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HomeMy WebLinkAbout1975-03-04; City Council; 3326; Proposed Change to Municipal Code Personnel' x C 2 T Y 0 P C A R L' S B A C L I F'0 R R I A Agenda Trill No. 'Da 'Date. Marc1T 4-,, .1975 Referred To: Subject: PROPOSED CHANGE TO CHAPTER 2.44, Submitted Bye PERSONNEL, CARLSBAD MUNTC.IRAL-CODE JEROME N. PIETI Personnel Director Statement of -the Matter : City of Carlsbad Municipal Code establishes a Personnel Merit System and includes a requirement that the personnel officer, establish appeals proce4lires. Neither the code nor subsequent ordinances or resolutions provide a mechanism for implementing an appeals system as proceaure. It is felt such.a system and procedures are 'needed. Related but separate is the matte_ that recent meet and confer sessions with all employee associations res}•lted in a mutually agreed to proposal -to change the existing three step grievance procedure to a four step grievance procedure. The fourth step to be referral of a grievance , unresolved at the City Manager level, to a hearing board for recommendation. It is the intent to create one Personnel Board by changes to the code to serve both as an administrative appeals.body.and as a fourth step grievance procedure body. In the case of admi.nistratiVe appeals the board would be advisory to the City Council. In the case of grievances the board would be advisory to the City Manager. There would be three steps necessary to implement the above. First, the Carlsbad Municipal Code should be revised to provide for the estab- lishment of an appeals board. The suggested language to be prepared by the City Attorney and returned to the City Council. Second, rules and procedures for the board should be included in Resolution 1727, Personnel System Rules and Regulations. This change will be forthcoming, upon change of the Municipal Code. Third; the revised Grievance Procedure should be enacted as a separate resolution which• will be forthcoming upon change.of the Municipal. Code. Exhibit: Memo to City Manager from Personnel Director Staff Recommendations to the City Manager: It is recommended that the City Attorney, be.directed to prepare changes to the Municipal Code for return to the --City Council. -A Date: March 11975 City Manager's Recommendation_ Concur r a ` ;S S • Council'Action 3-19-75 The City Attorney was directed to prepare changes to the Municipal Code to provide for a single Personnel Board"to serve both as ar., administrative appeals body and as a fourth step grievance pro- cedure body. -2- CITY OF CARLSBAL epartment of Personnel MEMORANDUM DATE . February 26, 1975 TO The City Manager. FROM The Personnel Director SUBJECT: PROPOSED CHANGES TO CHAPTER 2.44, PERSONNEL, CARLSBAD MUNICIPAL CODE The purpose of this memorandum is to describe the need for and method of changing and implementing portions of Chapter 2.44, Person- nel, Carlsbad Municipal Code. The primary need prompting the proposed changes is a reference in the existing referenced chapter of the code which directs the personnel officer to establish procedures for appeals by employees. The present wording of the code and Personnel System Rules and Regulations do not prescribe a specific procedure. Therefore, it is proposed that sections be added to the present code chapter which would establish a personnel board, describe the board duties and provide for a classified employee's right of appeal. Adminis- trative appeals would be relative to disciplinary action, dismissal, demotion., charges of discrimination or alleged violation of the code provisions. The secondary need for the proposed changes arise out of meet and confer sessions with employee associations and agreement to change the existing grievance procedure from a three step procedure to a four step procedure. The final authority is now the City Manager and would become the Personnel Board. Grievances would include complaints concerning interpretation or application of Memorandums 'of Understanding, rules, regulations or other practices or working conditions which are under the control of management and do not challenge or require legistative action. It is proposed that the Personnel Board consist of five members serving terms of four years duration. These members would be appointed by the City Council from a list_of recommended candi- dates, resultant of a joint management -employee associations consensus. The changes which are presently considered suitable for 'Chapter 2.44 of the Carlsbad Municipal Code would change the present text to substantially agree with the recommended League of California Cities Personnel Ordinance. If the City Council concurs with the spirit and intent of these changes the appropriate action would be to refer the matter to the City Attorney and direct him to return with the recommended changes to the code. This action and adoption of changes would be followed by changes to Resolution 1727, Personnel System Rules and Regulations and adoption of a new resolution which would establish to revised grievance procedure. J, ROME N. PIETI, Personnel Director