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HomeMy WebLinkAbout81-14 - ResolutionsRESOLUTION NO. 81-14 A RESOLUTION OF TRE CITY COUNCIL OF THE CITY OF P~CHO CUCAMONGA AI~DPTING COMPREHENSIVE RULES, REGULATIONS AND PROCEDURES GOVERNING THE DETAILS OF ADMINISTRATION OF THE CITY'S PERSONNEL SYSTEM. WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted a personnel classification plan and employee compensation program; and, WHEREAS, the City Council is desirous of implementing the most modern and effective system of rules and regulations and such rules have been developed and received by the City Council. WHEREAS, it is necessary to develop, adopt, review, revise and re-adopt comprehensive personnel rules and procedures governing the details of all personnel, administration and management, encompassing all categories of appointed City employees; and, WHEREAS, such 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 Rules and Regulations known as "Appendix A Personnel Rules", 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 Rancho Cucamonga does hereby adopt the attached, (Appendix A), Rules and Regulations Governing the details of Administration of the City's personnel system. PASSED, A~PROVED, and ADOPTED this 21st day of January, 1981. AYES: Frost, Mikels, Palombo, Schlosser NOES: None ABSENT: Bridge Phillip ~. Schlosser, Mayor ATTEST: r f 3.0 GENERAL PERSONNEL RULES 3.1 Employer-Employee Relations 3.1.1 Statement of Purpose: This rule implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organization," by providing orderly procedures for the admin- istration of employer-employee relations between the City and its employee organizations. This rule is intended to strengthen the administering of employer-employee relations through the establish- ment of uniform and orderly methods of communica- tions between employees, employee organizations and the City. It is the purpose of this resolution to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that relate to wages, hours and other terms and conditions of employment for employees. 3.1.2 Definitions: As used in this rule, the following terms shall have the meanings indicated: (a) APPROPRIATE UNIT shall mean a unit composed of employee classifications and positions, as determined. (b) CITY shall mean the City of Rancho Cucamonga, California. (c) CITY COUNCIL shall mean the City Council of the City of Rancho Cucamonga, California. (d) CONFIDENTIAL EMPLOYEE shall be as defined in Rule 1.3.18 hereof. (e) CONSULT/CONSULTATION IN GOOD FAITH means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and is distinguished from meeting and conferring in good faith which involves an exchange of proposals and counter proposals in an endeavor to reach agreement. (f) DAY shall mean calendar day unless expressly stated otherwise. (g) EMPLOYEE shall mean any person employed by the City on a full-time basis, except elected officials. (h) EMPLOYEE ORGANIZATION shall mean any organization which includes employees of the City and which has as one of its primary purposes representing such employees in their relations with the City. -17- (i) Er2LOYEE REL TIONS OFFICER shall mean the City Manager or his :y authorized representative. The ._ City Manager is .thorized to delegate these employee relat: .is duties and responsibilities to his duly authorized representatives. (j) IMPASSE shall mean that the representatives of the City and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and/or prolonged that further meeting and conferring would be futile. (k) MANAGEMENT EMPLOYEE shall be as defined in Rule 1.3.4 hereof. (1) MEDIATION shall mean the efforts of a third person, or persons, functioning as an intermediary, to assist the parties in reaching a voluntary resolution of an impasse. (m) PROFESSIONAL EMPLOYEE shall mean an employee engaged in work (1) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work, and (2) involving the consistent exercise of discretion and judgement in its performance, and (3) of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time, and (4) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes. (n) PROOF OF EMPLOYEE APPROVAL shall (1) mean an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction author- izations for more than one employee organization for the account of any one employee shall not be con- sidered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization most recently signed by an employee. The words "recently signed" shall mean within 12 calendar months prlior to the filing of a petition. • -18- (o) RECOGNIZED EMPLOYEE ORGANIZATION shall mean an employee organization which has been formally acknowledged by the City Council as the exclusive employee organization that represents the employees in an appropriate representation unit pursuant to this Rule. (p) SCOPE OF REPRESENTATION shall mean to include all matters relating to employment conditions and employer-employee relations limited to wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive.order. 3.1.3 Filing of Recognition Petition: An employee organ- ization that seeks to be formally acknowledged as the recognized employee organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer con- taining the following information and documentation: (a) Name and address of the employee organization. (b) Names and titles of its officers. (c) Names of employee organization representatives who are authorized to speak on behalf of the organ- ization. (d) A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the City. (e) A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of such other organization(s) . (f) Certified copies of the employee organization's constitution and by-laws. (g) A designation of those persons, not to exceed five in number, and their addresses, to whom notice sent by regular United States mail, will be deemed sufficient notice on the employee organization for any purpose. • (h) A statement that the employee organization has no restriction on membership based on race, age, color, creed, sex, national origin, marital status, religion or political beliefs. -19- (i) The job classifications or -itles of employees in the established appropriate .nit and the approx- imate number of member employees therein. (j) A statement that the employee organization has in its possession proof of employee support as herein defined to establish that 30% of the employees in the proposed appropriate unit have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer unless the employee organization requests confirmation by the Division of Conciliation of the State of California Depart- ment of Industrial Relations in which case, written proof may be submitted to said Division of Concilia- tion for verification of proof of employee support. (k) A request that the Employee Relations Officer formally acknowledge the petitioner as the recognized employee organization representing the employees in the unit determined to be appropriate for the purpose of meeting and conferring in good faith. (1) The petition, including all accompanying documents, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer (s) of the employee organization executing it. 3.1.4 City Response to Recognition Petition: (a) Upon receipt of the petition(s) the Employee Relations Officer shall within ten (10) days deter- mine whether: (1) There has been compliance with the requirements of the recognition petition, and, (2) The proposed representation unit is an appropriate unit in accordance with this Rule. (b) If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall within ten (10) days after making said deter- mination: 1. Inform the petitioning employee organization and 2. Give written notice of such request for recognition to the employees in the unit. No further action on said request shall be taken by the Employee Relations Officer for thirty (30) days from the date of said written notice. 3. If either of the matters specified in sub- paragraph (a) above is not affirmatively -20- determined, the employee organization may within ten (10) days request that the Employee Relations Officer appoint an impartial hearing officer in accordance with (4) below to conduct a hearing to find the underlying facts and make recommendations regarding the resolution of the matters raised by the petition. 4. Within twenty (20) days after receipt of said request from the employee organization, the Employee Relations Officer may request from the American Arbitration Association a list of nine impartial hearing officers, experienced in unit determinations in the public sector. The employee organization concerned and the Employee Relations Officer alternately strike names from the list until only one name remains, the employee organiza- tion striking first. The Employee Relations Officer shall appoint such remaining person as the impartial hearing officer to act as described in this section. If more than one employee organization has petitioned to represent any of the same employees, a list of ten hearing officers shall be requested and the organizations and Employee Relations Officer shall strike names alternating with the organizations striking in an order to be determined by lot. 5. The hearing officer shall conduct and conclude a hearing on the issues presented in an expeditious manner. 6. Findings and recommendations of the hearing officer shall be made known to the City Council, the Employee Relations Officer and the employee organization; -or organizations, if more than one has petitioned, within ten (10) days after the completion of the hearing. 7. The City Council shall after review of the findings and within ten (10) days of receipt thereof, render a final decision in writing to the Employee Relations Officer and employee organizations concerned. The deter- mination of the City Council shall be final. • 3.1.5 Open Period for Filing Challenging Petition(s) : Within thirty (30) days of the date written notice was given to affected employees that a valid recog- nition petition(s) for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in -21- the same unit by fling a petition(s) idencing proof of employe support in the esta-_fished appro- pria:e unit of at least ten (10) percent and otherwise in the same form and manner as set forth in this Rule. The Employee Relations Officer shall within ten (10) days after expiration of time for filing challenging petition(s) comply with this Rule. 3.1.6 Election Procedure: The Employee Relations Officer shall arrange for a secret ballot election to be con- ducted by the Division of Conciliation of the State of California Department of Industrial Relations in accordance with its rules and procedures subject to the provisions of this resolution. All employee organizations who have duly submitted petition(s) which have been determined to be in conformance with this Rule shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. The election shall be held within fifteen (15) days after the Employee Relations Officer has made the final determination on challenging peti- tion(s) as required herein. Employees entitled to vote in such election shall be those persons, as defined herein who are employed in positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation, or authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the recognized employee organization for the designated appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a runoff election. Within five (5) days from the date that the ballots of any • election are counted, the Employee Relations Officer shall give written notice of the final results of the election to the City Council and to the participating employee organization. There shall be no more than one valid election under this resolution pursuant to any petition(s) in a twelve month period affecting the same unit. Costs of conducting elections shall be shared equally by the City and each employee organization appearing on the ballot. -22- 3.1.7 Recognitions There shall be only one employee organization formally acknowledged as the recog- nized employee organization for each appropriate unit. It shall be the only organization entitled to meet and confer in good faith within the scope of representation for the employees in an appro- priate unit. A recognized employee organization representing non-management employees of the City in an appropriate unit may not represent manage- ment employees on matters within the scope of representation. However, nothing contained herein shall prohibit any management employees from joining or participating in any employee organization which represents non-management employees, for the purpose of academic, social, fraternal and vocational development. Employee organizations which are recognized by the City to be the recognized representative of employee classifications specifically set forth in any Memorandum of Understanding shall continue to be the recognized employee organization for these classifications after the adoption of this re- solution except that such employee organization shall be subject to the procedures for decertifi- cation of recognized employee organizations set forth herein. 3.1.8 Procedure for Decertification of Recognized Employee Organization: A decertification petition alleging that the incumbent recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be • filed with the Employees Relations Officer only during the month of January of any year following the first full year, of recognition or the thirty (30) day period commencing between one hundred eighty (180) days and one hundred fifty (150) days prior to the expiration date of a Memorandum of Understanding, whichever occurs later. A decerti- fication petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following infor- mation and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete. (a) The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further informa- tion. • (b) The name of the established appropriate unit and of the incumbent recognized employee organization sought to be decertified as the representative of that unit. • -23- (c) An allegation that the incumbent recognized employee organization no longer represents a majority of the employees in the approp _ate unit, and any other relevant and materi facts relating thereto. (d) Proof of employee support that 30% or more of the employees in the established appropriate unit no longer desire to be represented by the incum- bent recognized employee organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. The Employee Relations Officer can accept only those petitions which (1) request decertification of the current recognized employee organization; and (2) do riot request to carve out another unit from the already established appropriate unit. The decertification petition may be accompanied by a recognition petition for that established appro- priate unit. Such accompanying recognition petition shall comply with 3.1.3 of this Rule. The Employee Relations Officer shall initially determine whether the decertification petition and accompanying recognition petition, if any, have been filed in compliance with the applicable provisions of this Rule. If the initial determination is in the negative, the procedures for initial negative determinations, as provided herein above shall apply. If the final determination of the Employee Relations Officer remains unchanged, the employee organization may appeal such final determination in accordance with the Rule. If the determination of the Employee Relations Officer is in the affirmative, or if his negative final determination is reversed on appeal to the City Council, he shall give written notice of such decertification petition and any accompanying recognition petition. to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification, and, if an accompanying recognition petition was duly filed, and in the event decertification of the incum- bent recognized employee organization is voted, the wishes of unit employees as to the questions of repre- sentation. Such election and the selection of the third party to conduct the election shall be conducted in conformance with this Rule above. -24- 3.1.9 Policy and Standards for Determination of Appropriate Units: The primary policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compati- bility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized com- munity of interests considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: (a) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. (b) History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. (c) Number of employees and classifications and the effect on the administration of employer-employee relations created by the proliferation of units. Notwithstanding the foregoing provisions of this section, management and confidential employees shall not be represented by a recognized employee organization that represents non-management employees of the City. The Employee Relations Officer shall, after consulta- tion with affected employee organization(s) , allocate new classifications or positions, delete eliminated classifications or positions from units in accordance with the provisions of this Rule. 3.1.10 Appeal Procedure: An employee organization aggrieved by an initial determination of the Employee Relations Officer that a Recognition Petition; Challenging Petition; or Decertification Petition, or employees aggrieved by an initial determination of the Employee Relations Officer that a Decertification Petition has not been filed in compliance with the applicable pro- visions of this Rule, may appeal to the City Council the initial determination by the procedures set forth herein, invoking and incorporated by reference in Rule 3.1.5 and Rule 3.1.8, hereof. 3.1.11 Impasse Procedure: Should a recognized employee -25- organization or the City's duly authorized repre- sentative declare that an impasse, as defined in Section 3.1.3(k) , exists during meet and confer sessions or over the interpretation of the Memo- randum of Understanding then in existence between the recognized employee organization and the City, the following procedure shall be followed for resolving the impasse: A. If the impasse relates to the interpretation or application of a currently existing Memorandum of Understanding, the parties shall follow the impasse procedures set forth in the existing Memorandum of Understanding. B. If the impasse relates to a matter not expressly covered by an existing Memorandum of Understanding or relates to matters within the scope of repre- sentation and evolves from meet and confer sessions for a new Memorandum of Understanding the parties shall utilize the following procedures: 1. Any procedure mutually agreed upon in writing by the parties provided either party is duly authorized to agree to such procedure. 2. By mediation through the Division of Conciliation of the State of California Department of Industrial Relations if either party requests the services of that agency. 3. By factfinding as set forth below, provided the parties have exhausted the mediation process set forth in 2 above and the mediator declares in writing to both parties that an impasse still exists as to any issue or issues which have not been resolved through mediation. 4. By the City Council where the issue or issues at impasse have not been resolved by any of the foregoing methods of resolu- tion listed in 1 through 3 above. 3.1.12 Procedures for Mediation and Factfindinq Impasse Resolution: The procedure for resolving impasses through mediation and factfinding shall be utilized in the following sequence: A. MEDIATION - Within seven (7) calendar days of the declaration of Impasse, either party may request the Division of Conciliation of the State of Cali- fornia Department of Industrial Relations to assign -26- a mediator to resolve the issues in dispute between the City and the recognized employee organization. Should the mediator declare in writing that an impasse continues to exist after meeting with the parties in an effort to resolve the issues at impasse, either party may request factfinding with recommendations to resolve the impasse. The cost of the mediator, if any, shall be shared equally by both parties. B. FACTFINDING - 1. Conditions and Time Limits for Factfindinq If either party requests factfinding with recommendations after mediation has been exhausted and the mediator has declared in writing that an impasse continues to exist on any issue, or issues, which were submitted to the mediator for resolution, then a fact- finder shall be selected in the shortest possible time not to exceed ten (10) days after the impasse has been declared in writing by the mediator unless the period of time is extended by mutual agreement. 2. Selection of Factfinder - (a) A factfinder shall be selected from a list of nine (9) factfinders obtained by the City from the Division of Conciliation of the State of California Department of Industrial Relations, or the American Arbitration Associa- tion. Upon receipt of the list the parties shall select a factfinder by alternately striking from the list until a single fact- • finder remains who shall become the fact- finder. (b) The priority of striking names shall alternate from one party to the other each time impasse procedures are invoked by the same parties. The employee organization or the City shall commence this process in an order determined by lot by striking the first name from the list of nine (9) factfinders in any initial factfinding. 3. Qualifications of the Factfinder - Any factfinder appointed thereunder must be qualified by being knowledgeable in employer employee relations in public employment. .4. Standards to be Used by the Factfinder - The factfinder shall use such standards as are customarily and traditionally utilized in the public sector by factfinders in resolving the issue or issues before the factfinder. -27- 5. Hearings and Proceedings Before the Factfinder - The factfinder shall hold such hearings and conduct such proceedings as may be necessary, but such hearings and proceedings shall be .. conducted in an expeditious and confidential manner with the involved parties only. The date(s) and time(s) for said hearings shall be determined by the factfinder in consulta- tion with the parties. 6. Rules for Hearing Before the Factfinder - The factfinder shall make such rules as may be necessary for the conduct of the hearings and proceedings to facilitate a recommendation. Said rules shall include an opportunity for both parties to make written and oral pre- sentations of their positions and the reasons therefore. 7. Factfinder's Confidential Report - The factfinder shall develop a confidential report and send such report to the parties within ten (10) days of the date of the con- clusion of the hearing. B. Distribution of Report - The report shall be made available to the City and the involved employee organizations in written form, and shall be presented to the City Council in an executive session. 9. Cost of Factfinding Each party shall be responsible for the costs incurred by the party in preparing their respective recommendations and in making their presentation to the factfinder. Costs of the factfinder shall be divided equally among the parties involved. 10. Written Record of Factfinding Hearings - Either party may request a written record of all proceedings and hearings of the factfinder. The cost of such record shall be borne by the party making such request. 11. Factfinder's Report Made Public - If an impasse still exists fifteen (15) working days after the submission of the factfinder's report to the City Council in executive session, said report shall be filed with the City Clerk and shall be made public at the discretion of the City Council. 3.1.13 Submission of Current Information by Recognized Employee Organization: Changes, if any, in the -28 • - information filed with the City by a recognized employee organization under items a through h of its Recognition Petition under Rule 3.1.3 hereof shall be submitted in writing to the Employee Relations Officer at any time upon request by the City. 3.1.14 Payroll Deductions on Behalf of Employee Organizations: Upon formal acknowledgement by the City of a recognized employee organization under this rule, only such recognized employee organization may be provided pay- roll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by recognized employee organization on forms which may be provided by the City. The pro- viding of such service to the recognized employee organization by the City shall be contingent upon and in accordance with the provisions of Memorandum of - Understanding and/or applicable administrative pro- cedures. 3.1.15 Employee Organization Activities Use of City Resources: Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memorandum of Understanding. 3.1.16 Administrative Rules and Procedures: The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this rule after consultation with affected employee organizations. 3.1.17 Construction: This Rule shall be administered and construed as follows: (a) Nothing in this Rule shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law. r (b) This Rule shall be interpreted so as to carry out its purposes as set forth herein. 3.1.18 Management Rights: Nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include but are not limited to the following: (a) To exercise complete control and discretion over its organization and public functions and responsi- bilities. -29- (b) To determine the mission of its constituent departments, boards and commissions. (c) To de !rmine budgets and appropriations and set r. licipal fees and c: .rges. (d) To determine the merits, necessity and nature of service provided. (e) To determine the schedules, methods, means and personnel by which government operations are to be conducted. (f) To direct the employees, including the right to allot and assign work and to hire, promote, demote, or transfer any employee. (g) To determine 'the policies and procedures affecting recruitment, selection and training of employees. (h) To establish job classifications and the size and composition of the work force. (i) To establish standards of employee performance and the procedures and the methods used in evalu- ating such performance. (j) To establish and ensure adherence to safe work practices and to take measures to ensure a safe work environment. (k) To take appropriate disciplinary actions. (l) To relieve employees from duty due to lack of work or for other legitimate reasons. (m) To take any and all actions necessary to.carry out its public functions and responsibilities in an emergency. (n) To contract or subcontract any service or project with any other public or private entity.