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HomeMy WebLinkAbout1994-09-13 - RESOLUTIONS - PERSONNEL RULES AMEND (2)RESOLUTION NO. 94-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING AND ADOPTING THE PERSONNEL RULES PROVIDING FOR THE ESTABLISHMENT OF REGULATIONS GOVERNING THE PERSONNEL SYSTEM WHEREAS, Section 5 of Ordinance 88-52 of the City of Santa Clarita requires the City Council to adopt and amend as necessary Personnel Rules; and WHEREAS, Section 5 of Ordinance 88-52 of the City of Santa Clarita requires that these rules establish regulations governing the personnel system; and WHEREAS, Ordinance 88-52 was adopted on January 10, 1989; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita as follows: SECTION 1. The Personnel Rules attached hereto as Exhibits 1, 2 and 3 are hereby adopted and amended. SECTION 2. That the City Clerk shall certify the adoption of this resolution. PASSED AND ADOPTED by the City Council of the City of Santa Clarita at a regular meeting held on the 13 day of September 1994. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 13_ day of se p t �, 1994, by the following vote of the Council: AYES: COUNCILMEMBERS: Boyer, Darcy, He=_dt, Smyth, Pederson NOES: COUNCILMEMBERS: None COUNCILMEMBERS None man.ms94105#1 RUG -30-1994 07:49 11: PERSONNEL RULES CTTY OF SANTA CLARTTA MIN SEC. 1. "Advancement": A salary increase within the limits of a pay range established for a class. SEC. 2. "Allocation": The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibuines exercised. SEC. 3. `A pointing Authority": The officers of the city who have the final authority to make the appointment to the position to be filled. SEC. 4. "Appropriate Unit": Means a unit of employee classes orposidons, established pursuant to Article 11 thereof. SEC. 5. "Class": All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common tide in the application with equity of common standards of selection. transfer, demotion and salary. SEC. 6. "Competitive Service": All positions of employment in the service of the City except those excluded by the personnel ordinance. SEC. 7. "Cogfidenual Employee": Means an employee, who, in the course of his or her duties, has access to information relating to the City's administration of employer- employee relations. SEC. 8. "ConsultlCotuvltation in Good Faith": Means to comnu nicare orally or in wriling for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished Jiom meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counter proposals in an endeavor to reach agreement, nor is it subject to Article IV hereof. SEC. 9. "Date of Hire": The date an employee was first appointed to a permanent position with the City of Santa C dta. SEC. 10. "Days": Means calendar days unless expressly stated otherwise. SEC. 11. "Demotion": The movement of an employee from one class to another class having a lower maximum base rate of pay. SEC. 12. "Disciplinary Action": The discharge, demotion, reduction in pay, or suspension of a regular employee for punitive reasons and not for any non -punitive reasons. SEC. 13. "Eligible": A person whose name is on an employment list. SEC. 14. "Employment List": a. Open employment list: A list of names of persons who have taken an open- RUG -30-1994 07:50 P.03 competitive examination for a class in the competitive service and have qualified. b. Promotional employment list: A list of names of persons who have taken a promotional examination for a class in the competitive service and have qualified. SEC. 15. "Examination": a. Open -competitive examination: An examination for a particular class which is open to all person meeting the qualifications for the class. b. Promotional examination: An examination for a particular class which is open only to employees meeting the qualifications for the class. c. Continuous examination: An open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one (1) year. SEC. 16. "Immediate Family": lrtmtediate family means: spouse; natural, step or legal children; parent, including in-laws; brother or sister, grandparent; grandchild. SEC. 17. "Impasse": Means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantiat and prolonged thatfunher meeting and conferring would be futile. SEC. 18. "Lay -Off": The separation of employees from the active work forte due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes. SEC. 19. "Management Employee": Means an employee having responsibility for formulating, administering or managing the implementation of policies or programs. SEC. 20. "Personnel Officer" : Means the City Manager or his/her duly authorized representative. SEC. 21. "Personnel Ordinance": Ordinance No. 88-52 which creates a personnel system for the City. SEC. 22. "Position": A group of duties and responsibilities in the competitive service requiring the full-time or part-time employment of one person. SEC. 23. "Probationary Period": A period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. SEC. 24. "Promotion": The movement of an employee from on class to another class having a higher maximum base rate of pay. SEC. 25. "Proof of Employee Support': Means (1) an authorization card recently signed AUG -30-1994 07:50 am and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally date by an employee, or (3) employee dues deductlon authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed' shall mean within one hundred eighty (180) days prior to the filing of a petition. SEC. 26. "Provisional Appointment": An appointment of a person who possesses the minimum qualification established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six months, unless extended by the City Manager. SEC. 27. "Recognized Employee Organization": Means an employee organization which has been formally acknowledged by the City as the employee organization that represents the employees in an appropriate representation unit pursuant to Article 11 hereof. SEC. 28. "Regular Employee": An employee in the competitive service who has successfully completed the probationary period and has been retained as hereafter provided in these rules. SEC. 29. "Reinstatement": The restoration without examination of a former regular employee to a classification in which the employee formerly served as a regular non- - probationary employee. SEC. 30. "Relief of Duty": The temporary assignment of an employee to a status of leave with pay. SEC. 31. "Seniority": The amount of time spent in paid status in a permanent City position. Seniority is accrued for full months of City service. Individuals serving in part time positions shall have thea seniority calculated proportionately. SEC. 32. "Supervisory Employee": Means any employee having authority, in the interest of the City, to hire, trangfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. SEC. 33. "Suspension": The temporary separation from service of an employee without pay for disciplinary purposes. SEC. 34. "temporary Employee": An employee who is appointed to a non -regular position for a limited period of time. SEC. 35. "rransfer": A change of an employee from one position to another position in the same class or in a comparable class. ''Italics indicates change TOTAL P.04 Rule XX Employee Relations Policy WI ZVI lei u • • •. Section 1 This Rule provides procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units. Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations including, but limited to, wages, hours and other terms and conditions of employment; except, however, for those rights which are reserved to the employer by law or reserved by provision contained herein. Employees shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to be free from intimidation, restraint, coercion, interference, discrimination or reprisal because of their exercise of any of the rights herein enumerated or granted by law. Nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; require overtime; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to cart' out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Section 2 The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest and that fragmentation and/or proliferation of units must be avoided. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. b. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. C. Consistency with the organizational patterns of the City. d. Number of employees and classifications, and the effect on the administration of employer-employee relations. There shall be no fragmentation of classifications and/or proliferation of units. e. Effect on the classification structure and impact on the stability of the employer- employee relationship of dividing related classifications among two or more units. A single classification shall not be divided between different units under any circumstances. Managerial supervisory and confidential responsibilities are determining factors in establishing appropriate units hereunder, and therefore such managerial, supervisory and confidential employees may not be included in units that include non -managerial, non -supervisory and non - confidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees on matters within the scope of representation. The Personnel Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section and this Article II where applicable. The Personnel Officer may also propose to modify existing units utilizing the provisions of these rules. Section 3 An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Personnel Officer containing the following information and documentation: a. Name and address of the employee organization b. Names and titles of its officers c. Names of employee organization representatives who are authorized to speck on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the City. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and by-laws or articles of incorporation. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, disability or national origin. i. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Personnel Officer or to a mutually agreed upon disinterested party. k. A request that the Personnel Officer formally acknowledge the petitioner as the Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Section 4 City Reslonse to Recognition Petition Upon receipt of the Petition, the Personnel Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and; b. The proposed representation unit is an appropriate unit in accordance with Section 1 of this Article. If an affirmative determination is made by the Personnel Officer on these matters, (s)he shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of these matters are not affirmatively determined, the Personnel Officer shall offer to consult thereon with such petitioning employee organization, and if the determination remains unchanged, shall inform that organization of the reasons for the denial in writing. The petitioning employee organization may appeal such determination in accordance with Section 9 of this Resolution. Section 5 Open Period for Filing Challenging Petition Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the Exclusively Recognized Employee Organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 2 of this Article. If such challenging petition seeks establishment of an overlapping unit, the Personnel Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Personnel Officer shall determine the appropriate unit or units in accordance with the standards in Section 1 of this Article. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Personnel Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 8 of this Article. Section 6 Election Procedure The Personnel Officer shall arrange for a secret ballot election to be conducted. All employee organizations who have submitted petitions which have been determined to be in conformance with these rules shall be included on the ballot. The choice of "no organization" shall be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of authorized paid leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received vote equaling a numerical majority of all eligible voters. In an election involving three or more choices, where none of the choices receives a majority of the eligible voters the two (2) choices receiving the largest number of valid votes shall proceed to a run-off election. The rules governing an initial election shall apply. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 - month period affecting the same unit. Costs of conduction elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. Section 7 Procedure for Decertification of Recognized Employee Organization A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Personnel Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit. C. All allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in that appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Personnel Officer, within the time limits specified in the fust paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent and otherwise conforms to the requirements of Section 2 of this Article. The Personnel Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article. If this determination is in the negative, he shall offer to consult thereon with the representative(s) of such petitioning employee or employees organization, and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons for the denial in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 8 of this Article. If the determination of the Personnel Officer in the affirmative, or if his/her negative determination is reversed on appeal, (s)he shall give written notice of such Decertification of Recognition Petition to the incumbent Recognized Employee Organization and to unit employees. Section 8 Procedure for Modification of Established AnDrooriate Unit —� Request by employee organizations for modifications of established appropriate unit may be considered by the Personnel Officer only during the period specified in Section 6 of this Article. Such request shall be submitted in the form of a Recognition Petition, and, in addition to the requirement set forth in Section 2 of this Article, shall contain a complete statement of all relevant fact and citations in support of the proposed modified unit in terms of the policies set forth in Section 1 hereof. The Personnel Officer shall process such petitions as other Recognition Petitions under this Article. The Personnel Officer may on his own motion propose during the period specified in Section 6 of this Article, that an established unit be modified. The Personnel Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Personnel Officer shall determine the composition of the appropriate unit or unit in accordance with Section 1 of this Article, and shall give written notice of such determination to the affected employee organizations. The Personnel Officer's determination may be appealed as provided in Section 8 of this Article. If a unit is modified pursuant to the motion of the Personnel Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new appropriate unit or unit pursuant to Section 6. Section 9 Awcals An employee organization aggrieved by an appropriate unit determination of the Personnel Officer under this Article may, within ten (10) days of notice thereof, request the intervention of the California State Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter, appeal such determination to the City Manager for final decision within fifteen (15) days of notice of the Personnel Officer's determination or the termination of proceedings pursuant to Government Code Section 3507.1 or 3507.3, whichever is later. An employee organization aggrieved by a determination of the Personnel Officer that a Recognition Petition (Section 2); Challenging Petition (Section 4) or Decertification or Recognition Petition (Section 6) -- or employees aggrieved by a determination of the Personnel Officer that a Decertification Petition (Section 6) -- has not been filed in compliance with the applicable provisions of this Article, may, within fifteen (15) days of notice of such determination, appeal the determination to the City Manager for final decision. Appeals to the City Manager shall be filed in writing with the City Manager's office and a copy served on the Personnel Officer. The City Manager shall respond to any appeal within thirty (30) days of the filing. The City Manager may, in his/her discretion, but with the consent of the appellant, refer the dispute to a third party hearing process. Any decision of the City Manager determining the substance of the dispute shall be final and binding. Section 10 If the meet and confer process has reached impasse as defined in this Rule, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Personnel Officer. The purpose of such impasse meeting shall be: a. To identify and specify in writing the issue or issues that remain in dispute. b. To review the position of the parties in a final effort to resolve such disputed issue or issues; and If the dispute is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 11 Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties failed to agree to submit the dispute to mediation or failed to agree on the selection of a mediator, or failed to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the patties, the matter may be submitted to the City Council. The City Council shall take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. Section 12 The costs for the services of a mediator and other mutually incurred costs of mediation and fact- finding, shall be borne equally by the City and the Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs shall be borne by such party. Section 13 This Rule shall be administered and construed as follows: a. Nothing in this Rule shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law (or City Charter provisions). b. This Rule shall be interpreted so as to cavy out its purposes as set forth in Article I. Nothing in the Rule shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sick-out or other total or partial stoppage or slowdown of work which is contrary to law or court order. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and may be deemed to have abandoned their employment; and employee organizations may thereby forfeit all rights accorded them under this Rule and other City law for a period of up to one (1) year from commencement of such activity. Exhibit 3 RULE X. - DISCIPLINARY ACTION SEC. 3. Notice of Discipline: Prior to recommending the imposition of any disciplinary action of severity equal to a suspension of five (days) or more, the department manager shall issue a Notice of Intent to the employee setting forth the nature of the proposed disciplinary action and any specific charges against the employee. The Notice of Intent shall also inform the employee of their right to receive copies of the written documents and materials upon which the proposed disciplinary action is based and of their right or respond either orally or in writing within five (5) business days from the date of the issuance of the Notice of Intent. RULE XI - APPEAL PROCEDURES SEC. 1. Requests for Disciplinary Hearings: Employees shall have the right to appeal the imposition of disciplinary action of a severity equal to a suspension of four (4) days or more. When an employee requests a disciplinary hearing, the request shall be in writing, signed by the employee or representative and presented to the Personnel officer within ten (10) business days after the date of the notice of imposition of the disciplinary action if personally served and fifteen (15) days if served by mail Any such requests shall be addressed to the Personnel Officer and shall identify the subject matter of the appeal, the grounds for the appeal and the relief desired by the employee. All disciplinary hearings shall be conducted in private unless the employee requests, in writing, a public hearing. If the employee fails to request a disciplinary hearing within the prescribed time, the employee shall have waived the right to a hearing and all rights to further appeal of the disciplinary action. RULE XIV - ADMINISTRATIVE LEAVES, REPORTS AND RECORDS SEC. 6. administration of such laws. SEC. 10. underline indicates change rules.jroney