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HomeMy WebLinkAbout10-009 - Resolutions RESOLUTION NO. FD 10-009 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DISTRICT'S PERSONNEL RULES AND REGULATIONS WHEREAS, The Rancho Cucamonga Fire Protection District (District) has previously adopted Personnel Rules and Regulations by way of Resolution No. 1-10-77; and, WHEREAS, The District last amended said Personnel Rules and Regulations by way of Resolution No. FD 07-033; and, WHEREAS, Sections 3250- 3262 of the California Government Code, commonly referred to as the Firefighters Procedural Bill of Rights (FBOR), require that the District's Personnel Rules and Regulations be amended to reflect the provisions of the FBOR; and, WHEREAS, The District has met and conferred with the Rancho Cucamonga Firefighter's Association (Association) in order to develop language which complies with the FBOR; and, WHEREAS, The District and Association have agreed upon acceptable language and have signed the agreement; NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga Fire Protection District hereby amends the District Personnel Rules and Regulations as provided for in the attached agreement titled "Agreement Between Representatives of the Rancho Cucamonga Fire Protection District and the Rancho Cucamonga Firefighter's Association, Local 2274 Amending District Personnel Rule and Regulation Section XXIV, Disciplinary Action." The Secretary shall certify to the adoption of this resolution. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 7th day of April 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None 1� Donald J. Kurth, M.D., President ATTEST: (). Lk� .)�Cce C. Reynold , Secre �— I,JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 7th day of April, 2010. Executed this 8'h day of April 2010 at Rancho Cucamonga, California. 1 -? � 0- A r' Jan' e C. Reynolds, Secretary Resolution No. FD 10-009– Page 2 of 10 AGREEMENT BETWEEN REPRESENTATIVES OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE RANCHO CUCAMONGA FIREFIGHTERS' ASSOCIATION, LOCAL 2274 AMENDING DISTRICT PERSONNEL RULE AND REGULATION SECTION XXIV, DISCIPLINARY ACTION Representatives of the Rancho Cucamonga Fire Protection District and the Rancho Cucamonga Firefighters' Association, Local 2274 have completed the Government Code § 3500 et. seq. meet and confer process as regards modification of Section XXIV DISCIPLINARY ACTION of the Rancho Cucamonga Fire Protection District Personnel Rules and Regulations. The meet and confer process has resulted in an agreement by representatives of the District and Local 2274 to amend Section XXIV of the Personnel Rules and Regulations as follows. Enactment of the terms of this Agreement is subject to approval by the Board of Directors of the Rancho Cucamonga Fire Protection District. The terms of this Agreement shall become effective concurrent with adoption of this Agreement by the District Board of Directors. Any provisions in the District Personnel Rules and Regulations, Memoranda of Understanding (Article V of the 2009-10 MOU) and/or Department General Orders and Policies which are inconsistent with the terms of this Agreement, shall be considered null and void and superseded by the provisions of this Agreement. NOW THEREFORE, representatives of the District and Local 2274 agree as follows: SECTION XXIV. DISCIPLINARY ACTION 1. .Cause for Suspension, Reduction in Salary Rate, Demotion, Termination. An employee with permanent status in his/her current classification may be disciplined for the following: A. Failure to meet reasonable performance standards and requirements. B. Discourteous treatment of the public or other employees. C. Willful or negligent disobedience of any law, ordinance, rule, regulation, or superior's lawful order. D. Misappropriation or damage to public property or waste of public funds or property through negligent or willful misconduct. E. Absence without approved leave. F. Tardiness or absenteeism. G. Practicing deception or fraud in the securing of a job appointment or promotion. Resolution No. FD 10-009 — Page 3 of 10 H. Failure to supply full information as to character, reputation, medical history, or acts which, if known at the time of appointment, might have resulted in a disqualification of the employee for the job to which appointment was made. I. Falsification of an official statement or document. J. Failure to pay court-recognized debts or make reasonable provisions for their payment. K. Incapacity to perform job duties because of a mental or physical ailment or defect consistent with the retirement rights of the employee. L. Neglect of duties. M. Failure to cooperate with the implementation and application of the Equal Employment Opportunity principles. N. Possession or using narcotics or alcohol in District facilities or reporting to work under influence of same. O. Improper withdrawal or limitation of service or any action which interferes with or is disruptive of the District mission or the public service. P. Insubordination. Q. Engaging in or condoning the sexual harassment or hazing of fellow employees. R. Harassment of applicants or employees. S. Hazing of employees. T. Possession of adult material of a sexual nature or using Internet websites of an adult sexual nature on duty or within District facilities. U. Any action inconsistent with these Rules or officially promulgated rules. 2. IMPOSITION AND APPEAL OF DISCIPLINARY ACTION A. This section is intended to provide a fair, orderly, and due process compliant procedure whereby employees can seek review of Resolution No. FD 10-009— Page 4 of 10 disciplinary actions. Disciplinary actions shall be defined as: 1) oral warning, 2) written reprimand, 3) suspension without pay, 4) reduction in pay, 5) demotion, 6)termination, (7) transfer for purposes of punishment. Further, written reprimands and suspensions of one (1) or less shift (and one (1) or less days for non-shift personnel) and reductions in pay of monetary value equal to one (1) shift or one (1) day or less, shall not be subject to appeal beyond the level of the Fire Chief or designee as set forth below. Oral warnings, performance evaluation reports and/or the discharge of probationary employees shall not be subject to review pursuant to this section or any section of these rules. B. General Provisions 1. Preparation of an appeal will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. 2. Failure of the appellant to comply with time limitations specified in the appeal procedure shall constitute a withdrawal of the appeal, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the appellant to proceed to the next step in the procedure. EXCEPTION:Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. 3. Any period of time specified in this rule for the giving of notice or taking of any action excludes weekends and holidays. A "day" as used in this Section shall mean a calendar day. If the last date to take action falls on a day that administrative offices are closed, the last date for action shall be extended to the next day during which administrative offices are opened. 4. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. 5. Neither a hearing officer/Administrative Law Judge nor the City Manager shall have authority to determine if a matter is within the definition of a disciplinable appeal and/or is timely filed or otherwise administratively prosecuted in a timely manner. Resolution No. FD 10-009 — Page 5 of 10 C. Pre-Disciplinary Notice 1. In those instances where a supervisor intends that a disciplinary action shall be issued consisting of the loss of property(suspension, reduction in pay, demotion or dismissal), the supervisor intending to issue said recommendation shall provide the affected employee with a written notice prior to imposition of any such disciplinary action. Said written notice shall at a minimum, consist of the following: (a) A statement of the disciplinary action that is being proposed. (b) The proposed date of imposition of.said action. (c) A statement of the basis for said proposed action. (d) The Notice shall include as attachments, the materials upon which the proposed action is based (with the exception of the employee's personnel file, which need not be attached to the Notice). (e) A statement of the method for participating in a pre- disciplinary review of the proposed action. 2. At the discretion of the Fire Chief, a Notice of Intended Disciplinary Action can be issued by either the Chief or his/her designee. 3. Not later than fifteen (15) days after being served with the Notice of Intended Disciplinary Action, the employee shall serve the Fire Chief or designee with a written request to convene such a meeting. The pre-disciplinary review meeting shall be conducted not later than fifteen (15) days thereafter. In the alternative, the individual issuing the notice of intended disciplinary action has the option of unilaterally calendaring the pre-disciplinary review meeting. The pre-disciplinary review meeting shall be conducted not earlier than five (5) days after service of the notice of intended disciplinary action. The employee has the option of waiving participation in a pre-disciplinary review meeting, and instead may respond to the Notice of Intended Disciplinary Action in writing. If the employee so elects, the employee's substantive written Resolution No. FD 10-009 — Page 6 of 10 response to the Notice of Intended Disciplinary Action shall be served upon the Fire Chief or designee within fifteen (15) days of service of the Notice of Intended Disciplinary Action, or on the date calendared for the pre- disciplinary review meeting by the person issuing the Notice of Intended Disciplinary Action. 4. The pre-disciplinary review meeting shall be a non- evidentiary, informal meeting conducted pursuant to the principles in Skelly v. State Personnel Board. There shall be no subpoena power as regards said pre-disciplinary review meeting and there shall be no examination of witnesses. Rather, the purpose of the meeting is for the subject employee to provide the Fire Chief or designee with an informal rebuttal to the findings and conclusions set forth by the Fire Chief or designee. 5. If the employee does not elect to participate in a pre- disciplinary review meeting, then the Fire Chief or designee shall issue a Notice of Disciplinary Determination based upon a review of the Notice of Intended Disciplinary Action and the materials incorporated therein. 6. Regardless of whether or not the Notice Intended Disciplinary Action is issued by the Chief or a designee, the Chief shall preside over any timely requested pre- disciplinary review proceeding and shall issue a determination either rejecting, modifying or sustaining the nature of the proposed action. However, the pre- disciplinary review proceeding shall not result in an increase in the severity of the proposed action without an amended Notice of Intended Action being first drafted and served and which so reflects the Fire Chiefs recommendation. Any amended Notice of Intended Action as described herein shall be based on evidence, conduct or other information separate and distinct from the materials upon which the initial Notice of Intended Action was based. 7. The Fire Chief shall cause the Notice of his/her post-review determination to be served upon the employee and/or the employee's representative. 8. The decision by the Fire Chief or designee shall address whether or not the appeal of the employee is appeal able pursuant to the definition set forth in this Section and/or is Resolution No. FD 10-009— Page 7 of 10 timely filed or otherwise administratively prosecuted in a timely manner. In the event that the Fire Chief or designee determines that the employee's appeal is not defined as such by this Section and/or is not timely filed or otherwise administratively prosecuted in a timely manner, the Fire . Chief or designee shall advise the employee that the matter is not appeal able and the appeal shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the matter being jurisdictionally appeal able pursuant to the definitions set forth in this Section and/or pursuant to requirements of timeliness. D. APPEAL OF DISCIPLINARY SANCTIONS NOT INVOLVING DISCIPLINE DEMOTION OR SUSPENSION IN EXCESS OF ONE SHIFT (OR"ONE (1) DAY FOR NON-SHIFT PERSONNEL) AND/OR A REDUCTION IN PAY EQUIVALENT IN VALUE TO A ONE (1) SHIFT(OR ONE(1) DAY) SUSPENSION. , 1. Pursuant to Government Code § 1 1445.20, the District shall use an informal hearing procedure in those situations where a disciplinary sanction against an employee does not involve discharge, demotion, suspension for more than 1.0 shift(and one (1) day for non-shift personnel)and/or in reduction in pay equivalent in value to a 1.0 shift(or one (1))day suspension. Section 11445.20, is specifically incorporated into Sections 11500 et. seq. (see Section 11501(c) above.) Accordingly, Section 11400 et. seq. is incorporated into this rule, with specific reference being made to Section 1 1445.40, which provides the basis for an informal hearing in matters subject to Section 11400 et. seq. In an informal hearing,the Fire Chief or designee shall be the presiding officer. The Fire Chief or designee shall conduct the informal hearing in accord with the procedural guidelines set forth in Section 11445.40-11445.60. The determination of the Fire Chief shall be final and binding. An employee desiring to invoke the informal hearing procedure set forth herein, shall file a written appeal with the office of the Fire Chief, demanding that the informal hearing be convened. A timely appeal shall be one received by the office of the Fire Chief not later than fifteen (15) days after seryice of III Notice of Intended Disciplinary ActionMotice of Written Reprimand, having been served on the employee. Failure to file a timely demand for an informal hearing shall constitute a waiver of Resolution No. FD 10-009 — Page 8 of 10 S that right and the disciplinary action shall not be subject to further review in any forum, administrative or civil The Fire Chief or designee shall issue a written determination within fifteen (15) days of the informal hearing being closed. E. DISCIPLINARY SANCTIONS INVOLVING DISCHARGE, DEMOTION OR SUSPENSION FOR MORE THAN 1.0 SHIFT(AND EQUIVALENT OF MORE THAN A ONE(1)DAY SUSPENSION FOR NON-SHIFT PERSONNEL,) OR A REDUCTION IN PAY EQUIVALENT IN VALUE TO GREATER THAN A 1.0 SHIFT(OR ONE(1)DAY) SUSPENSION. 1. Administrative appeals processed pursuant to this sub-Section shall be conducted in conformance with Government Code §§ 11500 et. seq. Accordingly, all Government Code §§ 11500 et. seq. requirements including, including but not limited to issuance of a timely Accusation and Statement to Respondent, shall be processed in accord with Government Code §§ 11500 et. seq. Pursuant to Government Code § 1 1517(a)the agency has exercised its discretion to have an administrative law judge originally hear the case alone. The proposed decision of the administrative law judge shall then be processed in accord with Government Code § I I517(c),resulting in the final determination being made by the Chief Executive Officer(City Manager.) Inasmuch as the"agency" and not the "agency itself' shall be taking action in this matter,the agency delegates its decision making authority to the Chief Executive Officer. Such decision making authority shall be exercised in accord with Government Code § I I517(c). F. The parties acknowledge that their exists a lack of clarity as to compliance of the Government Code § 11445.20 and 11517 hearing processes set forth in this section of the Rules with the dictates of Government Code §§ 3254.5 and §§ 11500 et. seq. However, this Section XXIV reflects the good faith effort of the representatives of the District and Local 2274 to fashion disciplinary appeal rules that comport with the requirements of Government Code § 3254.5. However, representatives of the District and Local 2274 also acknowledge that the perceived lack of clarity in Government Code §§ 3254.5 and §§ 11500 et. seq., may subject these Rules to modification if and when appellate court decisions address FBOR statutory provisions, including but not limited to those relevant to this section. Resolution No. FD 10-009— Page 9 of 10 G. Allowable judicial Review of the Chief Executive Officer's decision shall be sought within the time constraints of CCP § 1094.6 (mandating that a petition for preemptory unit of mandate shall be filed not later than the ninetieth (90'h) day following the date on which the Chief Executive Officer's decision is mailed by first-class mail, postage pre-paid, including a copy of the affidavit or certificate of.mailing.) IT IS AGREED The Rancho Cucamonga Firefighters' Rancho Cucamonga Fire Protection Association, Local 2274_ District c /F ` Tohn Gillison, Assistant City Manager Date Date Resolution No. FD 10-009— Page 10 of 10