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HomeMy WebLinkAbout1975-06-17; City Council; 3396; Revised Classified Employee Grievance ProcedureCITY OF CARLSBAD AGENDA BILL NO. 3„� �(p Initial: DATE: Dept.Hd. 'Tuna 7 1975 C. Atty.VFf� DEPARTMENT: Personnel C. Mgr. Subject: AMENDMENT OF PERSONNEL ORDINANCE AND RULES TO ADOPT A REVISED CLASSIFIED EMPLOYEE GRIEVANCE PROCEDURE Statement of the Matter As a result of meet and confer sessions with City employees' associa- tions in 1973, it was mutually agreed that a four -step grievance pro- cedure would be developed and adopted to replace the present three - step grievance procedure. The fourth step enables an employee to appeal the City Manager's decision (current third and final step) to the Personnel Board, established by the City Council in Ordinance No. 1179, adopted on May 20, 1975 and effective June 20, 1975. The Personnel Board will hear the appeal .and will render an advisory opinion to the City Manager. Section 2.44.040 is amended to clarify the provision of a grievancd procedure (Exhibit 1). The Personnel Rules are amended by the adoption of a revised Rule XII (Exhibit 2). Exhibits 1. Resolution No. 3. 2. Ordinance No. 1(sq? Recommendation That the Council introduce Ordinance No.1l8—a, and adopt Resolution No;j(a ,-_ to implement the revised four -step grievance procedure. Council Action: 6-17-75 Resolution #3667 was adopted, amending the personnel Rules and Regulations by adopting a revised Grievance Procedure for Classified Employees. Ordinance #1182 was introduced for a first reading, clarifying the Grievance Procedure in the Personnel Rules and Regulations. 7-1-75 Ordinance #1182 was given a second reading by title only and adopted. 1 1 2 3 8 91 10 11 12 ! 13 O 14 a m W 8 15 � C S U a 0 U-11 T 16 Z � o i >-° y maJ 17 is LL � IOU WZsO 18 20-N �< < 19 U 20 21 22 25 ii 24 25 ?.6 27 '} 28 „ 29 r._ RESOLUTION NO. 3667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE PERSONNEL RULES AND REGULATIONS OF SAID CITY BY THE AMENDMENT OF RULE XII TO ADOPT A REVISED GRIEVANCE PROCEDURE FOR CLASSIFIED EMPLOYEES OF THE CITY OF .CARLSBAD. WHEREAS, as a result oc" the meet and confer process, the City Council has determined to adopt a revised four -step grievance procedure for classified employees; and WHEREAS, it is necessary to amend the Personnel Rules and Regulations adopted pursuant to Section 2.44.OAO of the Municipal Code in order to implement the new procedure; NOW, THEREFORE, BE IT RESOLVED by the City Council. of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the Personnel Rules and Regulations of the City of Carlsbad are hereby amended by the amendment of Rule XII to adopt a revised grievance procedure for all classified employees of the City of Carlsbad. The amendment will read as shown on Exhibit A attached hereto and incorporated by reference herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of June , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None ABSENT: None i , XX' E i —' ROBERT C. FRAZEE, bfaycr MARCr E. ADAMS,CCity Clerk ••.iS��L)6' ' r r RESOLUTION NO. 3667 , Exhibit A PULE XIY Four pages and OTmy OF rao�enrn �cnyOyEE OnrFyprTyF DA(1C'FiJ�i17.1• sample form. I. Purpose. T -- purposes of the Grievance Procedure of the City of Carlsbad are: A. To promote improved employer employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. B. To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. C. To encourage the settlement of disagreements informally at the employee -supervisor level and provide an orderly pro- cedure to handle grievances throughout the several supervisirr-y levels where necessary. D. To provide that appeals shall be conducted as informally as possible. E. To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. F. This grievance procedure is applicable to classified `employees in each department of the City of Carlsbad. II. Definitions. For purposes of this grievance procedure, the following definitions shall apply: A. City Manager: The City Manager or his authorized representative. B. Department: An office, department or institution of the City. C. Department Head or Head'of a De artment: The chief executive officer ot a department. D. Personnel Officer: The Personnel Officer or his authorized representative. E. Employee or City Employee: Any officer or employee of the City, ` except an elected official. F. Employee Representative: An individual who appears on behalf of the employee. G. Grievance: A complaint of an employee or a group of employees arising out of the application or interpretation of existing rules, regulations, or policjgs; which come under the control of a department head. H. Immediate Su ervi'sor: The individual who assigns, reviews, ordirects tEe work of an employee. r 2 - I. Interested Party: An individual having pertinent and/or immediate knowledge of the circumstance out of which the grievance arose. J. Superior: The individual to whom an immediate supervisor reports. III. Reviewable and Nonreviewable Grievances. A. To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred. 2. Result from an act or omission by management regarding working conditions or other aspects of employer -employee relations over which the head of the department has control. 3. Arise out of a specific situation, act or acts considered as being unfair which result in inequity or damage to the employee. 4. Arise out of an interpretation and application of Personnel System Rules and Regulations. B. A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under Some other administrative procedure and/or rules of the City of Carlsbad, such as: 1. Applications for changes in title, job classifications or salary. 2. Appeals from forrial disciplinary proceeding. 3. Appeals from work'performance evaluations. IV. Special Grievance Procedure Provisions. The following special provisions apply to the grievance procedure. A. Procedure for Presentation: In presenting the grievance the employee shall o ow a sequence and the procedure outlined in Section V of this procedure. B. Prompt Presentation: The employee shall discuss the grievance with an imme iate supervisor promptly after the act or omission of management causing the grievance. C. Prescribed Form: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. D. Statement of Grievance: The grievance shall contain a statement o . 1. The specific situation, act or acts considered to be unfair. Y - 3 - 2. The inequity or damage suffered by the employee. 3. The relief sought. E. Employee Representative: The employee may choost- someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he so desires. F. Interested Parties: There shall be no limit placed upon the nCunber of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. G. Handled During Working Hours: Whenever possible, grievances will be handled during the regularly scbeauled working hours of the parties involved. H. Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent -of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. I. Consolidation of Grievances: If the grievance involves a group of employees or of a number of employees file separate grievances on the same matter, the grievances shall be handled as a single grievance. J. Settlement: Any _grievance shall be considered settled at the comple of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed time. K. ReZrisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal by the supervisor, superior or department head, provided the provisions of the grievance procedure are observed. Copies of grievance forms ::ill not be placed in employee personnel records but will be maintained in separate f;Ues in the Personnel Department. V. -Grievance Procedure Steps. The following procedure shall be ollowed by an employee submitting a grievance for consideration and action. A. Discussion with Supervisor: The employee shall discuss the grievance with an 1mm�ate supervisor informally. within two (2) working days, (a working day is considered to be the next consecutive full day the employee.is required to be present at 'the place of employment) the supervisor shall give a decision to the employee verbally. B. Step 1. If the employee and supervisor cannot reach an agree- ment as to a solution of the grievance or the employee has not received a decision within the two working day limit, the employee may within two (2) working days present the grievance in writing to the supervisor who shall endorse comments thereon and present it to a superior within two (2) working days. The superior shall hear the grievance and give a written decision to the employee within five (5) working days after receiving the grievance. C. Step 2. If the employee and superior cannot reach an agree- ment as to a solution of the grievance or the employee has not received a written decision within the five working day limit, the employee may within five (5) working days present the grievance in writing to the department head. The depart- ment head shall hear the grievance and give a written decision to the employee within five (5) working days after receiving the grievance. D. Step 3. If thr employee and department hsad cannot reach an agreement a.. to a solution of the grievance or the employee 1' has not received a decision within the five working day limit, r the employee may within five (5) working days present the grievance in writing to the City Manager. The City Manager shall within ten (10) working days after receipt of the grievance hear the grievance and render a written decision. E. Step 4. If the employee is not satisfied with the decision or recommendation of the City Manager, the employee may within ten (10) working days appeal in writing to the Personnel Board of the City of Carlsbad. The board shall within 15 days after receipt the appeal hear the appeal and render an advisory opinion to the City Manager. The City Manager shall within ten (10) working days advise the employee of i,ntentions'for final action. P of r,r)_sbad `''' SAMPLE ONLY :d?LtJYE G'RIEII.A—ICE c032d NAM= CLASSL^ICATION DST./DIVISION DIY G'tLV.1.VCE IS: G _ R ` I z V• A C Specific Action requested: A y _ t'/h::o--?enannd 2L't;t—�oioYe�s Blue--Cepart Went Y:ea. DAT OF L\CSD'—',T CAUSOM G?-=VAVCZ ' t Dab Given to Supervisor _ ._...:� F=i;;LEVZL StTMM SOWS DECISION: :rcb Grievance IteceiVe6 r Date Employee G:Ven Decttion % i Supervisor's Sisnahtra DLPARTSMM HSAD3 DxC=" M: Dab Grievance- Reeeiv+d. Data Employee Given Decision Departasant Heeds Sll{sahlra s 01;2 W"AGEB3 DECISION: Date Grievance Received Data MPIOYee Gimf Decision l t � � cltY alanayes's slgnains. I accept the deeisioa in Step _nploye+s SlXnaturs Data 1 z 3 4 5 6 8 9 10 it D 13 a 14 15 16 �0W� 0� `0 17 ma LL W zQ 18 io5 >� cr 19 20 21 22 23 24 25 -26 27 28 A9 ORDINANCE NO. 1182 AN ORDINANCE OF THE Clif COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.44.040 TO CLARIFY THE PROVISION IN THE PERSONNEL RULES AND REGULATIONS OF A GRIEVANCE PROCEDURE. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 2, Chapter 2.44, of the Carlsbad Municipal Code is amended by the amendment of'Section 2.44.040 to add the -following subsection: -(12) The provision of a grievance procedure for classi- fied employees." EFFECTIVE DATE: This ordinance $hall be effective thirty days after its adoption, and ate City Clerk shall certify to the adoption of this ordinance and cause it to be published at least - once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 17th day of June , 197.5, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the lst'day of July , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None ABSENT: None _ T. ROBERT C. FRAZEL, Mayor R 7,1jI�'P E. ADAMS, City Clerk (SEAL)