Loading...
HomeMy Public PortalAboutM 2014-05-31 - CC SPLYNWOOD CITY COUNCIL SPECIAL MEETING May 31, 2014 Item #1. CALL TO ORDER The City Council of the City of Lynwood met in a special meeting in the Senior Center, 11329 Bullis Road, Lynwood, CA on the above date at 9:10 a.m. Mayor Castro presiding Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK Alicia Duarte, Executive Assistant to the City Clerk announced that the agenda had been duly posted in accordance with the Brown Act. Item #3. ROLL CALL PRESENT: COUNCIL MEMBERS SOLACHE, HERNANDEZ AND CASTRO ABSENT: COUNCIL MEMBERS ALATORRE AND SANTILLAN -BEAS STAFF PRESENT: City Manager Magana - Withers and City Attorney Garcia. Item #4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Garcia. Item #5. INVOCATION The Invocation was given by Mayor Pro Tern Hernandez. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE CITY COUNCIL ORAL AND WRITTEN COMMUNCIATION NONE NEW /OLD BUSINESS City Manager Magana - Withers introduced the workshop facilitators, Henry Garcia of Performance Management Consulting and Rhonda Strout of Human Resources Dynamics. She stated that the presentation will also serve as an Ethics Training session for those that need their participation hours. Council Member Solache stated for the record, "We are doing it reverse also because two of us already participated like the Mayor said and I have an eleven o'clock commitment for work related and I will be leaving at ten forty- five ". Ms. Strout introduced herself and provided background of her career in Human Resources. She mentioned that Human Resources responsibilities have changed very much over the years and it's now more focused on employee and labor relations. She began her Power point presentation and provided information on the following topics: Personnel Investigations • When is an investigation needed? • What type of issues may be involved? • Where are employee complaints submitted /received? • Where should the complaints go? • Who should be involved in the investigation? • What is the purpose of an investigation? • What are the State and Federal Laws requiring investigations? • How is the investigator selected? • What are the key characteristics of an effective investigation? • What is the investigative process? • How are results communicated? Note: Please see attached copy of the Power point presentation. The City Council took a recess at 10:49 a.m. and Council Member Solache left the workshop. Mayor Castro stated for the record "After Mr. Solache leaves it is informational only no directives will be given ". The workshop reconvened at 11:01 a.m. Mr. Garcia presented the second portion of the workshop and provided information on the following topics: • Promoting Personal /Organizational Ethics • When Ethical Problems Exist...... How Should Elected Officials Deal with the Problem • Governmental Transparency • Council Rules/ Responsibilities Note: Please see attached agenda. ADJOURNMENT Having no further discussion, Mayor Castro adjourned the special meeting at 12:18 p.m. �1 i i Aide Castro, Mayor r � Maria Quinonez, Ci y Clerk City of Lynwood Ethics and Procedures Workshop May 31, 2014 L Promoting Personal /Organizational Ethics • What is Ethics/The Right Thing To Do • Types of Ethical Dilemmas • Personal Cost • Right Versus Right - Ethical Dilemmas • Sorting Through Ethical Dilemmas • Promoting a Culture of Ethics • Lead by Example • Adopt a Code of Ethics • Hire Based on Ethics ■ Human Resources as a Vehicle For Ethics Training ■ Dialogue Ethical Situations 11. When Ethical Problems Exist......How Should Elected Officials Deal With the Problem • Stop and Examine Motivations • Figure Out What the Wrong Might Be • Determine Consequences • Determine Whether an External Enforcement Agency is Necessary • What Steps Should Occur Ill. Governmental Transparency • Brown Act • California Public Records Act • Political Reform Act IV. Council Rules /Responsibilities • HR Issues ■ Personnel Investigations ■ Privacy Issues in the Workplace ■ California Public Records Act ■ Other Employee Protections ■ Councilmember Responsibilities — Employee Relations • Relationship with City Manager • Relationship with Staff • Ins /Outs of Council Behaviors • Want to Innovate your Government..... Focus on Culture A w"M T,N, Part 1 — Personnel Investigations Part 2 — Privacy Issues in the Workplace Part 3 — California Public Records Act Part 4 —Other Employee Protections Part 5 — Councilmember Responsibilities — Employee Relations When is an investigation ® Customer /Vendor /Constituent Complaint ® Anonymous Letter/ Complaint * Direct Witness/ observation Third -Party Information a An employee is suspected of misconduct ® Any violation of a rule When 'i's an investigation • An employee files a formal complaint or grievance • An employee reports a questionable situation, but says he or she does not want to make any trouble • An employee's morale, behavior or performance mysteriously declines "General Duty" obligation - any employer who either knows or should know about a discrimination, harassment, threat, or safety problem faced by an employee is to take prompt and effective remedial action to put an end to the problem Where are employee f m e a s + ? submitted/received City Manager Department Heads Supervisor/ Manager Customer Service Personnel Elected Officials Human Resources Where the om p a a a a, a, go.? Administrative determination Recommend internal "centralization" of complaints — critical to coordination, tracking, credibility, resolution and consistency Human Resources for all employee complaints Who should be involved in the investigation? Discrimination, Harassment, Threats — Human Resources Violations of Work Rules/ Safety —Human Resources, Department Head, Manager/ Supervisor Workplace Theft, Vandalism —Human Resources, Department Head & Police What .... e .� r purpose ,e an 11 investigation Investigations are a "tool" to ascertain the facts The main purpose of any investigation is to provide a sound factual basis for decisions by management The investigation should also produce reliable documentation that can be used to support management actions ® The investigation should reveal whether any misconduct has occurred, identify specific employees who are suspected or guilty of misconduct, and put a stop to further wrongful actions Employers that fail to investigate situations usually lose claims or lawsuits brought by the employee or complainant in response to the problem What is the purpose of an investigation'? • Uphold organizational values and ethical standards • Ensure credibility to tax payers /constituents • Ensure credibility to workforce — "no tolerance" • Based on the facts, appropriate and consistent action can be'- determined administratively Is Consistency in treatment of employees — similar punishment for similar crime What are the State a Federal requiring investigations.? Job discrimination laws — Civil Rights Act of 1964 (Title VII), the ADA, the ADEA and FEHA * Health and safety laws — OSHA — employers must investigate problems and prevent future similar problems; prevention of workplace violence — employers have a duty to investigate threats and prevent acts of violence in the workplace to the extent possible Drug -free workplace laws — Drug -free Workplace At of 1988; DOT drug testing regulations ® Background and credit checks — in order to minimize liability for negligent hiring or negligent retention, employers must investigate employee' backgrounds — Fair Credit Reporting Act requirements may apply How . u �► e � �° a selected? ® Each problem is evaluated on a case -by -case basis which is determined based on severity, complexity and scope Routine performance issues and violations of work rules are generally handled by the supervisor /manager Allegations of harassment or discrimination are generally investigated by Human Resources or by an independent outside investigator ® Allegations of theft, vandalism, or fraud are typically investigated by. an independent outside investigator and/or in coordination with the Police Department What are the r effective investigator.? Investigator must be knowledgeable about state and federal employment laws Must uphold the privacy rights of employees and others Must be able to conduct a thorough investigation, but without letting it drag on too long Must be objective, credible, respected and regarded as "fair and impartial" ® Must focus on the ultimate goal — discovering the facts (corroboration) so that management can take corrective action(s) Must be able to stand up in court if called upon to testify in a lawsuit What is the investigative process Organization must move quickly to avoid potential influence or forgotten details ® Identify witnesses * Identify pertinent documents ® Organize list of questions and order of interviews 4 Develop written report and tie all the various facts and documents together Present findings to management Management takes corrective action, up to and including termination i a q d Complainant - receives a "closure" letter notifying that the investigation is over and that "appropriate action" has been taken Accused — receives a "closure" letter that the matter is unfounded, OR receives a disciplinary notice, depending on the level of severity of the findings City Council — generally only receives updates on matters of litigation, or items that an employee has made public through their own actions (e.g. media or public comment at Council meetings) Part 2 - Privacy Issuesin the Workplace ,a p 5 t Employees have the "Right to Privacy" — as defined by the California Constitution, and other laws that specifically mandate that personnel records and files, including personnel investigations, be kept confidential and further limit disclosure of such records in only certain limited circumstances The California Supreme Court has noted that the desirability of confidentiality in personnel matters does outweigh the public interest in openness .a n Municipal employers have the "duty and obligation" to maintain the confidentiality of personnel files and to resist attempts at unauthorized access ® Employees have the right to keep private facts about themselves and their families confidential B Consists of the disclosure of private facts about a person Is Two main elements: • The information contains highly intimate or embarrassing facts about a person's private affairs such that its release would be highly objectionable to a reasonable person; and • The information is of no legitimate concern to the third parties to whom the information was released Since investigations often reveal highly intimate or embarrassing facts about people, especially in the case of sexual harassment, the information must be kept completely confidential by the employer and all who are involved in the investigation i i W WT Employees' personnel files should be accessed only by those who have a job - related need to know the information: ® All information relating to an employee's personal characteristics or family matters is private and confidential ® Information relating to an employee should be released only on a "need -to- know" basis, or if a law requires the release of the information ® All information requests concerning employees should go through a central information release person or office (Human Resources/ City Attorney) 9. Fiersonnel files - Public a • Peace officer personnel records have greater protection and are protected under penal code • Personnel records are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery • Personnel records of peace officers can only be disclosed to a third party with either the peace officer's consent or by court order Police Officers' Bill of Rights (POBOR) — generally makes peace officer personnel records confidential, allowing disclosure in criminal and civil proceedings only after a Pitchess motion. Grievance and investigation records Maintained separately from the personnel file, because they often contain embarrassing, confidential or extremely private information about employees that could give rise to a defamation or invasion of privacy lawsuit if such facts were known and discussed by others within the organization Such files should be carefully controlled by HR Director, with limited access by others Part 3 - California Public Records Apt (CPRA) a Public `, c o • Act * Created to provide transparency to the public o The CPRA affords agencies a variety of discretionary exemptions which they may utilize as a basis for withholding records from disclosure The law requires determining the balance between the employee's invasion of privacy as compared to the public's need /interest in the information 0 The privacy interest would need to outweigh the public interest to exempt the disclosure of the record C _ s Public Records �ar Exemptions are typically for personnel, medical, or similar records that refer to intimate or personal information which an individual is required to provide to a government agency frequently in connection with employment is exempt 0 Information such as an individual's qualifications, training, or employment background which are generally public in nature, ordinarily are not exempt G""*alifornia Example • City of Riverside — between 2011- 2014) 375 requests to one department from only three (3) members of the public * Cost = $151,000 in staff time (1,700 hours) of lost productivity $2,025 recovered in copying costs �e r A Other Employee , [1, M-M, 11'711F 110W • Consists of communicating false information about a person to a third party, either intentionally or with reckless disregard for its falsity • Organizations can be liable to any of its employees about whom false information is released if it makes the information known itself or negligently allows the false information to be released • Employers must be extremely careful with the information that often results from investigations • Employees under investigation must not be talked about in ways that could generate defamation liability for the employer ® Managers should never say or write anything about an employee that cannot be proven with reliable documentation m Jill c Employers are prohibited from retaliating in any way against employees who file claims or who assist in the filing or investigation of claims Employers must take great care when investigating employees to ensure that the company does not take any unwarranted action against the employee that might appear to be retaliation for filing a complaint or claim Managers must know when to "back off " with an employee who is involved in a claim 1, 3 Councilmember Responsibilities Mayor & Councilmember Responsibilities - Employei The City Manager has the authority to appoint, remove and demote any and all officers and employees of the City The City Manager has the duty to investigate complaints, accusations of misconduct or any other actions by City employees The City Council's role in personnel matters is limited and /hence, it has no greater access to this information than the public The City Council has no legitimate business need to view or obtain a copy of the public employee's personnel file or to obtain information from within a personnel file from someone with knowledge of its contents a .. Councilmember Responsibilities € ate. Do's: Report all complaints received to the City Manager Provide an expectation that all complaints are properly investigated Receive any updates that the City Manager and City Attorney deems appropriate Maintain utmost confidentiality related to personnel information received to avoid placing the organization at risk Maintain employee rights to privacy by not asking for updates on specific personnel matters Mayor & Councilmember $ o e Relations Do's: ®Receive, as desired, statistical updates related to Employee Relations matters Assure constituents that the matter will be investigated and "appropriate action will be taken" Don'ts: *Attempt to "help" with any personnel investigations *Take sides *Repeat information you've heard that may defame an employee's reputation , ! ` � � W . .....�« � /.! « .� �� . w. w: