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HomeMy WebLinkAbout4657 RESOLUTION NO. 4657 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 CONCERNING VACATIONS, PROBATIONARY PERIODS AND GRIEVANCE HANDLING WITH AGREEMENTS ENTERED INTO AS A RESULT OF THE MEET AND CONFER PROCESS TAKING PLACE DURING THE YEAR 1977 WITH CERTAIN RECOGNIZED EMPLOYEE ORGANIZATIONS WHEREAS, a part of the meet and confer process between the City of Arcadia and various of its recognized employee organizations several changes to portions of the City of Arcadia Personnel Rules and Regulations concerning vacations, probationary periods and grievance handling were agreed and partially imple- mented by City Council Resolution No. 4630; and WHEREAS, on August 11, 1977 the Personnel Board of the City of Arcadia recommended to the City Council the amendments to the Personnel Rules and Regulations 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: SECTION 1. Resolution No. 4186 of this City Council is hereby amended by amending the City of Arcadia Personnel Rules and Regulations contained therein by: A. Amending Rule VIII, Sect ion 3, Subsections (b) and I (c) thereof to read as follows: O(b) All other full-time employees in the classified and non-classified service, with the exception -1- 4657 of temporary appointments, shall accumulate vacation with pay at the rate of 0.84 of a working day per month for a total of ten work- ing days per year during the first five years of employment; at the rate of 1.25 working days per month for a total of 15 working days per year between the employee's fifth and tenth anniversary date; at the rate of 1,42 working days per month for a total of 17 working days per year between the employee's tenth and fifteenth anniversary date; at the rate of 1.50 working days per month for a total of 18 working days per year after sixteen years of service; at the rate of 1.58 working days per month for a total of 19 working days per year after seventeen years of service and at the rate of 1,67 working days per month for a total of 20 working days per year after eighteen years of service. Accumulated vacation shall be granted at the discretion of the appointing power, Upon termination, vacation used shall be prorated against vacation earned. Vacation accumulated beyond the amount accumulated for a twenty-four month period shall not be carried I forward for more than one year. Any accumulated vacation shall be granted at the discretion of the appointing power. (c) Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefor at his rate of compensa- tion applicable at the time he leaves the City employ. Because employees seldom terminate on the final day of a month, the following method will provide for equitable payment for vacation earned during the month of termination. If an employee terminates on a day falling on the first through the fifteenth day of a month, the employee shall receive credit for one half the month's vacation accrual; if an employee terminates on a day falling on the sixteenth through thirty-first day of a month the employee shall receive full credit for the vacation accrual for the month." B. Amending Rule VI thereof to read as follows: "RULE VI - PROBATIONARY PERIOD Section 1. Purpose - the probationary period is a part of the examination process. It is a work-test period during which the employee's performance and ,2- 4657 conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal if the appointing power deems the probationer unfit or unsatisfactory for service. When provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section 2. Length of probationary period. (a) For the classifications of Police Lieutenant, Police Sergeant, Police Agent and Policeman, the probationary period for all persons appointed to these classifica- tions, entrance or promotional, shall be for twelve (12) months before attaining permanent status. (b) For the classification of Police Clerk, the pro- bationary period for all persons appointed to this classification, entrance or promotional shall be for six (6) months before attaining permanent status, (c) For the classifications of Fire Captain, Fire Engineer, Firefighter-Paramedic, Firefighter and Dispatcher, the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position shall be for eighteen (18) months before attaining permanent status. Eligible candidates appointed from a promotional list shall be on probation twelve (12) months before attaining permanent status. (d) For all other classifications in the competitive service, the probationary period for all eligIble candidates appointed from an open competitive examination and who are not currently employed in a permanent position shall be for twelve (12) months before attaining permanent status. Eligible candidates appointed from a promotional list shall ,3- 4657 be on probation for six (6) months before attaining permanent status. Section 3. Reports of probationers. It shall be the duty of each appointing power during the probationary period of each employee in his department to investigate thoroughly the performance and general acceptability to determine whether or not the employee is fully qualified for permanent appointment. He shall make a report on the employee's performance and conduct at the completion of one-third of the probationary period, again upon completion of two-thirds and at least ten days before the end of the probationary period. Such reports shall be made upon forms prescribed by and submitted to the Personnel Director." C. Amending that portion of said Rules entitled "Employee Complaints and Grievances", also referred to as Rule XV to read as follows: -4- 4657 " RULE XV - EMPLOYEE COMPLAINTS AND GRIEVANCES Section 1. Any employee in the classifications of Police Lieutenant, Police Sergeant, Police Agent, Policeman or Police Clerk who feels that he or she has a complaint or grievance has the right to express it through the proper channel. The following procedure should be followed in presenting your grievance: (a) Discussion with the immediate supervisor. (b) If, after discussing the problem with the supervisor, or if the problem is of such a nature that it cannot be discussed with the immediate supervisor, the em- ployee shall not be denied the right to request and receive an interview with the individual in the next higher responsible position in the department. If .the employee is still dissatisfied, this procedure .shall continue until the employee has interviewed his department administrator. (c) If,.after interviewing the department administrator, the employee is still not satisfied, the matter shall be brought to the attention of the Director of Per- sonnel. The Director of Personnel shall then take whatever action he deems appropriate to resolve the grievance. (d) If the matter is not reso 1 vedby the Di rector of Personnel, the employee shall be entitled to bring the matter before the Personnel Board for hearing and recommendation to the City Manager. (e) 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 interview the City Manager. The City Manager shall render a final decision in writing within ten days after reviewing the recommendation of the Personnel Board. -5- 4657 Section 2. An employee in any other classification in the classified service who feels that he or she has a complaint or a grievance h~s the right to express it through the proper channel. (a) Procedure-The following procedure shall be followed in pre- senting a grievance: 1. 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. 2. If, after discussing the grievance with the supervisor, the employee is still dissatisfied, a written grievance may be filed by the em- ployee with the individual in the next higher position in the department provided such written grievance is filed within ten (10) 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 infor- mal conference and the specific remedy sought. A decision in writing within ten (10) work- days shall be communicated to the employee. If the response is not made within the time limit~, or ~f the employee is still dissat- isfied, the employee may appeal in writing to the department administrator. 3. An employee proceeding to the department administrator shall file a written appeal 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 required. 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 of receiving the grievance or the holding of a grievance meeting, whichever is longer. -::6- 4657 If the response is not made within the time limits or if the employee is still dissat- isfied the employee may appeal in writing to the Personnel Dir.ector. 4. 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 what- ever action he deems appropriate to resolve the grievance and may require the employee and the immediate 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. If the Personnel Director's response is not made within the time limits, or if the>em- ployee 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. 5. The Personnel Board shall within five (5) workdays of receipt of the appeal, set a date for the hearing. Such hearing date shall be within thirty (30) calender days from the date of receipt of the appeal. 6. 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 deci- si.ol1 ih writing withi.n ten (10) days after re- viewing the recommendation of the Personnel Board. ,,~7~ 4657 (b) General Provisions 1. The grievant has the right of representa- tion of the grievant's choice at all for- mal levels. The Personnel Director shall be notified of the representative, if any. 2. Except by mutual agreement, failure by the employer at any level to cOllollunicate a deci- sion within the specified time limit shall permit the grievant to proceed to the next level. 3. Except by mutual agreement, failure by the grievant at any level, to file or appeal a grievance to the next level within the specified time limit shall be considered acceptance of the resolution of the grie- vance at that level. 4. Time limits may be waived by the mutual consent of the grievant and the Personnel Director. (c) Definitions 1. Gri evance- an allegation by any employee in the classified service that the employee. has been adversely affected by a vio- lation of a specific provision of the Memorandum of Understanding or Per- sonnel Rules and Regulations. 2. Gri evant- an aggrieved person is any employee in the classified service adversely affected by a violation of a specific provision of the Memorandum of Under- standing or Personnel Rules and Regu- lations. 3. Workday- a workday is any day the City offices are regularly open for business. " -8- 4657 SECTION 2, The City Clerk Shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 20th day of September, 1977, by the affirma- tive vote of at least three Council members, to wit: AYES: Council Members Lauber, Margett, Parry & Saelid NOES: None ABSENT: Councilman Gilb A /1' /' <' ~~'o //~,~' -C~ty 1erk of the City 0 Arcad~a SIGNED AND APPROVED this 20th day of .. ATTEST: ~Ik. Stl uwJ City Clerk (SEAL) ,::9- 4657