Loading...
HomeMy WebLinkAbout82-192 - Resolutions RESOLUTION NO. 82-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTIONS 3-5.3 THRU SECTIONS 3.5.11 OF THE CITY'S COMPREHENSIVE PERSONNEL RULES AND REGULATIONS ESTABLISHING REVISED EMPLOYEE DISCIPLINARY PROCEDURES. WHEREAS, the City Council has previously adopted a comprehensive set of Personnel Rules governing the details of administration of the city's personnel system; and WHEREAS, it is necessary from time to time to review, revise and re- adopt comprehensive personnel rules; and WHEREAS, the proposed amendments to the existing rules are deemed to be in essential compliance with all applicable federal and state laws, rulings and regulations governing fair, equal and bias-free public personnel administration; and WHEREAS, the attached proposed amendments known as "Appendix A-i" have been. reviewed and approved by a committee of employees composed of representatives from each city department in compliance with applicable state and federal laws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Raneho Cueamonga does hereby adopt the attached, (Appendix A-l) amendments t~ the Rules and Regulations governing the details of administration of the City's personnel system. PASSED, APPROVED, and ADOPTED this 3rd day of November, 1982. AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None /~D. Mi~els, Mayor ATTEST: 'Lauren M. Wasserman, City Clerk Resolution No. 82-192 Page 2 APPENDIX A-1 3-5 Employee Evaluation, Discipline, Trainin~ and Development 3.5.0 Probationary Period. The first six months after a new employee has been hired shall be a probationary period during which he or she shall be carefully observed for successful Job performance. Thirty days prior to the six month anniversary date of the hiring of the employee, the employee's performance shall be formally evaluated and the department head or City Manager shall recommend the advancement of the employee to regular status. If recommended, and approved by the City Manager, the employee shall be so advanced after the completion of the six month probationary period. If the department head does not so recommend, the employee shall be terminated. The probationary period may be extended, under unusual circumstance, upon approval of the Personnel 0fficer, for no more than an additional six months. A probationary employee may be dismissed at any time without cause. However, if the dismissal is based on charges of misconduct which stigmatize the employee's reputation, or seriously impair the employee's opportunity to earn a living, or which might seriously damage the employee's standing or associations in his or her community, then the predisciplinary procedures set forth in Section 3.5.9 of these rules shall be followed. 3.5.1 Annual Performance Evaluation: Employees who have passed their probation period shall have their performance evaluated annually thereafter from the date of passing probation. Evaluation forms and procedures shall be provided by the Personnel Officer for employee evaluation. It is the responsibility of the appointing authority to conduct timely and complete employee evaluations as they are due for each employee under his/her supervision or direction and to provide copies of the prescribed forms to the Personnel Officer as required. 3.5.2 Employee Training and Development: The City shall encourage employees to develop the skills needed to perform their Jobs and to obtain skills necessary for advancement. Consistent with budgetary provisions, the City will provide both in-house and off-site training designed to achieve these goals. Every effort shall be made to structure the classification system in the City to allow horizontal as well as upward mobility to qualified employees, subject to the restraints of turnover, economy and efficiency. 3-5-3 Authority to Discipline: The appointing authority shall have the power and duty to take disciplinary action pursuant to the provisions of these Rules. 3.5.4 Disciplinary Background: Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct Resolution No. 82-192 Page 3 necessary to carry out the service mission of the city organization successfully. Self-discipline or self- conformity is the goal strived for. Where self-discipline by the employee fails, disciplinary action by the appointing authority is authorized and shall be accomplished in such a manner as to be just, equitable, consistent and suited to the situation. The disciplinary action, when taken, shall be documented in such a manner as to be defensible at review and/or upon filing of a grievance by the disciplined employee. Oral WarninK. In the event that the supervisor of an employee determines that a deficiency in performance or conduct is not of sufficient magnitude to warrant a disciplinary action, an oral warning may be given to the employee, which should include a suggestion as to corrective action which should be taken to improve performance or conduct in question. 3.5-5 Types of Disciplinary Actions: Types of disciplinary actions which may be taken, in order of severity, are: dismissal, disciplinary demotion, reduction in pay, disciplinary suspension~ written reprimand, or an appropriate combination of these disciplinary actions. The aforementioned types of disciplinary actions are defined as follows: Dismissal. The discharge of an employee from City service. Disciplinary Demotion. A permanent change in classification of an employee to a position of lower responsibility and pay for unsatisfactory performance or disciplinary reasons. Reduction in Pay. A temporary reduction of an employee's salary to a lower salary step for a maximum period of time not to exceed one calendar year. Disciplinary Suspension. The temporary suspension of an employee from city service, without compensation, for a period not to exceed thirty (30) calendar days in any one (1) calendar year. Written Reprimand. Notification in writing to the employee that there is cause for dissatisfaction with the employee's services and that further disciplinary measures may be taken if the cause is not corrected. 3.5.6 Predisciplinary Suspension. If in the opinion of the appointing authority, immediate action is required to protect the health, safety or welfare of the public, other employees, or the employee concerned, an employee may be suspended without pay for up to seven (?) days pending the processing of predisciplinary proceedings required by Section 3-5.9 of these rules, or may be suspended with pay pending completion of such investigation or hearing as may be required to determine if disciplinary action is to be taken. In the event the investigation develops in favor of the employee, or if no disciplinary action is initiated, the employee suspended without pay shall be Resolution No. 82-192 Page 4 entitled to receive all pay and benefits accruing during such period of suspension. 3-5-7 Grounds for Disciplinary Action: The following shall constitute the grounds for disciplinary action. Any one of them my be sufficient upon which to base a disciplinary action. Fraud. Fraud in securing employment or making a false statement on an application for employment or on any supporting documents furnished with or made a part of any application. Incompetency. Incompetency such as failure to comply with the minimum standard of an employee's position for a significant period of time. Neglect. Inexcusable neglect of duty, such as failure to perform duties required of an employee within the position assigned. Insubordination. Willful disobedience and insubordination such as a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position. Dishonesty. Dishonesty involving employment. Intoxication. Being under the influence of alcohol or intoxicating drugs while on duty. Addiction. Addiction to or habitual use of alcoholic beverages, narcotics or any habit forming drug. Absence. Inexcusable absence without leave. Crimes. Conviction of a felony, or of a misdemeanor involving moral turpitude, which shall be deemed to include only crimes involving dishonesty or character depravity. Discourteousness. Discourteous treatment of the public. Unauthorized Use. Improper or unauthorized use of city property. Rules Violation. Violation of the rules and regulations of any department, which rules and regulations are adopted pursuant to these rules. Oath Refusal. Refusal to subscribe to an oath or affirmation which is required by law in connection with city employment. Willful Misconduct. Any willful act of conduct undertaken in bad faith which either during or outside of duty hours is of such a nature that it causes discredit to fall on the city, the employee's department or division. Willful failure to maintain proper decorum during working hours causing discredit to the employee's department or division also may be considered willful misconduct. Resolution No. 82-192 Page 5 Sick Leave Abuse. Abuse of sick leave. Procedural Lapse. Knowingly failing to follow the procedures set forth herein governing grievances when pursuing or investigating a grievance. Inattention. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of city property. Infirmity. Mental or physical infirmity or defects which render the employee unfit for the proper performance of duty, as certified by a medical doctor, in writing. Outside Employment. Outside employment not specifically authorized by the appointing authority. Gifts. Acceptance from any source of a reward, gift or other form of remuneration in addition to regular compensation for the performance of official duties. Falsities. Falsification of any city report or record, or of any report or record required to be or filed by the employee. Violations. Willful violation of any of the provisions of the government code, lawful ordinances, resolutions, or any rules, regulations or policies which may be prescribed by the City Council or City Manager or department head. Political Activity. Improper political activity, provided, however, nothing in these rules and regulations shall be construed as preventing any officer or employee from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying freedom from all interference in casting the vote or from seeking or accepting election or appointment to public office; provided further, however, that a person holding a position with the city must obtain a leave of absence before seeking election to the office of City Council member of the City of Rancho Cucamonga. A. No employee, or person seeking employment with the city, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions, except that no one shall be eligible to hold a position with the city who is or becomes sympathetic or affiliated with any group or movement that advocates the overthrow of the government by force or violence. B. Any employee of the city seeking election to any public office personally or for any other person or soliciting votes in favor of or against any proposition to be submitted to the voters in any election shall not do so during working hours or while wearing a uniform or Resolution No. 82-192 Page 6 badge identifying him or her with employment by the city, except, however, that such prohibition shall not be applicable to any employee appearing before any public employee's organization of which he is a member. 3.5.8 Written Reprimands. Every letter or reprimand shall be discussed with the employee to assure that he or she has read and understood its contents. At the direction of appointing authority, a copy of a written reprimand may be placed in the employee's personnel file. The employee's signature should be obtained on the file copy acknowledging receipt of the letter, but not necessarily agreement. However, if the employee refuses to acknowledge receipt, a supervisor may endorse the fact of receipt on the copy to be placed in the employee's personnel file. After two (2) years, and upon written request of an employee, the appointing authority may remove a letter of reprimand from an employee's personnel file. 3.5.9 Predisciplinary Procedures. Prior to the discharge, disciplinary demotion, reduction in pay, or disciplinary suspension of any regular full-time or part-time employee, the following procedures shall be complied with: Written Notice. Notice of the proposed disciplinary action shall be given to the employee by the appointing authority. Said written notice shall be given at least seven (7) working days before the action is taken. Such notice shall include the following: A statement of the reasons for the proposed action. A statement of the charges upon which the proposed action is based. A description of the documents or materials upon which the proposed disciplinary action is based. A statement that the employee has the right to inspect the same and to receive copies of all such written documents or materials. (Whenever possible, an employee shall be supplied with copies of such written documents and materials at the time written notice of proposed disciplinary action is given.) A statement advising the employee of his or her right to respond to the charges, either orally or in writing. The notice should set a date, time and place for the employee to respond to the charges if he or she elects to do so. The date set for response should be approximately five (5) days after the notice is sent. A statement of the maximum disciplinary action contemplated if the charges are established. A statement that the employee has the right to be represented at all stages of the proceeding Resolution No. 82-192 Page 7 by counsel and/or by an authorized representative of any employee bargaining unit of which the employee is a member. A statement advising the employee that discipline may be imposed whether or not he or she responds to the charges. Predisciplinary Hearing. At the date and time set for the employee to respond to the charges, the appointing authority shall receive and consider any oral and/or written response submitted by or on behalf of the employee. The appointed authority shall also consider any other oral or documentary evidence presented by the employee. Although not required to do so, the appointing authority may deem it advisable to arrange in advance to have witnesses present to establish the charges. If it appears during the course of the hearing that more information than is presently available is required to make a determination, the matter may be continued to a later time. The appointin~ authority shall be the sole Judge of whether the char~es have been established and the de~ree of discipline which should be imposed. 3.5.10 Action Letter by the Appointing Authority. Following the completion of the predisciplinary hearing, or following the date therefor if no oral or written response is submitted, if the appointing authority determines that discipline should be imposed, the appointing authority shall promptly prepare a letter containing the following: Factual Findings. This part of the letter may, for charges which have been established, repeat the charges as set out in the predisciplinary notice. If a charge has not been established, or facts in mitigation of the charge's seriousness have been disclosed, the letter should so state. The specification provisions of the Municipal Codes Personnel Rules and Re~ulations~ Department Order~ or other provision of law found to have been violated. The discipline to be imposed. This discipline may not exceed the maximum stated in the predisciplinary notice. If the employee has offered alternatives as to discipline, the letter should so state and the employee should be informed that he or she is required to make his or her election in writing. The effective date of the discipline imposed. Notice of appeal rights. A statement that the employee may appeal any imposition of discipline as provided in these Personnel Rules, and the time limits for filing notice of appeal. The action letter should be either personally delivered to the employee or mailed to the employee at his or her last known residence address. Resolution No. 82-192 Page 8 3.5.11 Postdisciplinary Appeal Procedures. The appeal procedure described herein shall apply to cases of disciplinary action affecting regular full-time or part-time employees. It shall not be applicable to those positions which my be deemed exempted by council resolution or to probationary employees. The taking of an appeal pursuant to this rule shall not stay the effect of any discipline imposed. Any disciplined employee desiring to appeal the disciplinary action imposed must file a notice of appeal with the City Clerk within the appeal period stated below. If the employee does not file written notice of the appeal within said period, the disciplinary action taken shall be deemed final and conclusive. Notice of appeal must be filed within: Ten (10) days after personal delivery to the employee of the action letter. Fifteen (15) days after the action letter is mailed to the last known residence address of the employee. If the action letter is both personally delivered and mailed, the shorter of the above-stated appeal periods shall apply. If the employee files a timely notice of appeal, the City Clerk shall request a list of third party neutrals from the American Arbitration Association or the California State Conciliation Service. The city shall select a third party neutral (Hearing Officer) to hear the appeal. A time for an appeal hearing shall be established which shall not be less than ten (10) working days, nor more than sixty (60) working days, from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least five (5) working days prior to the hearing. All hearings shall be private; provided, however, that the appellant may request a hearing open to the public. The Hearing Officer shall, if legally authorized, issue subpoenas at the request of either party to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only in the discretion of the hearing officer. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determinations of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any Resolution No. 82-192 Page 9 common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. The Hearing Officer shall not be invalidated by any formality in the proceedings, and the Hearing Officer shall not be bound by technical rules of evidence. The Hearing Officer shall rule on the admission or exclusion of evidence. Each party shall have these rights: to be represented by legal counsel or other person of his or her own choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify in his/her behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. The hearing shall proceed in the following order, unless the Hearing Officer, for a special reason, otherwise directs: The party imposing discipline shall be permitted to make an opening statement. The appealing party shall be permitted to make an opening statement. The party imposing disciplinary action shall produce the evidence on his/her part. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof. The parties may then, in order, respectively offer rebutting evidence only, unless the Hearing Officer for good reason, permits them to offer evidence upon their original case. Arguments shall be permitted in the discretion of the Hearing Officer. The Hearing Officer shall determine relevancy, weight, and credibility of testimony and evidence, and shall base his/her findings on the preponderance of the evidence. Resolution No. 82-192 Page 10 During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. No still phc~graphs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing, unless all parties and the Hearing Officer consent. The Hearing Officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The Hearing Officer shall render his/her written findings and recommendations as soon after the conclusion of the hearing as possible and in no event later than ten (10) working days after concluding the hearing, unless otherwise stipulated by the parties. His/her decision shall set forth the recommendations as to each of the charges and the reasons therefor. The Hearing Officer may recommend the sustaining or rejecting of any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. The decision of the Hearing Officer is advisory only. The proposed decision shall be filed with the charged employee, the appointing authority, and the City Council, and shall set forth all findings and conclusions. If a dismissal is not sustained, the proposed decision shall set forth the recommended effective date the employee is to be reinstated, which may be any time on or after the date the disciplinary action went into effect. Either the appellant or the appointing authority my file written exception to the proposed decision, findings, and conclusions of the Hearing Officer within ten (10) working days after the proposed decision is filed. Unless such written exceptions are filed within the time period above stated, the proposed decision of the hearing officer shall become final and conclusive. The party excepting from the proposed decision of the Hearing Officer shall at the same time request a transcript of the proceedings before the Hearing Officer for review by the City Council. If the appellant is the requesting party, he or she shall pay the sum of $100.00 to the City Clerk as a deposit at the time the request is made. This amount shall be applied toward the cost of preparing the record. When the total cost of the preparation of the record has been ascertained by the City Clerk, the appellant shall pay the amount of the cost thereof within five (5) days after being notified by the Clerk. If the cost of the record is less than $100.00, any amount in excess of the actual cost shall be refunded to the appellant. Failure by the appellant to pay any Resolution No. 82-192 Page 11 sums required for the preparation of the transcript, when due, shall be deemed an abandonment of appellant's exceptions to the proposed decisions, findings and conclusions of the Hearing Officer and said proposed decision shall thereupon become final. Upon completion of the transcript of the proceedings before the Hearing Officer, the same shall be lodged with the City Clerk. The City Council shall, within ten (10) days thereafter, review the transcript, the proposed decision, findings and conclusions of the Hearing Officer and the exceptions filed. The City Council may ratify, modify, or reverse the proposed decision, findings and conclusions of the Hearing Officer, and the decision of the City Council shall be final and conclusive.