HomeMy Public PortalAboutA 2011-04-21 - PERSONNEL BOARD REGULAR MEETING OF THE PERSONNEL BOARD
THURSDAY,APRIL 21, 2011
5:00 PM
I. CALL TO ORDER
1�uly 1�os�ea
II. ROLL CALL. R E C E I V E�D
Paulette Bradley, Chair APR 1 8 2011
Robert Robinson, Vice-Chair
Hilario Esparza CITY OF LYNWOOD
Jacqueline Espinoza CITY CLERKS OFFICE �.
Francisco Perez �It({y��A (�ui�W�eL
G� cC�,(� �,� ws
III. PLEDGE OF ALLEGIANCE
Led by ;
IV. APPROVAL OF MINUTES �
Regular meeting of March 17, 2011 �
Motion Second Vote ;
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V. PUBLIC ORALS �
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VI. INFORMATIONAL ITEMS I
1. Employee Grievance Rights I
2. Employee Transfer Rights !
3. Employee Policies and Procedures �
VII COMMISSIONER & STAFF ORALS ;
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VIII. ITEMS TO BE AGENDIZED �
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� X. ADJOURNMENT
• Regular Meeting — May 19, 2011
Motion Second Vote Time:
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� CITY OF LYNWOOD
REGULAR MEETING OF,THE PERSONNEL BOARD
MARCH 17, 2011
The regular meeting of the Personnel Board of the City of Lynwood was held on
Thursday, March 17, 2014 at 5:00 p.m. in the Council Chambers of City Hall,
11330 Bullis Road, �ynwood, California. The agenda was duly posted as
prescribed by the Brown Act.
CALL TO ORDER
The meeting was called to order at 5:02 p.m. by Chairperson Bradley. Roll call .
'>'Y � L� f''` was taken by Alfredo'J�Lopez III, Human Resou�ces-Director.' �� ,. �
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Commissioner Attendance:
Present — Bradley; Robinson; Esparza; Espinoza; and Perez
Staff Attendance:
Present — Alfredo J Lopez, HR Director
PLEDGE OF ALLEGIANCE
Led by Commissioner Esparza.
APPROVAL OF MINUTES
The motion was made by Vice-Chairperson Robinson and seconded by Espinoza
to approve the minutes of the regular meeting of February 17, 2011. All in favor.
Motiorr carried.
� PUBLIC ORALS — None �
INFORMATIONAL iTEMS
Mr. Lopez informed the Board that the City Council cancelled the Parking Pilot
Program.
In addition, he also informed the Board that the Council reviewed the option of
enfo�cing a 24/7 Parking Enforcement Program and authorized the recruifinent of
two additional part-time Parking Control Officers and two part-time Code
Enforcement Officers. The positions will be advertised as open until filled.
However, this will also be a good opportunity to establish an eligibility list for a full-
time position. The recruitment advertisement will request that applicants indicate
whether they would like to be considered for the full-time, part-time or both
positions. There will be a total of four recruitments; two full-time to establish a list
and two for part-time, no list (as temporary part-time) J
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Vice-Chairperson Robinson inquired about the City's budget. He would like to
know how the additional positions would affect the current budget. Mr. Lopez
responded that the four positions will be generating money. Therefore, they would
be paying for themselves. Parking Officers will be issuing parking citations and
Code Enforcement O�cer will be focusing on garage conversions.
COMMISSIONER & STAFF ORALS
Vice-Chairperson Robinson inquired about the status of the Civic Auditorium
position. Mr. Lopez responded that the item was not agendized for discussion and
that he could only say that staff took appropriate action as discussed during close
session.
He then asked if there were any upcoming workshops. Mr. Lopez responded that
there will be a couple but they have not been scheduled. He will keep the Board
updated as HR schedules the training.
Chairperson Bradley would like to know the status of the departmental
presentations. Mr. Lopez responded that the City Manager had approved the
Parking Enforcement Division but has not authorized any other departments. He
will follow up and will keep the Board informed.
Commissioner Espinoza stated that a coupie of months ago she requested to know
what kinds of grievances are received in the Human Resources Department. Mr.
Lopez asked if the Board wished to calendar the item so that he can prepare and �,
present the Board with a formal report. All in favor. i
Vice-Chairperson Robinson inquired about the steps management takes when ;
deciding a transfer of an employee. �
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Mr. Lopez responded that a full report was presented to the Board during the '
meeting in January but if the Board wished to revisit the topic, he would be more �
than happy to provide the Board with a report. He then stated that he understands ,
that the Board would like to discuss the transfers and impact of positions. He !
indicated that management controls where personnel are needed and retains the �
right to transfer individuals. Although there are circumstances where demotions are
due to disciplinary actions, in either case, the collective bargaining MOU's and
Personnel Rules take precedent. On occasions, there might be bargaining unit ;
meet and confer requirements. �
Commissioner Espinoza asked about the process in which HR keeps track of i
employee's receiving policies. Is it quarterly, every six months or yearly? Mr. �
Lopez will provide an update at the upcoming meeting.
Chairperson Bradley commented on staff taking too long to respond to actions. ;
She would like appropriate action to be taken in a timely manner. Mr. Lopez will �
inform upper management.
The Board then went into closed session at 5:26 PM. �
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The Board came out of closed session at 5:38 PM and Mr. Lopez provided a brief
report. He reported that the eligibility list for the position of Maintenance Worker ,
was approved. The eligibility list for the position of Risk Manager was also
approved. All in favor. Motion carried.
ITEMS TO BE AGENDIZED
• Departmental Presentations
• Grievances received
. Transfer Procedures
• How does HR keep track of employees receiving revised/new policies
ADJOURNMENT
Commissioner Esparza made the motion to adjourn and Vice-Chairperson
Robinson seconded. The meeting adjourned at 5:40 pm. All in favor. Motion
carried.
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PERSONNEL BOARD
AGENDA STAFF REPORT
DATE: April 21, 2011
TO: Personnel Board Members
FROM: Alfredo J. Lopez III, Director of Human Resources
SUBJECT: Employee Grievance Rights
In order to ensure a fair and equitabie personnel system, all City employees have
the right to grieve dissatisfaction on.employer policies and procedures. Per the
collective bargaining agreements with the Lynwood Employee Association and
the Management Bargaining Unit, the grievance procedure is a four step process
whereby an employee comes on record by meeting first with their supervisor. If a
grievance is not settled at this level, the next steps are as follows:
. Step 2: Written submission to employee's Department Head
. Step 3: Written submission to the City Manager
• Step 4: Review by the Personnel Board
Attached is the formal grievance form that is provided to employees. It allows for
an employee narrative along with an outline of the four-step City procedure. As i
noted above, the Personnel Board would not be solicited until Step 4. I,
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In FY 2010-2011, HR received and processed a few City grievances. These I
were resolved at levels below the Personnel Board. �
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Attachment: �
City Grievance Form
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` GRIEVANCE AND DISCIPLINARY,SPPEAL PROCEDURE
A"Grievance" shail be defined as a'controvetsy tietween the City and the Association ,or an
_ employee or employees covered herein. The provisions of this articiedo not apply to probationary
or in the case of hourly employees, those who have not reached PERS eligibility: A controversy
as defined in this article•must pertain to any of the following: '(i)`Any matteP retating to working,
condifions, (Z) Any matter involving the interpretation b� applicafion of any proVision of this
Agreement, or (3} Any matter involving ttie violation of any provision or intent of this Ag�eement-
except any articles and provisions which state tfiat they are not subject to this Article: An appeal,
of a disciplinary action, including suspension, discharge for cause, demotion or: disciplinary .,
reduction in pay, shall initially be submitted at Step 3, and contain a succinct written statement of, :
the basis of appeal, within ten (10)� working days ot the�impo'sition' of disGpbne. `All written
responses to'a disciplinary appeal wilfspecify rea§ons for the decision'and infortn the employee of
� the appeal procedu�e and applicability of Section 1094.6 of the Code of Civil' Procedure liriiiting,
the time within which legal actions must be commenced. "". '
There shall be an eame§t effort omthe part'of both partiesto settfe grievances promptly;through
the steps lisfed`betow; The empfoye.e may request the assistance of a representati�e of his,own '
choosing in preparing and presenting a' grievance. Either party to the grievance may invite
persons with relevant infortnation to be present. For purposes of this procedure "working days"
refers to Monday through Thursday, 7:00 AM fo 6'00 PM and' exdudes weekends ancl holi8ays.
�` Steo..1:.� An employee's grievance must be orally disc'ussed with the 'frst line supervisoi
immediately in charge',of the aggrieved employee within fen (10)'working days after� the' event
� giving rise to the grievance, or.ten (10) working days after the date that he.should haVe been
reasonably expeded to have had knowledge of the grievance. The su rvisor will
pe give his answer
to the=employee by`the end of tfie tentfi (10th) wotking day following tFie presentation of the
grievance and the giving of such`answer will terminate $tep 1. `
Stea 2: if _the, grievance is not settled in Step 1 and'fhe employee wish�es to pursue iffurttie�; the
grievance will be reduced to writing by the employee, fully stating the facts surrounding the
grievance and/or detailing the specific provisions of this Agreement alleged to have been violated,
signed and dated by the employee and presented to the Department Head, or in his absence, his
designee within ten {10) working days after termination of Step t
Written discrimination aAegations must contain a description of the purported discriminatory action
and the specific basis which is defined by Federal or State law (if any). A meeting between the
employee and his Department Head or, in the Department Head's absence, his designee may be �
,- arranged at a mutualfy agreeable location and time to review and discuss the grievance. If j
scheduled, such meeting wiif take place within ten (10) working days from the date the grievance
is received by the Department Head or, in his absence, his designee. The Departrrient Head or, . i
in his absence, his designee will give a written reply by the end of the fifth (5th) work day following '
the date of the meeting and giving of such reply will terminate Step 2. j
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Step 3: If the grievance is not settled at Step 2, the employee may movetfie grievance to Step 3 --
by serving written notice upon the City Manager within ten (10) working days after receipt of the
reply in Step 2, or within ten (10) working days after the reply was due, requesting a meeting;
� Said meeting shall.be scheduled within-ten (10) working days after.receipt of such request. The
City Manageror; in his absence, his designee shall provide the employee with a written.disposition
of the grievance within ten (10) working days after the meeting. The City Managers decision shalf
be final and binding, except in disaplinary and discrimination cases as specified below. :,
Step 4: The employee may seek review 6y the Personnel Board of the Cdy Managers decision in
grievance.matters by submitting a written request to the-Personnel. Department within ten (10)
working days from the date of the answer in Step 3. The Personnel Board may grant an informal
fiearing and the.. Board's.. role ,in such matter. is advisory only, except that in ,disciplinary and
-.• discrimination cases, the Board shall,grant a hearing and the Board's decision;shall be final and
binding.
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If an employee fias complied with the above steps and requested:Personnel Board. review in a, '
disciplina'ry. appeal oc discrimination, allegation, the, Board :shall hold a hearing wifhin thirfy (30j
days of the request and take such action as it deems appropriate. ; lt is agreed:that neither party
shalt attempt to influence the Personnel Board prior to the hearing:-
Upon conclusion of any, investiga6on or, hearing, the Personnel Board sha11 within >ten (10}
workirrg days,. notify Personne! in writing of. its fndings :and recommendafions.' A eopy of ,such
findings shall,be transmitted to the affected employee. .„ .:: -, , .,
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All costs of representation resuking from this process shall be bome by:the.party incumng them_
No employee shall use Ciry staff or materials in the pursuit of a grievance or.•in response to a
proposed or effected disciplinary action, unless tte br she has obtained specific authorizatiomto do
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A grievance, or other:appeal which is not,brought.or brougM.forward withimthe Ume limit provided
within each of the sections of this artide shall be deemed to haye been waived and settled, urtless
such time limit is expressly extended by muYual agreemeni Time limits are set forth above and
may be extended by a mutual agreement between the.parties, but neither party.shall'be required
to do §o. :
Any`letter of reprimand that is not inGuded as part of a current progressive discipline rtiatterwill 6e
removed from the file of an employee after twelve (12) months, upon written. request from that
employee to the Human Resources Division_
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� � CITY OF LYNWOOD.
GRIEVANCE FORM .
DATE: �
NAME: DEPT.: -
The empioyee must bear the burden of presenting their case of the alleged
violation to their immediate supervisor, no less than ten (10) working days after.
tHe alleged incident' ' If satisfaction is not attained at the immediate supervisor
level than the grievance is to be taken in no less than ten (10) working days tb
the Department Head_ If the employee is still not satisfied, the grievance will go. ,
J to the City Manager ten (10) days after the Department Head's review_ The`Gity %'
Manager's decision shall be final and binding. (See attached MOU: article titlecl.
Grievance and Disci�linarv.Appeat Procedurel. • . .
STEP 1. - .
Please state the nature of the grievance in precise clear lariguage and the
provision alleged to have been violated:
Please state the remedy which is sought by you concerning the alleged
grievance:
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Employee's Signature (OVER) I �
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STEP 1
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Supervisor's Decision: _ , , ° DAT�:
Superviso�'s Signature . � Employee's Signature.. .., ' "
STEP 2 �>•.,;:.. .. . . , . . .
Department Head's Decision: � - DATE:
Departmen# Head's Signature Employee's Signature .._:
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STEP 3
City Manager's Deeision: DATE: �
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City Managers Signature Employee's Signature
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� Admin/PersoneVGrievance Portn , .� , � '�
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PERSONNEL BOARD
AGENDA STAFF REPORT
DATE: April 21, 2011
TO: Personnel Board Members
FROM: Alfredo J. Lopez III, Director of Human Resources
SUBJECT: Employee Transfer Rights
Both Government Code 3500 and the City negotiated MOUs provide the City with
the authority and management right to control the transfer and assignment of
employees. In turn, Personnel Rule XIII, Section 1, Transfers, outlines the
procedure regarding such transfers. Employees may either request transfers
based on their job classification or the City may determine to transfer an
employee due to business necessity.
City-initiated transfers are accomplished in accordance with Personnel Rule XIII,
Section 1, Transfers. Typically, this is used when two department heads are in
agreement that a transfer is in order.
Per Personnel Rule XIII, employees also may voluntarily request to transfer to a
similar position in another department. As noted above, both department heads .
must consent to said transfer.
It is important to note that sometimes a City-initiated transfer may be required in
order to resolve a confidential personnel matter involving discipline. For example,
such activity may be conducted in the context of a demotion where the demoted
to position is not budgeted within the employee's original department. In this
case, Personnel Rule XIII aliows for such transfers as long as they are compliant
with the Personnel Ordinance, and an employee's due process rights.
, Attachment: Personnel Rule XIII
RULE XITI
TR�INSFER, PROMOTION, DEMOTION,
SIISPENSION, AND REINSTATEI�NT
Section 1_ Transfer : After notice of the Personnel Officer
-, and subject to the provisions of the Personnel Or�iinanee, an-
Employee may be transferred by the appointing authority at any
time from one position in the �same comparable class. If the
transfer involves a change from the jurisdiction''of one
supervising official to another to another, both must_consent
thereto unless the City Council orders the transfer for _purposes
of economy or efficiency. Transfer or reduction, each of which
may be accomplished only_ as provided in the Personriel. Ordinance
and in these rules.. No person shall be transferred to a position
, for which he does not posses the minimum qualifications.
Section 2.Prombtion: In so -.far as practicable and •
_ consistent with the tiest interests of the service, all vacancies
in the classified service shall be filled by promotion of
classified service andlor hourly employees 'who have attained PERS
eligibility, after a promational examination has been given and a
. promotional list established.
Section 3.D�otion: The appointing authority may demote an
employee whose ability to perform his required duties fa1ls below
standard, or for disciplinary purposes. Upon request of the
employee; and with the consent of the prospective supervision
official,. demotion may be- made to a. vacant position as a
substitution for. lay-off. No employee shall be demoted to a
position_for which he does not posses the minimum qualifications.
Written. notice of _the demotion shall. be given to the employee
before or within three days after the effective date of the
demntion, and a copy filed with.the Personnel Officer.
Section 4_Suspension: The appointing authority may suspend �
an employee from .his position at any time for the good of the ��
service, for a disciplinary_purpose, or for other just cause. i
Suspensions shall be reported immediately to the Personnel Officer �
and the Personnel Board, by the appointing authority. I
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Section S.Reinstatement: A: classified service employee ��c
� resigns in good standing may apply within one (1) year a`�e°
resignation for reinstatement to the current eligible list ror. tne -
same classification from which his original appointment was made.
If reinstatement is recommended by the appointing authority, the
Board may order the name of the employee restored to the
appropriate.eligible.list. In the event to rehire, seniority will" _
be established from the latest hiring date.
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���4�,� MEMORANDUM
DATE: April 21, 2011
TO: Personnel Board Members '
FROM: Alfredo J. Lopez, III, Director of Human Resources
SUBJECT: Policies and Procedures
.' Attached is an agenda report regarding policies and procedures, originally
provided on October 21, 2010, and carried overto November 11, 2010. It is
� provided again as attached for your review and consideration.
Please confact the Human Resources Department if you have any questions.
Attachments: Polices and Procedures Memo and Agenda Report .
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MEMORANDUM
DATE: November 11, 2010
TO: Personnel Board Members
FROM: Alfredo J. Lopez, III, Director of Human Resources
SUBJECT: Carried Over Agenda Items
On October 21, 2010, the Personnel Board requested to carry over two agenda
items to its next regular meeting. In accordance with that request, please find the
following reports, attached:
. Policies and Procedures
. Discipline and Grievance Procedure
Please contact the Human Resources Department if you have any questions.
Attachments: Polices and Procedures
Discipline and Grievance Procedure
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PERSONNEL BOARD
AGENDA STAFF REPORT
DATE: October 21, 2010
TO: Personnel Board Members
FROM: Alfredo J. Lopez III, Director of Human Resources
SUBJECT: Policies and Procedures
, Recommendation ,
Receive and file this report. '
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Background i
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At the September 2010 regular Personnel Board meeting, the Board requested i
information regarding City policies and procedures.
City policies are created and produced at the City and department level. Upon !
hire, a new employee undergoes a comprehensive orientation where he/she is i
provided copies of pertinent city-wide and department policies. Each employee is I
required to review the policy and submit the acknowledgement of receipt.
Throughout the year, the City in conjunction with HR, also conducts various ;
training sessions. At all training oppoRunities and quarterly workshops, I
departments provide an overview, or refresher of primary City and/or department
policies, and redistribute them to employees accordingly. For example, the City �
recently conducted City-wide Harassment Prevention Training, and all
employees acknowledged receipt of this policy. '
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City staff uses City policies and procedures to guide and manage employee
decision making. '
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