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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