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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
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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
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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
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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:
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" 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.
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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.
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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.
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(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. "
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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)
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