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Home My WebLink About06/01/1993, C-7 - PERSONNEL BOARD BY-LAWS REVISION I��h��I��i�IIIIIIIIII IIIIIII MEETING 6- OAT c� In or ��san I s 0131SPO NUMBER� COUNCIL AGENDA REPORT TEM NUMBER �y FROM: Ann Slate- SUBJECT: Personnel Board By-Laws Revision CAO RECOMMENDATION: By motion, approve the revisions to the By-Laws of the Personnel Board DISCUSSION: The Personnel Board reviewed its by-laws on May 4, 1993 and recommends changes as shaded in Attachment A. The Personnel Board requests that the Council approve the recommended revisions. The revisions are minor in nature and will provide the Board with more flexibility. The amendment to Article 3(c) will allow the City Attorney's office the prerogative of handling those matters that are routine and straightforward while preserving the City's right to hire outside counsel for matters that require specialized representation. When the City Attorney's office represents the City in a grievance or disciplinary action appeal, outside counsel will be retained to advise the Board. This should result in some cost savings to the City since typically the legal costs associated with preparing and representing the City's case exceed those that we would expect to incur in advising the Board. This approach is frequently used by public agencies who have in-house legal resources familiar with public employment law. The City Attorney's office offers such a resource and will be able to continue to provide the City with the appropriate legal support. It should be noted that the Personnel Board hears on an average one to two appeals per year so that this modification to process should not significantly impact staff workloads. The Board also recommends that Article 4, Section i, be added which allows the Board to request hearing briefs prior to hearings. This will encourage the parties to an appeal hearing to frame their issues and will serve to better prepare the Board to hear the arguments. CONCURRENCES: The City Attorney's Office supports the Board's recommendations. FISCAL IMPACT: Some cost savings can be anticipated when the City Attorney's Office presents the City's case in grievance and disciplinary action appeal hearings. An accurate estimate is dependent upon the number of hearings as well as the hours involved in preparing and presenting the City's case which can vary widely year to year. ATTACEMIENNTS: Attachment A: City of San Luis Obispo Personnel Board By-Laws Attachment B: Personnel Board Meeting Minutes, May 4, 1993 g:PbBcu2 ATTACHMENT A CITY OF SAN LUIS OBISPO PERSONNEL BOARD BY-LAWS ARTICLE 1. PURPOSE It is the purpose of the Personnel Board to hear employee appeals from disciplinary action and to review employee grievances. The Board shall then make advisory recommendations to the City Administrative Officer. The Personnel Board shall also perform other duties pertaining to personnel management as directed by the City Council. ARTICLE 2. TERMS OF OFFICE Five (5) members of the Personnel Board shall be appointed by the City Council and shall serve for terms of four (4) years. a. Appointments will be made in a staggered every other year pattern, such that two (2) members terms will expire during a given year and the terms of the other three (3) members will expire two (2) years later. b. Any vacancies on the Personnel Board shall be filled for the unexpired term of the person replaced. C. Members shall be appointed for no more than two (2) consecutive terms (8 years). ARTICLE 3. OFFICERS The officers shall be a chairperson and a vice-chairperson who shall be elected at the first meeting of alternate calendar years to serve two-year terms. a. The chairperson shall preside over all meetings of the Personnel Board, subpoena witnesses and require the production of books, papers and any other materials pertinent to the investigation or hearing. b. The vice-chairperson shall serve in the absence of the chairperson. C. The City Attorney's Office shall serve as legal advisor to the Board, preparing necessary documents for the Board to review in advance of the hearings—an (JAM �dslFbsr-tiar�saftsrth+a�earirtg. �lonraver, t�the�t}r ttortaey's Office represents a f €ty Qepartment dt�rn the hearia�an ars employee dlsclplinary ac#tort ter grleuance, auts�cfe counsel wt�tl tie provided�o serve as tegat 8�riv€S�r#o the !board d. The Personnel Director or Iishall serve as recording secretary, keeping record of all meetings, and shall issue all necessary notices, copies of agendas, minutes and copies of necessary documents. ARTICLE 4. MEETINGS a. The Personnel Board shall meet as needed. b. Three (3) members of the Board shall constitute a quorum for the transaction of business. However, for the purpose of a hearing on appeal of a disciplinary action, no Board member may vote on a decision if absent from part of a hearing, unless such member certifies that he/she listened to a recording of or read the transcript of the missed portion of the hearing. C. Ft�rstleni ttrersannl Ucpttcr t�f the Btowr� Att (Gov�errzment (rode Sect�or� $49 '7#;;a#+�rneetings may be closed to the public at the request of any appellant wl�ert the pend[rtg issue deals with a pamcula err�plc�yee d. The Chairperson or Pe-seigig-' the lega9 ed� Sor to;the Bbard shall ..................... .....::. administer oaths to all witnesses appearing before the Board. Any regular officer or employee of the City who fails to take the oath or fails to testify truthfully under oath at a hearing shall be subject to disciplinary 1 action. e. All grievance and disciplinary appeal hearings shall be tape recorded. f. At the request of the appellant, a court reporter shall be used. The cost of the court reporter shall be paid as agreed upon by both sides. g. All actions of the Board shall be decided by majority vote, and shall be directed through the Board chairperson. h. The Board may meet with its legal advisor, as needed and outside the presence of any other persons, to receive opinions and advice. t�: `�'l�e �a�d may direar the• pact)es tri subrn€� hewing beefs outlining tine fads and ar��men#s to be p��s�nt�d pr�t�r to ar�� #�ear�r�g T�,e �harrp>rrson :shall establish a schedule far submission of the hearing .. ..... . . . ... chefs;: ARTICLE 5. AMENDMENTS At such time as these by-laws need to be amended, the Personnel Board shall meet and determine an appropriate procedure for making such amendment(s). ftmwu. 42-l3 ATTACHMENT B PERSONNEL BOARD MEETING May 4, 1993 MINUTES The Meeting was called to order by Vice Chairperson, Chuck Adoff, with Members Dann Torrance and Diane Glaser in attendance. Robert Sorensen and Frank Martinez were absent. Staff present included Ann Slate, Personnel Director and Cindy Clemens, Assistant City Attorney. The Personnel Board By-laws were reviewed as required by City policy. Cindy Clemens presented revisions that were unanimously approved by the Board. Staff was directed to submit the recommended revisions to the City Council for approval. The Board expressed concern that issues brought before them were not timely and that typically significant amounts of time lapse between the disputed action and the Board's review. Staff agreed to work with the Employee Associations to revise grievance proceduresto provide for a more timely resolution of grievance and disciplinary action appeals. With no further business, the meeting adjourned at 4:00 p.m. Minutes prepared by Ann Slate, Recording Secretary, Personnel Board g:pbmin l