HomeMy WebLinkAbout2006-02-21; City Council; Resolution 2006-044EXHIBIT 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.
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7 WHEREAS, the City's employment-related ordinances, rules and policies include Title 2
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of the Carlsbad Municipal Code, the City's Personnel Rules and Regulations, and the Employer-
9 Employee Relations Rules and Regulations, and,
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WHEREAS, the aforementioned ordinances, rules and policies are collectively known as
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the "local personnel regulations," and
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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,
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California, as follows:
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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.
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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.
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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
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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.
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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.
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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
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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.
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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,
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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(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.
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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.
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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.
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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
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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.
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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.
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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:
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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
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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;
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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;
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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.
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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
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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
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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,
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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:
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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.
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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.
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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.
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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
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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
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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
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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.
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