35.1 Condition of Employment and Continued Employment
Eligibility under the District’s Standard policy for insurability at the time of employment and for continued eligibility while employed. An applicant or unit member shall not be eligible for the District’s Standard policy for insurability in the following circumstances:
a. Three (3) or more accidents in the last three (3) years in which the applicant/unit member has been at fault or cited by a law enforcement agency, or b. One (1) or more type A violations in the last three (3) years; Type A violations are defined as follows:
- Driving under the influence of alcohol or drugs (whether or not they are prescriptions)
- Negligent homicide arising out of a use of a vehicle (commonly known as vehicular manslaughter)
- Operating motor vehicle during period of license suspension or revocation
- Operating motor vehicle for the commission of felony
- Aggravated assault with a motor vehicle
- Operating motor vehicle without owner’s authority (grand theft auto)
- Permitting unlicensed person to drive
- Reckless driving
- Speed contest (Exhibition of Speed)
- Hit and run – either bodily injury or property damage c. Any combination of four (4) or more of the following during the past three (3) years
- At-fault/cited accidents while operating a motor vehicle
- Type B (moving violations) 35.1.1 Possession of a valid operator’s license issued by the California Department of Motor Vehicle and maintenance of said license while employed.
35.2 Discipline/discharge due to ineligibility
a. As long as the efficiency of District operation in not impaired, a permanent unit member who has their license suspended shall be transferred to an available assignment in their classification which does not require a valid driver’s license for operation of a motor vehicle. In the absence of said available position, the unit member shall be subject to separation from District service, as provided for in Article 35.2.1 below. b. As long as the efficiency of District operation is not impaired, a permanent unit member who becomes ineligible for the District’s standard vehicle coverage (as defined herein) shall be transferred to an available assignment in their classification which does not require operation of a vehicle. In the absence of said available position, the unit member shall be subject to separation from District service, as provided for in Article 35.2.1 below. c. A permanent unit member who has their license revoked by California Department of Motor Vehicles shall be subject to separation of from District service, as provided for in Article 35.2.1 below.
35.2.1 Special Employment Status
a. However, prior to any dismissal action contemplated in 35.2a, 35.2b and 35.2c above, the employee shall be placed in a special employment status for at least thirty (30) working days during which they shall be required to make their own transportation arrangement in order to properly fulfill District duties. b. If said thirty (30) workday period results in satisfactory and efficiency service to the District, the possibility of dismissal action shall be deferred until such time, if any, that satisfactory and efficient service by the unit member in the special employment status is no longer being rendered. c. If said service becomes unsatisfactory or inefficient, the unit member shall be given written notice thereof and a ten (10) workday period in which to make the desired improvement. d. If the service is corrected, the deferral process described in Article 35.2.1a above shall be reinstated and the special employment status process described herein shall continue. e. Failure to make the desired improvement within said period shall result in the District placing the permanent unit member on an unpaid leave of absence for up to 36 months. During said 36 month period, if the permanent unit member on unpaid leave presents verification to the District that their vehicle operator’s license has been reinstated by the California Department of Motor Vehicles or that they has become eligible for the District’s standard vehicle insurance coverage, the unit member shall be reinstated to the first vacant position in their classification; or re-employed by the District in place of any of its temporary or as needed employees in said class. Upon completion of said 36 month period, if the unit member has not been reinstated or re-employed, as provided for herein, they shall be dismissed from District service.