SELMA CEMETERY DISTRICT
2430 Floral Ave. /P.O. Box 1383 Selma, CA 93662
*(559)896-2412*Fax (559)896-3349*Email: firstname.lastname@example.org
Regular Meeting of the
BOARD OF TRUSTEES
Thursday June 22, 2017
1.Call to Order: 2.Roll Call: Chair: Robert Allen
Vice-Chair: Una Tristan
Trustee: Ron Baker
Trustee: Alan Langstraat
Trustee: Alfonso Caro
Staff Present: General Manager: Sandi Miller
Date of Next Board Meeting: Thursday July 27, 2017
3.Public Comment: Members of the general public may address the Board of Trustees.
Please be advised, the Brown Act prohibits action on items that are not listed on the agenda, or properly added to the agenda under the provisions of the Brown Act. The Board may set such items for consideration at some future Board meeting. Members of the general public may address the Board. Please observe a time limit of five (5) minutes pursuant to Government Code Section 54954.3(b)
All items on the consent agenda are to be routine and non-controversial. However, if discussion is required, the item will be removed from the consent agenda and will be discussed after the consent agenda is approved.
1.Minutes: of the Thursday May 25, 2017 Regular Meeting of the Board of Trustees 2.Disbursements:5/01/17 through 5/31/17
OLD BUSINESS: Discussion/Action
1.Preliminary Budget: You have had time to review the preliminary budget for 2017/2018, the final will not be available until after June 30, 2017.
NEW BUSINESS: Discussion/Action
1.Employee Handbook for 2017/18: Please see attached changes to the handbook. As in the past I have only attached the changes. 2.Adair & Evans Contract: Please see attached contract for Adair & Evans to preform our annual audit. 3.Mausoleum: While I was at the West Cemetery I noticed that the mausoleum has some bad spots where the cement is coming off and some of the boards need to be painted. I would like to get an estimate to repair and paint it. 4.Manager’s report: Sandi Miller-General Manager: Report attached
1.Cemetery Expansion: Pursuant to California Government Code Section 54956.8; Char Tucker of Tucker and Associates will be attending to present an offer she received. 2.Reportable Action: 3.Personnel: Pursuant to California Government Code Section 54957. (b) 1 Evaluation of General Manger and consideration of raise. Please remember to bring your copy with your responses from the last meeting. 4.Reportable Action: 5.Trustees’ reports: Trustee: Robert Allen
Trustee: Alfonso Caro
Trustee: Ron Baker
Trustee: Alan Langstraat
Trustee: Una Tristan
INFORMATION REGARDING AGENDA ITEMS: Copies of the staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the office of the District Secretary and are available for public information. Any person who has a question concerning any of the agenda items may call the District Secretary at 559-896-2412
ADA: A person with a qualifying disability under the Americans with Disabilities Act of 1990 may request the District to provide a disability-related modification or accommodation in order to participate in any public meeting of the District. Such assistance includes appropriate alternative formats for the agendas and agenda packets used for any public meetings of the District. Requests for such assistance and for agendas and agenda packets shall be made in person, by telephone, facsimile, or written correspondence to Sandi Miller at the District office, at least 48 hours before any public meeting of the District
May 31, 2017
Sandi Miller, General Manager
Selma Cemetery District
(Delivered via e-mail.)
Re: Employee Handbook Updates for 2017
Sierra HR Partners is happy to assist you in updating your 2017 Employee Handbook, including the applicable policy changes based on court decisions and legislative enactments during the past year. The following policies have been added or modified:
•Policy Prohibiting Unlawful Discrimination and Harassment – Modified according to updated regulations regarding the Fair Employment and Housing Act (FEHA) which outlined specific requirements for employer policies, including: oListing all protected groups under the FEHA; oAllowing employees to report to someone other than a direct supervisor; oInstructing supervisors to report all complaints; oStating that all complaints will be followed by a fair, complete, and timely investigation; oStating that the employer will maintain confidentiality to the extent possible; oStating that remedial action will be taken if any misconduct is found; oStating that employees will not be retaliated against for complaining or participating in an investigation; and oStating that supervisors, co-workers, and third-parties are prohibited from engaging in unlawful behavior under the FEHA. •Paychecks – Modified based on Assembly Bill 2535 which includes employees who are exempt from minimum wage (such as outside salespersons) among those for which an employers is not required to include the number of work hours on the paycheck stub. •Rest Periods – Modified according to a 2016 court decision which directs employers to implement the rest period schedule described in the applicable Wage Order. Combining multiple rest periods into one longer break may only be done in unusual or exceptional circumstances. •Employee Conduct and Smoking – These policies have been modified according to ABX2-7 which expands the prohibitions against smoking in the workplace. •Paid Family Leave – Modified according to Assembly Bill 908 which increases the amount of Paid Family Leave benefits. •Safe Use of Cellular Phones – Modified according to Assembly Bill 1785, which provides specific requirements for the use of hands-free cellular phones and other communications devices. •Policies Prohibiting Drug and Alcohol Abuse – Modified in response to California’s Proposition 64 which permits the recreational use of marijuana. Employees are informed that this change in the law does not alter your organization’s policies prohibiting drug or alcohol abuse.
Thank you for participating in the Year In Review program. Please contact us at 559.431.8090 if you have questions or concerns regarding how to implement any of these policies with your staff. We appreciate the opportunity to be of service.
Janet Keene, PHRDaniel Larsen, PHR HR ConsultantHR Consultant 1.04Policy Prohibiting Unlawful Discrimination and Harassment
All persons, including employees, vendors, contractors, clients, customers and other third-parties are prohibited from engaging in unlawful behavior under the Fair Employment and Housing Act (“FEHA”) or Title VII. Unlawful behavior includes discrimination, harassment or retaliation of our employees, independent contractors, or interns. We want to maintain a working environment free from all forms of discrimination and harassment, whether based upon race, religious creed (including religious dress or grooming), color, national origin (including possessing a driver’s license issued under Vehicle Code § 12801.9), ancestry, physical or mental disability, medical condition, genetic information or characteristics, marital status including domestic partnership, familial status, age, sex (including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth or related medical conditions and breastfeeding or medical conditions related to breastfeeding), gender identity, gender expression, or sexual orientation, military or veteran status, or any other legally protected characteristic or status. Employees are also protected if they are perceived to have any of these characteristics or are associated with a person who has, or is perceived to have any of these characteristics.
Every employee has the responsibility to maintain the workplace free of any form of unlawful discrimination or harassment. If you are the victim of unlawful discrimination or harassment, or if you witness an event that you feel may constitute unlawful discrimination or harassment, you must immediately report the incident(s) to an appropriate authority. You cannot remain silent. You have an obligation to report the incident(s) and cooperate in any investigation.
Managers and supervisors are accountable for taking reasonable steps to prevent unlawful discrimination or harassment and stop the behavior from reoccurring in the event it does happen. This includes ensuring reporting of incidents, monitoring employees and third persons (such as vendors or clients) who may have engaged in inappropriate behavior, carefully listening to employee grievances regarding alleged unfair treatment and protecting employees against retaliation. Supervisors must report any complaints of misconduct to the General Manager so we can try to resolve the claim as quickly as possible.
Selma Cemetery District will not retaliate against you for making a complaint regarding any employment practice prohibited by this policy, or for testifying, assisting or cooperating in any proceeding authorized by state or federal civil rights laws. Nor will we retaliate or discriminate against a person for requesting a religious accommodation.
The District will take prompt remedial action in the event of a complaint. All complaints of unlawful discrimination or harassment will be followed by a fair, complete and timely investigation by qualified personnel. We will provide all parties with appropriate due process and reach reasonable conclusions based on the evidence collected. Investigations will be documented to show reasonable progress, and will be closed in a timely manner.
Prompt remedial action may include investigations, disciplinary actions or appropriate restoration. Discretion will be used during the investigation in order to maintain as much confidentially as possible while still being able to effectively complete the investigation. To the extent possible, the complainant and the accused will be advised of the findings and the conclusion. To provide confidentiality and to protect all persons, including witnesses, the District may not disclose all information in its possession.
Remedial action will be taken if misconduct is found. Action taken will be designed to ensure that the victim is restored to his/her position and that the inappropriate behavior will not be repeated. Action taken for misconduct could include job discipline, termination of employment, termination of a contract or other measure depending on the circumstances of the situation and the person’s relationship with the organization.
General work hours for Office and Grounds are 7:00 a.m. to 4:00 p.m. Monday through Friday. Your schedule may vary depending on the needs of your department. You are expected to be at your work area on time and working in accordance with your work schedule. While occasional, infrequent emergencies are understandable, repeated or frequent tardiness cannot be permitted.
Each pay day Selma Cemetery District will pay you with a check. The check will include an itemized statement of earnings, typically referred to as a “paycheck stub.” The statement will show, for the pay period, gross wages earned, total hours worked (except for employees exempt from overtime and minimum wage pursuant to California law), all deductions, net wages earned, the dates of the pay period, your name and part of your social security number, the name and address of the business, and the applicable hourly rate. We will also provide you with the state mandated paid sick leave benefits you have accrued either on the paycheck stub on or a separate document distributed with your paycheck. Please assure that all personal information is true and correct. If changes need to be made, please contact your supervisor or the General Manager.
Selma Cemetery District encourages that all employees take rest periods, which shall be insofar as practicable in the middle of each work period. Employees are given 10 minutes of rest per four hours of work performed. The District will try to permit rest periods in the middle of each work period unless practical considerations render it infeasible. We will not let employees aggregate rest periods and take them all at once. Employees may need to coordinate schedules so that everyone can take a rest period. If, due to the press of business or for other reasons, you feel as though you cannot take a rest period, contact a supervisor.
Full-time and part-time employees are eligible for up to 5 days paid leave for the death of an immediate family member. Members of the immediate family include spouse, registered domestic partner, parent, step-parent, sibling, child (step, foster or adopted), grand-parents and specific in-laws including: grandparent/grandchild, parent, child, or sibling of your spouse or registered domestic partner. Additional unpaid leave may be granted for extenuating circumstances, at the sole discretion of the General Manager. Employees may also elect to use vacation for this purpose.
5.05Safe Use of Cellular Phones
Safety is the first priority when driving. You should avoid activities that distract you from driving. You must comply with the law if you use a cellular device in the car. The law states:
•A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless it is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. •A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if: (1) the handheld wireless telephone or electronic wireless communications device is mounted so as not to hinder the driver’s view of the road; and (2) the driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or electronic wireless communications device with the motion of a single swipe or tap of the driver’s finger.
Other safe practices include:
•Pulling to the side of the road, or parking the vehicle if you are having difficulty concentrating. •Discontinue the phone call if it is a complicated discussion, or distracts you from your driving; and •Do not take notes while driving. 5.07Policies Prohibiting Drug and Alcohol Abuse
No employee may possess, sell, trade, offer for sale or otherwise engage in the illegal use of drugs or the use of alcohol on the job. The enactment of Proposition 64 in California permitting the recreational use of marijuana does not in any way alter District’s policies prohibiting drug and alcohol abuse.
Selma Cemetery District is committed to providing a healthy and safe work place. In keeping with this commitment, smoking (including the use of e-cigarettes) is prohibited in all enclosed areas of the workplace. Enclosed spaces include covered parking lots, waiting areas, elevators, stairwells and restrooms.
Benefits payable from the state under PFL may include approximately 55 to 70 percent of lost wages for employees who contribute to SDI. Employees collecting workers’ compensation, unemployment or SDI are not eligible to collect PFL.
General Manager: Sandi Miller
Burials as of 5/31/17: 151
Preneed Contracts: 10
•Memorial Day: The service went well. We had a good crowd this year. We had a lot of people asking about the wall of names. I explained it had been made back in the 70’s and so I allowed them to place their loved ones name on the back of the wall. •LPIP Insurance Program: Every year I send in documents to help Get us a discount on our insurance. I received notice that we will be receiving a check for $1,498.00 from this program. •Brown Act Class: CSDA will be holding a Brown Act Training in Bakersfield August 16, 2017. Please let me know if you are interested in attending. •AB979 LAFCO: This bill will help districts have representation on the LAFCO boards. The bill has passed the Assembly and is pending before the Senate Governance and Finance Committee. •West Cemetery: I drove over to look at the West Cemetery; it was looking a little rough so I sent the guys to clean it up.
Regular Meeting of the
SELMA CEMETERY DISTRICT
RECORD OF THE BOARD OF TRUSTEES
Thursday May 25, 2017 Consent Agenda1
1.Call to Order: 4:30pm 2.Roll Call: Chair: Robert Allen - Present
Vice-Chair: Una Tristan - Present
Trustee: Ron Baker - Present
Trustee: Alan Langstraat - Present
Trustee: Alfonso Caro – Excused Absence
Staff Present: General Manager: Sandi Miller - Present
Date of Next Board Meeting: Thursday June 22, 2017 3.Public Comment: Members of the general public may address the Board of Trustees.
No comments at this time, but present are Char Tucker of Tucker and Associates and Sandra Wheeler of Wells Fargo Advisors.
1.Minutes: of the Thursday April 27, 2017 Regular Meeting of the Board of Trustees 2.Disbursements:4/01/17 through 4/30/17
Motion to accept the Consent Agenda as presented by Trustee Ron Baker, Second by Vice-Chair Una Tristan. Vote: Vice-Chair Una Tristan - AYE , Chair Robert Allen – AYE - Trustee Ron Baker - AYE– Trustee Alan Langstraat – AYE, –Trustee Alfonso Caro-ABSENT
NEW BUSINESS: Discussion/Action
1.Signature Sheet: It’s time once again to sign the signature page for the County of Fresno Auditors. The signature sheet was passed around and signed by all board members present. 2.Draw from Wells Fargo: GM Sandi Miller will explain the error made on the draw to finish the month of April. GM Sandi Miller explained that she needed to make a draw to complete a slow month, our agent Sandra Wheeler was headed out of town and gave her assistant the information. There was a mix up and she didn’t make and Ach deposit she sent a check and funds came from our Endowment Principal account. WE are not allowed to use those funds at this time so she called and asked them to correct the problem. They placed a stop payment on the check and transferred the funds back into the Endowment Care Principal account and did an Ach deposit from the Endowment Care interest account which is what those funds are for. I let our auditors know what happened and they have requested a letter from Wells Fargo explaining the situation. 3.Wells Fargo: Our representative from Wells Fargo Sandra Wheeler will be here to present our annual report. Sandra Wheeler of Wells Fargo was brought to the table and presented the board with a copy of the report she will be going over to all the board members. She went through the report explaining the different accounts and investments to the board. She also explained some of the laws that determine how we are allowed to invest the districts funds. 4.Legislative Days: Chairman Robert Allen and Vice-Chair Una Tristan to report on this conference. Vice-Chair Una Tristan said that she found the conference to be interesting. We didn’t meet with our actual representatives, but we did meet with their aids. Which we were told is better because they make recommendations to the representatives. Chairman Robert Allen feels that it is better to meet directly with the representatives. He reported that the bill we were discussing with them was to allow Special Districts to have easier access to having representation on the LAFCO board. 5.Preliminary Budget: Please see the attached preliminary budget for 2017/2018 for review. Please review the budget and call GM Sandi Miller if you have any questions, any changes to the budget will be presented at the June meeting and the final at the July meeting. 6.Manager’s report:
General Manager: Sandi Miller
Burials as of 4/30/17: 134
Preneed Contracts: 11
•Property update: The month of May has been very busy and the grounds crew has not had time to keep up with the yard at the ranch. Char Tucker of Tucker and Associates will be having her yard man care for the yards. •Memorial Day Service: The grounds crew has been working to get the grounds ready for the program that day. As usual the office will be open 8am until the crowd starts to clear out. The program starts at 9am, and usually about an hour or so. Please join us for the service. •Family Members and Students on the grounds: We had a couple of complaints from families about the parents and students using our drives to avoid the stop light when school is out. One family member was almost hit by a fast moving car. I spoke to the school and Grounds Supervisor Alvaro Salazar: the grounds crew will be putting the chain up at the east end of Floral Memorial Park to stop them from using our driveways.
1.Cemetery Expansion: Pursuant to California Government Code Section 54956.8; Char Tucker of Tucker and Associates will be attending to update us on the status of the property. 2.Reportable Action: Motion to remove the property from for sale status and to rent the house, using Tucker & Associates ( Char Tucker ) to be the agent. The lease will be for one year from the date of contract by Vice-Chair Una Tristan, Seconded by Trustee Alan Langstraat, Vote Alan Langstraat – AYE, Una Tristan – AYE, Robert Allen – AYE, Ron Baker – AYE, Alfonso Caro - ABSENT 3.Trustees’ reports: Trustee: Robert Allen-Nothing
Trustee: Alfonso Caro - Nothing
Trustee: Ron Baker - Nothing
Trustee: Alan Langstraat - Nothing
Trustee: Una Tristan – Nothing
4. Adjournment: 5:48pm
General Manager-recording secretary