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HomeMy WebLinkAbout06/20/1989, C-5 - IMPLEMENTATION OF AN AGREEMENT WITH THE POLICE AND FIRE ASSOCIATIONS MEETINGW I�II� cityof sar. JI S OBI SPO ITEbM��N�UMBER: COUNCIL AGENDA REPORTA OP FROM: Ll Ann McPike Personnel Directors SUBJECT: Implementation of an agreement with the Police and Fire Associations CAO RECOMMENDAMON: Give final passage to Ordinance No. 1147 amending the Personnel Rules and Regulations. BACKGROUND: At the Council meeting of June 6, 1989, the City Council unanimously introduced Ordinance No. 1147, amending the Personnel Rules and Regulations . This action followed months of discussion with representatives of the City, the Police Officers ' Association (SLOPOA) and Firefighters' Association (SLOFA) , to reach an agreement on an alternative to binding interest arbitration. The agreement specifies that the City will amend appropriate resolutions, ordinances and agreements for: 1 . Mediation 2. Fact-finding 3. Professional Settlement Panel i 4. Hearing Officer for grievance (final) and discipline (advisory) 5. Communication process 6. Early reopening of negotiations with the Firefighters' Association On June 6, 1989, Council adopted Resolution Nos. 6619 and 6620, and introduced Ordinance No. 1147 to amend the Personnel Rules and Regulations. The recommended action completes the City's agreement to implement these changes. The Police and Fire units are in agreement with .this recommendation and no comments have been received against this action. ATTACHMENT Ordinance No. 1147 ORDINANCE NO. 1147(1989 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OSISPO 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 236.340 - 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 j 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 6th day of June, 1989 on motion and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None RON DUNIN AT ES r P vOGES, CI CLERK APPROVE City A inistrative fficer Acting City ttorney 2.36.340 Disciplinary action -- Right of Appeal- A. Any employee (except employees represented by the •police officersf (SLOPOA] or firefighters' (SLOFA) associations) demoted, suspended for more - than five days or the shift equivalent, to uced 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 SLOPOh or SLOFA who is demoted, suspended for four days or more or tne AIR equ va ent, reduced TF pay# or removed under the provisions of Section 2.36.330 of the Personnel Rules and Regulations shall have the right to appeal such disciplinary act on to a hearing officer. The appeal shall be in writing and shall be filed W1.zn the personnel director within fifteen business•daye 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. 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 firefighter [SLOFA] associations) under section 2.36—.340A, the personnel director, following consu tation 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 str ke one name from the list until only one remains. The personnel director shall then set a date and time for a hearing before the hearing officer. 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 be subject 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 SLOPA) . 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; A �-� . b. City's-`representative shall present evidence in ._port of city's positions 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 I 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. 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 final. (Prior code section 2706.3) \ 1 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. S. Any employee may file and process a grievance by providing the time, place and circumstances of the action prompting tie grievance. Employees may be accompanied by a representative at each step" of the process. If a specific action to he 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' [SLOPOAJ or firefighters' (; LOFA] associations) . - 1 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 SLOFA) 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 membersof the employee organization.