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HomeMy WebLinkAbout2006-02-21; City Council; 18456; Amending Personnel Rules and RegulationsCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,456 2/21/06 CA TITLE: AMENDING TITLE 2. CHAPTERS 2.08, 2.12, 2.14, 2.44 AND 2.48 OF THE CARLSBAD MUNICIPAL CODE, THE PERSONNEL RULES AND REGULATIONS AND THE EMPLOYER-EMPLOYEE RELATIONS RULES AND REGULATIONS DEPT. HDfHr^ .fSfST}CITY ATTY. <*S2-" CITY MGR.^^ RECOMMENDED ACTION: Introduce Ordinance NS-793 , amending Title 2, Chapters 2.08, 2.12, 2.14, 2.44 and 2.48 of the Carlsbad Municipal Code to reflect the City's current employment practices. Adopt Resolution No. 2006-044 amending the City's Personnel Rules and Regulations and the Employer-Employee Relations Rules and Regulations to harmonize with the municipal code. ITEM EXPLANATION: The Human Resources Department and the City Attorney's office have been working together to review all of the City's employment-related ordinances, rules and policies. The purpose of this review is to ensure that these documents comply with applicable state and federal law, that they comply with the City's Memoranda of Understanding and reflect the City's current employment practices. Based on this review, staff recommends that revisions be made to certain chapters of Title 2 of the Carlsbad Municipal Code, the City's Personnel Rules and Regulations and the Employer-Employee Relations Rules and Regulations, collectively referred to as "local personnel regulations." BACKGROUND: Most of the local personnel regulations were adopted in the late 1970s. Since then, the City's employment practices and the legal framework in which they are administered have changed considerably, but the local personnel regulations have not been amended to keep pace with these changes. The resulting disparity has, at times, caused confusion among employees, supervisors and managers regarding their respective rights and responsibilities. This confusion has also led to grievances and similar employee relations issues that divert staff time and energy away from fulfilling the City's primary objective of providing top quality service to the community. Project Objectives: The primary objectives of this project were to: • ensure the local personnel regulations are consistent with existing employment practices and applicable Memoranda of Understanding; and • ensure the local personnel regulations are consistent with current state and federal law. \ The secondary objectives of this project were to: • streamline the local personnel regulations by eliminating redundant and extraneous provisions; • improve the utility of the local personnel regulations by clarifying ambiguities and eliminating legalese; • devise a long-term strategy for keeping the local personnel regulations current and making them more concise; and • create a forum for ongoing dialogue between the City and its employee associations regarding ways to improve the administration of the Human Resources function for the benefit of both the City and its employees. The following diagram illustrates the various documents that were reviewed as part of this project, each of which serves a different purpose. For purposes of this project, no changes are being recommended to any of the Memoranda of Understanding or any of the City's Administrative Orders: MUNICIPAL CODE 1T MEMORANDA OF UNDERSTANDING Chapter 2.08 Chapter 2.12 Chapter 2. 14 Generally Chapter 2.44 Ordinance 1 PERSONNEL RULES AND REGULATIONS Chapter 2.46 Relations Ordinance 1 EMPLOYER- EMPLOYEE RELATIONS RULES 1T ADMINIST ORDE A. Municipal Code Chapters 2.08. 2.12. 2.14. 2.44 and 2.48: These provide the general framework for handling personnel and employee relations matters. B. Personnel Rules and Regulations: Implement the Personnel Ordinance. C. Employer-Employee Relations Rules and Regulations (EERR): Employer-Employee Relations Ordinance. Implement the D. Administrative Orders: Supplement the Personnel and Employer-Employee Relations Rules; provide procedures for day-to-day administration of rules. E. Memoranda of Understanding: Outline the specific agreements between the City and its recognized bargaining groups concerning wages, hours, and other terms and conditions of employment. The proposed changes to the local personnel regulations can be generally categorized into five different types: 1. Staff is proposing the elimination of any regulations relating to subjects that are addressed in all of the Memoranda of Understanding. (If a subject is addressed in some, but not all, of the Memoranda, we are not proposing to eliminate it because the local personnel regulations can act as a gap filler where Memoranda are silent.) 2. Staff is proposing the elimination of regulations relating to matters that are addressed by Administrative Orders (for example, the City's Respectful Workplace and Tuition Reimbursement policies). 3. Staff is proposing to revise those portions of the local personnel regulations that deviate from existing practices. For example, the Personnel Rules and Regulations provide for Educational Incentive Pay for Fire Department personnel. This program was phased out during prior contract negotiations and should no longer be included in the Personnel Rules. 4. Staff is proposing to revise those portions of the local personnel regulations that no longer comply with applicable state and federal law. For example, state and federal law concerning military leave has changed over the years and the Personnel Rules and Regulations section concerning military leave has been updated. 5. Staff is proposing to move language from one document to another within the local personnel regulations if appropriate. For example, Chapter 2.48 of the municipal code has been abbreviated and the content in sections 2.48.030 - 2.48.140 has been restated in the EERR where it is more appropriately referenced. Staff has met and conferred with representatives from the Carlsbad City Employees' Association (CCEA), the Carlsbad Firefighters' Association (CFA), the Carlsbad Police Management Association (CPMA) and the Carlsbad Police Officers' Association (CPOA) concerning the changes as outlined in the attached Exhibits 1 - 3. FISCAL IMPACT: There will be no fiscal impact as a result of the adoption of this ordinance or this resolution. ENVIRONMENTAL REVIEW: This technical cleanup amendment is a ministerial act, statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(1). EXHIBITS: 1. Ordinance No. NS-793 2. Redline - Title 2, Chapters 2.08, 2\12, 2.14, 2.44, 2.48 of the Carlsbad Municipal Code 3. Resolution No. 2006-044 (with its Attachment A - Revised Personnel Rules and Regulations and its Attachment B - Revised Employer-Employee Relations Rules and Regulations (EERR)) Department Contact: Julie Clark, Human Resources Director, (760) 602-2438, jclar(5)ci.carlsbad.ca.us EXHIBIT 1 1 ORDINANCE NO. NS-793 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING CHAPTERS 2.08, 2.12, 3 2.14, 2.44 AND 2.48 OF TITLE 2 OF THE CARLSBAD MUNICIPAL CODE TO BRING THEM INTO CONFORMANCE WITH STATE AND FEDERAL LAW, THE VARIOUS 5 MEMORANDA OF UNDERSTANDING AND THE EMPLOYEE- EMPLOYER RULES AND REGULATIONS 6 The City Council of the City of Carlsbad, California does ordain as follows: 0 SECTION 1: That section 2.08.060 of the Carlsbad Municipal Code iso g repealed and reenacted to read as follows: 10 "2.08.060 Vacation accrual, sick leave accrual, and holiday pay. A. Regular employees will accrue vacation and sick leave and be paid 11 for city-recognized holidays in accordance with the Memorandum of Understanding ._ applicable to them, as it may from time to time be amended by the parties to it and approved by resolution of the city council. 13 B. Management employees will accrue vacation and sick leave and be paid for city-recognized holidays in accordance with the Management Compensation 14 Plan, as it may from time to time be amended by resolution of the city council. C. Hourly and temporary employees will not accrue vacation and sick 15 leave or be paid for city-recognized holidays." 1 fi SECTION 2: That section 2.12.035(c) of the Carlsbad Municipal Code is 17 amended to read as follows: 18 "2.12.035(c) Power of appointment and removal. 19 It shall be the duty of the city manager to appoint, discipline, remove, 20 promote and demote any and all officers and employees of the city, except the city clerk, city treasurer and city attorney, and as provided in section 2.44.050, subject to all 21 applicable personnel ordinances, rules and regulations." 22 SECTION 3: That Chapter 2.12 of the Carlsbad Municipal Code is 23 amended by the addition of section 2.12.040 to read as follows: 24 "2.12.040 Delegation of powers and duties. 25 Unless otherwise prohibited by state law or a provision of a resolution or ordinance adopted by the city council, all duties and powers granted to or imposed 26 upon the city manager may be delegated by the city manager to other officers, department heads or management employees of the city as the city manager deems 27 appropriate." 28 Ordinance NS- Page 1 of 7 EXHIBIT 1 1 SECTION 4: That section 2.14.120 of the Carlsbad Municipal Code is 2 amended to read as follows: 3 "2.14.120 Management and control of office. 4 The city attorney shall have the management and control over his/her office subject to all applicable personnel ordinances, rules and regulations." 5 SECTION 5: That Chapter 2.44 of the Carlsbad Municipal Code is 6 amended by replacing the word "shall" wherever it appears in that chapter with the word D "will."o 9 SECTION 6: That Chapter 2.44 of the Carlsbad Municipal Code is 10 amended by replacing the phrase "city service" wherever it appears in that chapter with 11 the phrase "classified service" except as used in section titles, section 2.44.100 and 12 section 2.44.130.B. 13 SECTION 7: That Chapter 2.44 of the Carlsbad Municipal Code is 14 amended by replacing the words "he" or "him" wherever they appears in that chapter 10 16 with the words "he/she" or "him/her." 17 SECTION 8: That section 2.44.010 of the Carlsbad Municipal Code is 18 amended to read as follows: 19 "2.44.010 Adoption Of Personnel Merit - System for Classified Service. 20 A. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent 21 persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; and to provide a 22 reasonable degree of security for qualified employees, the following personnel merit system is adopted for positions in the classified service." 24 SECTION 9: That Section 2.44.020.A.4 of the Carlsbad Municipal Code 25 is amended to read as follows: 26 "4. Prepare or cause to be prepared a plan of compensation, and any subsequent revisions to it, covering all classifications in the classified service. The plan, 27 and any revisions thereof, will become effective upon approval by the council;" 28 Ordinance NS- Page 2 of 7 EXHIBIT 1 1 SECTION 10: That section 2.44.020.A.5 of the Carlsbad Municipal Code 2 is amended to read as follows:3 4 "5. Publish or post notices of examinations for positions in the classified service; receive applications; conduct and score examinations and certify to 5 the appointing power a list of all persons eligible for appointment to the appropriate position in the classified service." 6 SECTION 11: That section 2.44.027.B of the Carlsbad Municipal Code is amended to read as follows:o 9 "B. The board, as provided by this chapter and by the personnel rules, will hear appeals submitted by any person in the classified - service relative to 10 any disciplinary action, dismissal, demotion, charge of discrimination or alleged violation of this chapter and will hear grievances which have not been resolved to the employees' 11 satisfaction at the city manager (or his/her designee) step. The board will certify its findings and recommendations as provided in the personnel system rules. Recommendations regarding grievances will be advisory to the city manager. 13 Recommendations regarding appeals will be advisory to the city council, or, if the city manager has been delegated final decision-making authority, then to the city manager." 14 SECTION 12: That Chapter 2.44 of the Carlsbad Municipal Code is 16 amended by the addition of Section 2.44.035 to read as follows: 17 "2.44.035 Volunteers and Contractors. The provisions of this chapter do not apply to and are not intended to confer any 18 employment rights or benefits on volunteers or persons under contract to supply expert, professional, technical or other services for the city." 20 SECTION 13: That section 2.44.050 of the Carlsbad Municipal Code is 21 amended to read as follows: 22 "2.44.050 Appointments. A. Appointments to vacant positions in the classified service will be 23 made in accordance with the personnel rules. Appointments and promotions will be 24 based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations will be used and conducted to aid in the selection of 25 qualified employees, and will consist of recognized selection techniques such as achievement aptitude tests and other written tests, personal interviews, performance 26 tests, physical agility tests, evaluations of daily work performance, or any combination of these, which will, in the opinion of the personnel officer, test fairly the qualifications of 27 candidates. Physical and medical tests may be given as a part of any examination 28 Ordinance NS- Page 3 of 7 EXHIBIT 1 1 when otherwise permitted by state and federal law. In any examination the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set 2 minimum standards therefor. B. Appointments of department heads and other employees who are 3 not part of the classified service will be made by the city manager, except as otherwise 4 provided in this title . C. Notwithstanding the above, the city attorney will have appointing 5 power for vacant positions in the city attorney's office. D. Department heads may appoint and remove officers and 6 employees in their respective departments or areas of supervision, upon written authorization of the city manager and subject to the applicable provisions of this chapter 7 and the personnel rules." Q SECTION 14: That section 2.44.060 of the Carlsbad Municipal Code is 9 amended to read as follows: 10 "2.44.060 Probationary Period. 11 A. All regular appointments, including promotional appointments, will 12 be for a probationary period of not less than six months except as otherwise indicated. During the probationary period, the employee may be rejected at any time without the 13 right of appeal or hearing. For newly employed uniformed police and fire personnel, the minimum probationary period will be not less than one full year. 14 B. An employee rejected during the probationary period from a position to which he/she has been promoted will be reinstated to the position from 15 which he/she has been promoted, unless he/she is dismissed from the classified 16 service as provided in this chapter and the rules. C. An employee in the classified service promoted or transferred to a 17 position not included in the classified service will be reinstated to the position from which he/she was promoted or transferred if, within six months after such promotion or 18 transfer, action is taken to reject or dismiss him/her, unless he/she is discharged in the manner provided in this chapter and the personnel rules for positions in the classified 19 service." 20 SECTION 15: That section 2.44.095.A of the Carlsbad Municipal Code is 21 amended to read as follows: 22 "2.44.095 Right Of Appeal.OQ T-T * *A. Any employee in the classified service will have the right to appeal 24 to the personnel board any disciplinary action or alleged violation of this chapter or the personnel rules, except in those instances where the right of appeal is specifically 25 prohibited by this chapter or the personnel rules." 26 SECTION 16: That section 2.44.100 of the Carlsbad Municipal Code is 27 amended to read as follows: 28 Ordinance NS- Page 4 of 7 EXHIBIT 1 1 "2.44.100 Political Activity. 2 A. Any person holding an office or employed in the city will conform to the pertinent provisions of state law." 3 4 SECTION 17: That section 2.48.010 of the Carlsbad Municipal Code is 5 amended to read as follows: 6 "2.48.010 Title. The ordinance codified in this chapter will be known as the employer- 7 employee relations ordinance of the city." SECTION 18: That section 2.44.110 of the Carlsbad Municipal Code is 9 amended to read as follows: 10 "2.44.110 Political Activities Not Affected. 11 A. This chapter does not prevent any officer or employee from: 1. Becoming or continuing to be a member of a political club or organization; 13 2. Attending a political meeting; 3. Enjoying entire freedom from all interference in casting his/her 14 vote; 4. Seeking signatures to any initiative or referendum petition directly 15 affecting his/her rates of pay, hours of work, retirement, or other working conditions; 16 5. Distributing badges, pamphlets, dodgers, or handbills, or other participation in any campaign in connection with such petition, provided such activities 17 are not carried on during hours of work or when dressed in the uniform required in any department of the city government. The violation of this provision constitutes grounds 18 for discharge." 19 SECTION 19: That section 2.44.120 of the Carlsbad Municipal Code is 20 amended to read as follows: 21 "2.44.120 Discrimination. 22 A. All employees and applicants for employment in the city will not be subject to discrimination or harassment on any basis protected by state or federal law." 24 SECTION 20: That section 2.48.020 of the Carlsbad Municipal Code is 25 amended to read as follows: 26 "2.48.020 Statement of Purpose. The purpose of this chapter is to implement Chapter 10, Division 4, Title 1 2 of the Government Code of the state (Sections 3500, et seq.) captioned "Public 28 Ordinance NS- Page 5 of 7 EXHIBIT 1 1 Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations and for 2 resolving disputes regarding wages, hours, and other terms and conditions of employment." 3 4 SECTION 21: That section 2.48.030 of the Carlsbad Municipal Code is 5 amended to read as follows: 6 "2.48.030 Rules and Regulations. A. The city council may adopt such rules and regulations necessary or 7 convenient to implement the provisions of this chapter and Chapter 10, Division 4, Title g 1 of the Government Code of the state." 9 SECTION 22: That section 2.48.040 of the Carlsbad Municipal Code is 10 amended to read as follows: 11 "2.48.040 Construction. 12 a. Nothing in this chapter will be construed to deny any person or employee the rights granted by federal or state laws. 13 b. The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, will not be modified or restricted by this 14 chapter. c. The provisions of this chapter are not intended to conflict with the 15 provisions of Chapter 10, Division 4, Title 1 of the Government Code of the state 16 (Sections 3500, et seq.)." 17 SECTION 23: That section 2.48.050 of the Carlsbad Municipal Code is 18 amended to read as follows:19 20 "2.48.050 Severabilitv. If any provision of this chapter or the application of such provision to any 21 person or circumstance is held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held 22 invalid will not be affected thereby." 23 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 24 adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to 25 be published at least once in a newspaper of general circulation in the City of Carlsbad 26 within fifteen days after its adoption.27 28 Ordinance NS-_ Page 6 of 7 EXHIBIT 1 1 2 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 3 City Council on the 2ist day of February , 2006, and thereafter 4 PASSED AND ADOPTED at a regular meeting of the City Council of the 5 City of Carlsbad on the day of , 2006, by the following vote, 6 to wit:7 8 AYES: 9 NOES: 10 ABSENT: 11 APPROVED AS TO FORM AND LEGALITY 12 13 14 RONALD R. BALL, City Attorney 15 16 CLAUDE A. LEWIS, Mayor 17 " 18 ATTEST: 19 20 21 LORRAINE M. WOOD, City Clerk (SEAL) 22 23 24 25 26 27 28 Ordinance NS- Page 7 of 7 * EXHIBIT 2 REDLINE 2.08.060, 2.12.035(c), 2.12.040, 2.14.120, 2.44, 2.48.010, 2.48.020, 2.48.030, 2.48.040. AND 2.48.050 2.08.060 Holidays Vacation Sick loavo Salaries. (a) Pay on Holidays. Every employee on a monthly salary shall receive full pay upon each of the holidays provided by the city. (b) No part time city employee shall accrue any vacation or sick leave at any time during his employment by city. No full time city employee shall accrue any vacation or sick leave time before the end of the last day of the first six months of his employment by the city. At tho ond of tho last day of the first six months of employment by the city, each full time employee receiving a regular monthly salary shall automatically accrue five working days of vacation time and six working days of sick leave time, and thereafter shall accrue vacation time at the rate of ten working days per year for the period of their employment from the start of the seventh month thereof to the end of the first fivo years tho roof. (c) All full timo employees receiving a regular monthly salary shall accrue vacation time at tho rate of fifteen working days por year for the period of their employment from the start of the sixth year thereof. (d) All full time employees receiving a regular monthly salary shall accrue sick leave at the rate of one working day per calendar month for the period of their employment from the beginning of the seventh month thereof. (e) Sick leave shall allow an employee to receive full pay while not working, in the case of actual sickness or disability, or the imposition of quarantine regulations making it impossible for the employee to report to work, but sick leave shall not be considered a privilege which an employee may use at his discretion and it may not be added to vacation time for the purpose of granting or extending a vacation period. (f) No more than one hundred twenty working days of unused sick leave may be accumulated by any employee. No more than thirty working days of vacation time may be accumulated by any employee except as expressly authorized in writing by the city manager. (g) Tho city manager shall control the times at which vacation may be taken, and no city employee shall be entitled to take any vacation at a time which is not authorized by the city manager. (h) In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the city manager no lator than four hours after the time set for tho beginning of his daily duties, that he will be unable to work that day by reason of sickness. When absence is for more than ono day by reason of sick leave, the employee shall, at the discretion of the city manager, file a physician's certificate or a personal affidavit with the city manager stating the cause of his absence. (i) Where an employee receives any compensation for his injuries from the State Compensation Insurance Fund, the amount he receives from the city shall be decreased by the amount so received. 2.08.060 Vacation accrual, sick leave accrual, and holiday pay. A. Regular employees will accrue vacation and sick leave and be paid for city-recognized holidays in accordance with the Memorandum of Understanding applicable to them, as it may from time to time be amended bv the parties to it and 1 EXHIBIT 2 approved by resolution of the city council. B. Management employees will accrue vacation and sick leave and be paid for city-recognized holidays in accordance with the Management Compensation Plan, as it may from time to time be amended by resolution of the city council. C. Hourly and temporary employees will not accrue vacation and sick leave or be paid for city-recognized holidays. 2.12.035(c) Power of appointment and removal. It shall be the duty of the city manager to, and ho shall appoint, discipline. remove, promote and demote any and all officers and employees of the city, except the city clerk, city treasurer and city attorney, and as provided in section 2.44.050. subject to all applicable personnel ordinances, rules and regulations. 2.12.040 Delegation of powers and duties. Unless otherwise prohibited by state law or a provision of a resolution or ordinance adopted by the city council, all duties and powers granted to or imposed upon the city manager may be delegated by the city manager to other officers, department heads or management employees of the city as the city manager deems appropriate. 2.14.120 Management and control of office. The city attorney shall have the management and control over his/her office subject to all applicable personnel ordinances, rules and regulations. CHAPTER 2.44 PERSONNEL 2.44.010 Adoption Of Personnel Merit Permit System for Classified Service. 2.44.020 Personnel Officer. 2.44.025 Personnel Board. 2.44.027 Duties Of The Personnel Board. 2.44.030 City Service. 2.44.035 Volunteers and Contractors. 2.44.040 Rule adoption and amendment. 2.44.050 Appointments. 2.44.060 Probationary Period. 2.44.070 Status Of Present Employees. 2.44.080 Applicability Of Rules To Certain Exempt Positions. 2.44.090 Abolition Of Position. 2.44.095 Right Of Appeal. 2.44.100 Political Activity. 2.44.110 Political Activities Not Affected. 2.44.120 Discrimination and Harassment Prohibited. 2.44.130 Solicitation of eContributions. 2.44.140 Right To Contract For Special Service. 2.44.150 Appropriation Of Funds. 2.44.010 Adoption Of Personnel Merit Pefmtt System for Classified Service. 2 EXHIBIT 2 A. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; and to provide a reasonable degree of security for qualified employees, the following personnel merit system is adopted for positions in the classified service. 2.44.020 Personnel Officer. A. The city manager will shaH be the personnel officer. The city manager may delegate any of the powers and duties conferred upon him/her as personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 2.44.140. The personnel officer will shall; 1. Administer all provisions of this chapter and of the personnel rules not specifically reserved to the council; 2. Prepare and recommend to the council revisions and amendments to the personnel rules. The city attorney will sbaU-approve the legality of such revisions and amendments prior to their submission to the council; 3. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, will sbaH become effective upon approval by the council; 4. Prepare or cause to be prepared a plan of compensation, and any subsequent revisions to it thereof, covering all classifications in the classified service ore merit system. The plan, and any revisions thereof, will sbaU become effective upon approval by the council; 5. Publish or post notices of examinations for positions in the classified ©fe—eity service; receive applications therefor; conduct and score examinations and certify to the appointing power a list of all persons eligible for appointment to the appropriate position in the classified erty service. (Aureate. 1120 § 2, 1970) 2.44.025 Personnel Board. A. There is created a personnel board to consist of five members to be appointed by the mayor with the approval of the city council. The first board to be appointed will shaH, at its first meeting, so classify its members by lot, that one will shall serve for a term to expire June 30, 1976, one will shaW serve for a term to expire June 30, 1977, one will shaH serve for a term to expire June 30, 1978, and two will shaH-serve for a term to expire June 30, 1979. At the expiration of each of the terms so provided for, a successor will sbaU be appointed by the mayor with the approval of the city council for a term of four years. The personnel board will shaH adopt rules of procedure and will sbaH select a chairman from among its members, who will shall act as presiding officer. B. Vacancies on the personnel board will shaH be filled by appointment by the mayor with the approval of the city council for the unexpired term. Each member will shatt serve until his/her successor is appointed and qualified. A majority vote of the city council will shaH be required to appoint or remove a member of the personnel board. C. Members of the personnel board will shaH be residents of this city. No person will sbaH be appointed to the board who holds any salaried office, employment or appointive position with this city. EXHIBIT 2 D. The personnel board will snaW have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses, and the power to require the production of evidence by subpoena. Subpoenas will shaH be issued in the name of the city and attested by the city clerk. E. Each member of the personnel board will sba4J have the power to administer oaths to witnesses. 2.44.027 Duties Of The Personnel Board. A. The personnel board will sflaW determine the order of business for the conduct of its meetings and will shaW meet on call of the chairman, a majority of the members of the board or the city manager. A majority of the members of the board will shaW constitute a quorum for the transaction of business. B. The board, as provided by this chapter and by the personnel rules, will skaU hear appeals submitted by any person in the classified competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination or alleged violation of this chapter and will sbati-hear grievances which have not been resolved to the employees' satisfaction at the city manager (or his/her designee) step. The board will shaU certify its findings and recommendations as provided in the personnel system rules. Recommendations regarding grievances will shaH be advisory to the city manager. Recommendations regarding appeals will shaU be advisory to the city council, or. if the city manager has been delegated final decision-making authority, then to the city manager. C. The personnel board will shaU also hear and decide such other matters as the city council may by resolution determine. 2.44.030 City Service. A. The provisions of this chapter will shatt apply to all offices, positions and employees in the service of the city, except: 1. Elective officers; 2. Members of appointive boards, commissions and committees; 3. Persons engaged under contract to supply expert, professional or technical services for a definite period of time; 4. Volunteer personnel who receive no regular compensation from the city; 5. City manager; 6. Assistant city manager; 7. Administrative assistants; 8. All department heads hired on or after November 1, 1975; 9. City attorney; 10. Assistant city attorney and deputy city attorney; 11. Emergency employees who are hired to meet the immediate requirements of any emergency condition, such as extraordinary fire, flood or earthquake which threatens life or property; 12. Employees, other than those listed elsewhere in this section, who are employed less than half time, which is defined as employees who are expected to or do work less than one thousand forty hours in any one fiscal year; 13. General manager, assistant general manager, district engineer, superintendent and administrative analyst positions of the municipal water district. EXHIBIT 2 2.44.035 Volunteers and Contractors. The provisions of this chapter do not apply to and are not intended to confer any employment rights or benefits on volunteers or persons under contract to supply expert, professional, technical or other services for the city. 2.44.040 Rule adoption and amendment. A. Personnel rules, prepared by the personnel officer subject to this chapter and to revisions by the council, will sha4J be adopted, and may be amended from time to time, by resolution of the council. The rules will sbaH establish specific procedures and regulations governing the following phases of the personnel system: 1. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the classified etty service, including employment standards and qualifications for each class; 2. Preparation, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class; 3. Public announcement of all tests and the acceptance of applications for employment; 4. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment; 5. Certification and appointment of persons from employment lists, and making of part-time, temporary, and emergency appointments; 6. Evaluation of employees during the probationary period; 7. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the classified eity service; 8. Separation of employees from the classified ettv service; 9. Standardization of hours of work, attendance and leave regulations, working conditions, and the development of employees' morale, welfare and training; 10. Suitable provision for orderly and equitable presentations to the city manager and to the city council by employees relating to general conditions of employment, including the establishment of appeals procedures; 11. The establishment of adequate personnel records; 12. The provision of a grievance procedure for classified employees. 2.44.050 Appointments. A. Appointments to vacant positions in the classified city service will sbaU be made in accordance with the personnel rules. Appointments and promotions will shaW be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations will sbati be used and conducted to aid in the selection of qualified employees, and will sJraJJ consist of recognized selection techniques such as achievement aptitude tests and other written tests, personal interviews, performance tests, physical agility tests, evaluations of daily work performance, or any combination of these, which will, in the opinion of the personnel officer, test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination when otherwise permitted by state and federal law. In any examination the personnel officer IS EXHIBIT 2 may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. B. Appointments of aH department heads and other employees who are not part of the classified service will snaW be made by the city manager, except as otherwise provided in this title chapter. C. Notwithstanding the above, tT-he city attorney will sbaU have appointing power for vacant positions in the city attorney's office the assistant city attorney and deputy city attorney. D. Appointing power: The city manager may vest d Department heads may with the power to appoint and remove officers and employees in their respective departments or areas of supervision, upon written authorization of the city manager and subject to the applicable provisions of this chapter and the personnel rules, tne following conditions: A-. Subject to the provisions of this chapter and the rules and regulations promulgated thereunder; and 2r. Subject to the written authorization of the city manager. 2.44.060 Probationary Period. A. All regular appointments, including promotional appointments, will s&aH be for a probationary period of not less than six months except as otherwise indicated. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. With respect to all department heads and For newly employed uniformed police and fire personnel, the minimum probationary period will shaJJ-be not less than one full year. B. An employee rejected during the probationary period from a position to which he/she has been promoted will shaU-be reinstated to the position from which he/she has been promoted, unless he/she is dismissed from the city service as provided in this chapter and the rules. C. An employee in the classified erty service promoted or transferred to a position not included in the classified Gtty service will shaH be reinstated to the position from which he/she was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or dismiss him/her, unless he/she is discharged in the manner provided in this chapter and the personnel rules for positions in the classified etty-service. 2.44.070 Status Of Present Employees. A. Any person holding a position included in the classified etty service who, on the effective date of the ordinance codified in this chapter will shaW have served continuously in such position, or in some other position in the classified e4ty service, for a period equal to the probationary period prescribed in the rules for his/her class, will sbaU assume regular status in the classified Gity service in the position held on such effective date without qualifying test, and will shall thereafter be subject in all respects to the provisions of this ordinance and the personnel rules. B. Any other persons holding positions in the classified etty service will shaH be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period will snaW be computed from the first day of the first full calendar month after date of appointment or employment. /£» EXHIBIT 2 2.44.080 Applicability Of Rules To Certain Exempt Positions. A. The provisions of the personnel rules relating to the attendance and leaves will sbaU-apply to the incumbents of full-time exempt positions. 2.44.090 Abolition Of Position. A. Whenever in the judgment of the city manager it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, then he/she may abolish any position or employment in the classified etty service and layoff, demote, or transfer an employee holding such position or employment without filing written charges and without the right of appeal. B. The names of probationary and permanent employees laid off will shaW be placed upon reemployment lists for classes which, in the opinion of the personnel officer, require basically the same qualifications and duties and responsibilities of those of the class of position from which layoff was made. C. Names of persons laid off will sbatt be placed upon reemployment lists in order of their continuous cumulative time and will sbaH remain on such lists for a period of one year unless reemployed sooner. 2.44.095 Right Of Appeal. A. Any employee in the classified competitive service will shaH have the right to appeal to the personnel board any disciplinary action or alleged violation of this chapter or the personnel rules and regulations adopted under this chapter, except in those instances where the right of appeal is specifically prohibited by this chapter or the personnel rules. B.. All appeals will sbaH be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter. 2.44.100 Political Activity. A. Any person holding an office or employed employment in the city sefviee will sbaW-conform to the pertinent provisions of state law. 2.44.110 Political Activities Not Affected. A. This chapter does not prevent any officer or employee from: 1. Becoming or continuing to be a member of a political club or organization; 2. Attending Attendance at a political meeting: 3. Enjoying entire freedom from all interference in casting his/her vote; 4. Seeking signatures to any initiative or referendum petition directly affecting his/her rates of pay, hours of work, retirement, or other working conditions; 5. Distributing badges, pamphlets, dodgers, or handbills, or other participation in any campaign in connection with such petition, provided such activities are not carried on during hours of work or when dressed in the uniform required in any department of the city government. The violation of this provision constitutes grounds for discharge. 2.44.120 Discrimination. /7 EXHIBIT 2 A. No person in tho city service, or seeking admission thereto, shall be employed, promoted, demoted, or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race, creed, or religious belief. All employees and applicants for employment in the city will not be subject to discrimination or harassment on any basis protected by state or federal law. 2.44.130 Solicitation of ^Contributions. A. No officer, agent, or employee, under the government of the city, and no candidate for any city office will sbatt, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, contribution, or political service, whether voluntary or involuntary, for any political purpose whatsoever, from anyone on the employment lists or holding any position under the provisions of this chapter. B. No officer or employee in the city service will shaW, directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution, whether voluntary or involuntary, for any purpose affecting his/her working conditions, from any person other than an officer or employee in the city service. 2.44.140 Right To Contract For Special Service. A. The city manager will snaW consider and make recommendations to the city council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: 1. The preparation of personnel rules and subsequent revisions and amendments thereof; 2. The preparation of a position classification plan, and subsequent revisions and amendments thereof; 3. The preparation of a plan of compensation, and subsequent revisions and amendments thereof; 4. The preparation, conduct, and grading of competitive tests; 5. Special and technical services of advisory or informational character on matters relating to personnel administration. 2.44.150 Appropriation Of Funds. A. The council will shatt appropriate such funds as are necessary to carry out the provisions of this chapter. CHAPTER 2.48 EMPLOYER-EMPLOYEE RELATIONS 2.48.010 Title. 2.48.020 Statement Of Purpose. 2.48.030 Definitions. 8 IS EXHIBIT 2 2.48.040 Employee Rights. 2A8.050 City Rights. 2.48.060 Moot And Confer In Good Faith—Scope. 2.48.070 Consultation In Good Faith—Scope. 2.48.080 Advance Notice. 2.48.090 Petition For Recognition. 2.A8.100 Appropriate Unit. 2.48.110 Recognition Of Employee Organization As Majority Representative—Formal Recognition. 2.48.120 Designation Of Municipal Employee Relations Officer. 2.48.130 Resolution Of Impasses. 2.48."MO Memorandum Of Understanding. 2.48.450 030 Rules And Regulations. 2.48.4^0 040 Construction. 2.48.420 050 Severability. 2.48.010 Title. A. The ordinance codified in this chapter shaH will be known as the employer- employee relations ordinance of the city. 2.48.020 Statement Of Purpose. A. The purpose of this chapter is to implement Chapter 10, Division 4, Title 1 of the Government Code of the state (Sections 3500, et seq.), captioned "Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment. 2.48.030 Definitions. A: As used in this chapter, the following terms shall have tho meanings indicated: 4-. "Appropriate unit" means a unit established pursuant to Section 2.18.100. 2r. "City"—means—the—erty—of Carlsbad,—California,—a—municipal corporation, and where appropriate herein, "city" refers to the city council, the governing body of the city, or any duly authorized management employee as herein defined. & "Consult or consultation in good faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions. 4-. "Day" means calendar day. §-. "Employee" means any person regularly employed by the city excluding persons elected by popular vote but including the city clerk when performing the functions of license supervisor. &-. "Employee, confidential" means an employee who is privy to decisions of city management affecting employer employee relations. 7-. "Employee, management" means any employee having significant responsibility for formulating and administering city policies and programs, including but not limited to the following positions: EXHIBIT 2 a. Administrative aide; b. Administrative analyst—water district; c. Administrativo assistant I; d. Administrativo assistant II; e. Administrative services/projects manager; f. Assistant city attorney; g. Assistant city manager; h. Assistant finance director; i. Assistant general manager—water district; j. Assistant library director; k. Community development director; I. Central services director; m. City attorney; n. City engineer; o. City manager; p. Community redevelopment manager; q. Community services director; r. District engineer—water district; s. Executive assistant; t—Fire battalion chief; u. Fire chief; v. General manager—water district; w. Human resources director; x. Planning director; y. Library director; z. Parks superintendent; aa. Police captain; bb. Police chief; cc. Police lieutenant; dd. Principal civil engineer; ee. Principal planner; ff. Purchasing officer; gg. Recreation superintendent; hh. Street maintenance superintendent; &—Superintendent—water district; jj. Utilities maintenance superintendent. & "Employee, professional" means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including but not limited to attorneys, physicians, registered nurses, engineers, architects, teachers and various types of physical, chemical and biological scientists. & "Employee organization" means any organization which includes employees of the city and which has as one of its primary purposes representing such employees in their employment relations with the city. 4Q-. "Employer employee relations" means the relationship between the city and its employees and their employee organization, or when used in a general 10 20 EXHIBIT 2 sense, the relationship between city management and employees or employee organizations. 44-: "Impasso" means: £h A deadlock in the annual or periodic discussions between a majority representative and the city over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or k Any—unresolved—complaint—by—an—affected—employee organization, advanced in good faith, concerning a decision of the municipal employee relations officer made pursuant to Sections 2."18.000, 2.18.100 or 2.48.110. 4-2. "Majority representative" means an employee organization, or its duly authorized representative, that has been granted formal recognition by the municipal employee relations officer as representing the majority of employees in an appropriate unit. 4& "Mediation or conciliation" means the efforts of an impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms. 44-. "Meet and confer in good faith" (sometimes referred to in this chapter as "meet and confer" or "meeting and conferring") means performance by duly authorized city representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment, in an effort to: £h Reach agreement on those matters within the authority of such representatives; b-. Roach agreement on what will be recommended to the city council on those matters within the decisionmaking authority of the city council. This does not require either party to agree to a proposal or to make a concession. 45-. "Municipal employee relations officer" means the city's principal representative in all matters of employer employee relations designated pursuant to Section 2.48.120, or his duly authorized representative. 4& "Peace officer." As this term is defined in Section 830 of the California Penal Code. 47-. "Firefighter" means a uniformed employee of the fire department. 4-8r Recognized—employee—organization"—means—an—employee organization which has been acknowledged in writing by the municipal employee relations officer as an employee organization that represents employees of the city. The rights accompanying recognition are either: sh "Formal recognition," which is the right to meet and confer in good faith as the majority representative in an appropriate unit; or & "Informal recognition," which is the right to consultation in good faith by all recognized employee organizations. 4-& "Scope of representation" means all matters relating to employment conditions and employer employee relations, including but not limited to wages, hours and other terms and conditions of employment. City rights (Section 2.48.050) are excluded from the scope of representation. 11 2J EXHIBIT 2 2.4 8. 040 Employee Riqbter A - 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 not limited to wages, hours and other terms and conditions of employment. Employees of the city also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the city. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of his exercise of these rights. 2.48.050 City Rights. A - Tho rights of tho city include but aro not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; detormino the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 2. 4 8. 060 Moot And Confer In Good Faith Scope. A: - The city, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations with majority representation rights regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment within the appropriate unit. &-. - The city shall not be required to meet and confer, in good faith on any subject preempted by federal or state law, nor shall it be required to meet and confer in good faith on employee or city rights as defined in Sections 2. 48.040 and 2.48.050. Proposed amendments to this chapter are excluded from tho scope of mooting and conferring. 2.48.070 Consultation In Good Faith Scoper A: - All matters affecting employer employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The city, through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employer-employee relation matters which affect them. Advance notice on matters subject to consultation, — but outside the scope of representation, is desirable but not mandatory. 2.48.080 Advance A: - Reasonable written notice shall be given to each recognized employee organization affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the city council or by any board or commission of the city, and each shall be given tho opportunity to meet with such body prior to adoption. Emergency resolutions and ordinances are excopted, 12 EXHIBIT 2 but employee represontativos shall bo notified of such resolutions and ordinances as soon as possible 2.48.090 Petition For Recognitiofb A: There are two levels of employee organization recognition Formal and informal. The recognition requirements of each are set forth below: 4-. "Formal recognition" moans the right to meet and confer in good faith as majority representative. An employee organization that seeks formal rocognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall filo a petition with the municipal employoo relations officer containing the following information and documentation: a Name and address of the employee organization; k Names and titles of its officers; G-. Names of employee organization representatives who are authorized to speak on behalf of its members; 4: 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 or local of, or affiliated directly or indirectly in any manner with, a regional or state or national or international organization, and, if so, the name and address of each such regional, state or international organization; fc Certified copies of the employee organization's constitution and bylaws; §. 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; k-. A statomont that tho omployoo organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to city employees; i-. A—statement—that—the—employee—organization—has—RO restriction on membership based on race, color, age, creed, sex or national origin; }-. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein; J^ A statement that the employee organization has in its possession written proof, dated within six months of tho date upon which tho petition is filed, to establish that 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 municipal employee relations officer or to a mutually agreed upon disinterested third party; k A request that the municipal employee relations officer recognize the employee organization as the majority roprosentativo of the employoos in tho unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation. 2-. "Informal recognition" means the right to consult in good faith. An employee organization that seeks recognition for purposes of consultation in good faith shall file a petition with the municipal employee relations officer containing the following information and documentation: eh All of the information enumerated in subdivisions (A) through (I) of subsection (1) of this section, inclusive; 13 2.3 EXHIBIT 2 k A statement that the employee organization has in its possession written proof, dated within six months of the date upon which tho petition is filed, to establish that omployoos have designated the employee organization to represent them in thoir omploymont relations with tho city. Such written proof shall be submitted for confirmation to the municipal employee relations officer or to a mutually agreed upon disinterested third party; G-. A request that the municipal employee relations officer recognize the employee organization for tho purpose of conoultation in good faith. $-. Tho petition, including all accompanying documonts, shall be verified, under oath, by the executive officer and secretary of the organization that the statements are true. All changes in such information shall be filed forthwith in like manner. 4-. Tho municipal omployoe relations officer shall grant recognition, in writing, to all employee organizations which have compliod with subsections (1) or (2) and (3) of this section for purposes of consultation in good faith for its members. An employee organization seeking formal recognition as majority representative must, in addition, establish to the satisfaction of the municipal employee relations officer that it reprosonts a majority of tho employoos in the manner proscribed in Section 2.18.110(a). No employee may be represented by more than one recognized employee organization for the purposes of this chapter. 2.48.100 Appropriate-Uftrtr A. The municipal employee relations officer, after reviewing tho petition filed by an employee organization seeking formal recognition as majority representative, shall determine whether tho proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest among such employees. The following factors, among others, are to be considered in making such determination: 4^ Which unit will assure employees the fullest freedom in the exercise of rights set forth under this chapter; 2r. The history of employee relations: a, In the unit, k Among other employees of the city, and &-. In similar public employment; & The effect of the unit on the efficient operation of the city and sound employer omployoo relations; 4-. The extent to which employees have common skills, working conditions, job duties or similar educational requirements; &-. The effect on the existing classification structures of dividing a single classification among two or more units.—Provided, however, no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized. &-. In the establishment of appropriate units: A-. Professional employees shall not be denied the right to be represented separately from nonprofoosional employees; and 2-. Management and confidential employees who are included in the same unit with nonmanagement or nonconfidential employees may not represent such employees on matters within the scope of representation. 14 24 EXHIBIT 2 2.48.110 Recognition Of Emplovoo Organization As Majority Representative Formal Recognitiefb A. - The municipal employee relations officer may: A-. - Determine the majority representative of city employees in an appropriate unit by arranging for a secret ballot election or by any other reasonable method which is based upon written proof, and is designed to ascertain the free choice of a majority of such employees. The employee organization found to represent a majority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit. This shall not preclude other recognized employee organizations, or individual employees, from consulting with managomont representatives on employer employoo relations matters of concern to 2r - Revoke the recognition rights of a majority representative, which has been found by secret ballot election no longer to bo the majority reprosontative. &-. - The recognition rights of the majority representative designated in accordance with this section shall not bo subject to challenge for a period of twelve months following the date of such recognition. 2.48.120 Designation Of Municipal Employee Relations Officer. A. - The city manager shall be the municipal employee relations officer who shall be the city's principal representative in all matters of employer employee relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours and other terms and conditions of employment. The city manager is authorized to delegate these duties and responsibilities. 2.48.130 Resolution Of Impassesr A: - The procedures of this section may be invoked only after the possibility of settlement by direct discussion, by all parties concerned, has been exhausted. The impasse procedures are as follows: 4-. - Mediation or conciliation as defined in Section 2.48.030(13). All mediation — proceedings — sbaJJ — be — private. — The — mediator shall — make — RG — public recommendations nor take any public position concerning the issues; 2-. - A dotormination by tho city council after a hearing on the merits of the dispute; & - Any other dispute resolving procedures to which the parties mutually agree or which tho city council may order. &-. - Any party may initiate tho impasse procoduro by filing with tho other party or parties affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting may then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is to permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and if agreement is not concluded, to mutually select tho spocific impasso procedure to which the dispute may be submitted. In the absence of agreement between the parties on the selection of an impasse procedure, the matter may be referred to the city council. 15 EXHIBIT 2 G. The fees and expenses, if any, of mediators or of any other impasse proooduro shall bo payable one half by tho city and ono half by tho employee organization or employee organizations 2.48.140 Memorandum Of Understands^ A: When the meeting and conferring process is concluded between the city and a formally recognized employee organization representing a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized city and majority representatives. The memorandum of understanding shall be submitted to the city council for determination. 2.48.450 030 Rules And Regulations. A. The city council may adopt such rules and regulations necessary or convenient to implement the provisions of this chapter and Chapter 10, Division 4, Title 1 of the Government Code of the state. 2.48.440 040 Construction. A. Nothing in this chapter shall be construed to deny any person or employee the rights granted by federal or state laws. B. The rights, powers and authority of the city council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter. C. The provisions of this chapter are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the state (Sections 3500, et seq.). 2.48.470 050 Severabilitv. A. If any provision of this chapter or the application of such provision to any person or circumstance is held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 16 EXHIBIT 3 1 RESOLUTION NO. 2006-044 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CITY'S 3 PERSONNEL RULES AND REGULATIONS, AND THE 4 EMPLOYER-EMPLOYEE RELATIONS RULES AND REGULATIONS, TO HARMONIZE WITH THE CARLSBAD 5 MUNICIPAL CODE. 6 7 WHEREAS, the City's employment-related ordinances, rules and policies include Title 2 o of the Carlsbad Municipal Code, the City's Personnel Rules and Regulations, and the Employer- 9 Employee Relations Rules and Regulations, and, 10 WHEREAS, the aforementioned ordinances, rules and policies are collectively known as 11 the "local personnel regulations," and 12 WHEREAS, it is desirable that the local personnel regulations comply with appropriate , A state and federal law, that they comply with the Memoranda of Understanding that the City has 15 with its recognized bargaining groups, and that they reflect the City's current employment 16 practices, and 17 WHEREAS, it is necessary to amend the local personnel regulations to effect such 1 8 changes. 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 20 California, as follows: 21 1. That the above recitations are true and correct.22 23 2. That the Personnel Rules and Regulations, Attachment A, attached hereto and made a 24 part thereof, are hereby approved. 25 3. That the Employer-Employee Relations Rules and Regulations, Attachment B, rys- attached hereto and made a part thereof, are hereby approved. 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of February 2006 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Mayor Lewis MATT HALL, Mayor ATTEST: 9' LORRAINE M. WOOD, City Clerk u ATTACHMENT A PERSONNEL RULES AND REGULATIONS Purpose: The objectives of these rules are to facilitate the delivery of top quality service to the public and to provide for a fair and equitable merit system of personnel management. They implement the Personnel Ordinance by setting forth in detail those procedures that ensure comparable treatment for those who compete for employment and promotion. In addition, in the absence of an applicable provision in a Memorandum of Understanding (MOD) between the City and an exclusively recognized employee organization, these rules define the obligations, rights, privileges, benefits, and prohibitions placed upon all employees in the classified service. These rules are supplemented by City Council policies, City Manager Administrative Orders, and Department Directives. The City Manager, as the City's personnel officer, is responsible for administering and interpreting these rules and supplemental policies, orders, and directives in a manner consistent with applicable local, state, and federal law. I. PURPOSE AND DEFINITIONS 1.1 Definitions: The following terms when in these rules mean the following: 1.1.1 "Advancement" means a salary increase of one or more steps within the limits of the pay range established for a classification. 1.1.2 "Allocation" means the assignment of a position to a classification and pay range based on the duties, responsibilities, and discretion of the position. 1.1.3 "Appointing Authority" means the City Manager and other employees of the City who have designated power under the Carlsbad Municipal Code to appoint, discipline, and discharge employees. 1.1.4 "City Manager" means the City Manager or duly authorized representatives. To aid in administration, duly authorized representatives, such as the Human Resources Director, have been identified where appropriate throughout these rules. The identification of a duly authorized representative in these rules does not preclude the City Manager from authorizing different or additional representatives when the City Manager determines it is necessary to do so in order to accomplish the purposes of these rules. 1.1.5 "Classification" means all positions sufficiently similar in duties, authorities and responsibilities to permit grouping under a common title and the application of common standards of selection, transfer, promotion, and pay. 1.1.6 "Classified Service" means all positions and employees except those excluded by Chapter 2.44, section 2.44.030, of the Carlsbad Municipal Code. 1/27/2006 Page 1 of23 1.1.7 "Demotion" means the movement of an employee from one classification to another classification having a lower maximum rate of pay. 1.1.8 "Department" means an office, department or institution of the City. 1.1.9 "Department Head" means the chief executive officer of a department. 1.1.10 "Eligible" means a person whose name is on an employment list. 1.1.11 "Employment List" means a list of names of persons who have taken an examination for a classification and have qualified for employment in that classification. 1.1.12 "Examination" means an examination for a particular classification. 1.1.13 "Hourly Employee" means an employee who does not hold a budgeted/authorized position and who works less than 1,000 hours in any one fiscal year. Hourly employees are not included in the classified service. 1.1.14 "Limited Term Employee" means a regular employee who has been retained in the classified service who has successfully completed probation and has been retained for a defined period of time. 1.1.15 "Limited Term Position" means a position authorized by the City Council and anticipated to last for a defined period of time. 1.1.16 "Merit Service" means all positions and employees except those excluded by Chapter 2.44, section 2.44.030, of the Carlsbad Municipal Code. 1.1.17 "Personnel Ordinance" means Chapter 2.44 of the Carlsbad Municipal Code. 1.1.18 "Probationary Period" means a working test period during which an employee is required to demonstrate fitness for the duties to which the employee is appointed by actual performance of the duties of the position in a manner acceptable to the appointing authority. 1.1.19 "Promotion" means the movement of an employee from one classification to another classification having a higher maximum rate of pay. 1.1.20 "Provisional Appointment" means the appointment of a person holding a regular position that possesses the minimum qualifications established for a particular classification and who has been temporarily appointed to a position in that classification in the absence of available eligibles. 1.1.21 "Reallocation" means movement of an existing classification and/or position from one pay range to another. Budgeted reallocations or reallocations with no fiscal impact may be 1/27/2006 Page 2 of23 authorized by the City Manager. All other reallocations must be authorized by the City Council. 1.1.22 "Reclassification" means a change in the allocation of a position by placing it in a higher existing classification, a lower existing classification, or a comparable existing classification based on substantial changes in the kind, difficulty, and/or scope of duties performed in the position. Budgeted reclassifications or reclassifications with no fiscal impact may be authorized by the City Manager. All other reclassifications must be authorized by the City Council. 1.1.23 "Reduced-Time Regular Employee" means a regular employee who works less than full-time. 1.1.24 "Reduction in Pay" means a salary decrease within the limits of the pay range established for a classification. 1.1.25 "Regular Employee" means an employee in the classified service who has successfully completed probation and has been retained as provided for in these rules. 1.1.26 "Regular Position" means a position authorized by the City Council and anticipated to last for an indefinite period of time. 1.1.27 "Reinstatement": means the reemployment without examination of a former regular or probationary employee. 1.1.28 "Rejection" means the separation of an employee from the service during the employee's probationary period. 1.1.29 "Suspension" means the temporary separation from the service of an employee without pay, for disciplinary purposes. 1.1.30 "Temporary Position" means a full-time or part-time position of limited duration that has been authorized by the City Council. Temporary positions are not included in the classified service. 1.1.31 "Transfer" means a change of an employee from one position to another position in the same classification or another classification having essentially the same maximum salary limits, involving the performance of similar duties and requiring substantially the same basic qualifications. 2. GENERAL PROVISIONS 2.1 Fair Employment. The City is committed to maintaining a respectful workplace and to providing equal employment opportunity to all applicants and employees regardless of race, sex, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, veteran's status, age, or sexual orientation. For additional information, refer to Administrative Order No. 45. 2.2 Political Activity. The political activities of City employees must conform to the pertinent provisions of state law. 1/27/2006 Page 3 of23 2.3 Meet and Confer. The City Manager will negotiate those matters which are subject to the "meet and confer" process as specified in Government Code sections 3500 et seq. (also known as the Meyers-Milias-Brown Act or the MMBA). For additional information, refer to Chapter 2.48 of the Carlsbad Municipal Code and the City's Employer-Employee Relations Rules and Regulations. 2.4 Violation of Rules. Violation of the provisions of these rules will be grounds for suspension, reduction in pay, demotion, rejection, and dismissal, or other disciplinary action. 2.5 Amendment and Revision of Rules. Recommendations for amendments and revisions of these rules may be made by the City Manager. The City Council will consider the proposed amendments and revisions at a duly noticed public meeting. Prior to the City Council's consideration of the proposed amendments and revisions, the City Manager will provide affected employee organizations with written notice of the proposed amendments and revisions and an opportunity to meet and confer (or, where applicable, meet and consult) as to those matters that are within the scope of representation as defined by the Meyers-Milias-Brown Act. Amendments and revisions will become effective upon their adoption by the City Council. 3. CLASSIFICATION 3.1 Preparation of Classification Plan. All regular positions in the classified service will be grouped into classifications and designated salary ranges by resolution of the City Council. Each classification will include those positions sufficiently similar in duties and responsibilities to require similar standards of education, experience, knowledge, skills, and abilities. The Human Resources Director will be responsible for preparing and maintaining classification specifications for all positions. The specifications will include, without limitation, a list of typical duties, and a statement of the minimum qualifications required for appointment. All classification specifications will describe duties which employees occupying positions in the classification may be required to perform and will also include a statement that employees are not precluded from being assigned other duties that are not listed on the classification specification. Classification specifications are illustrative rather than exhaustive. The listing of particular tasks does not preclude the assignment of other tasks of related kind or character, or requiring lesser skills. 3.2 Adoption of Classification Plan. Before the classification plan or any part of it will become effective, it must first be approved in whole or in part by resolution of the City Council at a public meeting. Prior to submission of the classification plan to the City Council for consideration, the City Manager will provide affected employee organizations with written notice of the plan components and an opportunity to meet and confer (or, where applicable, meet and consult) as to those matters that are within the scope of representation as defined by the MMBA. Upon adoption by the City Council, by resolution, the provisions of the classification plan will be observed in the handling of applicable personnel actions and activities. 1/27/2006 Page 4 of 23 32. 3.3 Administration and Maintenance of Classification Plan. The City Manager will be responsible for administration and maintenance of the classification plan. Periodically, the City Manager will review the classification plan to ensure that it accurately reflects the duties and responsibilities of the positions covered by it. The City Manager is authorized to make any amendments or revisions to the classification plan that are budgeted or will not result in a fiscal impact. All other amendments or revisions must be submitted to the City Council for approval in the same manner described in section 3.2 above. 3.4 New Classifications. When a new classification is created, no person may be appointed to fill a position in that classification until the classification plan has been amended to include it. After the classification has been included in the classification plan, positions in the classification will be filled in accordance with these rules. 3.5 Reclassification. Positions, the duties of which have changed materially so as to necessitate a reclassification, will be allocated to a more appropriate classification, whether new or existing. An employee in a position that is reclassified may be directly appointed to the reclassified position if the City Manager determines that the employee is currently satisfactorily performing a substantial amount of the duties and responsibilities of the reclassified position and meets the minimum qualifications for the position. Reclassification may not be used for the purpose of avoiding limitations surrounding demotions and promotions. 4. PAY AND BENEFITS 4.1 Preparation of Pay Plan. The Human Resources Director will prepare a pay plan covering all classifications in the classified service, showing the minimum and maximum rates of pay. In determining the pay ranges, the Human Resources Director will consider the prevailing rates of pay for comparable work in other public agencies and in private employment as well as the existing differences in the duties and responsibilities as set forth in the classification plan. No position may be assigned a rate of pay higher than the maximum or lower than the minimum rate of pay provided for that position's classification. 4.2 Adoption of Plan. The Human Resources Director will submit the proposed pay plan to the City Council for approval and adoption. After the pay plan has been approved and adopted, the Human Resources Director will periodically conduct further studies to determine if the pay ranges in the pay plan remain appropriate. If the studies indicate that an amendment to the pay plan is necessary, the Human Resources Director will submit the amended pay plan to the City Council for approval and adoption. The Council will adopt or amend and adopt the proposed plan. 4.3 Application of Rates. 4.3.1 Employees occupying a position in the classified service will be paid at a rate within the pay range established in the pay plan for that position's classification. Newly hired employees will be started at the minimum rate of pay for their position's classification unless the City Manager determines 1/27/2006 Page 5 of23 that qualified applicants are not available at the minimum rate of pay or that an applicant has special qualifications that justify a higher rate of pay. 4.3.2 A transfer will not affect an employee's rate of pay. 4.3.3 Employees reemployed after layoff will receive a rate of pay within the pay range established for the classification of the position in which they are reemployed. 4.4 Advancement Within a Pay Range. Employees will be considered for pay adjustments within the pay ranges for their respective positions in accordance with the following schedule: (a) Step B - at the satisfactory completion of the probationary period in Step A. (b) Step C - at the satisfactory completion of one year of service in Step B. (c) Step D - at the satisfactory completion of one year of service in Step C. (d) Step E - at the satisfactory completion of one year of service in Step D. Advancements to Step B through E will be approved by the City Manager following approval by the Human Resources Director and the employee's manager. Any non-probationary employee may be advanced to the next higher step in the pay range regardless of the length of time served at the employee's present step. This advancement requires the written recommendation of the employee's manager and the approval of the employee's department head and the City Manager. 4.5 Promotion or Advancement in Rate of Pay. When an employee is promoted, the employee will be advanced to the lowest step in the higher range which will provide at least one step increase in pay, except that the employee cannot be advanced beyond the highest step in the higher pay range. 4.6 Anniversary Date Adjustment Upon Promotion - Police. A police employee serving in Salary Step E will be eligible upon promotion for subsequent salary step increases in a higher range on the annual anniversary of the date of promotion. When a police employee is promoted from Step A, B, C, or D, that employee will retain the anniversary date which was in effect in the salary range from which the employee was promoted. 4.7 Out of Classification Compensation. Fire safety employees are authorized out of classification compensation of a minimum of five percent (5%) above a member's existing salary for each occasion the member is employed out of classification; such compensation to commence following the first four hours of employment out of classification. Assignment of employees to out of classification service will be at the sole discretion of the Fire Chief. Other classified employees out of classification compensation, if applicable, will be governed by the employee's MOD. 4.8 Deferred Compensation. The City will provide for a Deferred Compensation Plan in which the employees will have the option to participate. The City reserves the right to accept or reject any particular plan administrator or plan feature and to impose specific conditions upon participation in the plan. 1/27/2006 Page 6 of23 Benefits under such plans will be determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 4.9 Compensation Procedure All employees will submit a time sheet listing the total number of normal and approved overtime hours worked at the end of each pay period to their supervisor. The time sheet will indicate any absences and type or designation of absence. Absences, suspensions, etc., for which no payment has been authorized will be deducted from the normal biweekly salary on the basis of 26 pay periods per year. Similarly, salary for working periods of less than normal, as in the case of new employees, terminated employees, leaves of absence without pay, etc., will be computed on the basis of the biweekly or hourly rate less the number of working days of absence. 5. APPLICATIONS AND APPLICANTS 5.1 Announcements. All examinations for classifications in the classified service will be publicized by posting announcements on official bulletin boards and by any other methods the Human Resources Director deems advisable. The announcements will specify the title and pay of the classification for which the examination is announced; the nature of the work to be performed; the qualifications for the performance of the work of the classification; the manner of applying; and other pertinent information. 5.2 Application Forms. Applications must be made on forms provided by the Human Resources Department. The forms will require the applicants to provide information regarding their training and experience as well as other pertinent information. 5.3 Disqualification. The Human Resources Director will reject any application that contains false or misleading statements, that indicates the applicant does not possess the qualifications required for the position, or that indicates the applicant is not authorized to work in the United States. Applications may also be rejected for other reasons permitted by local, state, and/or federal law. 6. EXAMINATIONS 6.1 General Nature and Types of Examinations. The following three types of examinations may be used by the City to establish employment lists: 6.1.1 Open-Competitive Examination, which is an examination for a particular classification that is open to all persons meeting the prerequisites for the classification. 6.1.2 Continuous Examination, which is an open-competitive examination that is open continuously, allowing new individuals to be added to an applicable employment list on an ongoing basis. 6.1.3 Promotion Examination, which is an examination for a particular classification that is open only to current regular or probationary employees who meet the prerequisites for the classification. Examinations of ability to perform job related duties may include oral, written, performance, physical/mental fitness, and training/experience evaluations. In addition, evaluations of past work performance, work samples, 1/27/2006 Page 7 of 23 personal interviews, and background investigations may be used in the examination process. Examinations will be based on merit and designed to provide equal opportunity to all applicants by being based on an analysis of the essential job-related requirements for the classification and covering only factors relating to these requirements. 6.2 Conduct of Examination. Based on the needs of the service, the Human Resources Director will determine when and what type of examination will be conducted, whether open-competitive, continuous, or promotional. The Human Resources Director is also responsible for administering the examination process, including determining the method and manner of conducting examinations. 6.3 Scoring Examinations and Rating Applicants. A candidate's eligibility will be determined based on all elements of the examination process. Upon completion of the examination process, candidates will be rated as either "highly qualified," "qualified," "satisfactory," or "unsatisfactory." Candidates rated as "unsatisfactory" will not be placed on the employment list for the classification for which the examination was conducted. 6.4 Notification of Examination Results and Review of Papers. Applicants taking an examination, if successful, will be given written confirmation of their eligibility. Applicants will have the opportunity to inspect their own examination papers within five (5) business days after the notices of examination results are mailed. Any error in computation, if called to the attention of the Human Resources Director within this period and confirmed, will be corrected. The correction will not, however, invalidate any appointments previously made. 7. EMPLOYMENT LISTS 7.1 Employment Lists. As soon as possible after the completion of an examination, the Human Resources Director will prepare and keep available an employment list consisting of the names of applicants who qualified in the examination. The final examination result will be determined by the total of the scores received by each applicant during the examination process, based upon the relative value assigned to each part of the examination before the examination is given. There are two types of employment lists: 7.1.1 An open-competitive list, which is a list of names of persons who have taken an open-competitive or continuous examination for a classification and are eligible for employment in that classification because they received a rating of "highly qualified," "qualified," or "satisfactory" during the examination process. 7.1.2 A promotional employment list, which is a list of names of employees who have taken a promotional examination for a classification and are eligible for promotion or transfer to that classification because they received a rating of "highly qualified," "qualified," or "satisfactory" during the examination process. 7.2 Duration of Lists. 1/27/2006 Page 8 of 23 7.2.1 Promotional employment lists will remain in effect for one year, unless sooner exhausted. The Human Resources Director may extend the duration of the list for up to one (1) additional year. 7.2.2 Open-employment lists, except those for which the City conducts continuous examinations, will remain in effect for up to one (1) year, unless sooner exhausted. 7.2.3 In the case of open employment lists for classifications for which the City conducts continuous examinations, new names will be merged with existing names according to rating band and eligible candidates will remain on the list for not more than one (1) year. 7.3 Reemployment Lists. The names of probationary and regular employees who have been laid off will be placed on appropriate reemployment lists in the order of their seniority. The names will remain on the lists for one (1) year, unless they are reemployed before then. When a reemployment list is to be used to fill vacancies, the Human Resources Director will certify from the top of the list the number of names equal to the number of vacancies to be filled, and the appointing authority will appoint these persons to fill the vacancies. 7.4 Removal of Names From List. The name of any person appearing on an employment, reemployment, or promotional list will be removed by the Human Resources Director if the person requests removal, if the person fails to respond to a notice mailed to the person's last known address, or for any other reason permitted by these rules or by local, state, or federal law. In the latter instance, the person will be notified of the removal by a notice mailed to the person's last known address. The names of persons on promotional employment lists who resign from the classified service will automatically be dropped from these lists. 8. METHOD OF FILLING VACANCIES 8.1 Types of Appointment. All vacancies in the classified service will be filled by reemployment, transfer, demotion, or from eligibles certified by the Human Resources Director from an appropriate employment or promotional list. In the absence of persons eligible for appointment in these ways, provisional appointments may be permitted in accordance with the Personnel Ordinance and these rules. 8.2 Notice to Human Resources Director. Whenever a vacancy in the classified service is to be filled, the appointing authority will notify the Human Resources Director. The Human Resources Director will advise the appointing authority as to the availability of employees for reemployment, requested transfers, or demotion, and of eligibles on employment or promotional lists for the classification. 8.3 Certification of Eligibles. The appointing authority will indicate their desire to fill the vacancy by reemployment, transfer, or demotion, or from a promotional or employment list. If appointment is to be made from an employment or promotional list, the names of all persons eligible for appointment will be certified. 8.4 Order of Certification. Whenever certification is to be made, the employment lists, if each exists, will be used in the following order: reemployment 1/27/2006 Page 9 of23 list, promotional list, open-competitive list. Whenever there are fewer than three names on a promotional list or an open-competitive list, the appointing authority may make an appointment from among these eligibles or may request that the Human Resources Director hold a new examination and establish a new employment list. 8.5 Appointment. After interview and investigation, the appointing authority will make appointments from among those certified and will immediately notify the Human Resources Director of the person or persons appointed. The Human Resources Director will then notify the person appointed. If the person accepts the appointment and appears for duty within the time specified by the appointing authority, the person will be considered appointed; otherwise, the person will be considered to have declined the appointment. 8.6 Provisional Appointments. In the absence of appropriate employment lists, a provisional appointment of a person meeting the minimum training and experience qualifications for the position may be made by the appointing authority. An employment list will be established within six months for any regular position filled by provisional appointment. The City Manager may extend the period for any provisional appointment up to thirty days at a time, not to exceed an additional three months. No credit will be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a provisional appointment. 8.7 Emergency Appointments. To meet the immediate requirements of an emergency condition or natural disaster, such as extraordinary fire, flood, or earthquake, which threatens public life or property, the City Manager or a designee may employ such persons as may be needed for the duration of the emergency without regard to the Personnel Ordinance or rules affecting appointments. As soon as possible, the appointments must be reported to the Human Resources Director. Emergency appointments end when the emergency ends. Consequently, persons who are given emergency appointments are not in the classified service. 9. PROBATIONARY PERIOD 9.1 Regular Appointment Following Probationary Period. All original appointments in the classified service will be subject to a probationary period of not less than one year of actual service. All promotional appointments will be subject to a probationary period of not less than six months of actual service, excepting police and fire safety employees. Promotional probation for police and fire safety employees will be one year. For police officers, the probationary period commences on the date they are sworn in as officers. For all other employees, the probationary period commences on the first day of assignment to their position. An unpaid leave of absence during the probationary period lengthens the probationary period by the number of calendar days of the leave of absence. 9.2 Objective of Probationary Period. The probationary period will be regarded as a part of the examination process and will be utilized for closely observing the employee's work performance, for securing the most effective 1/27/2006 Page 10 of 23 adjustment of a new employee to the position, and for rejecting any probationary employee whose performance does not meet the required standards of work. 9.3 Retention of Probationary Employee. If the performance of the probationary employee has been satisfactory, the appointing authority will file a written authorization with the Human Resources Director to retain the employee and change the employee's status from probationary to regular. If an authorization is not filed, the employee's performance will be deemed satisfactory and the employee's status will change from probationary to regular on the employee's anniversary date. 9.4 Rejection of Probationary Employee. Any time during the probationary period, an employee may be rejected by the appointing authority without cause and without the right of appeal. Notification of rejection in writing will be given to the probationary employee and a copy filed with the Human Resources Director. 9.5 Rejection Following Promotion. Any employee rejected during the probationary period following a promotional appointment will be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged for cause in the manner provided in the Personnel Ordinance and these rules for positions in the classified service. 10. ATTENDANCE AND LEAVES 10.1. Annual Vacation Leave. The purpose of vacation is to enable each eligible employee to take time off from work and return to work mentally refreshed. All probationary and regular City employees in the classified service will be entitled to take accrued vacation with pay except employees who have served less than six months in the service of the City. Vacation accrual rates for eligible employees will be determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 10. 2. Determination of Vacation Benefits. Employees who work less than full time, but more than one thousand (1,000) hours a year, will be credited vacation on a prorated basis. For the purposes of computing vacation accrual, employment is considered to have commenced on the first day of assignment to a position. The times during a calendar year at which an employee may take vacation will be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. Regular employees who terminate employment will be paid for all vacation accrued prior to the effective date of termination not to exceed the maximum accrual amount as specified in the employee's MOD. Termination of employment terminates continuity of service for vacation benefits. 10.3 Compensatory Time Off. Any employee in the classified service may request compensatory time off for overtime worked at a rate of one and one half the overtime hours worked. Accrual and use of compensatory time off in lieu of overtime pay will be determined in accordance with the provisions of the applicable Memoranda of Understanding. 10.4 Sick Leave. Sick Leave will be governed by the provisions below unless otherwise determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 1/27/2006 Page 11 of 23 3*? 10.4.1 All probationary and regular employees in the classified service will accrue sick leave on a biweekly basis at the rate of eight (8) hours for each continuous calendar month of service. Reduced-time probationary and regular employees will accrue sick leave on a prorated basis. Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out when an employee's employment with the City ends. 10.4.2 Employees may use sick leave: (1) to recuperate from or receive treatment for their own injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the employee's own or a family member's medical, dental, or optometry appointment. For the purpose of these rules, the term "family member" includes a spouse, domestic partner, child, sibling, parent, or grandparent whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the employee, or any person for whom the employee has served in place of a parent. The term "child" means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term "parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. 10.4.3 Any employee who is absent because of a personal injury or illness or the injury or illness of a family member must notify the employee's supervisor as early as practicable on the first day of the absence, or as soon thereafter as possible. An employee who needs to be absent to attend a medical, dental, or optometry appointment must have the absence approved in advance by the employee's supervisor. 10.4.4 When the period of absence is for three consecutive workdays or less, the City may accept the employee's justification as to the reason for absence. If an absence is for more than three consecutive workdays and/or if it is covered by workers' compensation, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, or the federal Family and Medical Leave Act, the City may require the employee to provide medical certification supporting the need for the absence. 10.4.5 Time off to take a physical examination for induction into or recall to active duty with the Armed Forces will be handled in accordance with applicable state and federal law. 10.4.6 An employee making a blood donation without being paid a fee will be given a reasonable time off for that purpose. No charge will be made against the employee's sick leave or vacation when the absence is approved in advance by the employee's supervisor. 10.4.7 Holidays occurring during sick leave will not be counted as sick leave. Sick leave may not be used for vacation, nor compensated for in cash, except as provided in section 10.6 below. Notwithstanding anything in this section to the contrary, local safety employees are not entitled to sick leave for any job related illness, injury or other occurrence which entitles the employee to benefits under section 4850 of the Labor Code (hereinafter '4850 benefits'). The City Manager may authorize use 1/27/2006 Page 12 of 23 of sick leave after 4850 benefits are exhausted for job related illness or injury if he/she determines that: (a) The injury is not permanent and stationary. (b) The use of sick leave will not extend the effective date of the employee's retirement. (c) The employee is disabled from the performance of his/her duties and there is a reasonable probability he/she may return to work within a reasonable amount of time. 10.5 Occupational Injuries or Illnesses. 10.5.1 A regular employee who is not covered by Section 4850 of the Labor Code and who is temporarily unable to work due to an occupational injury or illness will receive full pay for the number of calendar days as designated in the applicable Memoranda of Understanding. If the employee continues to be temporarily unable to work after the designated number of days, the employee will receive workers' compensation temporary disability payments as provided in the Labor Code. To the extent that these benefits are less than the employee's full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.5.2 A regular employee who is covered by Section 4850 of the Labor Code and who is temporarily unable to work due to an occupational injury or illness will receive full pay for up to one year as provided in that section ("4850 benefits"). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. If the employee continues to be unable to work after the employee's 4850 benefits have been exhausted and the employee has not retired, the employee will receive workers' compensation temporary disability benefits as provided in the Labor Code. To the extent these benefits are less than the employee's full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.5.3 Nothing in this section precludes the City from taking appropriate action in the event of abuse of sick leave. 10.6 Sick Leave Conversion. 10.6.1 During the first pay period of each fiscal year, any regular employee may convert sick leave time to vacation as determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 10.6.2 Any regular employee applying for retirement with the Public Employees' Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code section 20965. 1/27/2006 Page 13 of 23 10.7 Military Leave of Absence. Unless as otherwise provided for in local, state or federal law, military leave of absence will be governed by the provisions set forth below. 10.7.1 An employee who is a member of the reserve corps of the Armed Forces of the United States or of the National Guard or the Naval Militia and who is ordered to military duty for active military training, inactive duty training, encampment, naval cruises, special exercises, or similar activities will be granted a temporary military leave of absence for the period of ordered duty, including the time going to and returning from that duty as provided for by state and federal law. 10.7.2 An employee who has been in the service of City for at least one year prior to the commencement of a leave of absence for inactive duty training will receive full pay for the first fifteen (15) calendar days of the leave. 10.7.3 An employee who has been in the service of City for at least one year prior to the commencement of a leave of absence for other than inactive duty training will receive full pay for the first thirty (30) calendar days of the leave. 10.7.4 Notwithstanding sections 10.7.2 and 10.7.3 above, an employee will not be paid for more than thirty (30) days of military leave in any one (1) fiscal year. 10.7.5 For purposes of this section, in determining whether an employee has been in the service of the City for at least one year, all service by an employee in the Armed Forces of the United States or of the National Guard or the Naval Militia that occurs during employment with the City will be counted as City service. 10.8 Jury Duty. An employee who is called for jury duty will be granted a leave of absence during the period of jury service. The City will continue to pay employees their regular rates of pay during the leaves. 10.9 Leaves of Absence for Injuries or Illnesses. Upon written request, the City Manager may grant a regular employee a leave of absence. If approved, a copy of the request and the approval will be filed with the Human Resources Department. 10.9.1 Occupational Injuries or Illnesses. 10.9.1.1 A regular employee who is covered by Section 4850 of the Labor Code and who is temporarily unable to work due to an occupational injury or illness will receive full pay for up to one year as provided in that section ("4850 benefits"). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. If the employee continues to be unable to work after the employee's 4850 benefits have been exhausted and the employee has not retired, the employee will receive workers' compensation temporary disability benefits as provided in the Labor Code. To the extent these benefits are less than the employee's full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave 1/27/2006 Page 14 of 23 balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.9.1.2 A regular employee who is not covered by Section 4850 of the Labor Code and who is temporarily unable to work due to an occupational injury or illness will receive full pay for the number of calendar days as designated in the applicable Memoranda of Understanding. If the employee continues to be temporarily unable to work after the designated number ofdays, the employee will receive workers' compensation temporary disability payments as provided in the Labor Code. To the extent that these benefits are less than the employee's full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.9.2 Non-Occupational Injuries or Illnesses. 10.9.2.1 A regular employee who is temporarily unable to work due to a non-occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee's full regular pay, the employee must supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 10.9.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same manner as leaves of absence for non- occupational injuries or illnesses, subject to the pregnancy disability provisions of the California Fair Employment and Housing Act. 10.9.3 Bereavement Leave. In the event of the death of an employee's family member, Bereavement Leave for eligible employees will be determined through the meet and confer process and memorialized in the applicable Memoranda of Understanding. An employee who is absent because of the death of a family member must notify the employee's supervisor as soon as possible on the first day of the absence. For the purpose of this section, the term "family member" includes a spouse, domestic partner, child, sibling, parent, or grandparent whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the employee, or any person for whom the employee has served in place of a parent. The term "child" means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term "parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. 10.9.4 Unpaid Leave of Absence. 10.9.4.1 Prior to commencing an unpaid leave of absence, the employee must exhaust all accrued vacation and compensatory time and, if applicable, all accrued sick leave. Once the employee has been on an unpaid leave of absence for two full pay periods, the employee will cease accruing sick leave and vacation. In addition, the employee's vacation 1/27/2006 Page 15 of23 anniversary date and salary anniversary date will be extended for each calendar day the unpaid leave of absence extends beyond the first two full pay periods unless otherwise prohibited by law. Accruals of sick leave and vacation will resume on the first day of the first full pay period after the employee has returned to work. 10.9.4.2 To the extent permitted by law, upon notice to the employee by the City, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the California Family Rights Act or the federal Family and Medical Leave Act 10.9.4.3 Failure of an employee to promptly return to work at the conclusion of an unpaid leave of absence, or within a reasonable time after notice to return to duty, will be cause for discharge. 10.10 Hours of Operation. The City will determine the hours of operation and appropriate staffing levels necessary to achieve its mission, vision, values, goals and objectives. The hours of operations and staffing levels may vary by facility, major service area, and/or department. 10.11 Other Employment. No City employee is permitted to have outside employment that is inconsistent or incompatible with City employment. An employee who desires to have outside employment must first obtain written approval from the employee's department head and the City Manager on a form provided by the Human Resources Department. 10.12 Attendance. Employees must be in attendance in their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments will keep daily attendance records, which will be reported to the Finance Department in the form and on the dates prescribed by the Finance Department. 10.13 Holidays. Municipal offices will be closed on days designated as holidays by City Council resolution. When a City Council authorized holiday falls on Sunday, the holiday will be observed on the following Monday. When a City Council authorized holiday falls on Saturday, the holiday will be observed on the preceding Friday. Employees will receive holiday pay in accordance with the provisions of the applicable Memoranda of Understanding. 10.14 Overtime. 10.14.1 Application. Any full-time employee in the classified service renders service beyond the employee's normal work week (or work period, if applicable) will be paid overtime pay for the additional service at one and one-half times the employee's regular hourly rate as determined by the FLSA. Reduced time regular employees will be paid overtime for hours worked in excess of forty (40) in a work week. Overtime pay will be included in the paycheck for the pay period in which the overtime service was performed. Accrual and use of compensatory time off in lieu of overtime pay will be determined in accordance with the provisions of the applicable Memoranda of Understanding. 10.14.2 Administration of Overtime. The smallest unit of time credited as overtime will be one-quarter (1/4) hour for any pay period. Overtime worked that is less than one-quarter (1/4) hour during a pay period will be 1/27/2006 Page 16 of 23 disregarded and may not be accumulated except for calculating whole hours within the pay period. The department head will report all overtime or compensatory time on Finance Department time and pay records. 11. CHANGES IN EMPLOYMENT STATUS 11.1 Changes in Employment Status. Changes in employment status will be governed by the provisions below unless otherwise provided through the meet and confer process and memorialized in the applicable Memoranda of Understanding. 11.2 Transfer. After notice to the City Manager and the Human Resources Director, an employee may be transferred by the appointing authority at any time from one position to another position in the same or comparable classification. If the transfer involves a change from one department to another, both departments must consent to the transfer unless the City Manager orders the transfer for purposes of economy or efficiency. A transfer may not be used to effectuate a promotion, demotion, advancement, discipline, or a reduction in pay, each of which may be accomplished only as provided in the Personnel Ordinance and in these rules or the applicable Memoranda of Understanding. No person will be transferred to a position for which the person does not possess the minimum qualifications. 11.3 Promotion. Insofar as practicable and consistent with the best interest of the service, all vacancies in the classified service will be filled by promotion from within after a promotional examination has been given and a promotional list established. If, in the opinion of the appointing authority, the needs of the City require it, a vacancy may be filled by open-competitive examination instead of a closed promotional examination. 11.4 Demotion. The appointing authority may demote an employee whose ability to perform required duties falls below standard, for disciplinary purposes, or in lieu of layoff. In addition, demotion to a vacant position may be made at an employee's request, with the consent of the prospective supervisor. No employee will be demoted to a position for which the employee does not possess the minimum qualifications. Written notice of the demotion will be given to the employee before the effective date of demotion, and a copy of the notice will be filed with the Human Resources Director. 11.5 Suspension. The appointing authority may suspend an employee without pay, or reduce the pay of an employee in lieu of a suspension without pay, for discipline or for other just cause. Suspension without pay may not exceed thirty (30) days in any instance. A suspension without pay, or a reduction in pay in lieu of a suspension without pay, must be reported immediately to the Human Resources Director by the appointing authority. 11.6 Reinstatement. With the approval of the appointing authority, an employee who has resigned with a good record may be reinstated within two years to a vacant position in the same or comparable classification. Upon reinstatement, the employee will, for all purposes be considered as an original appointee. 1/27/2006 Page 17 of23 11.7 Discharge. The appointing authority may discharge an employee for disciplinary purposes or for other just cause after notifying and consulting with the Human Resources Department. 11.8 Reductions in Force. 11.8.1 Notice to Affected Employees. The appointing authority may lay off an employee in the classified service because of material change in duties or organization or shortage of work and funds. Except as otherwise required by federal or state law applicable to reductions in force, at least ten (10) business days prior to the effective date of a reduction in force, the appointing authority will notify the Human Resources Director of the intended action and provide a written statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice will be given the employee affected. If certified as having given satisfactory service, the name of the employee laid off will be placed on the appropriate reemployment list as provided by these rules. 11.8.2 Reduction in Force Procedures. The following procedures will apply to all probationary and regular city employees in the event of a reduction in the City work force. 11.8.2.1 Definitions. The following definitions apply to these procedures: 11.8.2.1.1 "City Service Seniority" means the period of total continuous service with the City as measured from the date of original appointment. 11.8.2.1.2 "Classification Seniority" means the period of total continuous service of an employee in the present classification as measured from the date of appointment to that classification. 11.8.3 Reduction in Force - Layoff. Whenever there is a reduction in the force, the City will layoff employees within a classification according to City service seniority. Employees with the least continuous City service within a classification will be laid off first. 11.8.4 Reduction in Force - Demotion. Whenever there is a reduction in force and demotion of employees becomes necessary, the City will determine among those employees scheduled to be laid off, those employees with the greatest length of continuous City service. The employee will be demoted to any classification for which he/she has been determined to be currently qualified and in which a vacancy exists. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. 11.8.5 Notification. Except as otherwise required by state or federal law applicable to reductions in force, whenever there is a reduction in force, the City will send written notice to the last known address of each employee affected by a layoff. The notice will include the (1) reason for layoff, (2) classifications to which the employee may demote within the City, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from reemployment lists. 1/27/2006 Page 18 of23 11.8.6 Determining Length of Seniority. In determining continuous City service seniority, all uninterrupted employment from the employee's original date of hire, including periods of authorized paid leaves of absence or other authorized leave pursuant to state or federal law, and all periods of time served as a limited term employee, but excluding periods of unauthorized leaves of absence in excess of two pay periods, will be counted as continuous City service seniority. 11.8.7 Order of Reduction in Force. In a reduction in force the following order of layoffs will be followed: (1) part-time, temporary and provisional employees in the affected classification series; (2) limited term employees in reverse order of their seniority in the affected classification series; (3) City probationary employees in reverse order of their classification seniority in the affected classification series; (4) should there be need for further reduction, regular employees in the affected classification series will be given the opportunity to accept or refuse demotion as previously described in subsection 11.8.4 in reverse order of their classification seniority; (5) should a reduction in force still be necessary, regular employees will be laid off in reverse order of their classification seniority. 11.8.8 Determining Order of Layoff and Demotion for Employees with Identical Seniority. Should two or more employees have identical seniority, the order of layoff and demotion will be determined by lottery. 11.8.9 Transfer. All effort will be made by the City to transfer any employee who is to be affected by a reduction in force to another vacant position for which the employee may qualify. 11.8.10 Order and Method of Demotion Pursuant to a Reduction in Force - Bumping. When required due to a reduction in force, employees will be demoted in the following manner: 11.8.10.1 Employees who are demoted, who have held regular status in a lower classification will have the right to bump employees of lesser City service seniority in that lower classification. 11.8.10.2 Employees who have not actually held status in a lower classification will be allowed to demote to a vacant position or to a position held by a City probationary employee in a lower classification, if qualified for the lower classification, but may not bump regular City employees already in the lower classification. 11.8.11 Reinstatement of Employees Demoted as a Result of a Reduction in Work Force. Employees who are demoted as a result of a reduction in force will have their names placed on a reinstatement list, in the order of their City service seniority. Vacant positions in which an employee has served within a classification series will first be offered to employees on this list. 11.8.12 Reemplovment of Employees Laid Off as a Result of a Reduction in Force. Employees who are laid off and who held regular City status at the time of layoff will have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their classification seniority. Vacant positions in the classifications will be offered to eligibles on the reemployment list who qualify for the vacancies prior to an open or promotional recruitment. 1/27/2006 Page 19 of23 11.8.13 Duration of Reinstatement and Reemplovment Lists. The eligibility of individuals on the reinstatement and reemployment lists will extend for a period of two (2) years from the date of demotion or layoff. Eligibles not responding to written notification of an opening after ten (10) business days will have their names removed from the lists. 11.8.14 Restoration of Benefits. Upon Reemplovment Following, a Reduction in Force. Upon reemployment following a reduction in force, an individual will have the following benefits restored: (a) Prior sick leave accruals. (b) City service seniority at time of layoff for purposes of determining merit or step increases, vacation accruals and future reduction in force. (c) The rate of pay of an employee who is re-employed will be based on the pay plan in effect at the time of reemployment. If the employee chooses to be reemployed in a classification which has a pay range lower than the classification from which the employee was laid off, then the rate of pay will be at the "E" step in the pay range for the lower classification.. 11.8.15 Payoff of Accruals Upon Layoff. Laid off employees are to be paid for all accrued holiday, vacation, compensatory time and overtime when separated as a result of a layoff. The sick leave accruals of the employee will remain on the books and will be reinstated if the employee is reappointed within two years form the date of layoff. 11.8.16 Retirement Contribution. The disposition of the reemployment contributions of a laid off employee will be governed by the provisions of the California Public Employees' Retirement Law (California Government Code sections 20000 et seq.). 11.9 Resignations. An employee wishing to leave the City's service in good standing will submit a written resignation to the appointing authority stating the effective date and reasons for leaving. The resignation should be submitted at least two weeks before leaving the service, unless the time limit is waived by the appointing authority. The resignation will be forwarded to the Human Resources Department. Failure to give notice as set forth by this rule may be cause for denying future employment with the City. 12. GRIEVANCE PROCEDURES 12.1 Purpose. The 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 procedure for handling grievances throughout the several supervisory levels where necessary. (d) To provide that grievance meetings will be conducted as informally as possible. 1/27/2006 Page 20 of 23 (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, unless superseded by a Memorandum of Understanding. 12.2 Reviewable and Nonreviewable Grievances. 12.2.1 To be reviewable under this procedure, a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters over which the head of the department has control. (c) Arise out of a specific situation, act or acts considered to be unfair which result in inequity or damage to the employee. (d) Arise out of an interpretation and application of the Personnel Rules and Regulations or an applicable Memoranda of Understanding. 12.2.2 A grievance is not reviewable under this procedure if: (a) It is a matter which would require the modification of a policy established by the City Council or by law. (b) It is reviewable under some other administrative procedure and/or rules of the City of Carlsbad, such as: (i) Applications for changes in title, job classifications or salary. (ii) Appeals from formal disciplinary proceedings. (iii) Appeals from work performance evaluations. (iv) Items identified in these rules or in an applicable Memoranda of Understanding as nongrievable. 12.3 Special Grievance Procedure Provisions. The following special provisions apply to the grievance procedure. 12.3.1 Procedure for Presentation. In presenting a grievance, an employee must follow the sequence and the procedure outlined in subsection 12.4 below. 12.3.2 Prompt Presentation. The employee will discuss the grievance with an immediate supervisor promptly after (i.e., when the employee knew or should have known) the act or omission of management causing the grievance. 12.3.3 Prescribed Form. The written grievance will be submitted on a form prescribed by the Human Resources Director for this purpose. 12.3.4 Statement of Grievance. The grievance will contain a statement of: (a) The specific situation, act or acts considered to be unfair and the reasons why. (b) The inequity or damage suffered by the employee. (c) The relief sought. 1/27/2006 Page 21 of 23 12.3.5 Employee Representative. The employee may choose a representative at any step in the procedure. The person hearing the grievance need not allow more than one employee representative for any step in the grievance process, unless the person hearing the grievance so desires. 12.3.6 Interested Parties. There will be no limit placed upon the number of interested parties who may provide information during the hearing of a grievance at any step of the grievance procedure. 12.3.7 Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. 12.3.8 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 the extension of time must be signed by both parties involved at the step to be extended. 12.3.9 Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances will be handled as a single grievance. 12.3.10 Settlement. Any grievance will be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed time. 12.3.11 Reprisal. The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department. 12.4 Grievance Procedure Steps. The procedural steps for submitting a grievance for consideration and action are set forth in the applicable Memoranda of Understanding. 13. TRAINING AND EDUCATION BENEFITS 13.1 Training and Education. 13.1.1 Responsibility for Training. The city encourages training programs for employees. Responsibility for developing training programs for employees will be assumed jointly by the Human Resources Director and department heads. These training programs may include lecture courses, demonstrations, assignments of reading matter, or other available methods for improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties. 13.1.2 Credit for Training. Participation in and successful completion of special training courses may be considered in making advancement and promotions. Evidence of this activity must be filed by the employee with the Human Resources Director. 13.2 Employee Education and Tuition Reimbursement.. Employee education and tuition reimbursement will be determined in accordance with Administrative Order 60. 1/27/2006 Page 22 of 23 14. REPORTS AND RECORDS 14.1 Roster Cards. The Human Resources Director will maintain a record for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent. 14.2 Change of Status Report. Every appointment, transfer, promotion, demotion, change in status of employees must be reported in writing to the Human Resources Director. 15. RULES OF APPEAL TO PERSONNEL BOARD 15.1 Right of Appeal. Any employee in the classified service will have the right to appeal to the Personnel Board those disciplinary actions and grievance decisions as provided in the applicable Memoranda of Understanding. 15.2 Method of Appeal. Appeals must be in writing, subscribed by the appellant, and filed with the Human Resources Director, who will, within ten (10) calendar days after receipt of the appeal, inform each member of the Personnel Board, explaining the matter appealed from, the action desired by the appellant, and the reasons why. The formality of a legal pleading is not required. 15.3 Notice. Upon the filing of an appeal, the Human Resources Director will set a date for a hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days from the date of filing, unless otherwise agreed to by the parties. The Human Resources Director will notify all interested parties of the date, time and place of the hearing at such places as the Personnel Board will prescribe. 15.4 Hearings. Unless physically unable to do so, the appellant will appear personally before the Personnel Board at the time and place of the hearings. The appellant may be represented by any person or attorney the appellant selects and may at the hearing produce relevant oral or documentary evidence. The City will state its case first and, at the conclusion, the appellant may present evidence on their behalf. Rebuttal matter not repetitive may be allowed at the discretion of the Personnel Board. Cross-examination of witnesses will be permitted. The conduct and decorum of the hearing will be under the control of the Personnel Board by its chairperson, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings will be closed unless the appellant, in writing, requests an open hearing at least seventy-two (72) hours before the hearing. 15.5 Findings and Recommendations. The Personnel Board will, within ten (10) business days after the conclusion of the hearing, certify its findings and decision in writing to the City Council (unless otherwise specified by an applicable Memorandum of Understanding or agreed upon by the parties) and to the appellant. The City Council will review the findings and recommendations of the Personnel Board and may then affirm, revoke or modify the action taken as, in its judgment, seems warranted, and the action taken will be final. Any member of the Personnel Board may submit a minority or supplemental finding and recommendation. 1/27/2006 Page 23 of 23 57 ATTACHMENT B EMPLOYER-EMPLOYEE RELATIONS RULES AND REGULATIONS I. GENERAL PROVISIONS A. Purpose: The purpose of these Rules and Regulations ("Rules") is to implement Chapter 2.48 of the Carlsbad Municipal Code and Chapter 10, Division 4, Title 1 of the California Government Code (Sections 3500, et seq.), captioned "Local Public Employee Organizations." They are intended to provide orderly procedures for the administration of employer-employee relations between the City and its recognized employee organizations, including procedures for meeting and conferring in good faith with exclusively recognized employee organizations regarding wages, hours, and other terms and conditions of employment. B. Definitions: As used in these Rules, the following terms have the meanings indicated: 1. "Appropriate unit" means a unit established pursuant to these Rules. 2. "City" means the City of Carlsbad, California, and, where appropriate, the city council or any duly authorized management employee. 3. "City Manager" means the City Manager or a duly authorized representative. 4. "Confidential employee" means an employee who, in the course of the employee's duties, has access to confidential information relating to the City's administration of employer-employee relations. 5. "Consult or consultation in good faith" means to communicate orally or in writing with affected employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in an effort to reach a consensus. It is distinguished from the meet and confer process because it does not involve an exchange of proposals and EERR 1/27/2006 Page 1 of 19 S2. counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a memorandum of understanding, nor is it subject to the impasse procedures discussed in these Rules. 6. "Day" means calendar day. 7. "Employee" means any person regularly employed by the City, excluding persons elected by popular vote but including the City Clerk when performing the functions of records manager. 8. "Employee organization" means any organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City or any organization that seeks to represent employees of a public agency in their relations with the City. 9. "Employer-employee relations" means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and employees or employee organizations. 10. "Exclusively recognized employee organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate unit, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees and assuming the corresponding obligation of fairly representing unit employees. 11. "Impasse" means that the representatives of the City and an exclusively 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 substantial and prolonged that further meeting and conferring would be futile. EERR 1/27/2006 Page 2 of 19 53 12. "Management employee" means an employee who holds a position listed in the Management Salary Structure, as it may be amended from time to time by resolution of the City Council. 13. "Mediation or conciliation" means the efforts of an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between the City and a recognized employee organization through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms. 14. "Meet and confer in good faith" (sometimes referred to in these Rules as "meet and confer" or "meeting and conferring") means performance by duly authorized City representatives and duly authorized representatives of an exclusively recognized employee organization of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment, in an effort to: a. Reach agreement on those matters within the authority of such representatives; b. Real agreement on what will be recommended to the City Council on those matters within the decisionmaking authority of the City Council. This does not require either party to agree to a proposal or to make a concession. 15. "Peace officer" has the same meaning in these Rules as it does in Section 830 of the California Penal Code. 16. "Professional employee" means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including but not limited to attorneys, physicians, registered nurses, engineers, architects, teachers and the various types of physical, chemical and biological scientists. EERR 1/27/2006 Page 3 of 19 17. "Proof of employee support" means proof sufficient to demonstrate that the employee desires to be represented by a particular employee organization for the purpose of meeting and conferring on wages, hours, and other terms and conditions of employment. For purposes of these Rules, the City will consider the following documents to be proof of employee support: (1) an authorization card or authorization petition recently signed and personally dated by an employee, provided the purpose of the authorization is clearly stated on the side of the card or page of the petition that contains the employee's signature; or (2) a current employee dues deduction authorization. As used in this definition, the words "recently signed" means signed within ninety days prior to the filing of a petition under these Rules. The word "current" means in effect during the payroll period immediately preceding the filing of a petition under this chapter or under these Rules. Notwithstanding the above, dues deduction authorizations provided by one employee for more than one employee organization will not be considered as proof of employee support for any employee organization. In addition, if an employee signs more than one form of authorization, the only authorization that will be considered proof of employee support will be the authorization last signed and personally dated by the employee. 18. "Recognized employee organization" means an employee organization, which has been acknowledged in writing by the City Manager as an employee organization that represents employees of the City. No employee may be recognized by more than one recognized employee organization for purposes of these Rules. The rights accompanying recognition are either: EERR 1/27/2006 Page 4 of 19 a. "Formal recognition," which is the right to meet and confer in good faith as the exclusively recognized employee organization representing employees in an appropriate unit; or b. "Informal recognition," which is the right to consultation in good faith by all recognized employee organizations. 19. "Scope of representation" means all matters relating to employment conditions and employer-employer relations, including but not limited to, wages, hours and other terms and conditions of employment. City rights (see section I.D.) are excluded from the scope of representation. 20. "Supervisory employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or to recommend any of these actions, provided the authority is not merely routine or clerical in nature and, instead, requires the use of independent judgment. C. Employee rights: Employees of the City 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 not limited to wages, hours and other terms and conditions of employment. Employees of the City also have the right to refuse to join or participate in the activities of employee organizations and have the right to represent themselves individually in their employment relations with the City. No employee may be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of the employee's exercise of these rights. D. City Rights: The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set EERR 1/27/2006 Page 5 of 19 standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and technology of performing its work. E. Designation of city's principal representative in employment relations: The City Manager will be the City's principal representative in all employment relations matters, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours and other terms and conditions of employment. The City Manager is authorized to delegate these duties and responsibilities. II. REPRESENTATION PROCEEDINGS A. Filing Petition for Formal Recognition by Employee Organization: "Formal recognition" means the right to meet and confer in good faith as the exclusively recognized employee organization representing the employee in an appropriate unit. An employee organization seeking to be formally acknowledged as an exclusively recognized employee organization representing the employees in an appropriate unit must file a Petition for Recognition with the City Manager containing the following information and documentation: 1. Name and address of the employee organization; 2. Names and titles of its officers; 3. Names of employee organization representatives who are authorized to speak on behalf of its members; EERR 1/27/2006 Page 6 of 19 57 4. A statement that the employee organization has as one of its primary purposes representing employees in their employee relations with the City; 5. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state or national or international organization, and, if so, the name and address of each affiliated organization; 6. Certified copies of the employee organization's constitution and bylaws; 7. 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; 8. A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees; 9. A statement that the employee organization has no restriction on membership based on race, color, age, religion, creed, sex, national origin, sexual orientation, mental or physical disability, or medical condition or any other category protected by state or federal law; 10. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of employees in the unit; 11. A statement that the employee organization has in its possession written proof of employee support, dated within six (6) months of the date upon which the petition is filed, to establish that employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. The written proof must be submitted for confirmation to the City Manager who may elect to refuse receipt of such proof, in which case, such proof will be submitted to the California Mediation and Conciliation Service or to other mutually agreed upon disinterested third party; EERR 1/27/2006 Page 7 of 19 12. A request that the City Manager acknowledge the employee organization as the exclusively recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation. B. Filing Petition for Informal Recognition by Employee Organization: "Informal recognition" means the right to consult in good faith. An employee organization that seeks recognition for purposes of consultation in good faith must file a petition with the City Manager containing the following information and documentation: 1. All of the information enumerated in subdivisions 1. through 12. of subsection A. of this section, inclusive; 2. A statement that the employee organization has in its possession written proof of employee support to establish that employees have designated the employee organization to represent them in their employment relations with the City. The written proof must be submitted for confirmations to the City Manager or to a mutually agreed upon disinterested third party; 3. A request that the City Manager recognize the employee organization for the purpose of consultation in good faith. C. Verification: The Petition for Recognition, including all accompanying documents, must be verified, under oath, by duly authorized representatives of the organization. All changes in the information must be promptly filed in a like manner. D. City Response to Petition for Recognition: Upon receipt of the Petition for Recognition, the City Manager will determine whether (1) there has been compliance with the requirements of the Petition for Recognition and these Rules, and (2) the proposed unit is an appropriate unit. EERR 1/27/2006 Page 8 of 19 If the City Manager determines these two matters in the affirmative, the City Manager will give notice of the Petition to the employees in the unit and will take no further action on the Petition for thirty (30) days to allow an opportunity for any competing petitions to be filed in accordance with section E. below. If the City Manager determines either of these two matters in the negative, the City Manager will offer to consult with the petitioner about them. Should the City Manager's determination remain unchanged after the consultation, the City Manager will inform the petitioner of the reasons for the determination in writing. The petitioner may appeal the City Manager's determination in accordance with section I. below. E. Open Period for Filing Competing Petition: Within thirty (30) days of the date written notice was given to affected employees under section D. above, any other employee organization may file a competing Petition for Recognition as the exclusively recognized employee organization representing the same or an overlapping unit of employees. The Petition must be filed in the same form and manner specified in section A. above and must be accompanied by proof of employee support, indicating that at least thirty percent (30%) of the employees in the proposed unit have designated the employee organization to represent them in their employment relations with the City. The proof must be submitted for confirmation to the City Manager or to a mutually agreed upon disinterested third party. If the competing Petition involves an overlapping unit (i.e. one which contains some, but not all, of the classifications and positions in the unit proposed in the other Petition), the City Manager will conduct a hearing to determine the appropriate unit, at which time the petitioners will be heard. Thereafter, the City Manager will determine the appropriate unit or units in accordance with the criteria set forth in section H. below. F. Election Procedures: The City Manager will arrange for a secret ballot election to be conducted by the City Clerk or a mutually agreed upon third party. All employee EERR 1/27/2006 Page 9 of 19 toO organizations that have submitted Petitions in compliance with section A. and, where applicable, section E. above, will be included on the ballot. The ballot will also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in the election will be those persons employed in regular positions within the affected appropriate unit who: (1) were employed during the most recent pay period ending at least fifteen (15) days prior to the election, including those employees who did not work during the pay period because of illness, vacation or other authorized leave of absence; and (2) are employed by the City in the same unit on the date of the election. An employee organization will be formally acknowledged as the exclusively recognized employee organization for the affected appropriate unit following an election or run-off election if the organization received a numerical majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election will be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election will also apply to a run-off election. No more than one election affecting the same unit may be conducted during a twelve (12) month period. Costs of conducting an election will be borne in equal shares by the City and by each employee organization appearing on the ballot. G. Procedure for Decertification of Exclusively Recognized Employee Organization: 1. A Petition for Decertification alleging that an incumbent exclusively recognized employee organization no longer represents the majority of the employees in an established appropriate unit may be filed with the City Manager only during the months of October or November of any year following the first full year of formal recognition, or during EERR 1/27/2006 Page 10 of 19 6,1 the thirty (30) day period commencing one hundred twenty (120) days prior to the expiration date of an applicable Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. The Petition for Decertification may be filed by two or more employees or their representative, or an employee organization, and must 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. c. An allegation that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating to this allegation. d. Proof of employee support, indicating that at least thirty percent (30%) of the employees in the established appropriate unit no longer desire to be represented by the incumbent exclusively recognized employee organization. Proof must be submitted for confirmation to the City Manager or to a mutually agreed upon disinterested third party. 2. An employee organization may, in satisfaction of the requirements of this section, file a Petition for Recognition under section A., provided the Petition includes the allegation required by subsection 1 .c. above and otherwise conforms to requirements of this section. 3. The City Manager will initially determine whether the Petition has been filed in compliance with the applicable provisions of this section. If the City Manager's determination is in the negative, the City Manager will offer to consult with the petitioner(s) and, EERR 1/27/2006 Page 11 of 19 if the determination remains unchanged, will inform the petitioners in writing of the reasons for the determination. The petitioner(s) may appeal the determination in accordance with section I. below. If the City Manager's determination is in the affirmative, or if the City Manager's negative determination is reversed on appeal, the City Manager will give written notice of the Petition to the incumbent exclusively recognized employee organization and to the unit employees. 4. The City Manager will then arrange for a secret ballot election to be held on or about fifteen (15) days after the written notice was given to determine the wishes of unit employees as to the question of decertification and, if a Petition for Recognition was duly filed, the question of representation. The election will be held in conformance with the procedures described in section F. above. 5. During the "open period" specified in section 4. above, the City Manager may on the City Manager's own initiative, when the City Manager has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent exclusively recognized employee organization, give notice to the organization and to the unit employees that an election will be arranged to determine the issue. If this occurs, then any other employee organization may, within fifteen (15) days of the notice, file a Petition in accordance with section 2. above, which the City Manager will act on in accordance with sections 3. and 4. above. 6. If, pursuant to this section G, a different employee organization is formally acknowledged as the exclusively recognized employee organization for an established appropriate unit, the organization will be bound by all of the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. G. Appropriate Unit: EERR 1/27/2006 Page 12 of 19 1. Procedure for Determination of Appropriate Unit: The City Manager, after reviewing the petition filed by an employee organization seeking formal recognition as the exclusively recognized employee organization, will determine whether the proposed unit is an appropriate unit. The policy objectives in determining the appropriateness of units will be: (1) the effect of the proposed unit on the efficient operations of the City and its compatibility with the primary responsibility of the City 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 be the broadest feasible grouping o positions that share an identifiable community of interest. Factors to be considered include: a. Which unit will assure employees the fullest freedom in the exercise of rights set forth under this chapter. b. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. c. History of representation in the City and similar employment; except, however, that no unit will be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. d. Consistency with the organization patterns of the City. e. Effect of differing legally mandated impasse resolution procedures. f. Number of employees and classifications, and the effect on the administration of employment relations created by the fragmentation of the classifications and proliferation of units. g. Effect on the classification structure and impact on the stability of employment relations of dividing a single or related classifications among two or more units. EERR 1/27/2006 Page 13 of 19 2. In the establishment of appropriate units: a. Professional employees will not be denied the right to be represented separately from non-professional employees; and b. Management and confidential employees who are included in the same unit with non-management or confidential employees may not represent any employee organization which represents such employees on matters within the scope of representation. c. The City Manager will, 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. The decision of the City Manager will be final. I. Procedure for Modification of Established Appropriate Unit: A Petition for Modification of an established unit may be submitted by an employee organization to the City Manager during the period specified in section G.I above. The Petition for Modification must contain all of the information specified in section A. above, along with a statement of all relevant facts in support of the proposed modified unit complies with the standards and objectives detailed in section H. above. The City Manager will process a Petition for Modification in the same manner as a Petition for Recognition. The City Manager may. on the City Manager's own initiative, propose that an established appropriate unit be modified. The City Manager will give written notice of the proposed modification(s) to any affected employee organization and will hold a meeting concerning the proposed modification(s), at which time all affected employee organizations will be heard. Thereafter, the City Manager will determine the composition of the appropriate unit or units in accordance with the standards and objectives specified in section H. EERR 1/27/2006 Page 14 of 19 above, and will give written notice of the determination to the affected employee organizations. The City Manager's determination may be appealed as provided in section 4 below. If a unit is modified pursuant to a proposal by the City Manager, employee organizations may thereafter file Petitions for Recognition seeking to become the exclusively recognized employee organization for the modified unit. III. ADMINISTRATION A. Submission of Current Information by Recognized Employee Organizations: All changes to information filed with the City under these Rules must be submitted in writing to the City Manager within fourteen (14) days of the change. B. Meet and Confer in Good Faith - Scope: 1. The City, through its representatives, will meet and confer in good faith with representatives of an exclusively recognized employee organization regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment within the appropriate unit. 2. The City will not be required to meet and confer in good faith on any subject preempted by federal or state law, nor will it be required to meet and confer in good faith on employee or City rights as defined in Sections 2.48.040 and 2.48.050. Proposed amendments to this chapter are excluded from the scope of meeting and conferring. C. Consultation in Good Faith - Scope: All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The City, through its representatives, will consult in good faith with representatives of all recognized employee organizations on employer-employee relation matters, which affect them. Advance notice on matters subject to consultation, but outside the scope of representation, is desirable but not mandatory. EERR 1/27/2006 Page 15 of 19 D. Advance Notice: Reasonable written notice will be given to each recognized employee organization affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council or by any board or commission of the City, and each will be given the opportunity to meet with such body prior to adoption. Emergency resolutions and ordinances are excepted, but employee representatives will be notified of these resolutions and ordinances as soon as possible. E. Meet and Confer Meeting Rules: Prior to the start of a series of meet and confer meetings, the management team will meet with the employee team of each recognized unit to determine rules, procedures, and conduct of meet and confer sessions, including, but not limited to, advance notice of meetings, agenda, place of meeting, participants, secretary, caucuses, length of meeting, rate of pay for participating employees, press releases, number of participating units, initialing procedure, amendment to agenda, spokesman and recesses. F. Memorandum of Understanding: When the meeting and conferring process is concluded between the City and an exclusively recognized employee organization, all agreed upon matters will be incorporated in a written memorandum of understanding signed by the duly authorized representatives of the City and employee organization. The memorandum of understanding must be submitted to the City Council for determination. G. Payroll Deductions on Behalf of Employee Organizations: The City Manager may grant an exclusively recognized employee organization permission to have membership dues, service fees, and insurance premiums for plans sponsored by the organization deducted from member or represented employees' paychecks. This permission, if granted, is contingent upon the organization's compliance with any related administrative procedures prescribed by the City Manager under section I. below, and upon the City's receipt of written authorization from EERR 1/27/2006 Page 16 of 19 member or represented employees in accordance with Government Code section 1157.1, 1157.3 and 3508.5(a). H. Employee Organization Activities - Use of City Resources: Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them: 1. Will be authorized only to the extent provided for in Memoranda of Understanding and/or administrative rules and procedures established under section I. below; 2. Will be limited to lawful activities consistent with these Rules; 3. Will pertain directly to the employer-employee relationship and not internal employee organization business, such as soliciting members, campaigning for office, and organization meetings and elections; and 4. Will not interfere with the efficiency, safety, and security of City operations. I. Administrative Rules and Procedures: The City Manager, after consulting with the City Attorney and any affected employee organizations, is authorized to establish any procedures necessary and appropriate to implement and administer the provisions of these Rules. J. Management and Confidential Employees: Management and confidential employees are restricted from representing any employee organization which represents other employees of the City on matters within the scope of representation; serving in leadership or policy making positions in these other employee organizations, or in any way acting in a position or manner which is contrary to their designation as management or confidential employees of the City. IV. RESOLUTION OF IMPASSES AND/OR APPEALS EERR 1/27/2006 Page 17 of 19 A. The procedures of this section may be invoked only after the possibility of settlement by direct discussion, by all parties concerned, has been exhausted. B. Any party may initiate the impasse procedure by filing with the other party or parties affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting may then be promptly scheduled by the City Manager, with written notice to all parties affected. The purpose of the impasse meeting is to review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding, and if the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided above. In the absence of agreement between the parties on the selection of an impasse procedure, the matter may be referred to the City Council. C. The impasse procedures are as follows: 1. Mediation or conciliation as defined in section I.B. above. All mediation proceedings will be private. The mediator will make no public recommendations nor take any public position concerning the issues; 2. A determination by the City Council after a hearing on the merits of the dispute; 3. Any other dispute-resolving procedures to which the parties mutually agree or, in the absence of an agreement, which the City Council may order. D. The fees and expenses, if any, of mediators or of any other impasse procedure will be borne in equal amounts by each party. V. APPEALS An employee organization aggrieved by any determination made pursuant to these rules (II.B., II.C., II.E. and II.F.) may, within seven (7) days of the determination, file a written EERR 1/27/2006 Page 18 of 19 complaint with the City Manager or City Clerk. If the complaint is not timely filed, it will be considered closed and not subject to these impasse procedures or to any other appeal. VI. MISCELLANEOUS PROVISIONS A. Construction: These Rules will be administered and constructed as follows: 1. Nothing in these Rules will 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, state or local law. 2. The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, will not be modified or restricted by this chapter. 3. The provisions of these Rules are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the California Government Code (sections 3500, et seq.). 4. These Rules will be interpreted so as to carry out their purpose as set forth in section 1.1 above. B. Severability: If any provision of these Rules, or the application of the provision to any persons or circumstances, is held invalid, the remainder of these Rules, or the application of the provision to persons or circumstances other than those as to which it is held invalid, will not be affected as a result. EERR 1/27/2006 Page 19 of 19