partnering with Colleges to Increase Local, Qualified Diverse Job Candidates” at the California Internship & Work Experience Association 39th Annual Professional Development Conference in April. The workshop will be attended by educators from two and four year colleges seeking best practices to partner with employers. The District continues to provide tours of EBMUD plants to local College and High School instructors and students to increase understanding of District skilled trades careers. Staff continues to work with the Bay Area Community College Consortium (BACCC) and other employers from the refinery, beverage, pharmaceutical, and water/wastewater industries to develop strategies for increasing the qualified diverse Industrial Maintenance Machinist and Mechanic (IMMM) candidate pool. EBMUD, Shell and USS-POSCO offer IMMM internships, and are sharing their best practices and lessons learned so other employers can develop similar intern programs.


C. Develop District Employees

All District employees are encouraged to take a wide range of training classes and to utilize the District’s Tuition Refund Program to help them improve work performance and productivity. Also during 2013, District employees from Wastewater, Customer Services, Natural Resources and Operations & Maintenance departments will have an opportunity to be considered for an upcoming LEAD Academy to develop and enhance skills in preparation for supervisory job opportunities. The participants will complete a variety of District training and classes offered by local colleges, and participate in round table discussion sessions with District supervisors who will share their experiences.

D. Partner with Educational and Professional Organizations

Support MESA and MEP The Mathematics, Engineering, Science Achievement (MESA) program was founded in the 1970’s by UC Berkeley students concerned about low minority college student enrollment. MESA and Minority Engineering Program (MEP) programs have gained national acclaim, and the California MESA model for educational achievement in Science Technology Engineering and Math (STEM) has been replicated in over a dozen states. EBMUD engineers have volunteered to mentor and tutor MESA students, and have served as judges for MESA engineering contests at high schools and colleges. Staff continues to inform MESA and MEP coordinators when the District has Engineering internship opportunities. Continue District Intern Programs Since its inception in 1991, the Career Intern Program (CIP) has facilitated the District’s efforts to diversify its engineering workforce. There are two remaining participants in this program. One UC Berkeley graduate will complete his CIP appointment as LT Assistant Engineer with the Design Division in the Mechanical Engineering section the end of June 2013. A college Career Intern is completing his senior year at UC Davis in June 2013. No new CIP interns have been hired for this program since 2007 due to the District’s hiring freeze. The District has several other intern programs to cultivate candidates for human resources, legislative affairs, information systems, and engineering jobs. Since the hiring freeze only two student interns have been hired to support engineering infrastructure work. Provide Internships Sponsored by Partners The American Chemical Society (ACS) sponsors and funds Project SEED internships for high school students. The District’s Wastewater Laboratory has been a partner in this effort for over ten years to provide low income students opportunities to learn science and gain lab work experience. During the nine week 2012 summer program, Lab staff provided an Oakland High School student lab assignments and tours of the water and wastewater treatment plants to increase her awareness of EBMUD’s mission and District “green” job careers. Wastewater Lab staff plan to provide an internship for a Project SEED student again during summer 2013.


EBMUD also partnered with the Oakland Unified School District (OUSD) to provide summer 2012 internships for four students attending Oakland Technical and Oakland High School. These students were mentored by staff from the General Managers Office, Human Resources Department, and Engineering and Wastewater Design.

E. Continue Outreach to Youths and Veterans

EBMUD is a member of BAYWORK, a consortium of water and wastewater agencies developing and implementing collaborative and cost effective workforce strategies. Over sixty Bay area water and wastewater agencies have now participated in BAYWORK activities including development of a BAYWORK website to increase the awareness of high school students about “green” utility jobs, and to increase our visibility as “Employers of Choice”. BAYWORK outreach materials identify the qualifications required for entry-level operator, skilled trades, and engineering jobs and refer students to local training resources such as college programs. Staff also continues to outreach to local high school students, trainees from pre-apprenticeship programs, and veterans to encourage them to enroll in local college training programs to increase their job skills to become better prepared for EBMUD job opportunities. During 2013 staff will make presentations to local colleges, and attend high school and college career fairs such as the Education Summit for first generation African American, Asian, Latino, Native American and Pacific Islander high school students sponsored by the Alameda County Office of Education.

F. Respond Appropriately to EEO Concerns and Provide Diversity and EEO Training

Table G: 2012 EEO Case Load

EEO Cases Number of Cases

Informal Consultations 36 (73%) Formal Complaints 13 (27%)

Total Cases 49

Forty-nine EEO cases were resolved by the AA Office during 2012. This was a 23% increase from the forty cases handled in 2011. Similar to last year, the number of formal EEO complaints was higher than average. Staff continues to work with the complaint parties and management to investigate EEO complaints and take appropriate corrective actions. Prompt investigation and resolution of EEO concerns help to improve employee morale and productivity, and helps to reduce the District’s exposure to litigation.


EEO and Diversity Training Disability Training for District supervisors and managers was discontinued when the vendor contract expired in September 2012. Staff is exploring alternative methods for providing Disability training to new supervisors and managers. The diversity training class “Working Smart: Dealing with Differences” is offered twice a year to all employees and supervisors. The training helps participants recognize the many dimensions of diversity – personal style, education, cultural experiences, among others – and their impact in the workplace. The District will continue to provide online refresher training to meet state requirements to provide Prevention of Sexual Harassment (PSH) training to all District supervisors and managers every two years. The District also provides this training to non-supervisory employees every five years. The online training covers all forms of EEO harassment including sexual harassment, and is supplemented by AA Office and Human Resource staff meetings with work groups to review the training materials and answer questions. District Response to New California EEO Requirements

Changes To Pregnancy and Disability Discrimination Regulations

Revised regulations addressing discrimination based on pregnancy and disability took effect on December 30, 2012. Key provisions1 are shown below:

Pregnancy Regulations

o When applicable, California employers must provide a “pregnancy disability leave” or PDL independent of job-protected leave under the California Family Rights Act (CFRA), or the Family and Medical Leave Act (FMLA). Employees “disabled by pregnancy” are entitled to leave, transfer to a less strenuous or hazardous position, or other reasonable accommodation. The definition of “disabled by pregnancy” now may include a pregnant employee’s inability to perform a single essential job function. Examples of “disabled by pregnancy” include conditions such as pre-natal or postnatal medical care and post-partum depression.

o The regulations also provide guidance regarding the employer’s obligation to

provide “reasonable accommodation” to women disabled by pregnancy. The obligation to accommodate is independent of leave, unless time off is the accommodation. The regulations require employers to engage in an interactive process to determine appropriate accommodations.

1 Jennifer Brown Shaw and William D. Bishop The Daily Recorder 01-08-2013


Disability Regulations

o The regulations add guidance regarding “essential job functions” to conform to legal developments. The elements of a discrimination claim now require the employee to establish he or she can perform the job’s essential functions, with or without accommodation.

o The regulations also added detail regarding the “interactive process”

obligations for both employers and employees. Of note, an employee’s exhaustion of CFRA or FMLA medical leave is now considered notice to the employer that the employee may need an accommodation. Additionally, the regulations specify employees’ obligations to cooperate and facilitate the employers’ requests for information from the employee and his or her healthcare provider.

Staff made a presentation about the revised Pregnancy and Disability regulations to the District management team in February. Staff also updated District notices that are provided to employees who are affected by pregnancy. These notices include more information about PDL and reasonable accommodation, and inform employees about their rights to take leave, transfer, or otherwise be reasonably accommodated. The notice also informs employees about their obligation to give employers reasonable notice of their need for leave, transfer, or accommodation.

Breast-Feeding Regulations

o The California Fair Employment and Housing Act was amended by AB2386 (Alle) to prevent breast-feeding discrimination in the workplace. Although the California Labor Code already requires employers to provide accommodations for women who are breast-feeding, this new law goes a step further by providing additional recourse for women who have encountered breast-feeding discrimination.2 The Federal Labor Standards Act requires employers to provide nursing mothers private space (in a place other than a bath room) and reasonable break time to express breast milk for a period of up to one year after the birth of her child.

A second Nursing room was provided at the EBMUD Administration building to accommodate the increasing number of employees returning from pregnancy leave. Staff will continue to assess the need to provide Nursing rooms at other District facilities.

2 Joseph Naddour and Ryan Crosner, Rutan & Tucker


Expansion of Workplace Protection for Religious Dress and Grooming

Amendments to the California Fair Employment and Housing Act, which took effect January 1, 2013, expand the definition of “religious creed” to include religious dress and grooming practices as part of an individual’s religious observance or belief.

“Religious dress practice” will be construed broadly to include “wearing or carrying of religious clothing, head or face covering, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed”. Religious grooming practice includes all forms of head, facial, and body hair that are likewise part of observing an individual’s religious creed.3

Employers are required to reasonably accommodate the religious belief or observance of an individual, unless the accommodation would place an undue hardship on the conduct of business of the employer. Under the amended law, an accommodation that would segregate the individual from the public or other employees would be unreasonable.

3 Lara C. de Leon, Ogletree Deakins October 22, 2012



SECTION 1

INTRODUCTION



Section 1 - Introduction East Bay Municipal Utility District (EBMUD) is a leader in taking legal, proactive steps in support of a diverse workforce and in removing artificial barriers to equal employment opportunity in the workplace. EBMUD is firmly committed to the concept and practice of equal opportunity and legal affirmative action in all aspects of employment. This commitment is reflected in the District’s mission statement, which states that in carrying out the District’s mission, “we will promote diversity and equality in personnel matters and contracting.”

EBMUD created its first Affirmative Action Plan in 1975 and continued to develop and implement Affirmative Action Plans consistent with the guidelines set forth by the U.S. Supreme Court for voluntary affirmative action plans in United Steelworkers v. Weber (1979) 443 U.S. 193 and Johnson v. Transportation Agency (1987) 480 U.S. 616. These decisions, and others like them, looked at the reasons why Title VII of the Civil Rights Act of 1964 had been enacted – the status of minorities in the nation’s economy, racial injustice and sex discrimination, and the need to open employment opportunities for minorities and women in traditionally closed occupations – and permitted private and public employers to adopt voluntary plans designed to mitigate race and gender imbalances in traditionally segregated job categories.

Through these efforts, EBMUD has made significant progress towards achieving equal employment opportunity. Since the adoption of the first AA Plan in 1975, the representation of total minorities in the District’s workforce has increased from 24% to 45%. The representation of female employees (includes all ethnic groups) has increased from 14% to 27%. In the November 1996 General Election, Proposition 209 was passed and Section 31 was added to Article I of the California Constitution, prohibiting all state and local governmental entities from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting, unless such action must be taken to establish or maintain eligibility for federal funding. As a recipient of federal funds, EBMUD is required under Executive Order 11246 to have an affirmative action plan that conforms to federal regulatory requirements. Affirmative action required by Executive Order No. 11246 does not violate Prop. 209.

In summary, this Affirmative Action Plan includes an analysis of personnel data covering the period of July 1, 2011 through June 30, 2012, and is designed to fulfill the District’s mission to promote diversity and equality in employment in three important ways. First, the Plan ensures equal employment opportunity by institutionalizing the District’s fundamental commitment to equality in every aspect of its employment process. Second, it identifies continuing underutilization in the District’s workforce and sets goals and recommends steps to address the underutilization. In essence, the Plan requires the District to take lawful affirmative action towards achieving a workforce that would be expected in the absence of discrimination, in compliance with federal laws and regulations. Third, EBMUD is fortunate to be located in one of the most demographically diverse and dynamic areas of the United States. However, EBMUD will face shortages of qualified workers in the future unless it adopts effective and legal strategies to recruit, hire and retain a qualified diverse workforce from its labor market. The District’s Affirmative Action Plan is one of those strategies by promoting inclusive policies and programs that value, support and sustains a diverse workforce.



SECTION 2

AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

POLICY



Section 2 - EEO Policy 1.01

EBMUD Policy 1.01, “Equal Employment Opportunity (EEO)”, which requires the District to provide equal employment opportunity for all persons on the basis of job related merit, is reaffirmed by the Board of Directors March 12, 2013. Policy of Equal Employment Opportunity It is the policy of East Bay Municipal Utility District to: Provide equal employment opportunity for all persons on the basis of job related merit. Ensure fairness in all employment practices, including recruitment, selections, transfers, promotions, and training consistent with the merit principles of the District and in order to promote the full realization of equal employment opportunity. Develop and maintain an Affirmative Action Plan consistent with applicable laws. Use inclusive and creative recruitment and placement methods that will enhance District efforts to achieve a workforce composition reflective of the labor market in the community served by the District.

Discrimination Prohibit discrimination based on gender including gender identity or expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, sexual orientation; veterans, pregnancy, family or medical leave status, or any other status protected by state and federal laws. This applies to every aspect of personnel policies and practices in the employment, development, advancement and treatment of employees, including the authorization of family and medical care leave, and pregnancy disability leave.

Harassment Prohibit harassment based on the reasons listed above, and take all reasonable steps to prevent harassment from occurring.

Retaliation Retaliation against employees alleging discrimination and harassment, or involved as witnesses in a discrimination or harassment investigation is prohibited. Employees who oppose and/or refuse to participate in illegal discrimination or harassment are also protected against retaliation. East Bay Municipal Utility District will reaffirm this EEO policy statement annually and will update it to comply with state and federal laws.



SECTION 3

AFFIRMATIVE ACTION REQUIREMENTS UNDER EXECUTIVE ORDER 11246



Section 3 – Affirmative Action Requirements

Executive Order 11246 Soon after Title VII was created by the Civil Rights Act of 1964, President Lyndon Johnson signed Executive Order 11246 on September 24, 1965. This order requires employers who enter into contracts with the federal government or into subcontracts with federal contractors to take affirmative action efforts to hire and promote minorities and women. The basic concept of affirmative action soon spread through other areas of federal agency procurement or program administration, including grant or funding programs that extend these obligations to state and local government projects. The Office of Federal Contract Compliance Programs (OFCCP) was created in 1966 to administer the executive order. Together with the EEOC, the OFCCP has promulgated regulations, establishing the affirmative action requirements with which the District must comply in order to maintain its eligibility to receive federal funding.

OFCCP Requirements for Affirmative Action Under the federal regulations, an affirmative action program is a management tool designed to ensure equal employment opportunity. A central premise underlying affirmative action is that, absent discrimination, over time the District’s workforce, generally, will reflect the gender, racial and ethnic profile of the labor pools from which the District recruits and selects. Affirmative action programs contain a diagnostic component that includes a number of quantitative analyses designed to evaluate the composition of the workforce of the District and compare it to the composition of its relevant labor pools. Affirmative action programs also include action-oriented programs, under the federal regulations. If women and minorities are not being employed at a rate to be expected given their availability in the relevant labor pool, the OFCCP requires the District’s affirmative action plan to include specific practical steps designed to address this underutilization.

Most importantly, the OFCCP regulations require the District to estimate the number of qualified minorities or women available for employment in a given job group as a benchmark against which the demographic composition of the District’s workforce can be compared. When the percentage of minorities or women employed in a particular job group is less than would be reasonably expected given their availability percentage in that particular group, the federal regulations require the District to establish a placement goal for that particular job group, and to make good faith efforts toward reaching that goal.

The OFCCP regulations also require the District to advise top management of program effectiveness and submit recommendations to improve unsatisfactory performance. As stated earlier, the District’s affirmative action efforts in the past have made great strides towards achieving equal employment opportunity. However, EBMUD has many opportunities to improve, as this Plan reflects, and there are a number of good faith efforts that the District can take to remove barriers when they are identified, communicate employment opportunities, and produce measurable results to realize the goals and objectives established through this Plan.


Other Applicable Affirmative Action Laws and Regulations

East Bay Municipal Utility District has Affirmative Action Plans for covered veterans and persons with disabilities prepared in accordance with the Rehabilitation Act of 1973, Section 503, as amended and Title 41, Code of Federal Regulations, Part 60-741 (Affirmative Action Program for Handicapped Persons), the Vietnam Era Veterans' Readjustment Assistance Act of 1974, Section 4212, as amended, and Title 41 Code of Federal Regulations, Part 60-250 (Affirmative Action Program for Disabled Veterans and other veterans). The Veterans Employment Opportunities Act of 1998 (VEOA), Public Law 105-339, effective October 31, 1998, increased the threshold for coverage under VEVRAA from a contract of $10,000, or more to a contract of $25,000 or more; extended the law’s protections to “veterans who served on active duty during a war or in a campaign for which a campaign badge was authorized; and, provides temporary (up to one year) protection to veterans who do not have a service connected disability, did not see action in a foreign war and did not serve during the Vietnam era.” The Jobs for Veterans Act (JFVA), Public Law 107-288, effective December 1, 2003, increased the threshold for coverage under 38 U.S.C. §4212 from $25,000 to $100,000; grants VEVRAA protection to those veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (62 Fed. Reg. 1209); changes the definition of “recently separated veteran” to include “any veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty”; changes “Special Disabled Veterans” to “Disabled Veterans,” expanding the coverage to conform to 38 U.S.C. § 4211 (3); and, following publication of the final regulations, requires contractors to post job listings with their local employment service delivery system.


SECTION 4

ROLES AND RESPONSIBILITIES OF DISTRICT EMPLOYEES AND

BOARD OF DIRECTORS



Section 4 – Roles and Responsibilities of District Employees and Board of Directors

Roles and Responsibilities This section delineates the major Affirmative Action/Equal Employment Opportunity roles of the Board of Directors and employees at various levels of the organization.

Board of Directors

Annually reaffirms EBMUD Policies 1.01, “Equal Employment Opportunity” and 1.07 “Prevention of Sexual Harassment in the Workplace”, and adopts the annual Affirmative Action Plan and Goals. These policies require the District to provide equal employment opportunity for all persons on the basis of job related merit to comply with state and federal laws. The Board of Directors is also responsible for upholding EBMUD Policy 6.04, “Ethics Policy” which among other things requires the Board to promote diversity and equality in personnel matters and in contracting, consistent with state and federal laws.

General Manager

Upholds and models compliance with EEO policies, and establishes performance expectations in line with a work environment free of discrimination and adherence to the principles of Affirmative Action and Equal Employment Opportunity (AA/EEO). Designates the Director of Administration responsibility for overseeing the District’s Affirmative Action and EEO Program.

Director of Administration

Enforces the District’s EEO policies and programs to eliminate the under representation of women and minorities.

Ensures that necessary action is taken by all levels of management to achieve AA and EEO objectives.

Delegates to the AA Officer the responsibility and authority to interpret and uphold EEO policies, and to manage and implement the AA/EEO Program.

Affirmative Action Officer

Provides leadership and direction in the development, implementation, and evaluation of an effective Affirmative Action and Equal Employment Opportunity Program. The Affirmative Action Officer’s responsibilities include, but are not limited to, the following: Ensures that EEO Policies and AA/EEO performance standards are communicated to

all levels within the organization. Evaluates the AA/EEO performance of District management and supervisors. Identifies areas of concern including workforce underutilization and barriers to EEO,

and develops strategies and programs with management to address these problems.


Provides guidance and direction to management on the prevention and/or resolution

of problems relating to AA/EEO issues. Provides direction, evaluates, and reports on the District’s AA/EEO progress and

effectiveness at all levels of the organization. Reviews all District selections before an offer of employment is made, and provides

guidance to hiring supervisors and managers regarding job related, objective hiring criteria and candidate evaluations.

Identifies potential EEO compliance issues and works with the Human Resource Manager to ensure that personnel management policies, procedures, and practices comply with state and federal laws and EEO regulations.

Reviews recruitment efforts, exam process selection standards and other HR practices and procedures to identify potential EEO barriers and assists HR and department managers in developing remedies.

Responsible for fair, timely and thorough investigation of EEO discrimination complaints, determines when EEO policy has been violated, and works with management, General Counsel and HR staff to ensure that appropriate action is taken to resolve complaints.

Prepares annual AA Plan and presents findings and recommendations to the Board of Directors.

Ensures that EBMUD’s EEO Federal Reporting Form is completed and submitted semi-annually.

Ensures that EBMUD’s VETS-100A Federal Reporting Form is completed and submitted annually.

Oversees the District’s response to DFEH and OFCCP audits.

Manager of Human Resources

The Manager of Human Resources is responsible for ensuring that all relevant employment policies, procedures and practices adhere to EBMUD’s commitment to affirmative action and equal employment opportunity. The Manager of Human Resources’ responsibilities include, but are not limited to, the following: Ensures that employees’ qualifications for transfers and promotions are reviewed

based on job-related employment practices. Ensures that managers and supervisors are aware that their work performance is being

evaluated in part on the basis of their equal employment opportunity efforts. Monitors training programs, and hiring and promotional exams to identify and

address impediments to the attainment of AAP goals and objectives. Ensures that all new employees receive an orientation to EBMUD’s equal

employment opportunity policy and are thoroughly informed with regard to the AAP and its objectives.

Periodically analyzes applicant-tracking reports to determine if any selection processes have adverse impact on candidates based on race/ethnicity and/or sex.

Ensures that recruitment and job advertising is inclusive and includes outreach to underutilized groups.

Reviews all exam announcements and classification specifications to ensure that job requirements are valid.


Human Resources Regulatory Coordinator

The HR Regulatory Coordinator (HRRC) acts as the District’s ADAAA Compliance Officer. The HRRC responds to requests for reasonable accommodation of physical or mental disabilities covered under ADAAA and FEHA. Works with Risk Management Office staff to coordinate District response to requests for reasonable accommodations as covered under ADAAA, FEHA and worker compensation requirements.

Managers and Supervisors

The management team is responsible for ensuring that line managers and supervisors understand and carry out their AA and EEO responsibilities. All management and supervisory personnel are charged with the responsibility to meet District AA/EEO performance standards.

In addition, managers and supervisors: Model, monitor and enforce staff’s compliance with District AA/EEO policies. Promote and encourage a work environment free from discrimination and harassment. Participate in and support staff’s involvement with AA, EEO and diversity programs

and recruitment activities. Work with the AA Officer to enhance the effectiveness of the AA/EEO Program. Make good faith efforts by considering alternate methods to fill vacant positions in

order to create a diverse and qualified candidate pool. Consider all qualified candidates for promotion or hire, including candidates from

underutilized groups. Ensure that all selections are made for valid job-related reasons and without

discrimination. Respond appropriately to concerns of EEO harassment or discrimination.

All District Employees

Employees at all levels are responsible for providing support to the District’s affirmative action and equal employment opportunity program, as may be appropriate in the performance of their official duties, by assuring equal treatment, and equal access to service for all persons with whom they deal. Staff is prohibited from discriminating based on EEO protected status including gender, gender identity or expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), genetic information, sexual orientation, marital or domestic partnership status, veterans or any other status protected by state and federal laws. This also applies to every aspect of personnel policies and practices in the employment, development, advancement and treatment of employees, including the authorization of family and medical care leave, and pregnancy disability leave. All management and supervisory employees will have their job performance evaluated on the basis of their AA/EEO efforts as well as other job related criteria. Non-supervisory employees will be evaluated on their adherence to the District’s EEO policies, and positive contributions to creating an inclusive work environment.



SECTION 5

EVALUATION OF WORKFORCE CHANGES AND 2012 GOALS ACHIEVEMENT



Section 5 - Evaluation of Workforce Changes and 2012 Goal Achievement

Introduction According to OFCCP regulations, an acceptable affirmative action program must include an identification of problem areas. When the percentage of minorities or women employed in a particular job group is less than would reasonably be expected given their availability percentage in that particular job group, the District must establish a placement goal (or hiring goal). The District must then make reasonable and effective steps toward meeting those goals and addressing the underutilization.

The District is a civil service employer and hires only qualified candidates who meet our exacting job requirements. To meet our commitment to achieve a workforce representative of the available labor market, the District establishes affirmative action goals for minorities and women where underutilization exists. To determine if underutilization exists, we compare current representation in the workforce (current utilization) to the representation of the available labor market (availability). Availability is an estimate of the representation of qualified minorities and women available for employment in a given job group. When current utilization is less than availability, underutilization exists and a goal is established. Placement goals are expressed in terms of percentage (%) representation of total annual hires. Goals are not quotas. They are targets reasonably attainable by applying good faith efforts to make all aspects of the Affirmative Action program work. By establishing placement goals, the District takes responsible steps to prevent discrimination from occurring at the District, and sets a target for changes in the workforce representation of women and minorities. The goals provide a way to measure the District’s success in preventing discrimination and removing obstacles to equal employment opportunity.

Evaluation of 2012 Changes in District Workforce Underutilization During the third full AA Plan year of the hiring freeze, hiring increased from 59 hires in the prior year to 89 regular, full-time hires in AA Plan year 2012. The most significant workforce changes are shown in Table V.1 below:

Table V.1 – 2012 Significant Changes in Workforce Representation Job Group Workforce Change Reason for Change

Directors/Managers Female underutilization decreased to 1%. Asian underutilization increased.

2:3 hires were female. Not hiring Asians at rate of availability.

Programmers Parity Achieved for African Americans. 1:6 hires was African American

Analysts Increased Underutilization: Females, African Americans and Hispanics

1:2 hires was Female but hiring rate was below availability.

Supervisory Engineer Parity Achieved for Asians. 1:1 hire was Asian

Plant Operators New Goal: Hispanics Not hiring at rate of availability.

Pipeline Maintenance Lead/Supervisory

Parity Achieved for Hispanics. 5:8 hires were Hispanic

Electrical/Structural Maintenance

Increased Underutilization: Females (13%) & African American. (3%). High underutilization of Asians (10%)

2 hires but none goal achieving

Mechanical Maintenance

Increased Underutilization: Asians (3%) New goal for Hispanics (2%)

4 hires but none goal achieving


Efforts to Address Electrical and Mechanical Workforce Underutilization

Table V.2 shows changes in Electrical and Mechanical workforce underutilization over the last six years. For all AA groups underutilization is increasing or remains the same.

Table V.2 - Rate of Underutilization for Electrical and Mechanical Job Groups AAY 08 – 13 (Increased underutilization or no decrease in underutilization in bold.)

Job Group


08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13

Electrical 7% 6% 9% 10% 11% 13% 1% N/A N/A N/A 1% 3% 7% 6% 8% 8% 10% 10% 6% 4% N/A N/A 4% 3%

Mechanical 4% 5% 4% 4% 4% 4% 5% 5% 5% 5% 5% 5% 4% 10% 3% 2% 2% 3% 7% 4% 4% 3% N/A 2%

With retirements and a growing need for infrastructure maintenance, the District will have continuing employment opportunities in these areas. Since 2006, the District has not hired at the trainee level for Electrical, Instrument, Machinist, or Plant Mechanic jobs. Between January 2005 and December 2012, the District made forty-four regular, full-time journey-level skilled trades hires (Electrical Technicians, Instrument Technicians, Maintenance Machinists, and Plant Maintenance Mechanics). Table V.3 shows the gender and race profiles for these forty-four hires.

Table V.3 - Journey-Level Trades Hires 2005 – 2012 Gender Race/Ethnicity

Males: 44 (100%) White: 39 (89%) Females: 0 (0%) African American: 1 (2%) Hispanic: 4 (9%)

Recruitment at the trainee level provides a broader candidate pool because there are more qualified diverse candidates entering the skilled trades workforce versus the diminishing pool of journey-level candidates who are primarily from the Baby Boomer generation. From 2003 to 2006 the Operations & Maintenance Department hired twelve trainees who matriculated to journey-level skilled trades jobs. Table V.4 shows the diversity of these trainee hires.

Table V.4 OMD Skilled Trades Trainee Hires 2003 -2006

Skilled Trade Male Female White Hispanic Asian Native American

Electrical 3 2 2 1 1 1 Instrumentation 2 1 1 Machinist 1 1 Carpenter 1 1 Automotive Mechanic

1 1

Meter Mechanic 2 2 Total 9

(75%) 3

(25%) 8

(67%) 2

(17%) 1

(8%) 1

(8%)


During 2012, staff piloted a plan to develop diverse skilled candidates for Plant Mechanic and Machinist trainee jobs. A trainee exam was scheduled for winter 2012 to fill anticipated vacancies due to retirements in early 2013. Students earning an Industrial Maintenance or Machine Technology certificate from Laney College would be selected for fall semester internships at EBMUD so they could gain hands-on experience and increase the local, qualified diverse candidate pool for this trainee exam. This candidate development strategy was supported by Maintenance and Wastewater departments because many of their mechanic and machinist workforce are eligible for retirement, and the District faces a decrease in the number of local candidates with the skills to do these jobs due to local military base closures and two generations of high school students without access to vocational training programs. The five selected Laney College student interns gained valuable work experience and impressed EBMUD supervisors with their willingness to apply what they learned and their eagerness to develop their skills. All of the interns showed strong commitment and initiative, with one intern riding his bicycle several miles to arrive at work on time, in the rain. Additionally, many other Laney and Chabot College students completed training classes to become eligible for the upcoming trainee exam. The Plant Maintenance/ Machining & Maintenance trainee exam is scheduled for spring 2013.

Efforts to Address Plumber Workforce Underutilization

Table V.4 shows changes in Plumber workforce underutilization over the last six years. Underutilization of Asians and Hispanics increased, while the underrepresentation of females decreased due to one female Plumber hire.

Table V.4 - Rate of Underutilization for Pipeline Maintenance Job Group AAY 08 – 13 (Increased underutilization or no decrease in underutilization in bold.)

Job Group


08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13

Pipeline Maintenance

2% 2% 1% 2% 2% 1% N/A N/A N/A N/A N/A N/A 5% 2% 3% 3% 3% 4% 5% 6% 9% 8% 6% 7%

The trainee plumber classification is Water Distribution Plumber I (WDPI). Recruitment was conducted two weeks prior to the application period for the 2010 WDPI exam. 1,208 applications were received for this exam. Female applicants were 5%, Hispanics were 22% and Asians were 6% of the total applicants. Although the representation of female applicants exceeded availability, only one female candidate successfully competed and was employed of the total 18 WDPI hires. The representation of Hispanic applicants was below availability (32%), and four Hispanics were hired. The representation of Asian applicants (6%) was less than availability (9%), and two Asians were hired. In addition to email notification to Job Developers, two information sessions were held at the District Administration building prior to the 2012 WDPI exam. The representation of females and Asians increased slightly. Females were 6% and Asians were 7% of the total applicants (1,299). Hispanic applicant representation (22%) was less than availability (32%). The hiring list for the 2012 WDPI exam includes one female (3%), two Asians (7%), and four Hispanics (13%) in the top thirty ranked candidates. Extensive recruitment


for the 2013 WDPI exam, including outreach to veterans and females is planned. Detailed plans are described in the 2013 Action Plan section.

Efforts to Address Operator Workforce Underutilization

Table V.5 shows changes in Operator workforce underutilization over the last six years. Underutilization of females and African Americans in Plant Operator jobs has remained the same for 3 years. Hispanic representation fell below parity for the first time in six years. No trainee hires have been made for Water Treatment or Water Distribution Operator jobs for several years. The District will continue to hire Wastewater Plant Operator Trainees (WWPOT) for the next few years as 28% of WW Operators (67 positions) and 25% of Operators in Lead/Supervisory positions (16 positions) are currently eligible for retirement.

Table V.5 - Rate of Underutilization for Operator Job Group AAY 08 – 13 (Increased underutilization or no decrease in underutilization in bold.)

Job Group


08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13 08 09 10 11 12 13

Operators 2% 1% 4% 4% 4% 4% N/A 3% 3% 3% 3% 3% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1%

For both the 2010 and 2012 Wastewater Plant Operator Trainee (WWPOT) exam, staff sent email notifications to Job Developers and training program contacts, and presented two information sessions at the District Administration building. Local 444 union officers assisted with the information session presentations. Over 3700 applicants were accepted for the 2010 WWPOT exam and over 1600 applicants were accepted for the 2012 exam.

Table V.6 - WWPOT Exam Results for Underutilized Groups WWPOT

Exam Total

Applicants Female

Applicants African American

Applicants Hispanic

Applicants Total Hired

Underutilized CandidatesHired

2010 3700+ 24% 56% 11% 8 1 Female

2012 1600+ 14% 42% 15% 3 1 Female

The overall pass rate for the WWPOT exam is very low because the District receives a high number of applications and must screen out most applicants to reach a manageable number of candidates (less than 60) to interview for employment. Even so, the pass rates of female, African American and Hispanic candidates were lower than white male candidates. Future outreach efforts should include strategies to target more competitive underutilized candidates and provide information about the exam process.

Table V.7 - WWPOT Exam Pass Rates for Underutilized Groups WWPOT

Exam Total

Applicant Pass Rates

Female Pass Rates

Male Pass Rates

White Pass Rates

Hispanic Pass Rates

African American Pass Rates

2010* 1.2% 0.2% 1.5% 4.8% 0.5% 0.2% 2012* 4.3% 2.9% 4.5% 11.8% 3.8% 0.7%

*2010 exam pass rates are based on candidate performance through hires. 2012 exam pass rates are based on candidate performance through hiring interviews.


Evaluation of 2012 Goals Achievement

2012 AA Goals Achievement (See 2012 Placement Goals Monitoring Report, page 46)

In compliance with Federal Regulations, the Affirmative Action Office identifies AA Placement Goals by Job Group for females and minorities when their representation in EBMUD’s workforce is below parity. Therefore, each of the twenty-two Job Groups could have up to four placement goals depending on the representation of females, African Americans, Hispanics and Asians each year. Realistically, it will take several years to achieve workforce parity even if the AA Placement Goals are met annually, due to attrition and hires of non-AA Group candidates. Progress in achieving the AA Placement Goal is also affected by the number of hiring opportunities and availability of AA Group candidates.

For the 2012 AA Plan (AAY12), fifty-one (51) Placement Goals were established. The District met or exceeded 9 out of 51 goals for an AA Goals Achievement rate of 18%. Table V.8 provides a comparison of AA Placement rates achieved during the last twelve years. Although the number of hires increased from previous years, the District’s AAY12 goal achievement rate was far below the average achievement rate (30%). Recruitment plans to increase the diversity of qualified job candidates should be planned and implemented when multiple hiring opportunities are expected. Recruitment of qualified diverse candidates is an essential strategy to reduce underrepresentation and to make progress towards workforce parity.

Table V.8 – AA Goals Achievement Rate

Year Rate Full-time

Regular Hires

AAY12 18% 89

AAY11 24% 59

AAY10 16% 45

AAY094 27% 110

AAY08 22% 176

AAY07 31% 173

AAY06 36% 169

AAY05 40% 125

AAY04 27% 80

AAY03 30% 80

AAY02 40% 78

AAY01 31% 86

4 Previous AA Plans were based on AA Year (April 1st of previous year through March 31st of current year). Starting with the 2009 AA Plan, AA Plans are based on fiscal year data (July 1 – June 30).


Table V.9 shows District hires (regular, full-time) that met or exceeded 2012 placement goals. During 2012, the District had more hiring opportunities but made fewer goal achieving hires than previous years.

Table V.9 - 2012 AA Placement Goals Met or Exceeded

Underutilized Groups

Job Groups and Placement Goal % Actual

Placement Rate %

Status of Goal Achievement

Females (4 out of 15 Goals)

Director/Managers 34% Science Professionals 47% Technicians 42% Pipeline Maintenance 3%

67% 50% 50% 6%

Hiring Exceeds Expectations Hiring Exceeds Expectations Hiring Exceeds Expectations Hiring Exceeds Expectations

African Americans

(2 out of 9 Goals)

Programmers 7% Heavy Equip/Truck Operators 15%

17% 29%

Hiring Exceeds Expectations Hiring Exceeds Expectations

Asians (2 out of 11 Goals)

Customer Services 18% Supervising Engineers 33%

33% 100%

Hiring Exceeds Expectations Hiring Exceeds Expectations

Hispanics (1 out of 16 Goals)

Pipeline Maint Lead/Supervisory 23% 63% Hiring Exceeds Expectations

The District made no goal achieving hires for nine job groups where hires were made. Table V.10 shows the job groups where no goal achieving hires were made, where there were regular, full-time hiring opportunities.

Table V.10 - Job Groups with No Goal Achieving Hires in 2012

Job Group Total 2012

Hires Underutilized Group

Other Professionals 1 Hispanics Administrative Assistants 1 Hispanics Plant Operators 4 Females, African Americans Plant Operators Lead/Supervisory 1 Females, Asians, Hispanics Rangers 4 African Americans, Hispanics Engineering Technicians 2 Females, African Americans, Hispanics Electrical/Structural Maintenance 2 Females, African Americans, Asians, Hispanics Mechanical Maintenance 4 Females, African Americans, Asians, Service Maintenance 1 Females, Hispanics

During 2012 four Rangers were hired. Hiring supervisors had a few underutilized candidates to consider for these hires, but none were the most qualified. Over the last two years, there have been 10 hires/promotions in the Ranger job group. This job group has 35 incumbents including Rangers and supervising Rangers. The Ranger workforce has not had this amount of turnover for decades. All ten hires/promotions were Ranger II, Senior Ranger or Supervising Ranger; and no goal achieving hires were made. A strategic plan for future hiring opportunities for this job group should include outreach to veterans, and Hispanics and African Americans and consideration of hiring at the entry-level (Ranger I).


During 2012 four Operator hires were made and there were no candidates from underutilized groups (female and African American) interviewed for these hires. These four Operator hires were at the journey-level rather than the trainee-level (2 Senior Water Treatment Operators and 2 Water Treatment Operators). All of the Electrical and Mechanical Maintenance hires were journey-level, and no AA goal achieving hires were made.

As the District focuses on recruitment in the priority areas of infrastructure, operations and maintenance, and customer service, departments with hiring opportunities will need to work closely with the AA Office and Recruitment & Classification division staff to develop strategies to increase the qualified diverse candidate pool. Advanced planning is crucial to more successful outreach and candidate development.

Evaluation Criteria

In evaluating “good faith efforts” to contribute to the District’s AA goal achievement, the District follows the Office of Federal Contract Compliance Programs’ (OFCCP) requirements. The OFCCP states that goals may not be rigid and inflexible quotas that must be met, but must be targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work. The District will continue to make every legal effort to remove all barriers to equal employment opportunity in the workplace for women and minorities. These efforts include recruiting a qualified inclusive applicant pool that represents the District’s very diverse labor market, ensuring that all selections are made on the basis of relevant and job-related criteria, continuing departmental efforts to train, develop and promote a diverse workforce, and maintaining reasonable and equitable workplace policies that welcome, support and sustain a diverse workforce.

Monitoring Veteran Representation in District Workforce As a federal contractor, EBMUD must comply with the provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). This act prohibits discrimination against veterans and requires federal contractors to conduct employment outreach to covered veterans. An affirmative action plan for covered veterans is detailed on pages 77-78.

To comply with VEVRAA, staff conducted a survey of permanent5 District employees in 2009 to determine the representation of veterans in the District’s workforce. The data from this survey has been used as a baseline to monitor changes in veteran representation in the District’s workforce. Since 2009, the District has submitted a VETS100A report to the Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS).

5 Per Department of Labor VETS’ definition of “permanent” employees, District hires into Limited Term, TC, and

any other temporary positions are excluded from this report.


Table V-11 shows information reported to the Department of Labor. Over the last four years, the workforce representation of employees with Protected Veterans Status has been an average of 4.2%. In 2012, the District hired 4 Veterans out of a total of 58 hires into permanent District positions, for a Veterans hiring rate of 6.9%.

Table V.11 Veteran Hires & Workforce Representation VET100A Reporting Period*

Total Hires Veteran Hires % Veteran

Hires to Total Hires

% Veterans in EBMUD Workforce

2012 58 4 6.9% 4.1% (69:1685) 2011 50 3 6.0% 4.2% (72:1692) 2010 31 2 6.5% 4.1% (71:1728) 2009 66 3 4.5% 4.6% (82:1786)

*VETS100A Reporting Period is September 1st through August 31st of the following year.

As shown in Table V.12, in 2010, a significant number of employees with veteran status (11) left the District compared to 2011. Most veterans employed at EBMUD served in the Vietnam War, so many more will be eligible for retirement in the next few years. The representation of employees with protected veterans’ status will likely continue to decrease unless the District increases outreach to qualified veteran job candidates.

Table V.12 Veterans Retired/Released/Terminated/Resigned Between September 1 – August 31

VET100A Reporting

Period

Total Employees

Who Left the District

Total District

Veterans Who Left the District

% Veterans in EBMUD Workforce

2012 89 7 (7.8%) 4.1% 2011 85 3 (3.5%) 4.2% 2010 89 11 (12.3%) 4.1%

Between 2010 and 2012, most of the employees who left the District belonged to the Craft Worker Job Category (see Table V.13 below). This job category includes District positions such as Water Distribution Plumber, Wastewater Plant Operators, among other District skilled trades positions. Most of the District employees with Veteran status are employed in the Craft Worker job category. Given the District’s past success in hiring veterans into Crafts Worker jobs, future veteran outreach efforts should focus on employment opportunities for Plumber, Operator, and skilled trades jobs.

Table V.13 Job Category and Veteran Status of Employees Who Left District 2010 -

2012 VET100A Reporting

Period Total Employees

Employees in Craft Worker Job

Category Total Veterans

Total Craft Workers with

Veteran Status

2012 89 36 7 5 2011 85 31 3 2 2010 89 37 11 5


The Office of Federal Contract Compliance Programs (OFCCP) has proposed strengthening regulations to enhance non-discrimination and affirmative action with respect to veteran outreach, recruitment and hiring. These regulations are scheduled for implementation in 2013 and will require federal contractors such as the District, to do the following: Increase and expand veteran outreach; document and evaluate results of veteran

outreach. Maintain records of veteran referrals, applicants, hires and job opening data,

including tracking veteran applicants’ performance in selection process. Set veteran hiring goals.

Staff will continue to monitor these proposed regulations and develop more strategies for veteran recruitment and retention.


District Affirmative Action 2012 Placement Goal Monitoring Report July 1, 2011 – June 30, 2012

This table reflects only regular, full-time hires. “Female” includes women of all races.

Table V.5

Job Group Total

Employees Total # of Hires

Placement Goal % Actual

Placement Rate %

Status of Goal Achievement

Directors/Managers 65 3 Female 34% Asian 20% Hispanic 6%

67% 0% 0%

Hiring Exceeds Expectations No Progress No Progress

Programmers 95 6 African American 7% Hispanic 6%

17% 0%

Hiring Exceeds Expectations No Progress

Analysts 46 2 Female 68% African American 16% Hispanic 9%

50% 0% 0%

Hiring Below Expectations No Progress No Progress

Other Professionals 54 1 Hispanic 7% 0% No Progress

Science Professionals 42 2 Female 47% Hispanic 5%

50% 0%


Administrative Assistants

63 1 Hispanic 11% 0% No Progress

General Clerical 113 0 Hispanic 13% 0% No Progress

Customer Services 101 6 Female 58% Asian 18%

17% 33%

Hiring Below Expectations Hiring Exceeds Expectations

Technicians 24 2 Female 42% Asian 31%

50% 0%


Plant Operators 133 4 Female 13% African American 11%

0% 0%

No Progress No Progress

Plant Operators Lead/Supervision

38 1 Female 21% Asian 13% Hispanic 20%

0% 0% 0%

No Progress No Progress No Progress

Lab & Quality Control Technicians

56 0 Female 58% African American 10% Asian 30%

0% 0% 0%


Rangers 37 4 African American 24% Hispanic 35%

0% 0%


Engineers 148 14 N/A N/A N/A

Supervising Engineers 43 1 Female 22% Asian 33% Hispanic 7%

0% 100% 0%

No Progress Hiring Exceeds Expectations No Progress

Engineering Technicians

89 2 Female 18% African American 6% Hispanic 12%

0% 0% 0%


Pipeline Maintenance 173 18 Female 3% Asian 9% Hispanic 32%

6% 0% 22%

Hiring Exceeds Expectations No Progress Hiring Below Expectations

Heavy Equipment/ Truck Operators

82 7 African American 15% Asian 10% Hispanic 31%

29% 0% 0%

Hiring Exceeds Expectations No Progress No Progress

Pipeline Maintenance Lead/Supervision

65 8 Female 5% Asian 7% Hispanic 23%

0% 0% 63%

No Progress No Progress Hiring Exceeds Expectations

Electrical/Structural Maintenance

99 2

Female 16% African American 6% Asian 15% Hispanic 18%

0% 0% 0% 0%

No Progress No Progress No Progress No Progress

Mechanical Maintenance

131 4 Female 6% African American 7% Asian 13%

0% 0% 0%


Service Maintenance 71 1 Female 28% Hispanic 35%

0% 0%



SECTION 6

2013 AA GOALS AND ACTION PLAN



Section 6 – 2013 AA Goals and Action Plan

Job Groups with an underutilization of 5% or greater O Job Groups with an underutilization of below 5%

Table VI.1 2013 AA Placement Goals by Job Group

JOB GROUP UNDERUTILIZED GROUPS

FEMALE AFRICAN

AMERICAN ASIAN HISPANIC

Directors/Managers O O

Programmers O

Analysts O O

Other Professionals O

Science Professionals O

Administrative Assistants O

General Clerical O O

Customer Service

Technicians

Plant Operators O O O

Plant Operators Lead/Supervisors O

Lab & Quality Control Technicians O O

Rangers

Engineers

Supervising Engineers O

Engineering Technicians O

Pipeline Maintenance O O

Heavy Equipment/Truck Operators O

Pipeline Maintenance Lead Supervisors O O

Electrical/Structural Maintenance O O

Mechanical Maintenance O O O

Service Maintenance O


Job groups with significant underutilization of 5% or greater are highlighted.

Table VI.2 2013 AA Placement Goals and Degree of Underutilization

JOB GROUP INCUMBENTSFemale African American Asian Hispanic

Goal Actual Under Goal Actual Under Goal Actual Under Goal Actual UnderDirectors/Managers 66 34% 33% 1% 20% 16% 4% Programmers 93 6% 5% 1% Analysts 47 68% 64% 4% 17% 11% 6% 9% 6% 3% Other Professionals 50 7% 4% 3% Science Professionals 41 47% 42% 5% 4% 2% 2% Administrative Assistants 63 12% 10% 2% General Clerical 104 89% 88% 1% 13% 11% 2% Customer Service 103 57% 47% 10% 18% 13% 5% Technicians 25 43% 24% 19% 30% 16% 14% Plant Operators 125 13% 9% 4% 11% 8% 3% 14% 13% 1% Plant Operators Lead/Supervisors 38 21% 16% 6% 13% 10% 3% 20% 11% 9% Lab & Quality Control Technicians 54 59% 41% 18% 10% 7% 3% 30% 28% 2% Rangers 35 24% 3% 21% 35% 3% 33% Engineers 154 Supervising Engineers 40 21% 15% 6% 7% 5% 2% Engineering Technicians 89 18% 13% 5% 6% 2% 4% 12% 5% 7% Pipeline Maintenance 175 3% 2% 1% 9% 5% 4% 32% 25% 7% Heavy Equipment/Truck Operators 83 15% 11% 4% 10% 1% 9% 31% 16% 15% Pipeline Maintenance Lead Supervisors 70 5% 3% 2% 7% 3% 4% Electrical/Structural Maintenance 97 17% 4% 13% 6% 3% 3% 15% 5% 10% 18% 15% 3% Mechanical Maintenance 127 6% 2% 4% 7% 2% 5% 13% 10% 3% 20% 18% 2% Service Maintenance 69 27% 25% 2% 36% 22% 14%


2013 District Action Plan

Under the OFCCP regulations, there are steps that the District must take to meet its affirmative action responsibilities under federal law. The District must perform in-depth analysis of its total employment process to determine whether and where impediments to equal employment opportunities might exist. The District must also develop and execute action-oriented programs that are designed to correct any problem area and that are effective. Refer to pages 4-15 for more information about the recommended 2013 Affirmative Action Plan.

The following ongoing activities and procedures are designed to ensure that the District implements inclusive and nondiscriminatory recruitment and selection practices, and to further the District’s commitment to Affirmative Action and Equal Employment Opportunity:

Minimum requirements for all District jobs are reviewed to ensure that they are job-

related and do not screen out minorities and women. The entire selection process is evaluated to make every good faith effort to select

persons according to ability and qualifications, while recognizing a commitment to take affirmative action to address underutilization of minorities and women. Recruitment sources are notified of the District’s policy of nondiscrimination.

Staff works with professional organizations, community agencies, training centers,

and schools to provide information about employment opportunities at the District to maintain a satisfactory flow of qualified diverse applicants for District jobs. In addition, employees are encouraged to assist in word of mouth recruitment by referring friends and relatives for potential employment.

Recruitment at colleges with ethnically diverse student populations is conducted

whenever the District has relevant vacant positions. Affirmative Action Office staff reviews selection criteria and hiring recommendations

for all District hires to assure selections are made based on job related criteria.

The District provides job training including tuition reimbursement in an effort to provide promotional opportunities for all employees. In addition, through the performance plan and appraisal program, employees receive feedback on their work performance and areas for career development are identified.



SECTION 7

DISSEMINATION OF THE AFFIRMATIVE ACTION PLAN



Section 7 - Dissemination of the Affirmative Action Plan

Effective Implementation Effective implementation of an Affirmative Action Plan (AAP) requires identification of specific procedures that will be used to disseminate the AAP. EBMUD has, therefore, identified the following steps to ensure effective internal and external communication regarding the AAP and its related Affirmative Action/Equal Employment Opportunity (AA/EEO) and Preventing Sexual Harassment policies. Any item requiring action includes the identification of the responsible individual(s) by job title.

Internal Dissemination

Include EEO policies in appropriate in-house publications such as Policies and Procedures manuals.

Responsible Personnel: Human Resources Department and Affirmative Action Office

Schedule and conduct annual meetings with executive, management, and supervisory personnel to explain the intent of the EEO policies and individual responsibility for effective implementation, making clear the General Manager’s personal commitment on behalf of EBMUD as an employer.

Responsible Personnel: Affirmative Action Officer and Senior Management Team

Conduct informal discussions with employees regularly regarding EBMUD’s EEO/AA programs.

Responsible Personnel: All District supervisors and managers, Affirmative Action Office

Distribute AA/EEO and Preventing Sexual Harassment policies and discuss them thoroughly in new employee orientation sessions, management training programs, and periodic staff meetings.

Responsible Personnel: HR Employee Development Division, Affirmative Action Office and all District supervisors

Post the DFEH poster and brochure “Sexual Harassment is Forbidden by Law” on all District bulletin boards, and make copies available to all employees.

Responsible Personnel: Affirmative Action Office Include nondiscrimination clauses in all union agreements, and review all

Memoranda of Understanding (MOU) provisions to ensure they are nondiscriminatory.

Responsible Personnel: HR Employee Relations Manager Post the EEO policy; along with required state and federal EEO regulations, on

EBMUD’s bulletin boards and other areas designated for general reading and information.

Responsible Personnel: Affirmative Action Office


Communicate to all employees the existence of EBMUD’s AAP and make available such elements of the program that will enable the employees to know of and avail themselves of its benefits.

Responsible Personnel: Affirmative Action Office Provide training in Preventing Sexual Harassment to all employees every five years,

to all new supervisors within their first six months of employment, continuing supervisors every two years.

Responsible Personnel: HR Employee Development Division

External Dissemination

Inform recruiting sources of EBMUD’s EEO policies. Responsible Personnel: HR Recruitment/ Classification Division

Encourage recruitment sources to refer minorities, women, persons with disabilities, and U.S. Veterans for District jobs.

Responsible Personnel: HR Recruitment/ Classification Division Include EBMUD’s AA/EEO policy statement in employment information given to

applicants and recruiting sources. Responsible Personnel: HR Recruitment/Classification Division

Send written notice of EBMUD’s policies to all contractors and request their compliance.

Responsible Personnel: Contract Equity Program Administrator Include the EEO clause either by reference or in its entirety, in all contracts.

Responsible Personnel: General Counsel’s Office, managers, supervisors and contract administrators

Notify prospective vendors and suppliers of their obligation in EEO-related activities. Responsible Personnel: Contract Equity Program Administrator and contract administrators


SECTION 8

PREVENTION OF SEXUAL HARASSMENT IN THE WORKPLACE POLICY STATEMENT



Section 8 - Prevention of Sexual Harassment in the Workplace Policy1.07

This policy is reaffirmed by the Board of Directors March 12, 2013.

It is the policy of the East Bay Municipal Utility to: Provide a workplace for all employees that is free from any form of sexual harassment.

Definition

Sexual harassment is a form of gender discrimination and is an unlawful employment practice. It is a personal affront to the affected employee and negatively impacts morale, motivation and job performance. This policy includes sexual harassment of District employees by non-employees. Unwelcome sexual advances, requests for sexual favors, and verbal, physical, visual, or other conduct of a sexual nature, constitute sexual harassment and are prohibited by this policy when:

submission to such conduct is made either explicitly or implicitly a term or condition

of an individual’s employment, or submission to or rejection of such conduct by an individual is used as the basis for

employment decisions affecting such individual, or such conduct has the purpose or effect of creating a working environment, which

would reasonably be perceived as inappropriate, hostile, or abusive.

Prevention

The District believes that prompt appropriate action should be taken to prevent or stop incidents of sexual harassment, and strongly encourages employees to express their objections to unwelcome conduct, either to the perpetrator directly or the Affirmative Action Officer or any District supervisor. However, an employee is not required to complain about conduct in order for unlawful harassment to have occurred. Failure to communicate with the perpetrator does not prevent an employee from filing a complaint, nor does it in any way exonerate the harasser.

Enforcement

In keeping with District’s long-standing anti-discrimination policy, sexual harassment will not be condoned or tolerated. The District is committed to enforcing this policy and to providing training to its managers, supervisors, and employees to assist them in dealing sensitively and effectively with this important issue. When any District supervisor or manager is notified or becomes aware of any behavior that violates this policy, they are required to take corrective actions, including sharing confidential information on a need-to know basis.

Complaints and cases of sexual harassment brought to the attention of the Affirmative Action Officer or any District supervisor shall be handled promptly through a confidential procedure, which will protect complainants and witnesses from retaliation. Appropriate remedial or disciplinary action will be taken when warranted. Retaliation


against employees alleging sexual harassment or involved as witnesses in a sexual harassment investigation is prohibited. Employees who oppose and/or refuse to participate in sexual harassment are also protected against retaliation. If retaliation occurs, the District will take further corrective measure.

Consensual Relationships

The District is aware that consensual intimate relationships sometimes develop between District employees. Although these relationships do not in and of themselves violate this sexual harassment policy, the District is sensitive to the potential for such relationships to give rise to conditions where sexual harassment might occur, especially where the relationship involves supervisor and subordinate. The District therefore adopts the following: If current employees become involved in consensual intimate relationships where one

employee is in a position to directly make or influence employment decisions about the other or to directly affect any term or condition of the other’s employment, it is the responsibility of the employees to advise the supervisor of the more influential employee of the situation.

The supervisor shall consult with Human Resources regarding the appropriate

organizational response that will best protect both the District and the employees involved.


SECTION 9

PROCEDURE 105 – EQUAL EMPLOYMENT OPPORTUNITY (EEO) DISCRIMINATION OR

HARASSMENT COMPLAINTS



Section 9 - Procedure 105 Equal Employment Opportunity (EEO) Discrimination or Harassment Complaints

Procedure 105EFFECTIVE 12 MAR 13

EQUAL EMPLOYMENT OPPORTUNITY (EEO) DISCRIMINATION/HARASSMENT COMPLAINTS

SUPERSEDES 17 JAN 12

LEAD DEPARTMENT ADMIN

PURPOSE - This procedure assigns responsibilities within the District for investigating and resolving grievances and complaints filed with the Affirmative Action (AA) Office alleging Equal Employment Opportunity (EEO) discrimination or harassment (including sexual harassment) to assure prompt, consistent, and appropriate action. Forms Used

Q-006 - EEO Discrimination/Harassment Complaint (from AA Office) PE-105 - Statement of Grievance (from Locals 2019, 444, 39 and 21)

What Constitutes Unlawful EEO Discrimination/ Harassment

The District’s AA/EEO Policy 1.01 – Equal Employment Opportunity - prohibits discrimination/ harassment based on the following protected group status: gender including gender identity or expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, sexual orientation, veterans or any other status protected by state and federal laws. Policy 1.01 also prohibits discrimination or harassment based on the authorization of leave under the Family and Medical Leave Act and Pregnancy Disability Act. In addition, Policy 1.07 – Prevention of Sexual Harassment in the Workplace - specifically addresses the prevention of sexual harassment.

Examples of EEO discrimination include: Disparate Treatment in any aspect of employment based on a person’s

protected group status Denial of Reasonable Accommodation to a qualified disabled employee or

prospective employee Retaliation for having opposed illegal discrimination or harassment, or for

having participated as a witness or complainant in an investigation of discrimination.

EEO harassment (including sexual harassment) is a form of EEO discrimination and

may include, but is not limited to: Verbal Conduct such as epithets, derogatory comments, or slurs based on a

protected group status; or unwanted sexual advances, invitations or comments. This conduct also includes verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations


Equal Employment Opportunity (EEO) Discrimination/Harassment Complaints

NUMBER

PAGE NO.:

EFFECTIVE DATE

105

2

12 MAR 13

Visual Conduct such as leering, making sexual gestures, displaying sexually

suggestive or derogatory objects, posters, cartoons, drawings, or e-mail messages based on a person’s protected group status

Physical Conduct such as assault, blocking normal movement, or interference

with work directed at an individual because of his/her gender or other protected basis

Threats or Demands to submit to sexual requests in order to keep a job or

affecting other employment status

Offers of employment benefits in return for sexual favors

Retaliation for having resisted or reported the harassment, or for having participated in a harassment investigation.

Filing a Complaint of Discrimination or Harassment�

Any employee who believes that he or she has experienced EEO discrimination or harassment is encouraged to file a complaint within thirty (30) working days of the last discriminatory or harassing incident. The District encourages the early reporting of conduct which can reasonably be construed as EEO discrimination or harassment. Early reporting permits more accurate investigation. The complainant has the responsibility to provide accurate and complete information that is pertinent to the complaint filed. Step 1: How To File All complaints filed with the District should be submitted with a completed Form Q-006, EEO Discrimination/Harassment Complaint Form which may be obtained at the AA Office. If the complaint is filed as a grievance, the appropriate grievance form must be used in addition to the Form Q-006.

An EEO grievance or complaint may be filed with:

the employee’s supervisor; the Affirmative Action Officer; or the employee’s union steward.

All complaint/grievance information must be handled as confidential material. Supervisors, other District officials, and Union Stewards should immediately forward the EEO grievance or complaint to the AA Office in a sealed envelope, and follow the procedures detailed on page 5.



NUMBER

PAGE NO.:

EFFECTIVE DATE

105

3 12 MAR 13

Right to File With an External Agency All employees have a right to file with an external agency. The statute of limitation to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) is 365 calendar days and 300 calendar days, respectively, from the last discriminatory incident. The DFEH may be contacted by calling 1 (800) 884-1684. The phone number for the EEOC is (510) 637-3230.

Step 2: The Intake Interview

Within 10 working days of receipt of a completed Form Q-006, the AA Officer or designated staff will schedule an intake interview. The intake interview appointment will be scheduled for the earliest date the complainant and staff are available. During the intake interview the complainant must clearly state the basis upon which the charge of discrimination is filed and the specific employment action about which he/she is complaining.

The AA Officer will determine if the complaint meets jurisdictional requirements. To meet jurisdictional requirements, the complainant must fulfill the following:

Timeliness—complaint should be filed within 30 working days, and Prima Facie—complainant must provide initial information which would lead the

AA Officer to infer, absent other evidence, that discriminatory conduct may have occurred based on the complainant’s protected group status.

Notification

The AA Officer will notify the complainant whether or not their complaint was accepted within 20 working days of the intake interview. The AA Officer or responsible manager will notify the person alleged to have engaged in the discriminatory behavior (respondent) within 20 working days of the intake interview only if the complaint is accepted.

Step 3: Investigation

All formal EEO investigations will be conducted by the AA Officer or a qualified EEO investigator designated by the AA Officer.

To maintain confidentiality to the fullest extent possible, the investigation will be conducted in a manner which will limit the dissemination of information.



NUMBER

PAGE NO.:

EFFECTIVE DATE

105

4

12 MAR 13

Components of the investigation will include: Interviews with the complainant and respondent; Interviews with witnesses identified by the complainant and respondent, and

any other witnesses deemed appropriate by the investigator; and Review of personnel records and other relevant documents.

Prior to being interviewed, the complainant and respondent will be notified that a union representative or another District person may be present during their interview.

Intentionally deceiving or misleading an investigator will not be tolerated and constitutes falsehood under Policy 2.05 Discipline Policy, which requires disciplinary action up to termination of employment.

Depending on the situation, temporary measures to restrict and/or eliminate contact between parties under investigation may be necessary. Such actions may include separating the employees, temporarily reassigning one or both, and/or restricting their work activities or locations until the investigation is complete and appropriate corrective actions are taken. If it becomes necessary to remove an employee from the workplace during an EEO investigation, the employee may receive paid leave.

Step 4: Possible Outcomes All investigations will result in one of the following conclusions: Discrimination/harassment not found if the conclusion is that the complaint

lacks merit or the incident did not constitute a violation of District EEO policy;

Insufficient evidence to find discrimination or harassment if the alleged actions are uncorroborated, or a determination cannot be made based on the information available; or

Discrimination/harassment found if there is an admission or sufficient

evidence that an EEO policy violation occurred.

Step 5: Appeals If the complainant or respondent is dissatisfied with the report of findings issued by the AA Officer, either may submit to the AA Officer a written response within 15 working days. The response must clearly detail the concerns about specific findings. The AA Officer will consider the issues raised in the response and determine if additional evidence or investigation deemed material to the findings is required.



NUMBER

PAGE NO.:

EFFECTIVE DATE

105

5

12 MAR 13

If the AA Officer determines that no further investigation is necessary, the employee has exhausted the District administrative channels for addressing the complaint through the AA Office.

If the employee filed the EEO complaint as a union grievance, the employee may pursue the appeals available through the respective Memorandum of Understanding.

The employee may also pursue the complaint through an external agency –the DFEH and/or the EEOC (refer to page 2, Right to File With an External Agency).

Step 6: Sanctions Management, in conjunction with Employee Relations, is responsible for taking corrective/disciplinary actions to end discrimination or harassment and correct the behavior that led to the incident/complaint. Depending upon the severity of the conduct, these actions may include, but are not limited to: apology from the respondent; letter of counseling; written warning; training; mandatory counseling; suspension; reassignment, transfer, demotion; and/or discharge.

Prohibition Against Retaliation

District policy and state law prohibits retaliation against employees who complain about EEO discrimination or harassment, or who provide information as part of any EEO investigation. Any such retaliation is itself a violation of Policies 1.01 and 1.07, regardless of whether or not the original complaint is sustained.

Periodic and regular follow-up by the supervisor or the AA Officer shall be taken to monitor the workplace for discriminatory or harassing behavior, and to check if retaliation is occurring. Employees are also responsible for notifying the AA Officer or supervisor if retaliation occurs.

Supervisor’s Responsibilities

Supervisors at all levels act on behalf of the District. A supervisor’s duties include monitoring his or her work unit for discriminatory or harassing behavior and taking appropriate steps to stop and correct behavior that violates District EEO policy. At the same time, supervisors must enforce policy as well as adhere to it. Each supervisor is expected to familiarize himself or herself with the District’s policies on discrimination and harassment (Policies 1.01 and 1.07), to incorporate them into his or her own behavior, and to inform employees in the work unit to do the same.



NUMBER

PAGE NO.:

EFFECTIVE DATE

105

6

12 MAR 13

Supervisors must also be familiar with this EEO Discrimination/ Harassment Complaint Procedure and be ready to assist employees (including those who do not report directly to them) who wish to lodge complaints. Supervisors must regard all complaints of EEO discrimination or harassment seriously. They should not ignore or minimize such complaints or otherwise discourage employees from reporting them.

All discussions with individuals involved or potentially involved in an EEO discrimination or harassment complaint shall be conducted to obtain an understanding of the facts and circumstances and shall be done in an objective, non-accusatory fashion. During the discussion, the employee(s) should be told to maintain confidentiality and not to discuss the situation with coworkers due to the sensitive nature and the potential for unsubstantiated rumors. The supervisor shall immediately confer with the AA Officer to determine further actions to be taken. (All formal EEO investigations will be conducted by the AA Officer or a qualified EEO investigator designated by the AA Officer.)

If, after the supervisor’s preliminary inquiry and consultation with the AAO, the infraction is considered minor and resolved between the parties, the incident and actions taken will be documented in writing by the supervisor, and forwarded to the AA Officer.

Harassment In cases of potential harassment, including sexual harassment, supervisors have a legal responsibility to take action if they know or should have known of a harassing situation. When a supervisor learns of, observes, has reason to believe, or is informed of a potential harassment situation, the supervisor shall consult with the AA Officer as outlined above. The supervisor, upon learning of a possible harassment incident, especially sexual harassment, is required to take action to address the concern regardless of the victim’s stated desire to pursue or not to pursue the matter.

References

Policy 1.01 - Equal Employment Opportunity (EEO) Policy 1.07 - Prevention of Sexual Harassment in the Workplace Policy 2.05 - Discipline Policy


C O N F I D E N T I A L

EQUAL EMPLOYMENT OPPORTUNITY (EEO)

EMPLOYMENT DISCRIMINATION/ HARASSMENT COMPLAINT FORM

Name of Complainant (person filing complaint) Employee No.

- - Location (Department) Telephone No.

- - Complainant’s Supervisor Telephone No.

Name of Respondent (person named in the complaint)

- - Location (Department) Telephone No.

- - Respondent’s Supervisor Telephone No.

BASIS OF DISCRIMINATION (Check appropriate box(es) and specify protected group status):

Age Genetic Information Religious Creed

Ancestry Marital/Domestic Partnership Status Sexual Orientation

Color Medical Condition (Cancer) Veteran Status Disability (Mental or Physical) National Origin Other FMLA Pregnancy Non EEO Gender, Gender Identity or Expression Race

ISSUES (Check appropriate box(es)):

Denial of Reasonable Accommodation Denial of Transfer Disciplinary Action Failure to Hire/Promote

Harassment Reprisal/Retaliation Sexual Harassment Other

SPECIFY ways in which respondent is alleged to have discriminated (use additional page, if necessary):

DATE most recent discrimination took place:

ACTION requested by complainant:

To initiate a complaint of discrimination within the District, this form should be filed with the Affirmative Action Officer within 30 working days of the most recent discriminatory incident. Mail in a sealed envelope to M/S 601. Retaliation against an employee for filing a complaint is a violation of District policy.

Signature of Complainant Date Filed

Q-006 12/11 Employment Discrimination/Harassment Complaint Form.doc



SECTION 10

AFFIRMATIVE ACTION PLAN FOR PERSONS WITH DISABILITIES



Section 10 - Affirmative Action Plan for Persons with Disabilities

Introduction

EBMUD believes that each individual is entitled to equal opportunity in employment. The following plan details the steps being taken by the District to ensure equal opportunity for disabled individuals.

Federal and State statutes and implementing guidelines and regulations, including the American with Disabilities Act as amended, the California Fair Employment Practices Act, and the Municipal Utility District Act provide the basis for the District’s Affirmative Action Plan for the Disabled. Both the state and federal laws require employers to provide a workplace that is free from discrimination against individuals with disabilities, and to provide reasonable accommodation to qualified disabled individuals unless to do so would constitute an undue hardship to the employer.

Policy

The District’s EEO and ADAAA policies prohibit discrimination on the basis of physical or mental disability. The District will assure that qualified disabled individuals receive equal opportunity in employment and advancement consistent with job performance requirements.

Responsibility

The responsibilities of District employees to uphold and support the principles set forth in the EEO policy are delineated in Section IV of the Affirmative Action Plan.

Policy Dissemination

Positive steps will continue to be taken to ensure that all District personnel and other interested persons and community groups will be informed of the District’s EEO and ADAAA Policies with regards to the employment of disabled individuals. Internal and external dissemination of the policies regarding disabled persons is consistent with the District’s procedure described in Section VII of the Affirmative Action Plan.

Affirmative Actions

EBMUD will make reasonable accommodations to the physical and mental limitations of an employee or applicant to the extent that such accommodation will not impose undue hardship on District operations. Each disabled applicant or employee is dealt with on an individual basis. Reasonable accommodations are made whenever possible. The District makes every reasonable effort to provide suitable employment for those employees who become disabled while employed by the District.


Outreach and recruitment with community groups serving the disabled, such as the Department of Rehabilitation, will continue, and other resources will be identified. A careful job analysis has been conducted to support District selection procedures. Each job analysis is conducted by an analyst thoroughly familiar with the District’s EEO and ADAAA policies and commitments. The job analysis provides a regular review of job duties and the physical and mental requirements of each job classification. The job analysis ensures that minimum requirements for all District jobs are job related and consistent with safe and effective job performance. In addition, the job analysis identifies the essential functions of a job, which are used when evaluating requests for reasonable accommodations. Selection procedures are regularly evaluated to ensure that they are job related and free from barriers that would limit disabled persons from access to jobs for which they are qualified. Qualifications Appraisal Board members will continue to be briefed on equal employment opportunity and merit principles as the basis for selection decisions. Included in this briefing is a discussion of EBMUD’s commitment to nondiscrimination of disabled individuals. Management and supervisory employees will continue to be trained in interview procedures, selection guidelines, EEO and ADAAA policies and procedures, and AAP provisions.


SECTION 11

AFFIRMATIVE ACTION PLAN FOR DISABLED VETERANS,

AND OTHER PROTECTED VETERANS



Section 11 - Affirmative Action Plan for Special Disabled Veterans and Other Protected Veterans Introduction

The Veteran’s Employment Opportunities Act of 1998, as amended, is the basis for the District’s Affirmative Action Program for special disabled veterans and other veterans who while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985. The Act requires affirmative action to employ and advance in employment qualified disabled veterans and other covered veterans. The term “special disabled veteran” means a veteran who is entitled to compensation under laws administered by the Department of Veterans Affairs for a person who was discharged or released from active duty because of a service-connected disability. The term “veteran” in this context means a person who served on active duty during a war, or in a campaign or expedition for which a campaign badge has been authorized. In addition, the person must have been discharged or released with other than a dishonorable discharge. The term “serious employment handicap” means a significant impairment of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes and interests. The term “qualified disabled veteran” and “qualified covered veteran” mean veterans, as defined above, who are capable of performing a particular job.

Policy The District’s EEO Policy specifically includes all covered veterans as defined under the applicable laws. The District shall take affirmative action to ensure that qualified disabled veterans and qualified veterans receive equal opportunity in employment and advancement.

Responsibility The responsibilities of District employees to uphold and support the principles set forth in the EEO policy are delineated in Section IV of the Affirmative Action Plan.

Policy Dissemination

Positive steps will continue to be taken to ensure that all District personnel and other interested persons and community groups are informed of the District’s EEO Policy with regards to the employment of disabled veterans and other protected veterans.

Affirmative Actions

EBMUD will make reasonable accommodations to the physical and mental limitations of disabled veterans to the extent that such accommodation will not impose undue hardship on District operations. Outreach and recruitment with community groups serving veterans and the disabled, such as the Employment Development Department, will continue, and other sources will be identified.


A careful job analysis has been conducted to support every selection procedure. Each job analysis is conducted by an analyst thoroughly familiar with the District’s AA/EEO policies and commitments. The job analysis provides a regular review of job duties and the physical and mental requirements of each job classification. The job analysis ensures that minimum requirements for all District jobs are job related and consistent with safe and effective job performance. In addition, the job analysis identifies the essential functions of a job which are used when evaluating requests for reasonable accommodations. Selection procedures are regularly evaluated to ensure that they are job related and free from barriers that would limit special disabled veterans, veterans from the Vietnam era, and other protected veterans, from access to jobs for which they are qualified. Qualification Appraisal Board members will continue to be briefed on equal employment opportunity and merit principles as the basis for employment decisions. Included in this briefing is a discussion of EBMUD’s commitment to equal consideration for the disabled and veterans. Management and supervisory employees will continue to be trained in interview procedures, selection guidelines, EEO policies and procedures, and AAP provisions.


APPENDIX

Glossary of Terms Page 81

Job Group Listings Page 85

Alphabetical Listing of Classifications Page 91

Goal Setting Methodology & Workforce Analysis Data

Page 99



APPENDIX

Glossary of Commonly Used Terms in Affirmative Action AA/AAP: Commonly used “shorthand” references for Affirmative Action/Affirmative Action Plan

Adverse Impact: A substantially different rate of selection in hiring, promoting, transferring, training, or in other employment decisions which works to the disadvantage of members of a race, ethnic or gender group. If such a rate is less than 80% of the selection rate of the race, ethnic or gender group with the highest rate of selection, this will generally be regarded as evidence of adverse impact.

Affirmative Action: Results-oriented actions taken to assure that positions in the public service are genuinely and equally accessible to qualified persons, without regard to their gender identity or expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, sexual orientation, veterans, pregnancy, family or medical leave status, or any other status protected by state and federal laws. When an employer has reason to believe that its selection procedures have an exclusionary effect, it should initiate affirmative steps to remedy the situation. Where appropriate, it includes goals and timetables to address underutilization and correction of problem areas.

Affirmative Action vs. EEO: Affirmative Action is proactive. EEO is the commitment by the employer not to discriminate in personnel practices based on gender identity or expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, sexual orientation, veterans, pregnancy, family or medical leave status, or any other status protected by state and federal laws.

Affirmative Action Plan: The written results-oriented program in which an employer sets forth the specific actions it will take to address under representation of women and minorities in its work force.

African-American: A person with origins in any of the African racial groups who is also not of Hispanic origin.

American Indian or Alaskan Native (Native Americans): A person with origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.

Annual Goal: A reasonably attainable yearly target, expressed as a percentage, for placing minorities or women in a job group for which underutilization exists if every good effort is applied to make all aspects of the entire affirmative action program work. This target is based on the underutilized group’s availability.

Asian or Pacific Islander: A person with origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.


Glossary (continued)

Availability: The number of women and minorities in the relevant labor market (i.e., state or county), including those already employed by the organization, who possess the requisite skills for a particular group of jobs (usually expressed as a percentage).

Disability: A physical or mental impairment that limits one or more major life activities; record of such impairment, or perception by others of such impairment.

Discrimination: Illegal treatment, either intentional or unintentional, having adverse effects on the employment of a person or group based on gender identity or expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, sexual orientation, veterans, pregnancy, family or medical leave status, or any other status protected by state and federal laws.

Disparate Treatment: A form of discrimination that occurs when an individual is treated differently and adversely affected because of his/her protected group status.

Employment Process: Under Title VII, the employment process includes recruitment, applicant flow, job placement, compensation, promotion, transfer, termination, shift assignments, geographical and departmental assignments, and all other activities.

Equal Employment Opportunity (EEO): Administering all terms and conditions of employment without regard to gender identity or expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, sexual orientation, veterans, pregnancy, family or medical leave status, or any other status protected by state and federal laws.

Equal Employment Opportunity Commission (EEOC): The federal agency created as a part of the Civil Rights Act of 1964, which is responsible for enforcement of Title VII of that law, as well as the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act.

Goals: A placement goal is established by an employer in response to identified underutilization of minorities or women in certain job categories. Placement goals are also to measure progress toward achieving equal employment opportunity. The employer agrees to make good faith efforts to achieve the goals. As part of an employer’s Affirmative Action Program, goals must be expressed in both numbers and percentages.

Good Faith Efforts: A term used by federal compliance agencies to describe proactive activities in the employer’s Affirmative Action Plan that assists progress towards meeting the AA goals.

Harassment: Any verbal, visual or physical conduct, which creates an intimidating, hostile, or offensive work environment for an individual due to his/her gender identity or expression, race, color, religious creed, national origin, ancestry, age, physical or mental disability (including AIDS and HIV), medical condition (cancer), genetic information, marital or domestic partnership status, sexual orientation, veterans, pregnancy, family or medical leave status, or any other status protected by state and federal laws.

Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish cultures or origins. (Persons of Portuguese culture or origin are not included.)


Glossary (continued)

Job Group: A grouping of job classifications in particular occupational areas, such as General Clerical.

Minorities: All persons classified as African-American (not of Hispanic origin), Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native.

Office of Federal Contract Compliance Programs (OFCCP): A section within the Employment Standards Administration Division of the U.S. Department of Labor responsible for monitoring the compliance of federal contractors with the affirmative action executive orders and regulations.

Parity: The employment of women and minorities in percentages approximating the rates at which members of those groups are available for employment in the labor force.

Protected Class: A group of people of the same race, sex, color, age, religion, ancestry or national origin, whose employment rights are protected under Title VII of the Civil Rights Act. Other laws also protect groups on the basis of physical or mental disability, age and veteran status.

Quota: Mandated hiring quotas (usually by head count). These have no place in affirmative action compliance. They are seen as rigid and inflexible and do not foster the intent of affirmative action.

Recruitment Area: The geographical area from which an agency draws applicants for employment. The area usually varies, depending on the particular job classifications.

Sexual Harassment: Unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile or offensive work environment.

Timetables: An employer’s target dates for meeting goals established to increase representation of minorities and women in job groups where they are underutilized.

Underutilization: When the percentage of minorities or women employed in a particular job group is less than would reasonably be expected given their availability percentage in that particular job group, there is an underutilization of minorities or women that must be addressed by establishing a placement goal for that job group.

Upward Mobility: Removal of artificial barriers to individuals advancing into mid-level and senior corporate management, i.e. the “glass ceiling”. This is generally accomplished through efforts to eliminate discriminatory barriers and through training programs.

White, Not of Hispanic Origin: A person with origins in any of the original peoples of Europe, North Africa, or the Middle East who is not of Hispanic origin.

Work Force: The total of all permanent authorized positions within an agency.

Work Force Analysis: A statistical study of the numbers and percentages of employees in the organization by race, sex, and ethnic origin in each position classification or job group.



Job Group Listings The Job Group Listings have been updated to include new and retitled classifications. Directors/Managers Directors/Managers (continued) Assistant General Counsel Manager of Wastewater Engineering Chief Trial Attorney Manager of Wastewater Environmental Services Controller Manager of Wastewater Treatment Customer Services Manager Manager of Water Conservation Director of Administration Manager of Water Meters Director of Engineering & Construction Manager of Water Quality Director of Finance Manager of Water Supply Director of Operations & Maintenance Manager of Water Supply Improvements Director, Wastewater Manager of Water System Director, Water & Natural Resources Manager of Water Treatment Engineering Manager Manager of Watershed & Recreation Environmental Affairs Officer Manager of Workplace Health and Safety Information Systems Division Manager Operations and Maint. Department Manager Manager of Budget Risk Manager Manager of Business Continuity Secretary of the District Manager of Customer & Community Services Special Assistant I-V Manager of Customer Services Treasury Manager Manager of Distribution Maintenance & Const. Manager of Employee Development Programmers Manager of Employee Relations Information Services Supervisor Manager of Employee Services Information Systems Administrator I-II Manager of Environmental Compliance Information Systems Support Analyst I-II Manager of Facilities Maint. & Construction Information Technology Intern I-II Manager of Fishery & Wildlife Network Analyst I-III Manager of Fleet & Construction Support Principal Information Systems Analyst Manager of Human Resources Programmer Analyst I-II Manager of Information Systems Senior Programmer Analyst Manager of Laboratory Services Senior Systems Programmer Manager of Natural Resources Supervising Systems Programmer Manager of Operations/Maintenance Planning Systems Programmer I-II Manager of Pipeline Construction Manager of Purchasing Analysts Manager of Real Estate Services Affirmative Action Officer Manager of Recruitment& Classification Classification and Pay Administrator Manager of Regulatory Compliance Community Affairs Representative I-II Manager of Regulatory Planning and Analysis Contract Equity Administrator Manager of Security and Emergency HRIS Analyst I-II Preparedness Manager of Source Control

Human Resources Analyst I-II Management Analyst I-III

Principal Management Analyst


Job Group Listings

Analysts (continued) Science Professionals (continued) Public Information Representative I-III Quality Assurance Officer Senior Community Affairs Representative Research Chemist Senior HRIS Analyst Research Microbiologist Senior Human Resources Analyst Senior Chemist Senior Public Information Representative Senior Environmental Health/Safety Specialist Technical Trainer Senior Microbiologist Workers’ Compensation Administrator Supervising Fisheries/Wildlife Biologist Other Professionals Administrative Assistants Accountant I-III Accounting Technician Accounting & Financial Systems Analyst Administrative Assistant Accounting Systems Supervisor Administrative Secretary I-II Assistant Capital Projects Coordinator Administrative Secretary I-II, Confidential Assistant Planner Administrative Services Supervisor Assistant Water Resources Specialist Assistant To The General Manager Associate Architect Executive Assistant I-II Associate Planner Human Resources Technician Associate Water Resources Specialist Legal Secretary I-II Attorney I-III Litigation Secretary Building Tenant Services Supervisor Office Assistant, General Manager’s Office Buyer I-II Public Affairs Specialist Cost Estimator Risk Management Assistant Industrial Water Conservation Representative Senior Legal Secretary Internal Auditor Internal Auditor Supervisor General ClericalJunior Water Resources Specialist Account Clerk I-III Law Clerk Administrative Clerk Purchasing Contract Supervisor Administrative Clerk, Confidential Real Estate Representative I-II Dispatch/Contact Center Rep. Security & Emergency Preparedness Specialist Messenger-Mail Clerk Senior Acctng. & Financial Systems Analyst Senior Administrative Clerk. Senior Real Estate Representative Senior Administrative Confidential Supervising Accountant Senior Messenger-Mail Clerk Supervisor of Water Conservation Senior Word Processing Specialist Water Conservation Administrator/Supervisor Telephone/Radio Operator Water Conservation Representative Word Processing Specialist II Water System Planning Analyst Customer ServicesScience Professionals Customer Services Representative I-III Chemist I-II Customer Services Supervisor Environmental Health/Safety Specialist I-II Dispatch/Contact Center Representative Fisheries/Wildlife Biologist I-II Field Services Representative I-II Laboratory Supervisor Meter Reader I-II Microbiologist I-II Meter Reading Foreman


Job Group Listings

Customer Services (continued) Plant Operators Lead/Supervisors (Cont.) New Business Representative I-II Hydroelectric Power Plant Supervisor Senior Customer Services Representative Pardee Water/Wastewater Supervisor Senior Field Services Representative Power Treatment Plant Maintenance Supt. Senior New Business Representative Power Plant Supervisor Water Conservation Technician Superintendent of Aqueduct Section Superintendent of Pardee Section Technicians Superintendent of Water Trtmnt. & Distribution Computer Operations Supervisor Wastewater Operations Coordinator Computer Operations Technician Wastewater Shift Supervisor Corrosion Control Technician Wastewater Treatment Superintendent Electronic Technician Water Distribution Supervisor Fisheries/Wildlife Aide Water Treatment Supervisor Fisheries/Wildlife Technician Information Systems Specialist I-III Laboratory and Quality Control Technicians Materials Inspector Laboratory Technician I-III Materials Testing Supervisor Senior Wastewater Control Inspector Materials Testing Technician I-II Supervising Microbiologist Paralegal Supervising Wastewater Control Inspector Printing Technician I-II Supervising Wastewater Control Representative Senior Facility Technician Wastewater Control Inspector I-II Senior Printing Technician Wastewater Control Operator Supervising Information Syst. Supp. Spec. Wastewater Control Representative Water Sampler Plant Operators Water Systems Inspector I-II Hydroelectric Power Plant Mechanic Hydroelectric Power Plant Operator I-II Power Plant Mechanic/Operator Rangers Senior Water Distribution Operator Ranger Supervisor Senior Water Treatment Operator Ranger/Naturalist I-II Treatment Plant Specialist Senior Ranger/Naturalist Wastewater Plant Operator I-II Wastewater Plant Operator Trainee Engineers Water Distribution Operator Assistant Civil Engineer Water Treatment Operator Assistant Electrical Engineer Water Trtmnt/Dist. Operator Trainee Assistant Mechanical Engineer Associate Civil Engineer Plant Operators Lead/Supervisors Associate Control Systems Engineer Assistant Superintendent Aqueduct/Pardee Associate Corrosion Control Specialist Assistant Supt., Water Treatmnt & Associate Electrical Engineer Distribution Associate Mechanical Engineer Assistant Wastewater Shift Supervisor Junior Engineer


Job Group Listings

Supervising Engineers Pipeline Maintenance Lead/Supervisors Senior Civil Engineer Assistant C& M Superintendent Senior Control Systems Engineer Construction & Maintenance Scheduler Senior Corrosion Control Engineer Construction & Maintenance Superintendent Senior Electrical Engineer General Pipe Supervisor Senior Engineering Planner Maintenance Shift Supervisor Senior Mechanical Engineer Paving Crew Foreman Supervising Administrative Engineer Pipeline Welding Supervisor Senior Supervisor of Maint. Shift Ops. Engineering Technicians Water Distribution Crew Foreman Assistant Surveying Supervisor Chief of Party Electrical/Structural MaintenanceConstruction Inspector Carpenter Drafter I-III Carpenter Supervisor Drafting Supervisor Carpentry Worker I-III Engineering Aide Electrical Supervisor Graphic Design Supervisor Electrical Technician Graphic Designer I-II Electrical Worker I-III Hydrographer I-III Facility Specialist I-II Pipeline Designer I-II Facility Supervisor Senior Construction Inspector Facility Technician Senior Drafter Instrument Maintenance Supervisor Senior Graphic Designer Instrument Supervisor Senior Pipeline Designer Instrument Technician Supervising Construction Inspector Instrument Worker I-III Supervising Hydrographer Maintenance Superintendent Supervising Plant Inspector Painter Survey Technician I-II Painter Foreman Surveying Supervisor Painting Worker I-III Plant Electrical Maintenance Supervisor Pipeline Maintenance Plant Structures Maintenance Supervisor Concrete Finisher I-II Security Shift Supervisor Paving Raker A-B Pipeline Welder I-III Mechanical Maintenance Water Distribution Plumber I-IV Automotive Maintenance Worker I-III Automotive Mechanic A&B Heavy Equipment/Truck Operators Equipment Superintendent Crane Operator Equipment Supervisor Dispatcher General Equipment Mechanic Heavy Equipment Operator Heavy Equipment Maintenance Worker I-III Heavy Forklift Operator Heavy Equipment Mechanic Heavy Transport Operator Machining Maintenance Worker I-III Truck Driver II Maintenance Machinist Truck Driver II Trainee Maintenance Specialist I-III


Job Group Listings

Mechanical Maintenance (continued) Service Maintenance Maintenance Superintendent Automotive Services Attendant I-II Maintenance Supervisor Gardener I-II Mechanical Maintenance Worker I-II Gardener Foreman Mechanical Supervisor Housekeeper Meter Mechanic I-II Janitor Meter Mechanic/Backflow Tester Janitor Foreman Meter Repair and Testing Supervisor Janitor Supervisor Plant Maintenance Mechanic Materials Specialist Plant Maintenance Superintendent Materials Storage Foreman Plant Maintenance Supervisor Materials Storage Supervisor Plant Maintenance Worker I-III Recreation Area Attendant Plant Mechanical Maintenance Supervisor Storekeeper I-II Senior Mechanic Stores Supervisor Senior Meter Mechanic/Backflow Tester Utility Laborer No Group Assigned General Counsel General Manager



Alphabetical Listing of Classifications with Corresponding Job Groups Alphabetical Listing of Classifications with Corresponding Job Groups Classification Job Group Account Clerk I-III ............................................... General Clerical Accountant I-III .................................................... Other Professionals Accounting and Financial Systems Analyst ......... Other Professionals Accounting Systems Supervisor ........................... Other Professionals Accounting Technician ......................................... Administrative Assistants Administrative Assistant ....................................... Administrative Assistants Administrative Clerk ............................................ General Clerical Administrative Clerk, Confidential ...................... General Clerical Administrative Secretary I-II ................................ Administrative Assistants Administrative Secretary I-II, Confidential ......... Administrative Assistants Administrative Services Supervisor I-II ............... Administrative Assistants Affirmative Action Officer ................................... Analysts Assistant C&M Superintendent ............................ Pipeline Maintenance Lead/Supervisors Assistant Capital Projects Coordinator ................. Other Professionals Assistant Civil Engineer ....................................... Engineers Assistant Corrosion Control Specialist ................. Engineers Assistant Electrical Engineer ................................ Engineers Assistant General Counsel .................................... Directors/Managers Assistant Mechanical Engineer ............................. Engineers Assistant Planner ................................................... Other Professionals Assistant Superintendent Aqueduct/Pardee .......... Plant Operators Lead/Supervisors Assistant Supt. Water Treatment/Distribution ...... Plant Operators Lead/Supervisors Assistant Surveying Supervisor ............................ Engineering Technicians Assistant To The General Manager ...................... Administrative Assistants Assistant Wastewater Shift Supervisor ................. Plant Operators Lead/Supervisors Assistant Water Resources Specialist…………… Other Professionals Associate Architect ............................................... Other Professionals Associate Civil Engineer ....................................... Engineers Associate Control Systems Engineer .................... Engineers Associate Corrosion Control Specialist…………. Engineers Associate Electrical Engineer ............................... Engineers Associate Mechanical Engineer ............................ Engineers Associate Planner .................................................. Other Professionals Associate Water Resources Specialist .................. Other Professionals Attorney I-III ......................................................... Other Professionals Automotive Maintenance Worker I-III ................ Mechanical Maintenance Automotive Mechanic A&B ................................. Mechanical Maintenance Automotive Services Attendant I-II ...................... Service Maintenance Building Tenant Services Supervisor .................... Other Professionals Buyer I-II .............................................................. Other Professionals Carpenter ............................................................... Electrical/Structural Maintenance


Alphabetical Listing of Classifications with Corresponding Job Groups Classification Job Group Carpenter Supervisor ............................................ Electrical/Structural Maintenance Carpentry Worker I-III .......................................... Electrical/Structural Maintenance Chemist I-II ........................................................... Science Professionals Chief of Party ........................................................ Engineering Technicians Chief Trial Attorney .............................................. Directors/Managers Classification & Pay Administrator ..................... Analysts Community Affairs Representative I-II ................ Analysts Computer Operations Supervisor .......................... Technicians Computer Operations Technician ......................... Technicians Concrete Finisher I-II ............................................ Pipeline Maintenance Construction & Maintenance Scheduler ............... Pipeline Maintenance Lead/Supervisors Construction & Maintenance Superintendent ....... Pipeline Maintenance Lead/Supervisors Construction Inspector .......................................... Engineering Technicians Contract Equity Administrator .............................. Analysts Controller .............................................................. Directors/Managers Corrosion Control Technician ............................... Technicians Cost Estimator ....................................................... Other Professionals Crane Operator ...................................................... Heavy Equipment/Truck Operators Customer Services Manager ................................. Directors/Managers Customer Services Representative I-III ................ Customer Services Customer Services Supervisor .............................. Customer Services Director of Administration .................................... Directors/Managers Director of Engineering & Construction ............... Directors/Managers Director of Finance ............................................... Directors/Managers Director of Operations & Maintenance…………. Directors/Managers Director, Wastewater ............................................ Directors/Managers Director, Water & Natural Resources ................... Directors/Managers Dispatch Center Supervisor .................................. Customer Services Dispatch/Contact Center Representative. ............. General Clerical Dispatcher ............................................................. Heavy Equipment/Truck Operators Drafter I-III ........................................................... Engineering Technicians Drafting Supervisor ............................................... Engineering Technicians Electrical Supervisor ............................................. Electrical/Structural Maintenance Electrical Technician ........................................... Electrical/Structural Maintenance Electrical Worker I-III .......................................... Electrical/Structural Maintenance Electronic Technician ........................................... Technicians Engineering Aide .................................................. Engineering Technicians Engineering Manager ............................................ Directors/Managers Environmental Affairs Officer .............................. Directors/Managers Environmental Health/Safety Specialist I-II ......... Science Professionals Equipment Superintendent .................................... Mechanical Maintenance Equipment Supervisor ........................................... Mechanical Maintenance Executive Assistant I-II…………………………. Administrative Assistants Facility Specialist I-II ........................................... Electrical/Structural Maintenance


Alphabetical Listing of Classifications with Corresponding Job Groups Classification Job Group Facility Supervisor ................................................ Electrical/Structural Maintenance Facility Technician................................................ Electrical/Structural Maintenance Field Services Representative I-II ......................... Customer Services Fisheries/Wildlife Aide ......................................... Technicians Fisheries/Wildlife Biologist I-II ............................ Science Professionals Fisheries/Wildlife Technician ............................... Technicians Gardener I-II ......................................................... Service Maintenance Gardener Foreman ................................................ Service Maintenance General Counsel .................................................... Not Assigned General Equipment Mechanic ............................... Mechanical Maintenance General Manager ................................................... Not Assigned General Pipe Supervisor ....................................... Pipeline Maintenance Lead/Supervisors Graphic Design Supervisor ................................... Engineering Technicians Graphic Designer I-II ............................................ Engineering Technicians Heavy Equipment Maintenance Worker I-III ....... Mechanical Maintenance Heavy Equipment Mechanic ................................. Mechanical Maintenance Heavy Equipment Operator .................................. Heavy Equipment/Truck Operators Heavy Forklift Operator ........................................ Heavy Equipment/Truck Operators Heavy Transport Operator .................................... Heavy Equipment/Truck Operators Housekeeper .......................................................... Service Maintenance HRIS Analyst I-II .................................................. Analysts Human Resources Analyst I-II.............................. Analysts Human Resources Technician............................... Administrative Assistants Hydroelectric Power Plant Mechanic ................... Plant Operators Hydroelectric Power Plant Operator I-II ............... Plant Operators Hydroelectric Power Plant Supervisor .................. Plant Operators Lead/Supervisors Hydrographer I-III ................................................ Engineering Technicians Industrial Water Conservation Representative ..... Other Professionals Information Services Supervisor ........................... Programmers Information Systems Administrator I-II ............... Programmers Information Systems Division Manager ............... Directors/Managers Information Systems Specialist I-III ..................... Technicians Information Systems Support Analyst I-II ............ Programmers Information Technology Intern I-II……………... Programmers Instrument Maintenance Supervisor ..................... Electrical/Structural Maintenance Instrument Supervisor ........................................... Electrical/Structural Maintenance Instrument Technician .......................................... Electrical/Structural Maintenance Instrument Worker I-III ........................................ Electrical/Structural Maintenance Internal Auditor ..................................................... Other Professionals Internal Auditor Supervisor .................................. Other Professionals Janitor .................................................................... Service Maintenance Janitor Foreman .................................................... Service Maintenance Janitor Supervisor ................................................. Service Maintenance Junior Engineer ..................................................... Engineers


Alphabetical Listing of Classifications with Corresponding Job Groups Classification Job Group Junior Water Resources Specialist ........................ Other Professionals Laboratory Supervisor .......................................... Science Professionals Laboratory Technician I-III .................................. Laboratory & Quality Control Technicians Law Clerk.............................................................. Other Professionals Legal Secretary I-II ............................................... Administrative Assistants Litigation Secretary ............................................... Administrative Assistants Machining Maintenance Worker I-III ................... Mechanical Maintenance Maintenance Machinist ......................................... Mechanical Maintenance Maintenance Shift Supervisor ............................... Pipeline Maintenance Lead/Supervisors Maintenance Specialist I-III .................................. Mechanical Maintenance Maintenance Superintendent ................................. Mechanical Maintenance Maintenance Supervisor ........................................ Mechanical Maintenance Management Analyst I-III ..................................... Analysts Manager of Budget……………………………… Directors/Managers Manager of Business Continuity………………... Directors/Managers Manager of Customer & Community Services ..... Directors/Managers Manager of Customer Services ............................. Directors/Managers Manager of Distribution Maint. & Const.. ............ Directors/Managers Manager of Employee Development .................... Directors/Managers Manager of Employee Relations ........................... Directors/Managers Manager of Employee Services ............................ Directors/Managers Manager of Environmental Compliance ............... Directors/Managers Manager of Facilities Maint & Construction ........ Directors/Managers Manager of Fishery & Wildlife ............................. Directors/Managers Manager of Fleet & Construction Support ............ Directors/Managers Manager of Human Resources .............................. Directors/Managers Manager of Information Systems .......................... Directors/Managers Manager of Laboratory Services ........................... Directors/Managers Manager of Natural Resources .............................. Directors/Managers Manager of Operations/Maintenance Planning .... Directors/Managers Manager of Pipeline Construction ........................ Directors/Managers Manager of Purchasing ......................................... Directors/Managers Manager of Real Estate Services .......................... Directors/Managers Manager of Recruitment & Classification ............ Directors/Managers Manager of Regulatory Compliance ..................... Directors/Managers Manager of Regulatory Planning and Analysis .... Directors/Managers Manager of Security & Emergency Preparedness. Directors/Managers Manager of Source Control ................................... Directors/Managers Manager of Wastewater Engineering .................... Directors/Managers Manager of Wastewater Environmental Services . Directors/Managers Manager of Wastewater Treatment ....................... Directors/Managers Manager of Water Conservation ........................... Directors/Managers Manager of Water Meters ..................................... Directors/Managers Manager of Water Quality .................................... Directors/Managers


Alphabetical Listing of Classifications with Corresponding Job Groups Classification Job Group Manager of Water Supply ..................................... Directors/Managers Manager of Water Supply Improvements ............. Directors/Managers Manager of Water System .................................... Directors/Managers Manager of Water Treatment ................................ Directors/Managers Manager of Watershed & Recreation ................... Directors/Managers Manager of Workplace Health and Safety ............ Directors/Managers Materials Inspector................................................ Technicians Materials Specialist ............................................... Service Maintenance Materials Storage Foreman ................................... Service Maintenance Materials Storage Supervisor ................................ Service Maintenance Materials Testing Supervisor ................................ Technicians Materials Testing Technician I-II ......................... Technicians Mechanical Maintenance Worker I-II ................... Mechanical Maintenance Mechanical Supervisor.......................................... Mechanical Maintenance Messenger-Mail Clerk .......................................... General Clerical Meter Mechanic I-II .............................................. Mechanical Maintenance Meter Mechanic/Backflow Tester ......................... Mechanical Maintenance Meter Reader I-II .................................................. Customer Services Meter Reading Foreman ....................................... Customer Services Meter Repair and Testing Supervisor ................... Mechanical Maintenance Microbiologist I-II ................................................ Science Professionals Network Analyst I-III ........................................... Programmers New Business Representative I-II ......................... Customer Services Office Assistant, General Manager’s Office ......... Administrative Assistants Operations and Maint. Department Manager ........ Directors/Managers Painter ................................................................... Electrical/Structural Maintenance Painter Foreman .................................................... Electrical/Structural Maintenance Painting Worker I-III ............................................ Electrical/Structural Maintenance Paralegal ................................................................ Technician Pardee Water/Wastewater Supervisor ................... Plant Operators Lead/Supervisors Paving Crew Foreman ........................................... Pipeline Maintenance Lead/Supervisors Paving Raker A-B ................................................. Pipeline Maintenance Pipeline Designer I-II ............................................ Engineering Technicians Pipeline Welder I-III ............................................. Pipeline Maintenance Pipeline Welding Supervisor ................................ Pipeline Maintenance Lead/Supervisors Plant Electrical Maintenance Supervisor .............. Electrical/Structural Maintenance Plant Maintenance Mechanic ................................ Mechanical Maintenance Plant Maintenance Superintendent ....................... Mechanical Maintenance Plant Maintenance Supervisor .............................. Mechanical Maintenance Plant Maintenance Worker I-III ............................ Mechanical Maintenance Plant Mechanical Maintenance Supervisor ........... Mechanical Maintenance Plant Structures Maintenance Supervisor ............. Electrical/Structural Maintenance Power and Treatment Plant Maintenance Supvsr. Plant Operators Lead/Supervisors Power Plant Mechanic/Operator ........................... Plant Operators


Alphabetical Listing of Classifications with Corresponding Job Groups Classification Job Group Power Plant Supervisor ......................................... Plant Operators Lead/Supervisors Principal Information Systems Analyst ................ Programmers Principal Management Analyst ............................. Analysts Printing Technician I-II ......................................... Technicians Programmer Analyst I-II ....................................... Programmers Public Affairs Specialist ....................................... Administrative Assistants Public Information Representative I-III ................ Analysts Purchasing Contract Supervisor ............................ Other Professionals Quality Assurance Officer .................................... Science Professionals Ranger Supervisor ................................................. Rangers Ranger/Naturalist I-II ............................................ Rangers Real Estate Representative I-II ............................. Other Professionals Recreation Area Attendant .................................... Service Maintenance Research Chemist .................................................. Science Professionals Research Microbiologist ....................................... Science Professionals Risk Management Assistant .................................. Administrative Assistants Risk Manager ........................................................ Directors/Managers Secretary of the District ........................................ Directors/Managers Security and Emergency Preparedness Specialist . Other Professionals Security Shift Supervisor ...................................... Electrical/Structural Maintenance Senior Accounting and Financial Systems Analyst Other Professionals Senior Administrative Clerk ................................. General Clerical Senior Administrative Clerk Conf. ....................... General Clerical Senior Chemist ...................................................... Science Professionals Senior Civil Engineer ............................................ Supervising Engineers Senior Community Affairs Representative ........... Analysts Senior Construction Inspector ............................... Engineering Technicians Senior Control Systems Engineer ......................... Supervising Engineers Senior Corrosion Control Engineer ...................... Supervising Engineers Senior Customer Services Representative ............ Customer Services Senior Drafter ........................................................ Engineering Technicians Senior Electrical Engineer .................................... Supervising Engineers Senior Engineering Planner .................................. Supervising Engineers Senior Environmental Health/Safety Specialist .... Science Professionals Senior Facility Technician .................................... Technicians Senior Field Services Representative .................... Customer Services Senior Graphic Designer ....................................... Engineering Technicians Senior HRIS Analyst............................................. Analysts Senior Human Resources Analyst ........................ Analysts Senior Legal Secretary .......................................... Administrative Assistants Senior Mechanic ................................................... Mechanical Maintenance Senior Mechanical Engineer ................................. Supervising Engineers Senior Messenger-Mail Clerk ............................... General Clerical Senior Meter Mechanic/Backflow Tester ............. Mechanical Maintenance


Alphabetical Listing of Classifications with Corresponding Job Groups Classification Job Group Senior Microbiologist ........................................... Science Professionals Senior New Business Representative .................... Customer Services Senior Pipeline Designer ....................................... Engineering Technicians Senior Printing Technician ................................... Technicians Senior Programmer Analyst .................................. Programmers Senior Public Information Representative ............ Analysts Senior Ranger/Naturalist ....................................... Rangers Senior Real Estate Representative ........................ Other Professionals Senior Supervisor of Maintenance Shift Ops. ....... Pipeline Maintenance Lead/Supervisors Senior Systems Programmer ................................. Programmers Senior Wastewater Control Inspector ................... Laboratory & Quality Control Technicians Senior Water Distribution Operator ...................... Plant Operators Senior Water Treatment Operator ......................... Plant Operators Senior Word Processing Specialist ....................... General Clerical Special Assistant I-V ............................................. Directors/Managers Storekeeper I-II ..................................................... Service Maintenance Stores Supervisor .................................................. Service Maintenance Superintendent of Aqueduct Section .................... Plant Operators Lead/Supervisors Superintendent of Pardee Section ......................... Plant Operators Lead/Supervisors Superintendent of Water Treatment/Distribution . Plant Operators Lead/Supervisors Supervising Accountant ........................................ Other Professionals Supervising Administrative Engineer ................... Supervising Engineers Supervising Construction Inspector ...................... Engineering Technicians Supervising Fisheries/Wildlife Biologist .............. Science Professionals Supervising Hydrographer .................................... Engineering Technicians Supervising Info. Systems Support Specialist ...... Technicians Supervising Microbiologist……………………… Laboratory & Quality Control Technicians Supervising Plant Inspector .................................. Engineering Technicians Supervising Systems Programmer ........................ Programmers Supervising Wastewater Control Inspector .......... Laboratory & Quality Control Technicians Supervising Wastewater Control Representative .. Laboratory & Quality Control Technicians Supervisor of Water Conservation ........................ Other Professionals Survey Technician I-II .......................................... Engineering Technicians Surveying Supervisor ............................................ Engineering Technicians Systems Programmer I-II ...................................... Programmers Technical Trainer .................................................. Analysts Telephone/Radio Operator .................................... General Clerical Treasury Manager ................................................. Directors/Managers Treatment Plant Specialist .................................... Plant Operators Truck Driver II ...................................................... Heavy Equipment/Truck Operators Truck Driver II Trainee ......................................... Heavy Equipment/Truck Operators Utility Laborer ...................................................... Service Maintenance Wastewater Control Inspector I-II ........................ Laboratory & Quality Control Technicians Wastewater Control Operator ............................... Laboratory & Quality Control Technicians


Alphabetical Listing of Classifications with Corresponding Job Groups Classification Job Group Wastewater Control Representative ...................... Laboratory & Quality Control Technicians Wastewater Operations Coordinator ..................... Plant Operators Lead/Supervisors Wastewater Plant Operator I-II ............................. Plant Operators Wastewater Plant Operator Trainee ...................... Plant Operators Wastewater Shift Supervisor................................. Plant Operators Lead/Supervisors Wastewater Treatment Superintendent ................. Plant Operators Lead/Supervisors Water Conservation Administrator/Supervisor..... Other Professionals Water Conservation Representative ...................... Other Professionals Water Conservation Technician ............................ Customer Services Water Distribution Crew Foreman ........................ Pipeline Maintenance Lead/Supervisors Water Distribution Operator ................................. Plant Operators Water Distribution Plumber I-IV .......................... Pipeline Maintenance Water Distribution Supervisor .............................. Plant Operators Lead/Supervisors Water Sampler ...................................................... Laboratory & Quality Control Technicians Water System Planning Analyst ........................... Other Professionals Water Systems Inspector I-II ................................ Laboratory & Quality Control Technicians Water Treatment Operator .................................... Plant Operators Water Treatment Supervisor ................................. Plant Operators Lead/Supervisors Water Treatment/Distribution Operator Trainee .. Plant Operators Word Processing Specialist II ............................... General Clerical Workers’ Comp. Manager and Risk Specialist ..... Analysts


Goal Setting Methodology & Workforce Analysis Data

Goals Setting Methodology

Underutilization and Availability

The overall objective of an affirmative action plan is to determine if underutilization of minorities and women exists, and to establish goals to remedy that underutilization. To determine if underutilization exists we compare current representation in the workforce (current utilization) to the representation of minorities and women both inside and outside of the District (availability). Availability is an estimate of the representation of minorities and women available for employment in a given job group. When current utilization is less than availability, underutilization exists and a goal is established.

Availability

"Availability" is an estimate of the proportion of each sex and race/ethnic group available and qualified for employment at the District for a given job group in the relevant labor market during the life of the AAP. Availability indicates the approximate level at which each race/ethnic and sex group could reasonably be expected to be represented in a job group if East Bay Municipal District's employment decisions are being made without regard to gender, race, or ethnic origin. Availability estimates, therefore, are a way of translating equal employment opportunity into concrete numerical terms. Correct comparisons of incumbency to availability, worthwhile and attainable goals, and real increases in employment for problem groups depend on competent and accurate availability analyses. With valid availability data, we can compare the percentages of those who could reasonably be expected to be employed versus our current employment (from the workforce analysis), identify problem areas or areas of deficiency, and establish goals to correct the problems.

Steps in Comparison of Incumbency to Availability Identify Availability Factors

The following availability factors are required of federal government contractors for consideration when developing availability estimates for each job group:

1. External Factor: The external requisite skills data comes from the 2000 Census of

Population.

a. Local labor area: Please contact the AA Office to see the Availability Analysis for a listing of the local labor areas.

b. Reasonable labor area: Please contact the AA Office to see the Availability Analysis for a listing of the reasonable labor areas.


2. Internal Factor: The percentage of minorities or women among those promotable, transferable, and trainable within the contractor’s organization.

Assign Internal and External Factor Weights: Weights were assigned to each factor for each job group. A combination of historical data and experience were used to determine the weights. Weights were never assigned in an effort to hide or reduce problem areas. Identify Final Availability: Weights were multiplied by the component-specific data to produce weighted data for each component. Weighted data for each component was summed. This produced a final availability estimate for each sex and race/ethnic group, as well as for minorities in the aggregate.

AA Placement Goal

The AA Placement Goal represents the target-hiring rate for underutilized minorities and women in each job group. Since the composition of job groups change based on the addition or deletion of job classifications, placement goals will be adjusted each year to reflect the availability of all classifications in a job group.

Workforce Analysis data

EBMUD’s workforce analysis includes a profile of the District’s workforce by department as required by the Office of Federal Contract Compliance Programs. Detailed workforce analysis data is retained by the Affirmative Action Office.


DATE: March 7, 2013


THROUGH: Alexander R. Coate, General Manager,

FROM: Delores Turner, Manager of Human R e s o u r c e s ^ , ^ J&u^

SUBJECT: 2013 Health Plan Participation and Health Care Reform Update

SUMMARY

The purpose of this memo is to inform you that staff will provide an update on Health Care at theupcoming Legislative/Human Resources Committee meeting on March 12, 2013. Theinformation that will be shared will include the 2013 Health Plan enrollment demographics, planpremiums, and an update on health care reform (the Patient Protection and Affordable Care Actfor 2010, or, "the Act") including the 2013 through 2018 mandates of the Act, and the District'scompliance efforts to date. The last update on Health Care was provided to the Legislative/Human Resources Committee on September 11, 2012.

DISCUSSION

2013 Health Plan Enrollment Demographics

With continued rise in health care costs, more employees and their dependents migrate into theKaiser plan from the Anthem Blue Cross and Health Net. The Kaiser plan premiums are fullypaid by the District, while employees are required to pay 15% of the premium costs (at theDouble and Family coverage levels) for the Anthem Blue Cross and Health Net plans. Kaiserplan enrollment increased to 69% from 67% in 2012, while Health Net's enrollment decreased to15% from 17%. Employee participation in Anthem Blue Cross plan remains at 12%.

Of the 1,737 active employees, 51% are enrolled at the family coverage level, an increase of 1%from 2012; 21% are enrolled at the single coverage level, down 2% from last year's 23%enrollment percentage. The percentage of employees enrolled at the double coverage levelremains at 24%.

2013 Health Plan Premiums

Below is a summary of the 2013 premium increases for each Health Plan category:

Board of DirectorsMarch 7, 2013Page 2 of 3

Health PlanAnthem Blue Cross

KaiserHealth Net

DentalVision

Life & AD&D

Percent Premium Increase/Decrease8.47.82.54.5

No changeNo change

The District's medical plan rate increases are slightly below the national medical trend of 9-10%,and significantly below the dental and vision trends of 7% and 3%, respectively due to ouroverall favorable claim utilization in the District plans in 2012. Although the rate of increaseslowed from prior years, rates and costs associated with medical care continue to rise due tofactors such as participant lifestyles, growing prevalence of high-cost diseases, aging population,medical inflation, and the impacts of Health Care Reform mandates.

The Health Net plan continues to be the District's most expensive medical plan, with familypremiums at $2,418 per month. As premiums for Health Net rise each year, more employeesswitch to other less expensive plans. The shift in membership toward Kaiser will severely limitthe District's ability to obtain alternative health plan offerings. We continue to work with ourbroker to explore possible alternatives to our existing plans.

Health Care Reform Mandates

Prior to the Supreme Court ruling, a number of mandates or requirements of the PatientProtection and Affordable Care Act had gone into effect. As a result of the Supreme Court'sdecision to uphold the Act, these mandates remain unchanged and most employers have much toconsider for the future of their sponsored health care plans.

The following are key provisions of the Health Care Reform scheduled to take effect in 2013 andbeyond:

2013• New W-2 reporting requirements: Employers are required to report the cost of employer-

sponsored health care coverage on employee's 2012 W-2 form. This reporting provision isintended to help employees better understand the benefit they receive through theiremployers and help them gain awareness of the true cost to obtain health coverage.

• Reduction in Health Flexible Spending Account (FSA) contribution limits to $2,500 per yearfor plan years beginning January 1, 2013. This $2,500 limit includes the DistrictSupplemental Benefit of $905 per eligible employee per year. The maximum will be indexedto changes in the CPI beginning in 2014.

• Increased Medicare payroll tax by 0.9% for wages greater than $200,000 ($250,000 formarried couples filing jointly). This change increases the employee's portion of FICA

Board of DirectorsMarch 7, 2013Page 3 of3

Medicare taxes from 1.45% to 2.35% for wages over this threshold. The District's payrollsystem has already been updated to comply with this requirement.

• Additional 3.8% tax on investment income for high income earners. Investment incomewould include stock dividends, rental income, capital gains, etc.

• Expanded employee/retiree required communications, such as the requirement to distributeand make available Summaries of Benefits and Coverage (SBCs) to plan participants(distributed annually during open enrollment), and notice to employees regarding theexistence of Health Care Exchange (anticipated in late fall 2013).

2014• Preventive care coverage without cost sharing, requiring plans to provide certain preventive

services (e.g., well-woman visits, screening for gestational diabetes, etc.) without co-payments or cost sharing.

• Individual coverage mandate: Effective January 1, 2014, most individuals will be required toobtain basic health insurance or pay a tax. In 2014, the amount of penalty for an individualwould be $95 or 1% of income, whichever is greater.

• Individual and group health plans can no longer impose pre-existing condition exclusions forany person of any age.

• Employers with more than 50 employees must offer medical care coverage to all employeeswho work more than 30 hours per week or pay penalties. Employers will be assessed anannual penalty of $2,000 per full time employee for failure to comply with this mandate. Ifany employee receives coverage through the exchange, the annual penalty rises to $3,000 perfull time employee.

• Employers permitted to offer employee rewards of up to 30% (potentially increasing to 50%)of the cost of coverage if employee participates in a wellness program.

• Employer reporting requirement - must report on minimum essential coverage of benefitplans to Federal government.

2017• Employers with 100 or more employees may be allowed to join State Health Care Exchanges

2018• "Cadillac Plans" 40% excise tax will take effect. High cost health plans that exceed the

threshold of $10,200 for individual coverage and $27,500 for family coverage will be subjectto a non-deductible excise tax. The aggregate value of the plan includes employee andemployer contribution to a medical plan and District's supplemental benefit of $905 allocatedto Health Flexible Spending Account.

DT:TS:rdw TUR13-14.doc


DATE: March 7, 2013


FROM: Alexander R. Coate, General Manager rfl^-

SUBJECT: Legislative Report No. 02-13

The following issues are being referred to the Legislative/Human Resources Committee forreview and recommendation to the Board of Directors for action, as appropriate.

RECOMMENDEDSTATE LEGISLATION POSITION

AB115 SAFE DRINKING WATER STATE SUPPORT(Perea) REVOLVING FUND

Existing law, the California Safe Drinking Water Act, requires the State Department of PublicHealth (DPH) to administer provisions relating to the regulation and provision of a dependable,safe supply of drinking water. Existing law also establishes the Safe Drinking Water StateRevolving Fund (SDWSRF) and continuously appropriates money in the fund to DPH to finance,via grants and loans, the design and construction of projects for public water systems that willenable suppliers to meet safe drinking water standards. Current law requires that the criteria forproject eligibility for the grant and loan program include that a legal entity exist that has theauthority to enter into contracts and incur debt on behalf of the community to be served, andowns the public water system or has the right to operate the public water system under a leasewith a term of at least 20 years, unless otherwise authorized by DPH.

AB 115 (Perea), as introduced on January 14, 2013, would authorize DPH to fund projects bygrant, loan, or a combination of the two, where multiple water systems apply for funding as asingle applicant for the purpose of consolidating water systems or extending services tohouseholds relying on private wells. AB 115 would also authorize construction funding forprojects to benefit a disadvantaged community that is not the applying agency by extendingeligibility to other entities. In order to qualify for funding the other entities must have theauthority to enter into contracts and incur the debt on behalf of at least one of the communities tobe served and have the right to operate at least one of the public water systems for twenty yearsunder a lease or memorandum of understanding.

According to DPH, there are approximately 168 small water systems that rely on contaminatedgroundwater as their source of drinking water and these systems predominately serve individualsin disadvantaged communities. Due to their lack of financial resources and limited opportunitiesfor economies of scale, it can be difficult for these systems to be brought into compliance withhealth standards. In addition, some disadvantaged communities are not served by a public water


system. Without a public water system or other eligible legal entity to sponsor a fundingapplication to the SDWSRF, these disadvantaged communities are denied funding assistancefrom the SDWSRF.

AB 115 would help disadvantaged communities gain access to SDWSRF funds. The issue ofsafe and reliable drinking water for disadvantaged communities is garnering much attention fromthe legislature and state regulators this year and the issue of a statewide fee has been raised as apotential funding source. For example, a recent nitrate report by the State Water ResourcesControl Board included a recommendation that a sustainable funding source should be found tosupport safe and reliable drinking water for disadvantaged communities. One of the fundingoptions raised is a fee on urban and agricultural water use. A fee could pose an unreasonableburden on other water users throughout the state while providing no benefit to those who payAB 115 would provide a source of funding for disadvantaged communities without imposing aburdensome fee on other water users.

There are currently no entities listed in support or opposition to AB 115.

AB 284 ENERGY: ROAD TO 2050 BOARD SUPPORT(Quirk)

Existing law establishes the State Energy Resources Conservation and DevelopmentCommission (Energy Commission) and vests the Energy Commission with various authoritiesand duties regarding energy-related issues. Additionally, existing law, as enacted by AB 32(Nunez), the California Global Warming Solutions Act of 2006, establishes the target ofreducing the state's greenhouse gas emissions to 1990 levels by the year 2020 and requires theCalifornia Air Resources Board (CARB) to adopt rules and regulations to reach this target.

AB 284 (Quirk), as introduced on February 11,2013, would require the Energy Commission toconvene a Road to 2050 Board (Board) to consist of representatives from the EnergyCommission, the Public Utilities Commission, CARB, the California Alternative Energy andAdvanced Transportation Financing Authority, the California Environmental Protection Agency,the Independent System Operator, and the Governor's Office. The Board would be tasked with 'studying the best process for meeting a goal of reducing greenhouse gas emissions by 80 percentof the 1990 emissions level by 2050, and integrating renewable electrical generation into theelectric grid to ensure "cost-effectiveness and reliability that would include methods to reducegreenhouse gas emission from homes, farms, industrial and commercial structures, as well asemissions from mobile sources."

Under AB 284, the Board would also be required to review and "provide a full publicaccounting, on a biennial basis, of all money spent, and jobs and benefits achieved by, eachenergy efficiency program, alternative energy program, and alternative fuel program 'administered by members of the Board to ensure that funding is used in a safe, reliable, and cost-


effective manner." The Board would also be required to publish the accounting on a publiclyavailable website.

According to the Legislative Analyst's Office (LAO), California "currently lacks acomprehensive framework that fully coordinates" the major energy incentive programs to helpensure that the state's goals are being met in the most cost-effective manner. The LAOrecommends that "a comprehensive strategy for meeting the state's energy efficiency andalternative energy objectives" be developed. AB 284 is intended to address the lack of acomprehensive framework and encourage the development of a comprehensive coordinated andcost-effective approach to the state's energy efficiency and alternative energy programs in orderto achieve the goal of reducing greenhouse gas emissions.

By helping to advance the state's energy efficiency, renewable energy, and greenhouse gasemission reduction goals, AB 284 is consistent with EBMUD's sustainability policy and itsefforts to use renewable energy and reduce greenhouse gas emissions. While AB 284 would notset a new goal of reducing greenhouse gas emissions by 80 percent of 1990 levels by 2050 itprovides a basis for considering the feasibility of setting a new goal in the future.

EBMUD has previously supported legislation to encourage the use of renewable energy sourcesand reduction in greenhouse gas emissions. In 2012, EBMUD supported AB 2249 (Buchanan)which was chaptered (Chapter 607) and provided incentives for solar water heating systems forpools to offset natural gas usage. In 2007, EBMUD supported AB 1470 (Huffman), which waschaptered (Chapter 536) and created the Solar Water Heating and Efficiency Act of 2007 In2006, the board adopted a "support" position on SB 1 (Murray), which established the MillionSolar Roofs Initiative. SB 1 was signed into law (Chapter 132).

There are currently no entities listed in support or opposition to AB 284.

AB 763 AQUATIC INVASIVE PLANTS: CONTROL SUPPORT(Buchanan) AND ERADICATION

Existing law designates the Department of Boating and Waterways (Boating and Waterways) asthe lead agency of the state for the purpose of cooperating with other agencies in controllingcertain invasive plants in the Sacramento-San Joaquin Delta, its tributaries, and the SuisunMarsh, and authorizes Boating and Waterways to furnish money, services,'equipment, and otherproperty for the control of those invasive plants, namely South American Spongeplant(Spongeplant), water hyacinth, and Egeria densa.

AB 763 (Buchanan), as introduced on February 21, 2013, would provide Boating and Waterwaysbroader statutory authority to address the threat of invasive aquatic plants. Current law requiresthat before Boating and Waterways can act to address the threat of a certain invasive aquaticplant, a statutory change must be made that names the specific type of plant to be addressed. This

Board of DirectorsMarch 7,2013Page 4

process results m delays in action that can allow an invasive plant to proliferate and result inincreased control and eradication costs. Specifically, AB 763 would authorize Boating andWaterways, m consultation with other federal, state, and local agencies, to take any action itdetermines necessary to implement statewide management and eradication measures for invasiveaquatic plants as a group rather than on a species by species basis.

In addition, AB 763 would require Boating and Waterways to consult with other entitiesincluding the United States Department of Agriculture and the United States Fish and WildlifeService, as well as members of the scientific and research communities, and state agencies todetermine which species of invasive plants should be given priority for treatment and the bestmethods for implementing identification, control and eradication measures. Upon identifying aninvasive plant that may need to be treated, AB 763 would require Boating and Waterways toS £ £ - ? e Defartment offish and Wildlife (Fish and Wildlife) of the potential threat Fish andWildlife would be required to conduct a risk assessment of the identified invasive aquatic plantspecies, and report its findings to Boating and Waterways so that Boating and Waterways maytake any necessary action to control or eradicate the invasive aquatic plant.

Invasive weeds growing in the Delta have the potential to impair navigation and recreational usesof the waterways, damage water quality, and threaten water supplies by blocking canals pumpsand[dams. Because much of California's water supply system is interconnected control'and 'eradication of invasive species is vital. By authorizing Boating and Waterways to take action asneeded, instead of requiring legislative action on a case-by-case basis, AB 763 would allow formore effective management and control of invasive aquatic plants on a statewide basis Withregard to EBMUD, AB 763 would help protect the migratory pathway of Mokelumne salmonfrom being obstructed by invasive aquatic plants.

P i i S P i " * P r e v i o u s Iy supported measures to combat invasive species in California's watersIn 2012, EBMUD supported AB 1540 (Buchanan), which was chaptered (Chapter 188) andauthorized Boating and Waterways to work with other agencies to control and eradicateSpongeplant.

There are currently no organizations listed in support or opposition to AB 763.

ACA8 LOCAL GOVERNMENT FINANCING: VOTER SUPPORT(Blumenfield) APPROVAL MJiTUKl

The California Constitution prohibits the ad valorem tax rate on real property from exceedingone percent of the full cash value of the property, subject to certain exceptions The CaliforniaConstitution conditions the imposition of ad valorem taxes on real property to service bondedindebtedness by a city, county, or special district upon the approval of two-thirds of the voters ofthe city, county, or special district voting on the bond measure. Under existing law the voters incertain school districts may approve bonds for specified purposes with the approval of 55 percentoi the voters withm the jurisdiction of these entities. The California Constitution prohibits a


county, city, town, township, board of education, or school district from incurring anyindebtedness exceeding in one year the income and revenue provided in that year without theassent of two-thirds of the voters and subject to other conditions.

ACA 8 is a constitutional amendment that, pending voter approval, would do two things FirstACA 8 would ower the threshold for the voters in cities, counties, and special districts from 'two-thirdsto 55 percent to approve bonded indebtedness for public improvements. This would beadded as an additional exception to the one percent limit on the property tax rate. This exceptionwould be for a rate imposed by a city, county, city and county, or special district to servicebonded indebtedness, incurred to fund any public improvements including but not limited towater, sewer and wastewater system improvements, police, fire, park, and recreation facilities orbuildings, and related costs, provided that the bond measures are approved by 55 percent of thevoters of the city, county, city and county, or special district.

Special districts use revenues from both local property taxes and bonds to fund publicimprovements and vital public services. ACA 8's bond provisions, to lower the voter threshold to

JLlTiTu £ aPP Y *? Spedal diStriCt$- ThuS'in its cmxent form> A C A 8 would benefitEBMUD by enabling it if it so chooses in the future, to gain voter approval of new bonds by thelower voter threshold of 55 percent, rather than the now required two-thirds vote.

ACA 8 would also lower the 55 percent voter approval threshold for a city, county or city andcounty to mcur bonded indebtedness, exceeding in one year the income and revenu'e provided inthat year, that is m the form of general obligation bonds to fund specified public improvements1 his limit does not apply to special districts and thus would not impact EBMUD.

EBMUD has supported similar measures to lower the vote threshold for approval of bondedindebtedness and special taxes. Last month, the board adopted a support position on SCA 11(Hancock), to lower the vote threshold for approval of special taxes to 55 percent SCA 11 ispending m the legislature. In 2011, EBMUD supported ACA 4 (Blumenfield) which issubstantially similar to ACA 8. ACA 4 failed the advance out of the legislature.

There are currently no entities listed in support or opposition to ACA 8.

ARC:MD:JF

CALIFORNIA LEGISLATURE 2OI3-I4 REGULAR SESSION

ASSEMBLY BILL No. 115

Introduced by Assembly Member Perea(Coauthor: Assembly Member Alejo)

January 14,2013

An act to amend Sections 116760.50, 116760.70, 116760.79,116760.90, and 116761.20 of the Health and Safety Code, relating todrinking water, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 115, as introduced, Perea. Safe Drinking Water State RevolvingFund.

Existing law, the California Safe Drinking Water Act, requires theState Department of Public Health to administer provisions relating tothe regulation of drinking water to protect public health, including, butnot limited to, conducting research, studies, and demonstration programsrelating to the provision of a dependable, safe supply of drinking water,enforcing the federal Safe Drinking Water Act, adopting and enforcingregulations, and conducting studies and investigations to assess thequality of water in domestic water supplies.

Existing law establishes the Safe Drinking Water State RevolvingFund, which is continuously appropriated to the department for theprovision of grants and revolving fund loans to provide for the designand construction of projects for public water systems that will enablesuppliers to meet safe drinking water standards. Existing law requiresthe department to establish criteria for projects to be eligible for thegrant and loan program, including that a legal entity exist that has theauthority to enter into contracts and incur debt on behalf of thecommunity to be served and owns the public water system or has the

99

AB115 —2 —

right to operate the public water system under a lease with a term of atleast 20 years, unless otherwise authorized by the department.

This bill would authorize the department to fund projects, by grant,loan, or a combination of the two, where multiple water systems applyfor funding as a single applicant for the purpose of consolidating watersystems or extending services to households relying on private wells,as specified. The bill would authorize funding of a project to benefit adisadvantaged community that is not the applying agency. The bill, forpurposes of considering eligibility for construction funding, wouldrequire a legal entity to exist that is not necessarily the applicant, butthat has the authority to enter into contracts and incur debt on behalf ofat least one of the communities to be served and has the right to operateat least one of the public water systems under a lease or memorandumof understanding with a term of at least 20 years. By authorizing theuse of a continuously appropriated fund for new purposes, this billwould make an appropriation.

Vote: majority. Appropriation: yes. Fiscal committee: yes.State-mandated local program: no.

The people of the State of California do enact as follows:

1 SECTION 1. Section 116760.50 of the Health and Safety Code2 is amended to read:3 116760.50. The department shall establish criteria that shall4 be met for projects to be eligible for consideration for funding5 under this chapter. The criteria shall include all of the following:6 (a) All preliminary design work for a defined project that will7 enable the applicant or another public water system to supply water8 that meets safe drinking water standards, including a cost estimate9 for the project, shall be completed.

10 (b) A-For purposes of the department considering eligibility11 for construction funding, a legal entity shall exist that has the12 authority to enter into contracts and incur debt on behalf of-^be13 community at least one of the communities to be served and owns14 the public water system or has the right to operate at least one of15 the public water system systems under a lease or memorandum of16 understanding with a term of at least 20 years, unless otherwise17 authorized by the department. The applicant need not be the legal18 entity. If the proposed project is funded by a loan under this19 chapter, the department may require the applicant or other legal

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1 entity to secure a lease for the foil term of the loan if the loan2 exceeds 20 years.3 (c) The applicant shall hold all necessary water rights.4 (d) The applicant shall have completed any review required5 pursuant to the California Environmental Quality Act (Division6 13 (commencing with Section 21000) of the Public Resources7 Code) and the guidelines adopted pursuant thereto, and have8 included plans for compliance with that act in its preliminary plans9 for the project.

10 (e) The applicant has assembled sufficient financial data to11 establish its ability to complete the proposed project and to12 establish the amount of debt financing it can undertake.13 SEC. 2. Section 116760.70 of the Health and Safety Code is14 amended to read:15 116760.70. (a) The department, after public notice and hearing,16 shall, from time to time, establish a priority list of proposed proj ects17 to be considered for funding under this chapter. In doing so, the18 department shall determine if improvement or rehabilitation of the19 public water system is necessary to provide pure, wholesome, and20 potable water in adequate quantity and at sufficient pressure for21 health, cleanliness, and other domestic purposes. The department22 shall establish criteria for placing public water systems on the23 priority list for funding that shall include criteria for priority list24 categories. Priority shall be given to projects that meet all of the25 following requirements:26 (1) Address the most serious risk to human health.27 (2) Are necessary to ensure compliance with requirements of28 Chapter 4 (commencing with Section 116270) including29 requirements for filtration.30 (3) Assist systems most in need on a per household basis31 according to affordability criteria.32 (b) The department may, in establishing a new priority list,33 merge those proposed projects from the existing priority list into34 the new priority list.35 (c) In establishing the priority list, the department shall consider3 6 the system's implementation of an ongoing source water protection37 program or wellhead protection program.38 (d) In establishing the priority list categories and the priority39 for funding projects, the department shall carry out the intent of

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1 the Legislature pursuant to subdivisions (e) to (h), inclusive, of2 Section 116760.10 and do all of the following:3 (1) Give priority to upgrade an existing system to meet drinking4 water standards. This includes an upgrade to an existing system5 to meet drinking water standards in a disadvantaged community6 that is distinct from the applicant agency.7 (2) After giving priority pursuant to paragraph (1), consider8 whether the applicant has sought other funds when providing9 funding for a project to upgrade an existing system and to

10 accommodate a reasonable amount of growth.11 (e) Consideration of an applicant's eligibility for funding shall12 initially be based on the priority list in effect at the time the13 application is received and the project's ability to proceed. If a14 new priority list is established during the time the application is15 under consideration, but before the applicant receives a letter of16 commitment, the department may consider the applicant's17 eligibility for funding based on either the old or new priority list.18 (f) The department may change the ranking of a specific project19 on the priority lists at any time following the publication of the20 list if information, that was not available at the time of the21 publication of the list, is provided thatjustifi.es the change in the22 ranking of the proj ect.23 (g) The department shall provide one or more public hearings24 on the Intended Use Plan, the priority list, and the criteria for25 placing public water systems on the priority list. The department26 shall provide notice of the Intended Use Plan, criteria, and priority27 list not less than 30 days before the public hearing. The Intended28 Use Plan, criteria, and priority list shall not be subject to the29 requirements of Chapter 3.5 (commencing with Section 11340) of30 Part 1 of Division 3 of Title 2 of the Government Code. The31 department shall conduct duly noticed public hearings and32 workshops around the state to encourage the involvement and3 3 active input of public and affected parties, including, but not limited34 to, water utilities, local government, public interest, environmental,35 and consumer groups, public health groups, land conservation36 interests, health care providers, groups representing vulnerable37 populations, groups representing business and agricultural interests,3 8 and members of the general public, in the development and periodic3 9 updating of the Intended Use Plan and the priority list.

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1 (h) The requirements of this section do not constitute an2 adjudicatory proceeding as defined in Section 11405.20 of the3 Government Code and Section 11410.10 of the Government Code4 is not applicable.5 SEC. 3. Section 116760.79 of the Health and Safety Code is6 amended to read:7 116760.79. (a) Applications for funding under this chapter8 shall be made in the form and with the supporting material9 prescribed by the department.

10 (b) The department shall establish a process by which multiple11 water systems may apply for funding as a single applicant for the12 purpose of consolidating water systems or extending services to13 households relying on private wells. Funding shall be available14 to these applicants if the following criteria are met:15 (1) At least one of the systems of private wells serves a16 disadvantaged community or a severely disadvantaged community17 that is in violation of Chapter 4 (commencing with Section 116270).18 (2) Fifty percent of the project funds support, facilitate, or allow19 for planning and preliminary engineering studies, project design,20 or construction to consolidate with, or extend services to, existing21 water system facilities or private wells that are in violation of22 Chapter 4 (commencing with Section 116270).23 (3) The purpose of the consolidation or service extension24 includes providing safe and potable drinking water to a community,25 bringing one or more of the applying water systems into26 compliance with this chapter.27 SEC. 4. Section 116760.90 of the Health and Safety Code is28 amended to read:29 116760.90. (a) The department shall not approve an application30 for funding unless the department determines that the proposed31 study or project is necessary to enable the applicant to meet safe32 drinking water standards, and is consistent with an adopted33 countywide plan, if any. The department may refuse to fund a34 study or project if it determines that the purposes of this chapter35 may more economically and efficiently be met by means other36 than the proposed study or project. The department shall not37 approve an application for funding a project with a primary purpose38 to supply or attract future growth. The department may limit39 funding to costs necessary to enable suppliers to meet primary

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1 drinking water standards, as defined in Chapter 4 (commencing2 with Section 116270).3 (b) With respect to applications for funding of project design4 and construction, the department shall also determine all of the5 following:6 (1) Upon completion of the project, the applicant and other7 beneficiaries of the project will be able to supply water that meets8 safe diinking water standards.9 (2) The project is cost-effective.

10 (3) If the entire project is not to be funded under this chapter,11 the department shall specify which costs are eligible for funding.12 (c) In considering an application for funding a project that meets13 all other requirements of this chapter and regulations, the14 department shall not be prejudiced by the applicant initiating the15 project prior to the department approving the application for16 funding. Preliminary project costs that are otherwise eligible for17 funding pursuant to the provisions of this chapter shall not be18 ineligible because the costs were incurred by the applicant prior19 to the department approving the application for funding.20 Construction costs that are otherwise eligible for funding pursuant21 to the provisions of this chapter shall not be ineligible because the22 costs were incurred after the approval of the application by the23 department but prior to the department entering into a contract24 with the applicant pursuant to Section 116761.50.25 SEC. 5. Section 116761.20 of the Health and Safety Code is26 amended to read:27 116761.20. (a) Planning and preliminary engineering studies,28 project design, consolidation with or extension of services to an29 existing water system, and construction costs may be funded under30 this chapter by loans, or, in the case of public agencies or private31 not-for-profit water companies, by grants or a combination of32 grants and loans. Multiple water systems that apply under a single33 application, as provided in subdivision (b) of Section 116760.79,34 may be funded by grants, loans, or a combination thereof35 (b) The department shall determine what portion of the full36 costs the public agency or private not-for-profit water company is37 capable of repaying and authorize funding in the form of a loan3 8 for that amount. The department shall authorize a grant only to the39 extent the department finds the public agency or not-for-profit40 water company is unable to repay the full costs of a loan.

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1 (c) At the request of the department, the Public Utilities2 Commission shall submit comments concerning the ability of3 suppliers, subject to its jurisdiction, to finance the project from4 other sources and to repay the loan.

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Documents

Notice of Time Change · ARC:CN:ELS. 2013 Affirmative Action Plan East Bay Municipal Utility District . 2013 Affirmative Action Plan Board of Directors John A. Coleman Katy Foulkes