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HomeMy WebLinkAbout4905 RESOLUTION NO. 4905 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING RESOLUTION NO. 4186 BY AMENDING THE CITY OF ARCADIA PERSONNEL RULES AND REGULATIONS TO CONFORM THOSE SECTIONS CON- CERNING EMPLOYMENT OF RELATIVES, AUTHORITY OF CITY L~IANAGER TO SET SALARIES, EDUCATIONAL PAY- SWORN PERSONNEL, PROBATIONARY PERIODS, SICK LEAVE ACCUMULATION, HOLIDAYS, AND GRIEVANCE HANDLING,WITH AGREEMENTS ENTERED INTO AS A RESULT OF THE MEET A~~ CONFER PROCESS TAKING 'PLACE DURING THE YEARS 1978 AND 1979 WITH CER- TAIN RECOGNIZED EMPLOYEE ORGANIZATIONS, WHEREAS, as a part or the agreements resulting from the meet and confer process between the City of Arcadia and various of its recognized employee organizations several changes to por- tions of the City of Arcadia Personnel Rules and Regulations concerning educational pay-sworn personnel, probationarY' periods, sick leave accumulation, holidays, and grievance handling were agreed upon; and ~HEREAS, the Personnel Board of the City of Arcadia recommended to the City Council these amendments to the Personnel Rules and Regulations contained herein; and WHEREAS, the Personnel Board additionally recorrmended to the City Council amendments providing rules for the employment of relatives and the authority of the City Manager to set sala- ries; also contained herein; and WHEREAS, the best interests of the City of Arcadia and its employees will be served by the adoption of said amendments. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AS FOLLOWS: -1- 4905 SECTION 1., Resolution No. 4186 of this City Coutncil is hereby amended by amending the City of Arcadia Personnel Rules and Regulations contained therein by: A. Amending Rule III, Section 1, by the addition of subsection (d) to read as follows: ~ (d) RELATIVES. In making the appointment, the appointing authority shall not appoint to a paid position within the department or in the case of a department with multiple divisions within the same division any person who is a relative within the third degree of consan~uinity of another employee within the department, This shall not ,prohibit an employee already in the service of the City from continuing therein, B. Amending Rule VI, Section 2 'to read as follows: Section 2. Length of Probationary Period. (a) For the classifications of Fire Captain, Fire Engineer, Firefighter-Paramedic, Firefighter, Dispatcher, Police Lieutenant, Police Sergeant, Police Agent, Police Officer and Police Clerk, the probationary period for all eligible candi- dates appointed from an open competitive examin- ation and who are 'not currently employed in a permanent position shall be on probation for eighteen (18) months before attaining permanent status. Eligible candidates appointed from a -2- 4905 promotional list shall be on probation twelve (12) months before attaining permanent status. .,...... (b) For all other classifi'cat"ions in the compet it ive' service, the probationary period for all eligible candidates appointed from an open competitive examination and who ~e~not currently employed in a permanent position shall be on probation for twelve (12) months before attaining permanent status. Eligible candidates appointed from a promotional list shall be on probation for six (6) months before attaining permanent status. C. Amending Rule VII, Section 5 to read as follows: Section 5 - Salary Step Adjustments (a) With the approval of the City ~anager, an employee may be hired at any step within the salary range applicable to the position. (b) The City Manager shall have the authority to ad- just an employee's salary step within that employee's salary range when the purpose is to correct an ' existing inequity or give recognition to exceptional performance. D. Amending Rule VII, Section 7 to read as follows: Section 7 Educational 'Pay Sworn Personnel -., (a) Police - Educational pay for the classifications of Police Officer and Police Agent shall be a part of the salary step plan. -3- 4905 A Police Officer or Police Agent shall progress from Step D to Step E of the Salary Schedule when they have completed the probationary period and have satisfied the basic education and training requirements by one of the following methods: 1. The sworn employee shall have been awarded an Associate in Arts Degree in Police Science, Police Administration or Criminology by an institution accredited by the California Department of Education. 2. The sworn employee shall have 60 or more college units acceptable to a cOllege or university which is accredited by the California Department of Education towards a Baccalaureate Degree and have completed a minimum of 20 units in law enforcement acceptable to an accredited Cali- fornia Junior College towards an Associate in Arts Degree in Police Science, Police Administra- tion or Criminology. (b) Fire - Educational pay for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer or Fire Captain shall be a part of the salary step plan. A Firefighter, Firefighter Paramedic, Fire Engineer or Fire Captain shall progress from Step D to Step E of the Salary Schedule when they have completed 4905 -4- the probationary period and have satisfied the basic education and training requirements by one, of the following methods: 1. The sworn employee shall have been awarded an Associate in Arts Degree in Fire Science or Fire Administration by an institution accredi- ted by the California Department of Education, 2. The sworn employee shall have earned 60 or more college units acceptable to a college or university which is accredited by the Califor- nia Department of Education towards a Bacca- laureate Degree, and have completed a minimum of 20 units in Fire Science acceptable to an accredited California Junior College towards an Associate in Arts Degree in Fire Science or Fire Administration. Persons employed as Fire- fighter, Firefighter Paramedic and Fire Engineer prior to July 1, 1979 who have satisfied the basic education and training requirements set forth in G above prior to June 30, 1981 shall be entitled to receive a step increase upon submission of the Associate in Arts Degree or proof of 60 or more earned college units. Nothing herein entitles such employee to receive a step increase above the Step E. -5- 4905 E. Amending Rule V II I, Sectico.., 4 Subsection (a) to read as follows: (a) Every full-time employee in the Classified and Un- classified Service (with the exception of temporary appointments) shall be granted sick leave with full pay, said sick leave shall be accumulated beginning with the first month on the basis of one (1) day for each month of service. Employees ffiay accumulate up to a maximum of 125 days sick leave with pay. F. Amending Rul~ VIII, Section 6 Subsection (a) to read as follows: (a) Each employee in the Classified Service, except s~orn members of the Police and Fire Departments, shall be allowed ~1th full pay the following holi- days; New Year's Day - January 1 Washington's Birthday - the third Monday in February Memorial Day - The last Monday in May Independence Day - July 4 Labor Day - The first Monday in September Admission Day - September 9 Veteran's Day - Kovember 11 Thanksgiving Day - the fourth Thursday in November The Friday following the fourth Thursday in Kpvember Christmas Day - December 25 One-half day preceding Christmas or New Year's Day with approval of Department Head Every day appointed by the President or Governor for a public fast, thanksgiving or holiday Whenever New Year's Day - January 1; Independance Day - July 4; Admission Day - September 9; Christmas Day - December 25, falls on a Saturday or Sunday, the preceding or a holiday. the Monday following, respectively, Friday shall be -6- 4905 G. Amending "Employee Complaints and Grievances" to read as follows: "RULE XIV - EMPLOYEE COMPLAINTS AND GRIEVANCES Section 1. PROCEDURE An employee who feels he has a grievance has the right to express it through the proper channel. The following pro- cedure shall be followed in presenting a grievance: (a) Within fifteen (15) days of the occurence of the event giving rise to the grievance, the employee shall discuss the grievance with the immediate supervisor. (b) If, after discussing the grievance with the supervisor, the employee is still dissatisfied, a written grievance may be filed by the employee with the individual in the next higher position in the department provided such written grievance is filed within ten (IO)days of the meeting referred to in paragraph A-I. The written grievance shall set forth a clear statement of the grievance, the circumstances involved, the decision rendered at the informal conference and the specific remedy sought. A decision in \\Titing within ten (10) work-days s,hall be communicated to the employee. If the response is not made within the time limits, or if the employee is still dissatisfied, the employee may appeal in writing to the department administrator. -7- 4905 (c) An employee proceeding to the department administrator shall file a written ippeal within five (5) workdays of notice of the decision referred to in paragraph A-2 or within five (5) workdays of the lapse of the time limits within which the written decision was re- quired, The department head may require the employee and the immediate supervisor to attend a grievance meeting. The department head shall communicate his decision in writing within ten (10) workdays o.f receiving the grievance or the' holding of a grievance meeting, whichever is longer. If the response is not made within the time limits or if the employee is still dissatisfied the employee may appeal in writing to the Personnel Director. (d) An employee appealing to the Personnel Director shall file a written appeal within five (5) workdays of, notice of the decision referred to in paragraph A-3 or within five (5) workdays of the lapse of the time limits within which the written decision was required. The Personnel Director shall then take whatever action he deems appropriate to resolve the grievance and may require the employee and the ir.mediate supervisor to attend a grievance meeting. The Personnel Director shall communicate his decision in 'writing within ten (10) workdays of receiving the grievance or the holding of a grievance meeting, whichever is longer. -8- 4905 If the Personnel Director's response is not made within the time limits, or if che employee is still dissatisfied, the employee may appeal in writing to the Personnel Board. Such appeal shall be filed within five (5) workdays of notice of the decision or within five (5) workdays of the lapse of the time limits within which the written decision was required. (e) The Personnel Board shall within five (5) workdays of receipt of the appeal, set a date for a hearing. Such hearing date shall be within thirty (30) calendar days from the date of receipt of the appeal. (f) All of the facts shall be presented to the City Manager, along with the recommendation of the Personnel Board, The employee shall have the right to meet with the City Manager. The City Manager shall render a final decision in writing within ten days after ~e- viewing the recolli~endation of the Personnel Board. Section 2. GENERAL PROVISIONS (a) The grievant has the right of representation of the grievant's choice at all formal levels. The Personnel Director shall be notified of the representative, if' any. (b) Except by mutual agreement, failure by the employer at any level to communicate a decision within the specified time limit shall permit the grievant to proceed to the next level. -9- 4905 (c) ~xcept by mutual agreement, failure by the grievant, at any level, to file or ap~e~l a grievance to the next level within the specified time limit shall be considered acceptance of the resolution of the grievance at that level. (d) Time limits may be waived by the mutual consent of the grievant and the Personnel Director, Section 3. DEFINITIONS (a) Grievance- An allegation by any employee in the classified service that the employee has been adversly affected by a violation of a specific provision of the Memoran- dum of Understanding or Personnel Rules and Regulations. I (b) Grievant- An aggrieved person is any employee in the classified service adversely affected by a violation of a specific provision of the Memorandum of Understanding or Personnel Rules and Regulations. (c) Workday- A workday is any day the City offices are regularly open for business. SECTION 2. Neither the adoption of this resolution nor the repeal hereby of any resolution shall in any manner be con- strued as affecting any of the provisions of such resolution relating to the collection of any such fee, nor to affect the validity of any bond or cash deposit in lieu thereof, posted, filed or deposited therefore and all rights and obligations thereunder appertaining shall continue in full force and effect. -10 4905 SECTION 3 . the adoption.of this That the Clerk of ~h~council shall certify to resolution. I HEREBY CERTIFY that the foregoing at a regular meeting of the City Council of held on the 1st day of July, 1980 of at least three Councilmen, to wit: resolution was adopted the City of Arcadia by the affirmative vote AYES: O:Jllllcilroen Dring, Gilb, Haltom, Saelid and Pellegrino NOES: None ABSENT: None c4t4~~~ C~ty Cler 0 t e City of Arcad~a SIGNED AND APPROVED this 1st day of July, 1980. ATTEST: ~~:l~ C~ty Clerk , -ll- 4'905