HomeMy Public PortalAbout82-154 (10-05-82)RESOLUTION NO 82 -154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING THE PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council of the City of Lynwood has adopted Comprehensive
Memoranda of Understanding with the Lynwood City Employees Association, Lynwood
Employee Management Group and Lynwood Firefighters Association; and
WHEREAS,�Exhibit A contains revisions to Rule II General Provisions, Rule VII
Examinations; Rule VIII Employment Lists; Rule IX Method of Filing Vacancies,
Rule XI Attendance and Leaves, Rule XIII Transfer, Promotion, Demotion, Suspension,
and Reinstatement, and Rule XV Disciplinary Actions,Appeals and Hearings of the
Personnel Rules and Regulations which reflect changes in personnel procedures
and employee benefits which have been agreed to by the City and employee groups; and
WHEREAS, the Personnel Board has recommended the revisions to the Personnel
Rules and Regulations as contained in Exhibit A, and
WHEREAS, the City Attorney and representatives of the employee associations
have reviewed the proposed changes (Exhibit A) to the Personnel Rules and Regu-
lations.
NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve
as follows
SECTION 1 : Amend the Personnel Rules and Regulations to delete Rules II, VII,
VIII, IX, XI, XIII and XV, as presently specified,and add these
same rules as specified in Exhibit A
SECTION 2 : This resolution shall take effect immediately upon the second
reading and adoption
PASSED, APPROVED and ADOPTED this Sth day of October, 1982
G� uis A
Lo Thompson, Mayor
ATTEST J
Andrea Hooper, City Clerk
TO
APPROVED AS TO CONTENT
� ) ,(.i
d R McEwen, City Attorney Sandra Chapek, Personnel Manager
EXHIBIT A
RULE II
GENERAL PROVISIONS
Section 1. Non - discrimination All decisions regarding recruitment,
hiring, promotion, transfer, discipline, compensation, assignments, benefits,
training, layoff, recall and other terms and conditions of employment shall be
.made without discrimination on grounds of race, color, creed, religion, sex,
national origin, age, qualified physical or mental handicap, marital status,
political affiliation or opinions, association membership or other factors
which cannot be lawfully used as the basis for an employment decision The
above has no bearing on the taking of a loyalty oath which is required of
all City employees
Section 2 Violation of rules Violation of the provisions of these
rules shall be grounds for dismissal, rejection, or suspension
Section 3 Amendment and revision of rules Recommendations for
amendment and revision of these rules shall be made by the Personnel Officer
and /or the Personnel Board. Amendments and revisions shall become effective
upon adoption by the Council
EXHIBIT A
RUT.F. VTT
EXAMINATIONS
Section 1 Nature and tvoes of examination The selection techni-
ques used in the examination process shall be impartial, of a practical nature
and shall relate to those subjects which, in the opinion of the Personnel Officer,
fairly measure the relative capacities of the persons examined to execute the
duties and responsibilities of the class to which they seek to be appointed
Examinations shall consist of such recognized personnel selection
techniques as achievement tests, aptitude tests, evaluation of personality
and background through personal interview, performance tests, evaluation of
daily work performance, work samples, or physical agility test, or any com-
bination of these
Section 2. Open competitive examinations Open examinations shall be
conducted for all entrance positions in all departments and in all newly created
positions unless it is determined by the Board that there are classified emplo-
yees who meet the requirements as prescribed in the specifications for the posi-
tion for which the examination is to be held However, in the event that the _
Personnel Officer has determined to fill a position through lateral entry pur-
suant to Section 3 of Rule IX, a lateral entry examination, if such is deemed
necessary by the appointing authorities, shall be administered in lieu of an
open competitive examination An open or a lateral examination for the rank
of Fire Captain may be conducted, waiving the requirement for City of Lynwood
experience, and an eligibility list established accordingly, if the results of
a promotional examination do not provide an acceptable promotional list and a
Captain vacancy occurs prior to the next regularly scheduled promotional exami-
nation Examinations for all department heads may also be open if it has been
previously determined by a 4/5 vote of the City Council that such examination
shall be open When an examination is declared open, any permanent classified
employee of the City shall have five (5) additional points added to his final
score as credit for service while in the employ of said City, provided such
employee shall have first received an earned passing grade
Section 4. Conduct of examinations The Personnel Officer shall recom-
mend to the Personnel Board the manner and methods and by whom examinations
shall be prepared and administered. The City Council upon recommendation of
the Personnel Board, may contract with any competent agency or individual for
the performance by such agency or individual of the responsibility for pre-
paring and administering examinations In the absence of such a contract,
the Personnel Officer or the City Clerk shall arrange for the use of public
buildings and equipment for the conduct of examinations and shall render such
assistance as shall be required with respect thereto
Section 5 Scoring examinations and qualifying scores A candidates'
score in a given examination shall be the average of his scores on each com-
petitive part of the examination, weighted as shown in the examination announce-
ment Failure in one part of the examination may be grounds for declaring such
appLicants as failing in the entire examination or as disqualified for subse-
quent parts of an examination
The Personnel Officer may at his discretion include as a part of the
examination tests which are qualifying only
Section 6 Scores submitted for certification Upon completion of the
examination, the Personnel Officer shall submit to the Personnel Board a list
of the candidates, their scores, and order of scoring, for certification.
Section 7 Notification of examination results Each candidate in an
examination shall be given written notice of the results thereof, and if succes-
sful, of his final earned score and rank on the employment list
Any candidate shall have the right to appeal his final earned score and
rank on the employment list The appeal period shall be set down in writing in
another section of the Personnel Rules and Regulations
Section 7 1 Appeal Period After the applicant has been notified of
his score, an appeal period of five (5) work days is allowed in which he may
challenge the examination results and the method of computation considered in
scoring the test An additional five (5) work days may be granted by the Per-
sonnel Officer if the candidate is unable to make the appeal in the time speci-
fied due to a verified extremely extenuating circumstance. During the appeal
period, the applicant may file a protest against any part of the written test,
citing the question or questions against which the protest is directed and his
reason for protesting Such an appeal shall be directed to the Personnel Board
and shall be in writing in the form prescribed by the Personnel Officer The
protest shall give specific facts and reasons to support the appeal and shall
include authoritative references or opinions of recognized experts, where such
exist.
Upon receipt of written appeal, a review of each protested question
shall be made by the Personnel Board Final determination of the status of
each protest shall be entirely within the discretion of the Personnel Board.
Each and every finding made by the Board shall be transmitted in writing to
the applicant by the Personnel Officer
In the event that the Personnel Board finds an error in computation or
in the validity of a protested question, the adjustment in scoring will be made
in accordance with the intial scoring and computation An applicant who has
not filed a protest during the appeal shall not be entitled to protest against
any segment of the examination process.
EXHIBIT A
RUT.R VTTT
EMPLOYMENT LISTS
Section 1 Emplovment lists As soon as possible after the completion
of an examination, the Personnel Officer shall prepare and keep available an
employment list consisting of names and candidates who qualified in the examina-
tion, arranged in order of final scores, from the highest to the lowest quali-
fying score The employment list shall than be submitted to the Board
Section 2 Duration of employment lists Employment lists shall become
effective upon the approval thereof by the Board, and upon its certification that
the list was legally prepared and represents the relative ratings of the persons
whose names appear on it Employment lists shall remain in effect for one year,
unless sooner exhausted or abolished, and may be extended, prior to their expira-
tion dates, by action of the Personnel Board for additional six -month periods,
but in no event shall an employment list remain in effect for more than two years.
Following the initial implementation period, promotional examinations for Fire
Engineer and Captain shall be given in alternating years and approved eligibility
lists shall be valid for two (2) vears unless sooner exhausted or abolished by
the Personnel Board at the request of the Fire Chief If necessary, interim
examinations for Fire Engineer and Captain may be given and resulting certified
lists shall remain valid until the next regularly scheduled examination unless
sooner exhausted or abolished
If less than three qualified applicants are available for an appointment
from an eligibility list, the Personnel Board may direct the establishment of a
merged eligibility list, wherein these applicants' scores are integrated with
those obtained from a newer and comparable testing process for the same classi-
fication Upon certification of the merged eligibility list, the previous eli-
gibility list for that classification is abolished A merged eligibility list
shall contain the date of original certification for each candidate Names
shall be removed after one (1) year from the date of original certification
unless the Personnel Board grants six (6) month extensions up to the additional
vear allowed (Res No 81 -92)
Section 3 Re- emplovment lists The names of probationary and perma-
nent employees who have been laid off shall be placed on appropriate re- employ-
ment lists in the order of their seniority Such names shall remain thereon
for a period of one year unless such persons are sooner re- employed
When a re- employment list is to be used to fill vacancies, the Personnel
Board shall certify from the top of such list the number of names equal to the
number of vacancies to be filled, and the appointing authority shall appoint
such persons to fill the vacancies Such person shall first be subject to a
new physical examination to determine if employee is able to perform the duties
of the job or employment
Section 4 Removal of names from lists The names of any person appearing
on an emplovment or promotionallist shall be removed by the Personnel Officer if
the e1' -gible requests in writing that his name be removed, if he fails to respond
to a notice of certification mailed to his last known address The names of per-
sons on promotional employment lists who resign from the service shall automati-
cally be dropped from such lists
When determined by the Personnel Officer or appointing authority that
only undesirable or poorly qualified candidates remain on the list and it is
advisable to establish a new list, the Personnel Board may abolish the existing
list. Before such action takes place, the Personnel Officer shall submit to
the Board the names on the existing list and the reasons for their undesirability
After interview and investigation, the appointing authority shall make
appointments from among those certified, and shall immediately notify the Per-
sonnel Officer of the person or persons appointed. The appointing authority
shall notify the person appointed, and if the applicant accepts the appointment
and presents himself for duty within such period of time as the appointing autho-
rity shall prescribe, he shall be deemed to be appointed, otherwise he shall be
deemed to have declined the appointment
Section 5 Temporary appointments In the absence of appropriate em-
ployment lists, a temporary appointment may be made by the appointing authority
of a person meeting the minimum training and experience qualifications for the
position An employment list shall be established within six months for any
permanent position filled by temporary appointment for more than thirty days
When a temporary appointment is to be extended, the Council shall direct the
City Clerk to record such action in the minutes of the meeting of the Council.
The Personnel Officer shall notify the Board of any temporary appointment and
any extension thereof
No special credit shall be allowed in meeting any qualification or in
the giving of any test or the establishment of any employment or promotional
list, for service rendered under a temporary appointment
Section 6 Emergency appointments To meet the immediate requirements
of an emergency condition, such as extraordinary fire, flood, or earthquake,
which threatens public Life or property, any legally competent officer or employee
may employ such persons as may be needed for the duration of the emergency without
regard to the Personnel Ordinance or rules affecting appointments As soon as pos-
sible, such appointments shall be reported to the Personnel Officer.
Section 7 Hourlv appointments Hourly employees shall be appointed by
the department head concerned with the approval of the Personnel Officer
Section 8 Emplovment under the Emplovment Act of 1971 Not withstanding
any provisions hereof to the contrary, personnel employed by the City of Lynwood
under the Emergency Employment Act of 1971 may be continued in the status of tem-
porary non - classified employees for the duration of the funding of such employment
under such Act (Res. 71 -83)
Section 9 Emplovment under the Comprehensive Employment and Training Act
of 1974 Not withstanding any provisions hereof to the contrary personnel employed
by the City of Lynwood under the Comprehensive Employment and Training Act of 1974
may be continued in the status of temporary non - classified employees for the dura-
tion of the funding of such employment under such Act (Res 75 -6)
EXHIBIT A
RULE IX
METHOD OF FILING VACANCIES
Section 1. Types of appointment: All vacancies in the
competitive service shall e filled by re- employment, transfer,
lateral entry, demotion, or from eligibles certified by the
Personnel Board from an appropriate employment or promotional
list, if available. In the absence of persons eligible for
appointment in these ways, temporary appointment may be permitted
in accordance with the Personnel Ordinance and these rules.
Section 2. Notice to Personnel Officer Whenever a vacancy
in the classified service is to be filled, the appointing author-
ity shall notify the Personnel Officer. The Personnel Officer
shall advise the appointing authority as to the availability of
employees for re- employment, request for transfer, or demotion,
and of eligibles on employment or promotional lists for the class.
In the event the vacancy to be filled is a position in the Fire
Department,the appointing authority may request that the position
be filled through lateral entry. If the Personnel Officer deter-
mines that said position can best be filled through the recruitment
of experienced personnel, the request of the appointing authority may
be granted.
Section 3. Order of certification Whenever certification
is to be made, the employment lists, if each exists, shall be
used in the following order: Re- employment lists, promotional
list, open competitive list: provided, however, that in the event
the Personnel Officer has agreed to fill the position through
lateral entry, said lists may be disregarded and a lateral entry
list may be used in place thereof. Whenever there are fewer than
three names on a promotional list or an open competitive list,
the appointing authority may make an appointment from among such
eligibles or may request the Personnel Board to establish a new
list. When so requested, the Personnel Board may authorize hold-
ing a new examination and establishing a new employment list.
Section 4. Appointment Whenever a promotional list or open
competitive list is to be used in the filling of a vacancy, the
Rule of Three shall apply. The Rule of Three requires the appoint-
ing authority to select from among the three top scoring candidates,
who are available for employment. For positions not specified in
Ordinance No. 671 Section 6 (a) of the Lynwood City Code, the Person-
nel Board may grant an exception to the Rule of Three if the appoint-
ing authority provides sufficient justification. Sufficient justifi-
cation for an exception shall consist of demonstrating that a candi-
date who is on the eligibility list but not among the top scoring
three candidates, has job - related experience, knowledge, skill or
ability that (1) can not be easily acquired within a two week train -
ina period and (2) would be beneficial to the City
After interview and investigation, the appointing authority
shall make appointments from among those certified, and shall
immediately notify the Personnel Officer of the person or persons
appointed. The appointing authority shall notify the person
appointed, and if the applicant accepts the appointment and pre-
sents himself for duty within such period of time as the appoint-
ing authority shall prescribe, he shall be deemed to be appointed;
otherwise he shall be deemed to have declined the appointment.
Section 5. Temporary appointments In the absence of appro-
priate employment lists, a temporary appointment may be made by the
appointing authority of a person meeting the minimum training and
experience qualifications for the position. An employment list
shall be established within six months for any permanent position
filled by temporary appointment for more than thirty days. when
a temporary appointment is to be extended, the Council shall direct
the City Clerk to record such action in the' minutes of the meeting
of the Council. The Personnel Officer shall notify the Board of
any temporary appointment and any extension thereof.
No special credit shall be allowed in meeting any qualification
or in the giving of any test or the establishment of any employment
or promotional lists, for service rendered under a temporary appoint-
ment.
Section 6. Emergency appointments To meet the immediate
requirements of an emergency condition, such as extraordinary fire,
flood, or earthquake, which threatens public life or property, any
legally competent officer or employee may employ such persons as
may be needed for the duration of the emergency without regard to
the Personnel Ordinance or rules affecting appointments. As soon
as possible, such appointments shall be reported to the Personnel
Officer.
Section 7. Hourly appointments Hourly employees shall be
appointed by the department head concerned with the approval of
the Personnel Officer.
Section 8. Employment under the Employment Ac of 1971: Not
withstanding any provision's hereof to the contrary, personnel employ-
ed by the City of Lynwood under the Emergency Employment Act of 1971
may be continued in the status of temporary non- classified employees
for the duration of the funding of such employment under such Act.
(Res. 71 -83)
Section 9. Employment under the Comprehensive Employment anc
Training Act of 1 Not wit standing any provisions hereof to
the contrary personnel employed by the City of Lynwood under the
Comprehensive Employment and Training Act of 1974 may be continued
in the status of temporary non - classified employees for the duration
of the funding of such employment under such Act (Res. 75 -6)
i
EXHIBIT A
RULE XI
ATTENDANCE AND LEAVES
Section 1 Annual vacation leave The purpose of annual vacation leave
is to enable each eligible employee annually to return to his work mentally re-
freshed. All employees in the classified service shall be entitled to annual
vacation leave with pay Employees not eligible for vacation leave with pay are
Employees still serving their original probationary period, or for Fire-
fighters serving the first six (6) months of a normally extended probationary
period, in the service of the City, however, vacation credits for the time shall
be granted to each such employee who later receives a permanent appointment
Employees who work on an intermittent or seasonal basis, and all hourly
employees
All employees represented by the Firefighters Association shall earn vaca-
tion credits at the rate of six (6) 24 hour fire shifts off after the first year
of service through the seventh year of continuous service Beginning with the
eighth year and through the fourteenth year of continuous service such employees
shall earn vacation at the rate of eight (8) shifts. Beginning with the fifteenth
year of continuous service and thereafter such Fire employees shall earn vacation
credit at the rate of nine (9) 24 hour fire shifts Effective July 1, 1983 the
Fire employees beginning their fifteenth year or more of continuous service shall
earn ten (10) shifts of annual vacation.
All other classified employees in the first through seventh year of con-
tinuous service shall earn vacation credit at the rate of ten (10) work days per
year. Beginning with the eighth through fourteenth year of continuous service
these employees shall earn vacation credit at the rate of fifteen (15) work days
per year. Beginning with the fifteenth year of continuous service and thereafter
these employees shall earn vacation credit at the rate of twenty (20) work days
per year
Each eligible employee shall be required to have served the equivalent
of one year of service in the City in order to be eligible for his full annual
vacation leave, provided, however, that after six months of service he may be
permitted to take vacation leave not to exceed seven calendar days In no
event, however, will paid vacation be granted in excess of earned vacation cre-
dits
The times during a calendar year at which an emplovee may take his vaca-
tion shall be determined by the department head with due regard to the wishes of
the employees and particular regard for the needs of the service Subject to the
provisions of the next paragraph, a non -fire employee eligible for vacation credit may,
not later than the first day of October of any calendar year, make a request of
his department head and the Personnel Officer, jointly, which request must be in
writing and in duplicate, one copy of which shall be filed in the Office of the
Personnel Officer and the other copy of which shall be filed with the department
head, for permission to defer taking not to exceed one week of the vacation time
to which he is entitled during the year the request is made and filed to the fol-
lowing calendar year. The department head and the Personnel Officer, acting
jointiv, or in their absence, or in case of their inability to act, for any reason,
the acting head of said employee's department, or the next in authority acting
jointly, shall, within five days after the filing of the request, give the
employee written notice of their decision, either to grant or to deny the re-
quest. If the request is granted the employee shall be entitled to said one
week's vacation during the calendar year immediately following the calendar
year the employee's request was filed, in addition to any vacation time to
which said employee is entitled during said calendar year to which the one week
has been deferred. Under no circumstances, however, may any employee accrue
more than twentv -eight (28) calendar days (20 working days) of vacation in one
calendar year
Employees eligible for vacation leave must take a minimum of one week of accrued
vacation time each time vacation is requested Deviation from this policy is
allowed only with the written approval of the department head and the Personnel
Officer, acting jointly This policy does not apply to the uniformed Fire service
In the event one or more municipal holidays fall within an annual vacation
leave, such holidays shall not be charged as vacation leave, and the vacation leave
shall be extended accordingly This provision does not apply to uniformed Personnel
in the fire department
Employees who terminate employment shall be paid in a lump sum for all
accrued vacation leave earned prior to the effective date of termination.
Overtime pay provisions Compensation for time worked over and above
the limits set forth in the Rules is provided in the Associations' Memoranda adopted
by the City Council to which reference is hereby made for greater particularity
Section 2. Sick Leave Sick leave with pay shall be granted by the City
Hanager at the rate of one (1) wo - k ley for each calendar month of service for
all civil service classified employees, except that the rate shall be six (6)
shifts per year for members of the Fire Department who work on a shift or platoon
system Sick leave earned prior to January 1, 1970 by Fire employees on a shift
or platoon system shall be converted to shifts using the factor of 1 90 days per
shift and any fraction of a shift exceeding one -half shift shall be credited as
a whole shift and anv fraction less than one -half shift shall be deleted. Sick
Leave shall not be considered as a privilege which an employee may use at his
discretion, but shall be allowed only in case of necessity and actual sickness
or disability
In order to receive compensation while absent on sick leave, Fire emplo-
yees on a shift or platoon system shall notify the immediate supervisor in accor-
dance with departmental policy and all other classified employees shall notify
the immediate supervisor (or the department in the case of department heads) prior
to, or within two (2) hours of, the time set for beginning duty, unless notifi-
cation is ph, impractical The City may require a physician's certificate
and release to return to work whenever there is reasonable cause to believe that
there has been an abuse of sick leave or when there is reasonable doubt as to the
emplovee's ability to perform his duties satisfactorily and safely The City
maintains the right to discipline any employee for excessive absenteeism.
At the time of resignation or termination (except for cause) after ten
years continuous service with the City, all classified employees will be com-
pensated for one- quarter of their unused sick leave which has been accrued to
the effective date of resignation of termination (except for cause) The method
of compensation shall be on a straight time pay basis at the rate of pay in
effect at the time of termination.
Accrual of sick leave shall be limited to a maximum of ninety -six (96)
work days, or forty -eight (48) work shifts for Fire employees on a shift system,
for which 507. compensation shall be received upon regular service retirement
Sick leave earned in excess of the 96 days (48 shifts) prior to July 1, 1974,
shall be retained and frozen effective June 30, 1974 and upon regular service
retirement, 50% compensation for said frozen sick leave shall also be received
25% of sick leave earned beyond the 96 days (48 shifts) or the frozen amount
shall be annually compensated to the employee at the end of each calendar year.
The remaining 75% of such excess sick leave remains on the books but shall be
used for actual sick leave purposes only and shall not entitle the employee
to any additional compensation Sick leave accrued beyond the 96 day (48 shift)
maximum or frozen amount after July 1, 1974 shall be used by the employee prior
to use of sick leave earned prior to that date The method of compensation
shall be on a straight time pay basis at the rate of pay in effect at the time
of regular service retirement
In no event will sick leave with pay be granted in excess of that which
is accrued.
Under the provisions of the Worker's Compensation Insurance and Safety
Act of California, employees are compensated for injuries sustained in the
course of employment, rendering them unable to perform their duties The City
of Lynwood provides 90 day salary continuance to a full -time general or manage-
ment employee who is disabled by injury or illness arising out of or in the
course of his duties and time off work due to the on- the -job injury is not deduc-
tible from accumulated sick leave for a period not to exceed ninety (90) days
After the 90 day period compensation shall be only as provided in the Worker's
Compensation Insurance and Safety Act
Section 3. Military leave Military leave shall be granted in accor-
dance with the provisions of State law. All emplovees entitled to military
leave shall give the City Manager an opportunity within the limits of military
regulations to determine when such leave shall be taken
Section 4 Leave of Absence A full -time employee with at least one (1)
year of continuous service may be granted an unpaid leave of absence of up to
thirty (30) days due to injury or illness, other than job - related, upon presenta-
tion of a certificate by the employee's physician stating the necessity for such
Leave Such leave may be extended for successive periods of up to thirty (30)
days each upon presentation of a certificate by the employee's physician stating
the necessity for such extensions. Such unpaid medical leave shall not exceed
one !:und and eighty consecutive days An employee returning from such medical
leave shall present a certificate by the employee's physician stating that the
employee is able to return to work. The City may, whenever it appears justified,
independently verify the physician's statements provided for in this section
During the term of such medical Leave, the City shall continue to pay the health
insurance premiums for the empLovee only A full -time employee with at least one
(1) -ear of continuous service may be granted an unpaid leave of absence for
other legitimate purposes with the possibility of extensions where extenuating
circumstances are shown- For general employees and Fire personnel on a shift
system such unpaid leave of absence may be granted for a period of up to
thirty (30) days and any extensions would also be in successive periods of
up to thirty (30) days All requests for leaves of absence must specify a
date of return
Employees who have been granted an unpaid leave of absence for any
purpose shall not accrue benefits during the term of such leave. All re-
quests for unpaid medical or military leave must be in writing to the Depart-
ment Head and approved by the City Manager. All other requests for unpaid
leave must be approved by the City Council. Upon expiration of a regularly
-approved leave, the employee shall be reinstated to the position held at the
time leave was granted Failure on the part of an employee on leave to report
promptly at the expiration of such leave shall be considered a voluntary resig
nation unless acceptable reason is given It is the responsibility of the
employee to notify and obtain approval from the City Manager if they are unable
to return on the specified date.
Section 5 Hours of work All
special regulations are required, shall
of the year except Saturdays, Sundays,
until 5 p m
offices of the City, except for which
be kept open for business on all days
and holidays, continuously from 8 a.m.
Public Works employees who are at a job site in the field are prohibited
from returning to the City Yard for break time, and are directed that they remain
at their job site for break time (Res 76 -77)
Members of the Fire Department shall work a fifty -six (56) hour schedule
consisting of three (3) twenty -four (24) hour shifts in each nine day work cycle
(commonly referred to as a 3 on - 4 off schedule) which schedule shall average
121.75 shifts per calendar year consisting of 2,922 hours. Members of the Fire
Department are subject to call at all *times and shall not be permitted to go off
duty during the progress of a fire without permission of the Fire Chief.
All classified City employees, except members of the Fire Department
shall work five (5) eight (8) hour shifts per week, Monday through Friday,
except as determined by other resolutions and ordinances enacted by the City
Council and by directives of the City Manager acting within the framework of
said resolutions and ordinances
Section 6 Attendance Employees shall be in attendance at their work
in accordance with the rules regarding hours of work, holidays and leaves.. If
an employee is unable to report to work, he must notify his immediate supervisor
in accordance with departmental policy Failure to do so may result in discipli-
nary action Any employee who is unable to report to work for a period in excess
of ten (10) working days or two (2) shifts for Fire shift personnel must be on
paid leave status (vacation, holiday or sick leave) or must apply to the Depart-
ment Head for an unpaid leave of absence Failure on the part of en employee,
absent without leave, to return to duty within 24 hours after notice to return
shall be deemed a resignation unless acceptable reason is given Such notice
to return shall be sent by registered mail to the addressee only, return receipt
requested. It is the responsibility of .the employee to notify the supervisor
and the personnel Department of any change of address or telephone number
The following department head shall keep daily attendance records of
employees The Chief of the Fire Department The Personnel Officer may, within
his discretion, make written requests to the head of any or all departments that
they keep daily attendance records of employees in the department. When said re-
quests are filed with the department heads they shall forthwith comply with said
request and continue to do so until notified, in writing, by the Personnel Officer
that said records will no longer be required The Personnel Officer may, however,
in his discretion, request the department head to follow some other method of
recording attendance of employees, whereupon the department head shall comply
All such requests by the Personnel Officer shall be in writing and filed in the
office of the department head The Personnel Officer, acting within his discre-
tion, may request that such attendance records of employees as required or reques-
ted by him, shall be reported to him by the department head at such intervals and
in such form as the Personnel Officer shall designate, provided, however, that said
time of reporting and the form thereof shall, as far as possible, be standard and
uniform
Section 7. Holidays Municipal offices, except Fire stations, shall be
closed on the following holidays New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day
When a holiday falls on Sunday, the following Monday shall be observed, and when
a holiday falls on Saturday, it shall be observed on the preceding Friday
Holidays for Fire personnel and floating holidays and personal leave day
for general and management employees are as specified in Memoranda of Under-
standing
Section 8 Bereavement Leave In the event of a death in the employee's
immediate family, the City Manager may grant a three day bereavement leave with
pay to full -time general and management employees Subject to the Fire Chief's
discretion and approval, Fire employees, who work on a shift system, may be allowed
up to two full shifts in the event of a death in the employee's immediate family
"Immediate Family" is defined as mother or father or grandparents of employee or
mate, mate, brother, sister, children or grandchildren of employees
EXILIBIT A
RULE XIII
TRANSFER, PROMOTION, DEMOTION
SUSPENSION, AND REINSTATEMENT
Section 1 Transfer After notice of the Personnel Officer and sub-
ject to the provisions of the Personnel Ordinance, an employee may be trans-
ferred by the appointing authority at any time from one position in the same
or comparable class If the transfer involves a change from the jurisdiction
of one supervising official to another, both must consent thereto unless the
City Council orders the transfer for purposes of economy or efficiency Trans-
fer or reduction, each of which may be accomplished only as provided in the Per-
sonnel Ordinance and in these rules No person shall be transferred to a posi-
tion for which he does not possess the minimum qualifications
Section 2 Promotion In so far as practicable and consistent with
the best interests of the service, all vacancies in the classified service shall
be filled by promotion from within the classified service, after a promotional
examination has been given and a promotional list established
Section 3 Demotion The appointing authority may demote an employee
whose ability to perform his required duties falls below standard, or for dis-
ciplinary 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 possess 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 demotion, and a copy filed with the Personnel Officer
Section 4 Suspension The appointing authority may suspend an emplo-
yee from his position at any time for the good of the service, for a disciplinary
purpose, or for other just cause. Suspensions shall be reported immediately to
the Personnel Officer and the Personnel Board, by the appointing authority
Section 5 Reinstatement A classified service employee who resigns
in good standing may apply within one (1) year after resignation for reinstate-
ment to the current eligible list for the 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 appro-
priate eligible list In the event to rehire, seniority will be established
from the latest hiring date.
EXHIBIT A
RULE XV
DISCIPLINARY ACTIONS, APPEALS AND HEARINGS
Section 1 Pre - Discipline Requirements Disciplinary actions involving
the suspension, reduction in pay, demotion or dismissal of permanent classified
employees will not be imposed unless due process requirements have been met.
Before a decision is made to take disciplinary action, the following procedure
should be observed
The authority proposing a disciplinary action, most frequently the emplo-
yee's supervisor, will complete a Notice of Disciplinary Consideration This
Notice will include the proposed actions, the reasons, and a date for employee
response based on the complexity of the charges, and supporting documentation,
which will be attached The Notice will be given to the employee in person when-
ever possible and the employee's signature obtained to indicate receipt If the
employee is absent from the work site, the Notice may be sent by registered mail.
A copy of the signed Notice or the Notice and registered mail receipt will be given
to the Personnel Department If dismissal of the employee is being considered, a
copy of the Notice must also be forwarded to the City Manager.
The employee and /or a representative may respond in person and /or in
writing in keeping with the scheduled dates. An extension of the deadline may
be requested and will be granted by the initiating authority if the request appears
justified and reasonable
The authority proposing discipline, and the relevant Department Head, if
different from the original authority, will reconsider the proposed disciplinary
action taking into account the employee's response, if any The relevant Depart-
ment Head takes final responsibility for the decision except that in cases of pro-
posed dismissal the approval of the City Manager must be obtained. Within 5 working
days from the employee's response date, a decision shall be made Written notice
of this decision shall be given to the employee in person obtaining his or her
signature or, if the employee is unavailable, sent by registered mail within 2
working days from the date of decision This letter of decision will specify rea-
sons for the decision, cite appropriate documentation and inform the employee of
the appeal procedure and applicability of Section 1094 6 of the Code of Civil
Procedure limiting the time within which legal actions must be commenced A copy
of the decision letter will be forwarded to the Personnel Department and in cases
of dismissal to the City Manager
Section 2 Investigatory Leave On the rare potentially disciplinary
occasions when an employee must be immediately removed from the work place, the
employee is placed on investigatory leave and dismissed from the work area Writ-
ten confirmation of the leave, including the reasons and the proposed duration,
must be given in person obtaining the employee's signature or sent by registered
mail to the employee withn 48 hours
During the period of investigatory leave the initiating authority will
investigate the incident and document the circumstances requiring the employee's
removal from the work site No more than 5 work days shall pass before a Notice
of Disciplinary Consideration is completed and provided to the employee as des-
cribed above or the investigation is concluded with no disciplinary measures
appearing warranted Restitution will be made for investigatory leave time if
disciplinary action is not proposed and subsequently taken If disciplinary
action is considered and later adopted, the measure will usually include sus-
pension for as much of the investigatory leave time as befits the offense
Section 3 Records Purging Records of warning letters and disciplinary
actions for less serious offenses may be destroyed upon the employee's request
after three consecutive years during which there have been no further incidents
similar or related to the reasons for the letters of disciplinary actions on other
grounds Examples of less serious offenses would include poor performance, inade-
quate personal appearance, lack of cooperation or courtesy, tardiness, absenteeism,
carelessness, et:
Records for more serious offenses remain in the employee's file unless
after 10 years the employer and employee agree to purge such file items
Section 4 Complaints Any permanent employee in the classified service
shall have the right to appeal to the Personnel Board relative to any disciplinary
action, suspension, dismissal, demotion, reduction in pay, alleged discrimination
as defined in Rule II of the Personnel Rules and Regulations, or alleged violation
of the Personnel Ordinance or Personnel Rules and Regulations
Failure on the part of the authority taking disciplinary action to provide
the prediscipLinary safeguards prescribed in Rule %V, Section 1 and 2 above will
void the initiating action The disciplined employee shall fully comply with all
the provisions of the appeal procedure set forth below, and the employee's failure
to do so will bar the right of appeal The employee may request the assistance of
a representative of his own choosing in preparing and presenting his appeal or com-
plaint Either party may invite persons with relevant information to be present.
For purposes of this procedure "working days" refers to Monday through Friday, 8 00
a m to 5 00 p m , and excludes weekends and holidays
Allegations of discrimination and of specific violations of the Personnel
Ordinance or Rules and Regulations, which are not part of disciplinary actions,
shall first be submitted through the chain of command Only if satisfaction is
not attained at the immediate supervisory and subsequently Department Head level
shall the employee utilize the appeal procedure set forth below for such alle-
gations It is the employee's responsibility to provide the immediate supervisor
with a verbal statement of the protested act and the remedy sought within five
(5) working days of the alleged incident or of the date that he should have been
reasonably expected to have had knowledge of the incident. The supervisor will
respond within two (2) working days. If the employee wishes to pursue it further,
the complaint must be reduced to writing by the employee, fully stating the facts
surrounding the incident, signed and dated by the employee and presented to the
Department Head or, in his absence, the designee within five (5) working days
A copy should be given to the Personnel Manager
The appeal procedure is as set forth below
Within five (5) working days after receiving the Department's decision
to impose discipline or after the response of the Department Head (or designee)
concerning alleged discrimination or violation of Personnel Rules, the employee
ma- request in writing, attaching copies of all related material, that the Per -
sonneL Manager review the action
Within five (5) working days, the Personnel Manager, or a designee in
the Personnel Manager's absence, shall conduct whatever investigation is deemed
necessary and meet with the employee and his representative, if any within five
(5) working days following the meeting the employee and the Department Head in-
volved shall be provided with the written decision of the Personnel Manager. In
disciplinary cases, this written decision shall include notice of the applicabi-
lity of Section 1094.6 of the Code of Civil Procedure limiting the time within
which legal action must be commenced
Within five (5) working days after receipt of an unfavored decision
from the Personnel Office, the employee may request in writing, attaching copies
of all related material, that the City Manager review the action.
Within ten (10) working days the City Manager or, in his absence, his
designee shall meet with the employee and his representative, if any The
City Manager's written decision shall be provided to the employee, involved Depart-
ment Head and the Personnel Manager within five (5) working days after the sche-
duled meeting This notice must include notice of applicability of Section 1094 6
of the Code of Civil Procedure.
Within five (5) working days after receipt of an unfavorable decision
from the City Manager or, in his absence, his designee, the employee may file a
- written demand with the Personnel Department requesting a hearing before the
Personnel Board. Within thirty (30) calendar days after the filing of such demand
the Personnel Board shall conduct a hearing in the matter Neither party shall
attempt to influence the Personnel Board prior to the hearing however, written
arguments and documentation may be submitted in advance
If extenuating circumstances warrant, the Personnel Manager may grant
an extension to any of the deadlines specified above.
Section 5. Investigations and Hearings In all hearings the applicable
provisions of the Personnel Ordinance shall apply
Whenever a hearing regarding discipline is to be held, the Personnel
Officer shall notify the person requesting the hearing and the appointing autho-
rity from whose action the appeal is being taken, of the date, time, and place
of the hearing, and shall publicly post at such places as the Personnel Board
shall prescribe, a notice of the date, time, and place of hearing
The Personnel Board may adjourn a hearing from time to time on its own
initiative or at the request of either party to the appeal
Unless incapacitated, or for other reasons acceptable to the Board,
appellant shall appear personally before the Personnel Board at the hearing,
and he or she may be represented by any person or attorney he or she shall se-
lect
Upon the conclusion of any investigation or hearing, the Personnel Board
shall, within ten (10) days, cause its findings and recommendations to be pre-
pared in writing, including notification of the applicability of Section 1094 6
of the Code of Civil Procedure limiting the time within which legal actions must
be commenced Such findings shall be countersigned and filed as a permanent
record by the Personnel Officer. The Personnel Officer shall deliver _a certi-
fied copy of such findings and recommendations to the City Council and to any
other officer or employee affected by such findings and recommendations, or
from whose action the appeal was taken
Any members of the Personnel Board may submit a minority or supple-
mental report which shall be filed as a permanent record by the Personnel
Officer
Section 6 Informal board hearings regarding working conditions
The Personnel Board may informally hear employee suggestions or complaints
relative to conduct of examinations, fringe benefits, working conditions and
other matters relative to employer - employee relationships Such a request for
hearings shall be made in writing and shall fully set forth all the facts sub-
stantiating the request in order that the Board may be fully informed in the
matter Copies of the request shall also be sent to the Department Head and
the City Manager The employee must have followed all steps specified in the
Grievance Procedure of the relevant Memorandum of Understanding prior to re-
questing a hearing before the Personnel Board.
While the Board has no authority to make any judgement in the matter,
it may recommend a course of action to the appointing authority or employee.
It is not the intent of this section that the Board will act as a grievance
committee in minor personnel matters normally handled by the Department Head.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss.
I, the undersigned, City Clerk of the City of
Lynwood, do hereby certify that the foregoing resolution
was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the
5th day of October 1982,
AYES': Councilmen Byork, Green,, Morris, Rowe, Thompson
NOES: None
ABSENT: None
City Clerk, City of Lynwood