Colorado River District . Pretecfing WeStern (altimeter Water Since 7 937 .MEMORANDUM September 8, 2017 To: - BOARD or DIRECTORS, FROM: ERIC KUHN SUBJECT: RIVER DISTRICT HIRING PROCESS This Week Zane Kessler began work at the River District in the External Affairs Department under Chris Treese and has the title of Communications Director. Zane?s previous employer was the Thompson-Divide Coalition which has created a bit of a controversy. To hire Zane, we followed the process outlined in our employee policy and procedural guidelines manual. We published notice of the opening along with quali?cations. We received 25 applications. A staff committee interviewed eight candidates. The committee was comprised of Chris, John, Audrey, Jim, and Martha. Peter also participated 1n two of the interviews Zane was the unanimous choice. Chris checked references (and second tier references). One of our concerns was could Zane make the transition from a group that has a strong conservation/preservation agenda (NOTE, its agenda includes supporting and protecting local agriculture) to the River District which has a broad mission, including developing and managing water resources. All of the feedback was that Zane is a skilled professional and will be as successful an advocate for the River District?s mission as he was for his previous employers. His past associations would not bias his work in any way. Peter and I received an email from Dave Merritt expressing his concern with the hire, lack of notice to the Board, and an article in the Glenwood paper that indicated that Zane would continue to work for. Thompson-Divide and the River District. Further, both Chris and I received a call from a very concerned county commissioner (not on our board) expressing outrage that we would hire someone that had worked for the Thompson-Divide Coalition. The commissioner was also concerned with the GlenwoOd Post-Independent article. Both Chris and I have confirmed that Zane has severed his ties with Thompson-Divide and works exclusively for the River District under Chris. From our view the article was simply wrong. I was quite emphatic 1n my defense of our hiring process. It was competitive. It was not arbitrary. There are no political litmus tests. We don ask what political party they belong to or who they voted for or anything else of that nature. Where we had concerns, we vetted those issues During the call, I was asked if the River District would ever hire an attorney that worked for a transmountain diverter. I responded ?absolutely.? One of our attorneys used to Work for Colorado Springs, Pueblo, and Twin Lakes while the other worked for Aaron Million. Both are now superb advocates (and assets) for the West Slope. We fill positions based on quali?cations and how we 201 Centennial Street! PO Box 1320 Glenwoed CO 8t602 (970) 94568522- (970) 945-8799 Fax War Bistri ct mg Page 2 of 2 Personnel Issues September 8, 2017 believe an employee will assimilate and bene?t the culture and mission of the River District, not on our View of their previous employers. At the end of the call, the commissioner acknowledged that he had never met Zane, spoken with Zane, and wouldn?t recognize him if he ran into him at the store, but was still concerned about the message. The issue is not resolved. In many ways, it?s a no-win situation. Given the Board will be interviewing for my successor, you may want to consider how you as a board member would expect River District management to handle a similar situation. REK/ldp MESA COUNTY COLORADO BOARD OF COUNTY COMMISSIONERS District 1 John Justman 970?244?1605 District 2 Scott 970?2444 604 District 3 Rose Pugliese 970-244?1606 PO. Box 20,000 544 Rood Avenue Grand Junction, Colorado 81502-5010 mcbocc@mesacounty.us Fax (970) 244-1639 September 12, 2017 Mr. John Ely Colorado River District Re: River District Dear Mr. Eiy, Recently the undersigned Mesa County Commissioners (Commissioner Justman is out of town), became aware by reading the Gienwood Post Independent, that the Colorado River Water Conservation District (River District) hired Zane Kessler, forrner Executive Director of the Thompson Divide Coalition (TDC), to be the Communications Director. This is not well taken by the Mesa County Commissioners as Mr. Kessler has openly advocated issues that are adversarial to the interests of Mesa County. Mr. Kessler, as an anti-oil and gas activist, has led the effort, for many years, to cancel oil and gas leases on public lands, including retroactive action to existing leases. These cancellations will have a broad and far reaching detrimental impact on energy related needs and jobs on the Western Slope. Mr. Kessler and the efforts included not oniy the Thompson Divide but the region as covered by the long term planners of the White River National Forest (a critical muiti~use Forest). Mr. Kessler is very controversial in the positions that he has taken and that he has led in his position with the TDC. Mr. Kessler has become well estabiished in the political world as representative of those positions, which in our opinion, conflict with many of the River District?s goals and positions, and are harmfui to the critical water rights the River District is charged with protecting for the multi?use concepts of energy, development, agriculture, to name a few. It should be noted that the TDC has now broadened its reach beyond what was the Thompson Divide, and has begun focusing on the entire White River Forest. We suspect you will see arm reaching into the Colorado River Basin. Mr. Kessler is now well placed with the River District to assist those type of efforts, andbased upon his comments; it appears he intends to do so.' it is interesting to note that Mr. Kessler has, in his first few days on the job, caused a stir up, which seems par for the course. Mr. Kessler intends to do doubie duty for both the River District and the TDC. As quoted from the Glenwood Post article, Mr. Kessler said: wili continue to be active with the coalition in _a volunteer capacity." When contacted by Commissioner River District General Manager Eric Kuhn stated that this would not be allowed and that Mr. Kessier was aware that this was the understanding. Further, Mr. Treese, on at least two occasions last Friday and Saturday, advised Commissioner that the statement was not true and in fact, the newspaper had misquoted Mr. Kessler. Commissioner then contacted Gienwood Post Reporter John Stroud to verifythe printed statement. Mr. Stroud confirmed that it is exactly what Mr. Kessier said and he stands behind. the quote. Furthermore, it seems to also be the understanding of Mr. Ogliby, a TDC Board member, when he said that coalition intends to keep-Mr. Kessler?s number close at hand (same articie). The fact is Mr. Kessler does intend to do both, which now presents the District with not only a ?he said, she said? controversy regarding Mr. Kessler?s statements, but brings up the question of conflict of interest and the need for District employees to support and advocate for the poiicies of the District. Page 2 of 2 Mr. Kessler?rode hard for the TDC brand and it is a stretch to think he can drop those many years of leadership against multiplewuse, including energy, to now ride hard for the District in, of all things, the position of Communications Director, where according to Mr. Kessler, he will be working on state?level water policy issues. We, have been further advised that he is being groomed for Mr. Treese's job upon his retirement. Mr. Treese has been effective over the years because he built good solid relations with parties across the spectrum. Mr. Treese started riding with the District?s brand, and he stayed riding with its brand. As a member of the District, the undersigned Mesa County Commissioners ask that you provide to all of the organizations that are members?of the District, the conflict of interest policies you now have in place and that you also describe in detail the due diligence practiced by the District when filling critical jobs. Furthermore, we ask for a clear understanding of what the exact agreement is with Mr. Kessler regarding his continued effort with TDC or any organization that may be in conflict with the District?s policies and goals. We would expect strict policies on information sharing regarding in?house River by someone in such a critical position. We would like to note that we would have provided input on this critical staff hire had we been asked, but Mr. Treese informed us that although he talked to Mr. Kessler?s provided references, he admitted he did not make any calls into Mesa County (and we suspect to any other counties) regarding Mr. Kessler?s hiring, and that he was not aware of any controversy involving Mr. Kessler (which could easily have been researched on Google). This we find extremely disappointing. We believe it would be prudent to review the matter, in light of the strong concerns of the Mesa County Commissioners. Since rely, Scott Chair Rose Pugliese, Commissioner Letter: Kessler?s new role September 12, 2017 Earlier this month, ljoined the Colorado River District as full?time communications director, a position that will allow me to continue working with local governments and stakeholders to help steward western Colorado's most valuable natural resource. I am truly excited for this new opportunity and look forward to working with the district's world-class team "to lead in the protection, conservation, use and development of the water - resources of the Colorado River and?its principle tributaries." I will certainly miss my work with the Thompson Divide Coalition and with the men and women who?dedicated themselves to conserving public lands, ensuring that local voices are heard in public lands' management, and preserving family farms and ranches. It was an honor to work alongside. very diverse, and often divergent, interests in that effort ranchers and mountain bikers, environmentalists and snowmobilers, Republicans and Democrats I learned many valuable lessons that will serve me well In my new position at the Colorado River District. While I am no longer working for the coalition I look forward to continuing to work with diverse, Western Slope interests to protect western Colorado water for the welfare of the entire district. Zane Kessler Carbondale Colorado River Water Conservation District Employment Policies And Procedural Guidelines January 2017 Colorado River Water Conservation District Employment Policies and Procedural Guidelines TABLE OF CONTENTS Page AT WILL EMPLOYMENT . 1 GENERAL 1.01 Purpose and Use of this Publication 2 1.02 Employee 2 1.03 Open Records Act 3 2 EMPLOYMENT PRACTICES 7 2.01 Equal Employment Opportunity Policy 4 2.02 Compliance with Americans With Disabilities Act (ADA) 4 2.03 Compliance with Immigration Reform and Control Act 4 2.04 Employee Status Job Classi?cations 4 2.05 Length of Service 5 2.06 Employment Procedures 6 2.07 Employment of Relative 7 2.08 Performance Appraisals '7 2.09 Personnel Records 7 2.10 Employment Veri?cations 8 2.11 Separation from Employment 8 2.12 Employment Recommendations 8 3 AND BENEFITS 3.01 Pay Periods 9 - 3 .02 Use of Time Allocation Records 9 3.03 I 9 3.04 Payroll Deductions 10 3.05 Overtime Compensatory Time 10 3 .06 Salary Administration . 1 1 3.07 Employee Bene?ts 11 3.08 Health Insurance 12 3.09 Long?Term Disability 12 3.10 Short-Term Disability 12 3.11 Life and Accidental Death Dismemberment Insurance 12 3.12 Retirement Bene?t Plans (Pension, 457 Deferred Compensation, Retirement Health Savings Account Plan) 13 3.13 Cafeteria Plan . .. 15 3.14 Health Savings Account 15 3.15 Employee Service Anniversary Recognition Program . 15 3.16 EducationAssistance Program 15 3.17 Employment Housing Assistance Program 16 i Colorado River Water Conservation District Personnel Policies and Procedural Guidelines TABLE OF CONTENTS - (continued) 4 FROM WORK Page 4.01 Holidays 17 4.02 Vacation Bene?ts . 17 4.03 Paid Personal Leave, PPL 19 4.04 Absences 19 4.05 SickLeave Bene?ts 19 4.06 I 21 4.07 Bereavement 22 4.08 Military Duty 23 4.09 Jury Duty 23 4.10 Unscheduled Of?ce Closures 23 5 EMPLOYEE CONDUCT 5.01 Sexual Harassment Discrimination 24 5.02 Drug-Free Workplace 24 5.03 Substance Abuse Prohibited .- 25 5.04 Smoke-Free Workplace 25 5.05 Prohibited Possession or Use of Weapons Firearms 25 5.06 Compliance with District Policies and Guidelines 25 5.061 Use of District Equipment, Property Supplies 25 5.062 Use of the District's Computer Network, Electronic Mail (e-mail) System and Access to the Internet 26 5.07 Use of Vehicles 27 5.08 Travel and Business Expenses 28 5.08A Travel Reimbursement Schedule 30 5.09 Political Activities and Public Speech 31 5.10 Con?icts of Interest . ?31 5.11 Liability Assumptions 3 5.12 Assignment 32 5.13 Solicitations . 32 5.14 Safety Accident Reporting 32 5.15 Workers Compensation . 32 5.16 Corrective Action Guidelines 32 6 EMPLOYEE TRAINING 6.01 Employee Training 34 7 EMPLOYEE PROBLEM RESOLUTION 7.01 Employee Problem Resolution 35 Figure 1 Request for Review elm 3 7 Figure 2 Organizational Structure 39 Figure 3 .. Review Decision Form 4O i i Colorado River Water Conservation District Personnel Policies and Procedural Guidelines TABLE OF CONTENTS (continued) Figute 4 Voluntaiy Levels of Review 41 APPENDIX - . Egg Employee Performance Appraisal Document . . . . . 43 Travel Expense Report Form 47 Float Plan 48 Release of Liability, Acknowledgment of Risks and Indemnity Agreement I. .. 49 ACKNOWLEDGMENT OF RECEIPT 53 Colorado River Water Conservation District Personnel Policies and Procedural Guidelines The Colorado River Water Conservation District 15 an at~Will employer. The District and employees each have the right to end the work relationship at any time with or without advance notice or cause. This right cannot be waived or altered by the statements or actions of any District employee or Board member. As such, the language used in this document is not intended to constitute a contract of employment, either expressed or implied, with any one or all of the District?s employees. 2 EMPLOYMENT PRACTICES 2.01 EQUAL EMPLOYNEENT- OPPORTUNITY POLICY The District is an Equal Employment Opportunity Employer and will not discriminate on the basis of age, sex, disability, religious preference, race, color, national origin, ancestry, military service, political preference or otherstatuses protected by law with respect to job application procedures, employment, advancement, compensation, job training, discharge or any other term, condition or privilege of employment. 2.02 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The ADA prohibits discrimination in employment against quali?ed, disabled individuals who are able to perform the essential functions of their positions, with or without a reasonable accommodation. The District will attempt to work with any quali?ed individual to provide reasonable accommodation so as to comply with the ADA. Employees needing accommodation are responsible for initiating the request by discussing their needs with their immediate supervisor. 2.03 COMPLIANCE WITH REFORM AND CONTROL ACT The District will employ only United States citizens and aliens who are authorized to work in the United States. The District will not discriminate unlawfully on the basis of citizenship or national origin. To the extent applicable, in compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Veri?cation 01m L9 and present documentation establishing identity and employment eligibility. Former employees who are rehired, must also complete Form 1-9 if they have not completed a Form L9 within the last three (3) years, or if their previous Form L9 is no longer retained or valid. 2.04 EMPLOYEE STATUS CLASSIFICATIONS . At the time a position is established, supervisors are responsible for assigning classi?cations based on job responsibilities and work schedules. Employment classi?cations determine an employee?s eligibility for participation in benefit programs and requirements for overtime compensation. Employment classifications are de?ned below. - Regular Full?Time? Employees who are hired to work for an inde?nite period and work at least 40 hours per week on a regular basis. Full?time employees are eligible for all District benefits as described 1n this publication upon meeting service eligibility requirements- I Regular Part-Time Employees who are hired for an indefinite period and work less than full? time (minimum 24 hours per week) on a regular basis. Partwtirne employees may be eligible for District bene?ts as described in this publication upon meeting service eligibility requirements and the minimum hourly requirement for part-time employees as speci?ed by the District?s current healthcare plan. Contractual Full?Time or Part-Time Employees who are hired under a contractual agreement. In certain situations, the River District may choose to provide a ?nancial contribution towards the cost of healthcare correrage and/or relocation expenses. Temporary? Employees who are hired for a short-term assignment for a speci?c duration or until completion of a special project. Temporary employees may work a part?time or full-time schedule. Employees in this category are not eligible for District bene?ts. 4 2.06 PROCEDURES Positions may be approved for staffing as part of the annual budget, as vacancies require replacements or as recommended by the Secretary or General Counsel and approved by the Board. When such positions become available and no current employee is designated to assume the position as part of their career progression within the District, quali?ed applicants will be solicited. The District may consider internal applicants at the same time external applications are. being. solicited through various recruiting activities All employment recruitment, screening and selection practices are based upon job~related factors- Employment selection decisions are made 1n a non-discriminatory manner as de?ned by the District's Equal Employment Opportunity Policy. Recruitment Activities Recruiting method(s) deemed most cost-effective and productive to ?ll staf?ng requirements will be utilized by the District. All related recruiting expenses anticipated in soliciting and screening job applicants such as recruiter's fees, travel reimbursement, relocation allowanee, etc. must be authorized in advance by the Secretary and/or Board. All applications and. resumes received in response to recruitment for speci?c openings will be maintained as part of the District?s employment ?les, subject to District policies concerning retention of records. Once the position is ?lled, all applications and resumes are no longer considered active unless the position is re?opened within the next 90 days. The human resources manager is responsible for maintaining the District's employment ?les and meeting related record keeping and reporting requirements. Applicant Screening?,?Interviewing and Selection . All applicants considered for openings will be screened using job? related selection criteria Screening . activities may include, but are not limited to, review of applications and/or resumes, telephone interviews, use of agencies to screen resumes using criteria supplied by the District, job~related pre? employment tests, personal interviews,'. review. of work samples and background/consumer reports/reference checking. Candidates will be selected based on a collective review of the results of all screening activities. Extending Employment Offers Offers of employment may be extended by the hiring supervisor following budgeted guidelines. ob offers are generally extended verbally and may be con?rmed 1n writing where deemed appropriate by . the District. Written confirmations of ob offers require the advance review and approval of the District's General Counsel or Secretary, as applicable. Relocation In certain situations, the District may choose to provide relocation expense assistance to a new employee- If relocation expense assistance is provided, the District will reimburse an employee for moving expenses up to a maximum amount which is determined at the time the employment offer is extended. A housing allowance to assist with the cost of temporary living exPenses may also be offered- Again, if offered, the maximum amount of the housing allowance would be determined at the time the employment offer is extended. An employee will be allowed up to a maximum of three excused days with pay to be used for personal activities associated with the relocation of their permanent residence. Examples of relevant personal relocation activities include but are not limited to: residence purchase or sale settlement activities, packing, loading of the moving van, etc. These days may be taken on a one?by?one basis or in succession. 5. 09 POLITICAL ACTIVITIES AND PUBLIC SPEECH While employees have a right to engage in political activities and to speak on matters ofpublic concern, the District expects its employees to engage in such activities without disrupting the District? operations. Thus, employees are prohibited from partibipating in such activities while working. Employees may request time off or a leave of absence in order to take part in such activities during normal working hours. The process and standards for granting such requests shall be similar- to other requests for time off. Employees shall not use District equipment or on?dnty time to prepare, copy; or distribute Written materials pertaining to political activities or matters of public concern that are unrelated to their job responsibilities. Employees shall also make reasonable efforts to not author papers or present public remarks on issues related to their employment that may interfere with the District? 5 effective operation and policy implementation or impede the efficiency of the public services performed by the DistriCt through its employees. 5.10 CONFLICTS OF INTEREST - Employees are expected to avoid actions, commitments or associations that might create or give the appearance of creating a con?ict of interest with the ongoing interests and responsibilities of the District. Outside employment hasthe potential to create either con?icts or appearances of con?icts. While use i of off?duty time is fully at the employee?s discretion, the employee must notify in writing his or her immediate supervisor and the Secretary of any employment which could cause a con?ict of interest, or the appearanbe of a con?ict of interest. Following are examples of outside employment which could cause concern: 1) Individuals or entities who currently contract with the District and with whom. the employee has a direct relationship. . 2) Individuals or entities who have contracted with the District in the past year, or may be . expected to contract with the District and with whom the employee has a direct relationship- . 3) Individuals or entities who have taken or may take legal action in opposition to the District. . Once noti?ed of an employee?s con?ict of interest or potential conflict of interest, the Secretary is required to disclose the employee?s situation to the Board. After reviewing'the situation, the Secretary, in consultation with the General Counsel, will determine whether the situation results in a con?ict of interest, and, if so, what action should be taken to resolve the situation. Resolution may include permitting employees to engage in the activity upon full disclosure to all parties with an interest in the matter, allowing employees to choose between eliminating the circumstances causing or creating the con?ict or withdrawal from any involvement in the activity, or any other action the District deems appropriate under the circumstances. . 5.11 LIABILITY ASSUMPTIONS 1 Employees shall not enter into any oral or mean contracts or agreements or Sign any documents that would impute any legal liability to the District, including but not limited to a duty to indemnify, without the prior consent of the Board or General Counsel. 31