HomeMy WebLinkAbout06/06/1989, C-7 - IMPLEMENTATION OF AN AGREEMENT WITH THE POLICE AND FIRE ASSOCIATIONS MEETING DATE:
IIIh��bIIIIVIIIIIII��IIIII���I City Or Sart LUIS OBISPO June 6, 1989
COUNCIL AGENDA REPORT
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FROM: Toby Ross, Assistant City Administrative Officer
SUBJECT: Implementation of an agreement with the Police and Fire associations
CAO RECOMMENDATION: Adopt resolutions approving amendments to the Employer-Employee
Resolution and Memoranda of Agreement and pass-to-print amendments to the Personnel
Rules and Regulations
BACKGROUND:
After months of discussion, representatives of the City, the Police Officers'
Association (SLOPOA) and Firefighters' Association (SLOFA) reached agreement on an
alternative to binding interest arbitration. The agreement specifies that the City
will amend appropriate resolutions, ordinances and agreements to provide for:
1. Mediation
2. Fact-finding
3. Professional Settlement Panel
4. Hearing Officer for grievance (final) and discipline (advisory)
5. Communication process
6. Early reopening of negotiations with the Firefighters' Association
Further, this agreement cannot be an issue during the next negotiations with SLOFA
^� except by mutual consent. In turn, the associations cannot seek or encourage
legislative action requiring binding interest arbitration which would affect the
City except as provided in the Employer-Employee Resolution.
Minor changes to the definition of "grievance" will apply to all employee
associations. Other changes apply only to SLOFA and SLOPOA.
The City met and consulted with other employee associations to explain the
agreement, answer questions and solicit input. Only the Police Supervisors
Association asked that the provisions for negotiation, grievance and discipline
apply to them. This is not recommended at this time, primarily because it could
delay implementation of the agreement with SLOFA and SLOPOA. The City is now
prepared to fully implement the agreement.
SIGNIFICANT IMPACTS:
The amendments affect procedures for collective bargaining, grievances, discipline,
and overall employee relations for SLOFA and SLOPOA. After an initial period of
uncertainty, the procedures are expected to productively serve the City and
associations. Early reopening of negotiations with the firefighters may result in
higher labor costs for up to six months.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION:
The City has already agreed to implement these amendments. Failure to adopt the
provisions could jeopardize recently improved relations with SLOFA and SLOPOA, could
delay negotiations with SLOFA and could lead to confusion regarding procedures for
"grievance" and discipline.
���n�►n►►��uIIIIIIIIIP II�III city Of San ]UIS OBISp0
WMIGe COUNCIL AGENDA REPORT
ATTACHMENTS (CHANGES ARE UNDERSCORED) :
1. Amendments to Employer-Employee Resolution
2. Amendments to Personnel Rules and Regulations
3. Resolution amending SLOFA and SLOPOA memoranda of agreement
4. Employer-Employee Resolution (Revised) in Council Reading File
RE:ch/tobymemo
1 L E G I S L A T I V .E _ DR A F T
CI'T'Y OF SAN LUIS OBISPO
RESOIUTICK NO. (1989 SERIES)
A RESOIi Off OF T!E CITY OF SAN LUIS OBISPO
Fes,PART rSF7TN[� THE FRAMEWORK FOR FUMRE RELATIONS
EEMMN TME CITY OF SAN IRIS OBISPO, AS AN
DTLOYER, AND ITS MMDYEFS, AND SUgWEDING
RESOLUTICN NO. 3405 (1977 SERIES) .
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TABLE OF C31TE? S _
SECTION TITLE PAGE
1 TITLE OF RESOIUPICN 1
2 STATEMENT OF PURPOSE 1
3 GNATION OF N miar-FAL E 1TOYEE RELATIONS OFFICER 1
4 LSF' NITIONS 1
5 EMPLOYEE RIGHTS 5
6 CITY RIGS 6
7 Mr AND CONFER IN GOOD FAITH - SCOPE 6
8 CONLSCM%& ICN IN GOOD FRIM - SCOPE 7
9 ADVANCE NOTICE 7
10 PETITION FOR RECOGNITION 8
11 APPROPRIATE UNIT 11
12 RECOGNITION OF EMPLOYEE ORGANIZA QNS AS MAJORITY 12
VE - FaOML RECOGNITION
13.1 RESOID'TION OF IMPASSES 14
13.2 REAaiING AGREEMENT 15
14.1 GPIEVANCES 22
14.2 DISCIPLINE ACTION-APPEAL 24
is MEM13RANDM4 OF AGREEMENT 24
16 EMPLOYEE RATION AT MEET AND CMUM 25
17 ACCESS TO WORK STATIONS 25
18 USE OF CITY FACILITIES 26
19 BULLE'T'IN BOARDS 26
20 DUES CHECK OFT' 27
21 PEACEFUL PERFCHWCE OF CITY SE RV`ICES 27
22 RULES AND R]EU ATIONS 29
i
23 UCTICN 29
24 cFanunurr,rry � 29
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H. Mm3loyee.. Professional - means employees engaged in work requiring
specialized knowledge and 'skills attained through completion of a
recognized bourse of,instruction, including, but riot limited to,
attorneys, engineers and architects.
I. Employee Organization - means any organization which includes employees
of the City and which has as one of its primary purposes repressor* ng
such employees in their employment relations with the City.
J. Fmplover-Emlovee. Relations - means the relationship between the City
and its employees and their employee organization, or when used in a
general sense, the relationship between City management and employees
or employee organizations.
K. Grievance - as this term is defined in section 14.1(A) .
L. arse - means:
(1) a deadlock in the discussions between a majority representative
and the City over any matters concerning which they are required
to meet and confer in good faith, or over the scope of such
subject matter, and differences that remain are so substantial and
prolonged that further meeting and conferring would be futile; or
(2) any unresolved plaint by an affected employee organization
advanced in good faith, concerning a decision of the Municipal
Employee Relations Officer made pursuant to Sections 10, 11, or 12
of this Resolution.
M. Majority Resentative - means an employee organization, or its duly
authorized representative, that has been granted formal recognition by
the NL=cipal Employee Relations Officer as representing the majority
of employees in an appropriate unit.
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Q. Peace Officer - shall mean and include those employees defined as peace
officers by the Penal Code.
R. Recognized Employee organization - means an employee cuga*+;zation which
has been formally acknowledged by the Municipal Employee Relations
Office as the employee or orgmuzaticn that represents employees of the
City,, as provided elseAiere in this Resolution.
S. Resolution - means, unless the context indicates otherwise, the
Employer-Mqpl.oyee Relations Resolution of the City of San Luis Obispo.
T. Scope of Representation - means all mattPss relating, to employment
conditions arra employer-employee .relations, including, but not limited
to, wages, hours and other terms and conditions of employment, City
Rights (Section 6) are excluded E the scope of representation.
U. SIAFA - means, San Luis Obispo Firefighters' Association.
V. SIDPOA - means, San Luis Obispo Police Officers' Association.
SECTION 5. EMPIAYEE RIGHTS
Employees of the City shall have the right to form, join and
participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of
employe -4mplcyee relatians including but not limited to, wages, hours and
other terms and conditions of employment. Employees of the City also shall
have the right to refuse to join or participate in the activities of
employee organizations and shall have the right to represent themselves
individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated
against because of the exercise of these rights.
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SECTION 6. CITY RIGHTS
The rights of the City include, but are not-limited to, the exclusive
right to determine the mission of its constituent ��tents, omissions
and boards; set standards of service; determine the procedures and
standards of selection for employment and promoticn; direct its employees;
take disciplinary action; relieve its employees from duty because of lack
of work or for other legitimate reasons; maintain the efficiency of
gava**+"+a*+tai operations; determine the methods, means and personnel by
which goverment operations are to be conducted; determine the content of
job classifications; take all necessary actions to carry out its mission in
�mgencies; and exercise complete control arra discretion over its
organization and the technology of performing its work.
SECTION 7. MEET AND CONFER IN GOOD FAITH - SODPE
A. The City, through its representatives, shall meet and confer in good
faith with representatives of formally recognized employee
organizations with majority representation rights regarding matters
within the scope of representation including wages, hours and other
terms and conditions of employment within the appropriate unit.
B. The City shall not be required to meet and confer in good faith on any
subject except as required by Federal or State law, nor shall it be
required to meet and confer in good faith on Employee or City Rights as
defined in Sections 5 and 6.
C. With respect to the San Luis Obispo Police Officers Associatian
(SIDPOA) and the San Luis Obispo Firefighters Association (SI.OFA) only
�, and consistent with the Meyers-Milias-Broom Act, and the intent of the
CC�
City and the Employee Organizations, meet-arid-confer, mediation,
fact-finding and settlement panel discussions between the two parties or
their agents shall be confidential. It is permissible, within the intent
of confidentiality, for the representatives of the City to meet with the
City and for the representatives of the Employee Organizations to
meet with their Board of Directors or m ersh;p. It is not permissible
for representatives of either the City or the Employee Organizations to
discuss the content of the meet-ani-confer, mediation, fact-finding or
settlement Panel discussions with members of the public or media except as
Provided in this EmployW-&Plcyee Resolution.
SECTION 8. GOOD FAITH - SCOPE
All matters affecting empleyer-emplcyee relations, including those
that are riot subject to meeting and conferring, are subject to
consultation. The City, through its representatives, shall consult in good
faith with representatives of all recognized employee organizations on
employer-employee relatians matters which affect them.
SECTIM 9. ADVANCE NOTICE
Written notice shall be given to each recognized employee organization
affected a minim= of 14 calendar days prior to adoption of any ordinance'
rule, or resolution or regulation directly relating to matters within the
scope of rePrespntation proposed to be adopted by the City Council or by
any board or ccmmssicn of the City, and each shall be given the
cPPortnity to meet with such body prior to adoption.
the unit in which the election is held (50% plus 1 of the votes of all
eligible employees)
D. The Mtmicipal Employee Relations officer shall withdraw the recognition
riots of any recognized employee organization which has been found by
secret ballot election to no longer represent a majority of the
employees in an appropriate unit.
SECTION 13.1 F==CN OF n6 SSES (except SMPOA and SLOFA)
procedures may be invoked only after the possibility of
settlement by direct discussion has been exhausted. The impasse procedures
are as follows:
A. A DEMERM=CN BY ME CPI'Y O0[WCIL - after a hearing on the merits
of the dispute.
I
B. Any other di Aute resolving procedures to which the parties
mutually agree or which the City Camci.l may order. Any party may
initiate the masse procedure by filing with the other party (or
parties) affected a written request for an imp meeting together
with a statement of its position on all disputed issues. An
impasse meeting shall then be schechi ed to be held in executive
session by the M ici a Employee Relations Officer forthwith after
the date of filing of the written request for such meeting, with
written notice to all parties affected. The purpose of such
impasse meeting is twofold: (1) Tb permit a review of the
position of all parties in a final effort to reach agreement on the
disputed issues, arra (2) if agreement is not concluded, to m,tu& y
select the specificimpasse procedure to which the dispute shall be
submitted: in the absence of agreement between the parties on this
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point, this matter shall be referred to the City Council. The
fees and expenses, if any, of mediators. or of any other
procedure, shall be payable one-half by the City and one-half by
the employee organization or employee organizations.
SECTION 13.2 RE QM4G AG2EEMU (only applies to SIOPOA and SIM)
A. Statement of Intent
It is the intent that:
(1) Employee Organizations arra City representatives amply with the
State law (Meyers-Milias-Brown Act) requiring City and Fmployee
organization representatives to "meet-and-confer in good faith"
and to meet as necessary to present respective positions, to
resolve differences arra to reach agreement (Memorand mi of
Agree�)
(2) The substance arra progress of the meet-and-confer process and
other resolution measures be trxism tted by City and Employee
organization representatives to, respectively, the City council
arra the Board of Directors and the meharship of the Employee
Organizations.
(3) Agreement be reached through the meet-and-confer process, and that
other resolution measures be used only after giving every
reasonable opportunity for resolution throxgh meet-and-confer
process.
(4) Each successive stage of this process for reaching agreement be
given a full and honest opportunity to resolve differences and to
produce agreement and, failing that, to reduce the scope and �1
number of issues which would be referred cn to the next stage, and
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farther, that each successive stage only deal with issues not
resolved by the meet-and-mnfer process or by earlier stages in
the procedure.
(5) Agreement be reached in the minimum time and that time limits be
ri9ox+cusw adhered to, exm pit that any time limit in this
resolution may be extended by mutual consent, in writing when the
prospect for timely agreement would be enhanced by such an
extension.
(6) The content and substance of the meet-and-confer process and other
resolution measures remain private and confidential, except as
provided in this resoluticn.
B. Request for Mediation
Mediation may be requested only after the possibility of settlement by
direct discussion has been exhausted. If so mediation may be requested
in either of two ways:
(1) By mutual agreement of both parties in the negotiations. Each
party shall provide to the other a list of all points of
disagreement, and their position on each of the points. Meeting
shall then be scheduled promptly with the Employee Relations
Officer (City Administrative Officer) .
(2) By providing written Notice of Intent ("Notice") to request
mediation. Such notice shall include a list of all points of
disagreement and the ame* merits proposed to resolve the
disagreemerit_s.
!:[he party receiving the Notice shall have one
10-day period to age its position on any points of
disagreement. If. notioe of change is nat received within the 10
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days or if arty issues) remains unresolved, a meeting shall then
be scheduled pzaqptly with the Employee Relations Officer.
C. Meeting with Employee Relations Officer (ERO)
(1) The ERO shall convene a meeting between the chief negotiator for
the employee organization, one other representative of the
employee crganizaticn, the ERO arra one other entative of.the
City.
(A) To review the position of the parties in a final effort to
reach agreement or reduce the points of disagreement, and
(B) If agreement is not reached, to make arrangements for the
utilization of the mediation procedures provided herein.
D. Mediation
Following the meeting with ERO, only the disputed issues shall be
submitted to mediation. The mediator shall be selected frm the State
Mediation and Conciliation Service by mutual consent. All mediation
proceedings shall be private and confidext;ai and the mediator shall
make no public raoamnendation nor take any public position at any time
mz' acem� the issue. Any fees or expenses of mediation shall be
payable one-half by City and ane-half by the employee organization.
All other expenses shall be borne by the party incurr;,m the .
E. Terminating Mediation
1. After no less than 10 days, mediatich may be to inated only when
at least two of the following agree in writing that there is no
reasonable prospect of reaching a settlemw t through the mediation
per=
(A) Chief negotiator of the employee argan=ation
(B) Chief. negotiator for the City
(C) Mediator
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2. Mediation shall be terminated if agreement has riot been reached in
3o days.
3. At the termination of mediation, the mediator shall submit a
written report of the mediation to the parties for use by the
Fact-finder.
F. Fact-Finding
1. If mediation fail to resolve any issues, then only those
unresolved issues shall. be referred to "fact-furling." A list of
five potential Fact-finders shall be obtained fry the State
Mediation arra Conciliation Service. Then following a random
determination of which party begins, parties shall alternately
strike one name from the list until only one remains.
2. Each party shall submit in writing its position on each unresolved
issue and its last offer of settlement seventy-two hours prior to
cc menciM Fact-finding. After due consideration, the Fact-finder
shall select the position of one party on .each issue using factors
traditionally taken into consideration in determination of wages,
hours and other terms arra conditions of employment in the public
sector including but not limited to:
A. State and Federal laws applicable to the employer.
B. Changes in the consumer price index (all urban consumers - Ins
Angeles, Long Beach, Anaheim) .
C. Stipulations of the parties.
D. The financial co-iditien of the City and its ability to meet the
cost of the award.
E. The wages and benefits of similar c=u iities or organizations.
F. Previous Memoranda of Agreement with the employee organization.
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G. Zhe interest and welfare of the public and employee.
H. Zhe Eaplcyer-Employee Resolution.
I. Issues previously agreed to during the current meet-arra-confer
and mediation process.
J. Past practice with respect to the issu before the
Fact-finder.
3. Within 10 days of mincing fact-firrling, reo®endations of the
Fact-finder shall be reported in writing at a meeting of
representatives of the City and the employee organization.
Additionally, the fact-finder shall determine the eligibility of
issues for consideration by a Settlement Panel ("G" below) .
4. Fach party has 10 days to accept, reject or propose alternatives to
recommendations of fact-finding. Any recommendations or
alternatives not accepted by both parties within 15 days of the
Fact-finder reporting the recommendations will be presented to the
City Council. The City Council may accept or reject any
recommendation. Any recommendation of the fact-finder or the
employee orgwu zaticn accepted by the City Coabcil shall be
considered resolved. All proceedings and r "'immendaticns of
fact-finding skull be private and confidential. If findings are
accepted or issues are otherwise resolved any fees or expenses
shall be payable one-half by the City arra one-half by the employee
organizations. If not, the City will pay all fees and expenses of
the Fact-finder.
G. Settlement Panel
Issues remaining unresolved fallowing fact-finding which directly deal
with articles of any current City MM (or prior or 1DA for the empl
i
organization, if empired) Otcept IMMlcyee Rights" or "City
(management) Rights" as contained in the applicable IDA may be taken to
professional Settlement Panel acooniing to the following process:
1. Me Employee Organization may request that an eligible issue be
taken to the Settlement Panel by clearly stating its request in
writing. The position may be the same as previously taken or one
closer to the other party's. In no case can the position request
more than the most recent proposal.
2. If the Employee Organization modifies its position on any issue,
the City shall have one ten-lay period to agree to or reject the
proposed position or present a written counter proposal only on the
modified issue(s) .
3. If the Employee Organization does not modify its position, or if a
counter proposal is not Presented by the City, or if the counter
proposal is refected within 10 days then the unresolved issues
shall be referred to a professional Settlement Panel. Each party
shall submit to the Settlement Panel, in writing, its established
position on each unresolved issue including any counter proposal.
4. A list of seven panelists shall be obtained from the state
Mediation and Conciliation Service. Then following a random
determination of which party begins, parties shall alternately
strike one name from the list until only three remain.
5. The Settlement Panel shall select the positions of one party on
each unresolved issue using factors traditionally taken into
consideration in determination of wages, hours and other terms and
conditions of employment in the public sector including but not .
limited to:
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(A) State and Federal laws applicable to the employer.
(B) Changes in the consumer price index. (all urban consumers - Los
Angeles, Icng beach, Anaheim) .
(C) Stipulations of the parties.
(D) The financial condition of the City and its ability to meet
the cost of the award.
(E) The wages arra benefits of similar oom amities or
organizations.
(F) Previous Memoranda of Agreement with the employee
organization.
(G) The interest and welfare of the public and employees.
(E) The Fhployer-Employee Resolution.
(I) Issues previously agreed to during the current -
meet-and-amfer, mediation and fact-finding process.
(J) Past practice with respect to issues before the Settlement
Panel.
7. These findings shall be reported within 10 days, in writing, at a
meeting of representatives of the City and the employee association
at which time alternatives to the findings may be discussed. The
City Administrative Officer and Chief Negotiator for the employee
organization shall jointly prepare a letter transmitting the
findings to the City Council.
8. If the findings cm3pletely sustain one party and issues are not
otherwise resolved, the other party shall pay all fees or expenses
of the Settlement Panel. If the findings sustain. each Ply on at
least one issue then the. parties .shall pay fees or expenses in
Mmportion to the number of issues on which they
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sustained. If the issues are otherwise resolved any fees or
expenses shall be payable one-half by City and one-half by the
employee organization. All other expenses shall be borne by the
party inuring the egmnses.
9. If findings are not accepted or otherwise resolved:
(A) The findings will be made public.
(B) The employee organiza*ien will m lorxler be bound by any
agreement not to sponsor, support or collect signatures for a
charter a m%bient requiring binding interest arbitration.
SECTION 14.1 GRIEVANCES
A. A grievance is an alleged violation, misinterpretatian or
misapplication of the Employer-Empleyee Resolution, the Personnel Rules
and Regulations, any memcrardm of agreement with an employee
association or any existing written policy or procedure relating to
wages, hours or other terms and conditions of employment excluding
disciplinary matters.
B. Any emplayee may file and process a grievance by providing the time,
nlce and of the action prompting the grievance.
Employees may be acoompanied by a representative at each step of the
process. If a specific action to be grieved affects several employees,
those employees may consolidate their grievances and be represented.
C. Provided that implementation processes are correctly followed, amending
the Employer-Employee Resolution or the Personnel Rules and Regulations
or creating new or amended written policies or procedures may not be
grieved but shall first be subject to notice and consultation or
meeting and conferring with the Employee Organization as provided in
Sections 7, 8 and 9 in this resolution or by State law. /f —
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D. The grievance procedures sball be outlined in the Personnel Rules and
Regulations.
E. Rules and Procedures for the SIDPOA and SIDFA only:
1. Any dispute regarding the eligibility of an issue for the grievance
process may be appealed through the process ultimately to the
Hearing officer who shall decide on the eligibility prior to ruling
on the merits.
2. A grievance is appealable, following several preliminary steps, to
a Hearing Officer whose decision shall be final. A list of five
potential hearing officers shall be obtained f:z= the State
Mediation and Conciliation Service by wtual ccnsent. Mien
following a random determinatim of which party begins, parties
shall alternatively strike one name fry the list until only one
remains. ane grievance procedure shall be outlined in the
Personnel dales and Regulations.
3. Any fees or expenses of the Hearing Officer shall be payable
one-half by the City and once-half by the appellant. All other
expenses shall be borne by the party incurring ng the expense.
4. The City reserves the right to make the Hearing Officer's opinion
advisory or to replace the Hearing Officer position in the
grievance process with the Personnel Hoard for an Employee
Organization after July 1993 provided that:
a. The Hearing Officer has ruled on at least five separate
grievances for the Employee Organization; and
b. The City has been sustained in at least 6s percent of the
determinations on grievances filed by members of the &Vlvyee
organization.
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SECTION 14.2 DZXXKIl M ACTICH APPEAL (only applies to SIDPOA and SLOFA)
A. Any employee demoted, suspended for four days or more or the shift
equivalent, reduced in pay, or removed under•the provisions of Section
2.36.330 of the Personnel IWIes and Regulations shall have the right to
appeal such disciplinary action to a Hearing Officer. The appeal shall
be in writing arra shill be filed with the Pers=ml Director within
fifteen business days follmiM the effective date of the notice of
decision on disciplinary action. The Hearing Officer shall be selected
fncmm a list of five names obtained from the State Mediation arra
Conciliation;ation Service. Following a random dPtprm;*+ati on of which party
begins, parties shall alternately strike one name Errol the list until
only one remains.
B. The appeal procedure including a Hearing Officer shall be outlined in
the Personnel Boles arra Regulations. Any fees or expenses of the
Hearing Officer shall be payable one.-half by the City and one-half by
the appellant. All other expenses shall be borne by the party
incurring the expense.
C. The City reserves the right to replace the Hearing Officer in the
appeal procedure with the Personnel Board after July 1993.
SECTION 15. MENMRANDM OF AGREEMERI'
When the meeting and conferring process is concluded between the City
and a formally recognized employee organization representing a majority of
the employees in an appropriate unit, all agreed upon matters shall be
;> rated in a written memorandum of agreement, signed by the duly
authorized City and majority representative. As to those.matters within
the authority of the City Council, the memorandum) of agreement shall be
shitted to the City Council for determination.
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Resolution No. (1989 Series)
On motion of. seonded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the faregoing Resolution was passed and adapted this day of
1989.
NAYOR
ATT'E'ST:
QTY CLERK
APPROVED:
CITY OFFICER CrTY A71pE24Ly ,
Ca
f7,CE DIRECIOR PERSCNNEL DIRECTOR
SIAPf]A , SLOFA 1
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RESO=CN NO. (1989 SERIFS)
A RE.SO=CN OF ME COUNCIL OF = CPTY OF SAN LUIS OBIM
AMENDING MEMM OF ACFtEEN= BETWEEN 'IIS CITY OF SAN IUIS
OBISPO (CITY) AND THE POLICE OFFICERS ASSOCIA!= (SLOPOA)
AND THE FIlWIGU RS ASSOCIATION (SIAFA) .
M=Z, in March 1989, the City agreed with SIDPQA and SIAFA to amend
agreements to improve communications and provide for early renegotiation of the
Memorandum of Agreement with SIDFA, and
MMUAS, SIDPOA arra SIDFA agree that their mti vdb , officers arra
agents shall do nothing to seek or encourage legislative action requiring
binding interest arbitration which would affect the City, except as provided in
the Employer-Employes resolution, and
WFIERFAS, other changes to the Memoranda of Agreement are required to
make them oansistent with the March 1989 agreement.
NOW 'THEEUDX E, the Council resolves as follows:
1. Communication Process (Replaces Article 7 in SLOFA MDA; New Article 37 in
SIDPOA NDA)
A. Monthly Conferences
There will be a monthly meeting betwepm the department head and
management member(s) and at least two (2) association representatives
to discuss problems or other subjects of mutual interest. Minutes of
the meeting will be maintained to reflect topics discussed, actions to
betaken, the party responsible for any action and the emoted
completion date.
B. Quarterly Meetirrrs
TWo to four representatives of theassociation, the City
Administrative Officer (or designee) , department head (or designee) ,
and management representative(s) designated by the City will meet
quarterly if there are issues of concern to the parties. No issues
_ will be brought to this.quarterly meeting without first having been
discussed with the department head at a scheduled monthly conference.
Resolution No. (1989 Series)
2. Renegotiations (New Article 33 SIDFA MOA; Replaces Article 35 SIDPOA POA -
"A" only)
A. If either party wishes to make changes to this agreement, that party
shall serve upon the other, its written request to negotiate, as well
as its initial proposals for an amended Agreement. Such notice and
proposals must be submitted to the other party no more than 135 days
nor less than 105 days prior to the end of the Agreement. If notice
is properly and timely given, negotiations shall ccmnnice no latex
than 90 days prior to the errs of the Agreement.
B. Not withstanding the above schedule, the Firefighters Association may
request to negotiate in Mme, 1989 by submitting a written notice and
proposals for an amended agreement. If notice is properly and timely
given, negotiation shall ccm nmm no later than M ly 15, 1989 with the
intent of reaching and implementing an agreement as soon as possible.
3. S Grievance Pzweftm POA (Replaces Article 8 SIDFA MM, Replaces Article 29
A. A grievance is an alleged violation, misinterpretation or
misapplication of the Employer--Employee Resolution, the personnel
Riles and Regulations, any memmwit mt of agreement with an employee
association or any Masting written policy of procedure relating to
wages, hours or other terms arra conditions of employment e=luding
disciplinary matters..
B. Any employee may file and process a grievance by providing the time,
place and circumstances of the action prating the grievance.
Employees may be acocupanied by a representative at each step of the
process. If a specific action to be grieved affects several
employees, those employees may oonsolidate their grievances and be
represented-
C- Provided that implementation processes are correctly followed,
amesyding the EMP10TIer-Employee Resolution or the Pexscnnel Riles and
Regulations or creating new or aMerxied written policies or procedures
may not be grieved by('shall first be subject to notice and
consultation or meeting and conferring with the Employee Organization
as provided in Sections 7, 8 and 9 in this resolution or by State
laws.
D• The grievance procedures shall be outlined in the Personnel Rules arra
Regulations.
E. Any dispute regarding the eligibility of an issue for the grievance
process may be appealed through the process ultimately to the Hearing
Officer who shall decide on the eligibility prior to ruling on the i~ i
merits.
(f--?
Resolution No. (1989 Series)
F. A grievance is appealable, following several preliminary sem, to a
Hearing Officer whose decision shall be final., A .list of five
potential hearing officers shall be stained from the State Mediation
and Conciliation service by mutual amsent. Zhen following a random
determination of which party begins, parties shall alternately strike
one name from the list. until only one rains. Thegrievance
procedure shall be outlined in the Personnel Rules and Regulations.
Any fees or expenses of the Hearing officer shall be payable one-half
by the City and one-half by the ap�e71ant. All other expenses shall
be borne by the partyrxursiryg the expense.
G. The City reserves the riot to make the Hearing Officer's opinion
advisory or to replace the Hearing Officer position in the .grievance
process with the Persanel Board .for an Employee Organization after
July 1993 provided. that:
1. The Hearing officer has ruled on at least five separate
grievances for the Fmployee Organization; and
2. 'Ile City has been sustained in at least 65 percent of the
determinations on grievances filed by members of the Employee
organization-
on motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,
1989.
MAYOR.
ATI=:
CITY CLERK
Resolution No. (1989 Series)
APPROVED:
CITY OFFICER CITY ATIORM
r
LICE CHIEF FIRE CHIEF
X�zz lu,w6kfl
,e�iMEiE DIR!XaM PERSONNEL DIRECIUR
S POA
srnFA
CORDINANCE NO. (1989 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
CHAPTER 236 OF THE MUNICIPAL CODE, PERSONNEL
RULES AND REGULATIONS
WHEREAS, in March, 1989 the City agreed with the San Luis Obispo
Police Officer's Association (SLOPOA) and San Luis Obispo Firefighters'
Association (SLOFA) to institute changes in procedures for grievance and
discipline.
WHEREAS, SLOPOA and SLOFA agreed not to seek or encourage legislative
action requiring binding interest arbitration affecting the city except as
provided in the Employer-Employee resolution.
Now, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Amendments to chapter 236, Sections 236.310 - 236.360
(Disciplinary Action and Grievance Procedures) as shown on attached
Exhibit "A" incorporated herein by reference, are hereby approved.
SECTION 2. A summary of this ordinance, approved by the City
Attorney, together with the Council votes for and against, shall be
published at least five (5) days prior to its final passage in the
Telegram Tribune, a newspaper published and circulated in this city. This
ordinance shall go into effect at the expiration of thirty (30) days after
its final passage. A copy of the full text of this ordinance shall be on
file in the office of the City Clerk on and after the date following
introduction and passage to print and shall be available to any interested
member of the public.
INTRODUCED by the Council of the City of San Luis Obispo, at its
meeting held on the day of 1989 on motion and on the following
roll call vote:
AYES:
NOES:
ABSENT:
MAYOR RON DUNIN
ATTEST:
PAM VOGES, CITY CLERK
(;City
ROVE
•
inistrative Officer
Acting City Attorney C —�
C
2.36.340 Disciplinary action -- Right of Appeal
A. Any employee (except employees represented by the police officers
[SLOPOA] or firefighters' [SLOFA] associations) demoted, suspended for more
than five days or the shift equivalent, reduced in pay, or removed under
the provisions of Section 2.36.330 shall have the right to appeal such
disciplinary action to the personnel board. The appeal shall be in
writing and shall be filed with the personnel director within fifteen
business days following the- effective date of the notice- of decision on
disciplinary action.
B. Any employee represented_ by S_LOPOA or SLOFA who is demoted,
suspended for four days or more or the shift equivalent, reduced in pay,
or removed under the provisions of Section 2.36.330 of the Personnel-Ru
and Regulations shall have the right to appear such disciplinary action to
a hearing officer. The appeal shall be in writing and shall be filed with
the personnel director within fifteen business days-following the
effective date of the notice of decision on disciplinary action.
C. Any employee suspended for five days or less (less than four days
for employees represented by SLOPOA or SLOFA) under the provisions o
Section 2.36.330 shall have the right to appeal such disciplinary action
to the city administrative officer. The.appeal shall be in writing and
shall be filed with the city administrative officer within. fifteen.
business days following the effective date of the notice of decision on
disciplinary action. The city administrative officer shall meet with the
disciplined employee if requested by the employee and conduct such
investigations he deems necessary. His written decision shall be final
and shall be delivered or mailed to the employee within twenty business _-
days of the filing of the appeal. l
D. There shall be no right for any employee to appeal a reprimand or
for a probationary employee to appeal any disciplinary action. (Prior
code section 2706.2)
2.36.350 Disciplinary action -- Hearings.
A. Date. Within five business days of receipt of an employee appeal
(except an employee represented by the police officers' [SLOPOA] or
firefighters' [SLOFA] associations) under section 2.36.340A, the personnel
director, following consu Cation with the chairperson of the personnel
board, shall set a date and time for a hearing before the personnel board.
B. Date. Within five business days of receipt of an employee appeal
from an employee represented by SLOPOA and SLOFA under Section 2.36.340B,
the personnel director shall obtain from the State Mediation and
Conciliation Service a list of five potential hearing officers._ Following
a random determination of which party begins, the parties (City and
appellant) shall alternately strike one name trom the list untlon y one
remains. The personnel director shall then set a date and time for a
hearing before the hearing officer..
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07
I
C. Notification. When a hearing on any disciplinary action is to be
heard, the personnel director shall notify the employee requesting the
hearing and the appointing authority from whose action the appeal is being
� } taken, of the date, time and place of the hearing.
D. Public or Closed Hearing. The hearing may be public or closed, at
the employee's option.
E. Appearance, Representation, Witnesses, Conduct of Hearing.
1. The employee requesting the hearing shall not be required to
appear at the hearing; provided, however, that the city shall_ have the
right to call as a witness and examine the employee requesting the hearing
as if under cross-examination.
2. The employee may be represented by any person, including a
representative of a recognized employee association.
3. Unless otherwise mutually agreed upon by the employee and the
city's representative, during the hearing any witnesses to be called by
either the employee or the city shall be excluded from the hearing room
unless actually testifying. Provided, that the employee and city each may
designate a person, who shall not besubject to exclusion who has
investigated the matter at issue in the hearing and whose assistance
during the hearing is necessary to the efficient conduct of the hearing.
4. The hearing shall be presided over by the chairperson of the
personnel board or the chairperson's designated representative on the
board (hearing officer for employees represented by SLOPOA and SLOFA) .
i
S. The hearing need not be conducted in accordance with technical
rules relating to evidence and witnesses, but the hearing shall be
conducted in a manner most conducive to determination of the truth. Any
relevant evidence shall be admitted if it is the sort of evidence which
responsible persons are accustomed to rely on in the conduct of serious
affairs, regardless of the existence of any common law or statutory rule.
which might make improper the admission of such evidence 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 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 shall be excluded. Decisions made by the personnel
board or hearing officer shall not be invalidated by any informality in
the proceedings, and the personnel board shall not be bound by technical
rules of evidence.
6. The personnel board or hearing officer shall rule on the admission
or exclusion of evidence and application of other rules of law with the
assistance of its legal advisor..
7. The hearing shall proceed in the following order unless the
personnel board otherwise directs:
a. City's representative and the employee may make opening
statements;
C - '��
b. City's represencative shall present evidence in�Vupport of city's
position; employee may cross-examine city's witnesses;
c. The employee may present evidence in his/her own behalf; city's
representative may cross-examine the employee's witnesses;
d. Both the'city's representative and the employee may then present
rebuttal evidence, unless the personnel board or hearing officer for good
reason permits additional evidence upon the original cases
e: City's representative and the employee may make closing arguments.
S. Each party may impeach any witness regardless of which party first
called the witness.
9. No still or moving photography or pictures of any kind shall be
taken in the hearing room during the hearing.
10. Prior to or during a hearing the personnel board or hearing
officer may grant a continuance for any reason it believes to be important
to its reaching a fair and proper decision.
11. Upon conclusion of the hearing the personnel board may deliberate
its decision in executive session. No persons other than members of the
personnel board shall participate in the deliberations; provided, that the
board may request the attendance of its legal advisor for the sole purpose
of rendering legal advice.
F. Action
1. No later than twenty calendar days following conclusion of the
hearing, the personnel board or hearing officer shall prepare findings and
recommendations for submission to the council.
2. At a minimum, the personnel board or hearing officer shall find
whether the city has substantiated the charges in support of the
disciplinary action. It shall base its findings on the preponderance of
the evidence. Findings shall be made as to each charge. if the personnel
board or hearing officer finds that none of the charges are supported by
the evidence presented, the recommendation shall be that no disciplinary
action be taken. If the personnel board or hearing officer finds that any
or all of the charges are supported, it shall either:
a. Recommend that the imposed disciplinary action be carried out:
b. Recommend such other disciplinary action deemed appropriate under
the circumstances; or
c. Recommend that no disciplinary action be taken.
a 1
� r 1
3. The personnel board or hearing officer findings and
recommendations shall be filed as a permanent record with the personnel
director. The personnel director shall deliver a copy of the findings and
recommendations to the council, the employee, the city clerk, the city
administrative officer, and to the appointing authority from whose action
the appeal was taken.
.G. Council Action.
1. The council shall review the findings and recommendations and the
record of the hearing. The council shall then determine whether the
disciplinary action imposed by the appointing authority is proper, and
shall make appropriate findings. If it is determined by the council that
the action of the appointing authority is proper or that other action is
proper, the employee shall be notified in writing of the findings and
order, and no further action shall be necessary. If it is determined that
no discipline shall be imposed the action shall be rescinded and the
employee's records and pay shall be appropriately adjusted.
2. The council's findings and order shall be filed with the city
clerk.
3. The action of the council shall be ficial. (Prior code section
2706.3)
2.36.360 Grievance Procedure
A. A grievance is an alleged violation, misinterpretation or
misapplication of the Employer-Employee Resolution, the Personnel Rules --
and Regulations, any: memorandum of agreement with an employee association
or any existing written policy or procedure relating to wages, hours or
other terms and conditions of employment excluding disciplinary matters.
B. Any employee may file and process a grievance by:providing the
time, place and circumstances of the action prompting the grievance.
Employees may accompanied by a representative at each step of the
process. If a specific action to be grieved affects several employees,
those employees may consolidate their grievances and be represented.
C. Each grievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the
immediate supervisor shall discuss the grievance with the supervisor's
immediate superior. If the matter can be resolved at that level to the
satisfaction of the employee, the grievance shall be considered
terminated.
2. If still dissatisfied, the employee may immediately submit the
grievance in writing to the department head for consideration, stating the
facts on which it was based, including the provision of the rules,
regulations or agreement said to be violated, and the proposed remedy.
This action must take place within fifteen business days of the occurrence
of the grievance. The department head shall promptly consider the
grievance and render a decision in writing within fifteen business days of
receiving the written grievance. If the employee accepts the department
head's decision, the grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's
decision, the employee may immediately submit the grievance in writing to
the personnel director within five business days of receiving the
department head's decision. The personnel director shall confer with the
employee and the department head and any other interested parties, and
shall conduct. such other investigations as may be advisable.
E. The results or findings of such conferences and investigations
shall be submitted to the city administrative officer in writing within
fifteen business days of receiving the employee's written request. The
city administrative officer will meet with the employee if the employee so
desires before rendering a decision with respect to the complaint. The
city administrative officer's decision shall be in writing and given to
the employee within fifteen business days of receiving the personnel
director's results and findings. Such decision shall be final unless
employee desires a review of the decision.
F. If the employee desires a review of the decision the procedure is
as follows:.
1. Personnel board (for all except employees represented by police
officers' [SLOPOA] or firefighters' [SLOFA] associations) .
i
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i
The employee will have five business days following receipt of the
city administrative officer's decision to submit a written request to the
personnel board through the personnel director for review of the
decision. The personnel board within thirty business days shall review
\ _ the record and either (1) issue an advisory opinion to the city
administrative officer; or (2) conduct a hearing on the matter. If a
hearing is held, an advisory opinion shall be rendered by the board within
ten business days of the close of such hearing. If an opinion signed by.
at least three members of the personnel board recommends .overruling or
modifying the city administrative officer's decision, the city
administrative officer shall comply or appeal this recommendation to the
council. Such appeal shall be filed with the city clerk within three
business days of the board's action. If appealed, the council shall
review the case on the record and render a final decision within fifteen
business days of submittal. (Prior code section 2707)
2. Hearing officer (for employees represented by SLOPOA or SLOPA)
A. The employee will have five business days following receipt of the
city administrative officer's decision to submit a written request to the
personnel director for review of the decision. The personnel director
will obtain a list of five potential hearing officers from the State
Mediation. and Conciliation Service. Then following a random determination
of which party (city or appellant) begins, parties shall alternatively
strike one name from the list until only one remains.
B. Within 30 business days the hearing officer shall review the
record and conduct a hearing on the matter. Within ten business days the
hearing officer shall render a decision which shall be final.
C. Any dispute regarding the eligibility of an issue for the
grievance process may be appealed through the process ultimately to the
hearing officer who shall decide on the eligibility prior to ruling on the
merits.
D Any fees or expenses of the hearing officer shall be payable
one-half by the city and one-half by the appellant. All other expenses
shall be borne by the party incurring the expense. -
E The city reserves the right to make the hearing officer's opinion
advisory or to replace the hearing officer position in the grievance
_ ._
process with the personnel board for an-employee organization after July
1993 provided that:
1. The hearing officer has ruled, on at least five separate grievances
the employee organization; and
2.. The city has been sustained in at least 65 percent of the
determinations on grievances filed by members of the employee
organization.
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