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RESOLUTION NO. 78-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON ARRIVING AT A DETERMINATION OF ALL MATTERS
WITHIN THE SCOPE OF REPRESENTATION FOR THE FISCAL
YEAR 1978-79 BETWEEN THE CITY OF CARSON AND THE
MANAGEMENT AND CONFIDENTIAL, PROFESSIONAL, AND
CLERICAL AND TECHNICAL UNITS REPRESENTED BY THE
CARSON EMPLOYEE'S ASSOCIATION
WHEREAS, the representatives of the City of Carson have
met and conferred in good faith with the Carson Employee's Assoc-
iation; and
WHEREAS, after meeting and conferring for a reasonable
period of time, City representatives and Carson Employee's Assoc-
iation has failed to reach agreement; and
WHEREAS, local regulations provide procedures for the
City Council of Carson to resolve an impasse prior to adoption
of the final City budget for the 1978-79 Fiscal Year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carson after fully considering the presentations
made by the Carson Employee's Association on behalf of the em-
ployees in the management and confidential, professional, and
clerical and technical units that the Council hereby determines
wages, hours, and other terms and conditions of employment for
management and confidential, professional, and clerical and
technical employees for the 1978-79 Fiscal Year. A copy of said
determination is attached hereto, marked Exhibit "A", and made a
part hereof.
PASSED, APPROVED an
1978.
AT`TES�T_�:
j 1� }
City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON }
d ADOPTED -is 17th day of July,
�- .tit
M OR
t
I, Helen S. Rawagoe, City Clerk of the City of Carson,
California, do hereby certify that the whole numher of members of the
City Council of said City is five; that the foregoing resolution,
being Resolution 78-126, was duly and regularly adopted by the City
Council of said City at a regular meeting of said Council, duly and
regularly held on the 17thday of July, 1978, and that the same
was so passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Bridgers, Marbut, Smith, Cafas and Yamamoto
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: ,None
Clerk, City of Tarson,'Californ
Res. No. 78-126
EXHIBIT"ALTO RESOLUTION 78-126 ADOPTED BY
THE CITY COUNCIL OF THE CITY OF CARSON
ENTITLED DETERMINATION OF WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
1978-79 FISCAL YEAR BETWEEN THE CITY OF CARSON
AND THE MANAGEMENT, PROFESSIONAL, AND CONFI-
DENTIAL UNIT, AND THE CLERICAL AND TECHNICAL
' UNIT REPRESENTED BY THE CARSON EMPLOYEE'S
ASSOCIATION.
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Res. No. 78-126 L O T -0)
PREAMBLE
Pursuant to Chapter 10 (Section 3500 et seq.) of Division 4,
Title 1 of the Government Code and Resolution 73-216, the
Employer -Employee Relations Resolution of the City of Carson,
the matters within the scope of representation that are set
forth in this Resolution have been discussed by and between
representatives of the City of Carson (hereinafter called the
"City"), and representatives of the Carson Employee's Assoc-
iation (hereinafter called the "Employee Organization" or
"Organization"), in an endeavor to reach agreement on matters
within the scope of representation prior to the adoption by
the City of its final budget for the Fiscal Year 1978-79. The
City continued these discussions for a reasonable period of
time in order to exchange freely information, opinions and
proposals. However, the City and the Employee Organization
failed to reach agreement.
The City has adopted reasonable rules and regulations after
consultation in good faith with Employee Organization rep-
resentatives for administration of employer-employee relations.
The provisions of the Employer -Employee Relations Resolution
of the City provide for resolution of impasses by the City
Council in the event that both parties do not reach agreement.
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Res. No. 78-126
ARTICLE I
COMPENSATION
SECTION 1 - WAGES:
1.1 The City shall have the exclusive right to determine City
policy concerning any partial relief provided by State law
from temporary difficulties brought about by the approval of
Proposition 13 at the June 6, 1978, election. Except as
otherwise provided by any such law made applicable to the
City by action of the City Council, the Compensation Plan
shall be adjusted upward by 3.00% over the 1977-78 Fiscal
Year Compensation Plan.
1.2 The position of Assistant Community Development Director shall
be eliminated from the Classification Plan, and the position
of Community Development Manager shall be added to the Classif-
ication Plan. The incumbent employee shall be reallocated from
the position of Assistant Community Development Director to
the position of Community Development Manager due to substantial
changes in the kind, difficulty,axd responsibility of the duties
performed. The salary for the position of Community Development
Manager shall be allocated to pay range 36. Such reallocation is a
change made in recognition of special and unusual circumstances.
The pay rate for the incumbent employee who occupies the position
Of Community Development Manager shall not be reduced or adjusted
upward as a result of this reallocation. At such time as the pay
rate for pay range 36 exceeds $2826 per month, his pay rate will
be adjusted upward in accordance with City rules and procedures.
1.3 Criteria considered in wage adjustments include:
Total compensation analysis (direct monetary cost);
Labor P4arket conditions;
Cost of living analysis;
Financial condition of the City.
SECTION 2 - METHOD OF PAYMENT:
2.1 Wages shall be paid on a bi-weekly basis on alternate Fridays.
In the event that payday falls on a holiday, the pay checks
shall be made available on the preceding day.
SECTION 3 - ACTING APPOINTMENT PAY:
3.1 Definition: An acting status employee is an employee who is
appointed to perform the responsibilities of a vacated or
newly created, full-time position of a higher level than that
currently held by the employee. A vacated position shall mean
one which the incumbent employee has been given extended leave
of five (5) working days or more, or has separated from the
service.
a. The appointing authority for acting appointments will be
the Personnel Officer.
b. Acting appointments may be made only to fulfill the
responsibilities of the vacated position until such
time that an appropriate selection procedure is held
and a permanent appointment is made, or until such time
that the incumbent has returned to duty.
C. Acting appointments may not be extended for a period
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Res. No. 78-126
greater than ninety (90) days without special approval
of the Personnel Officer.
d. Acting appointments may not be made in excess of author-
ized strength or budgeted funds without approval of the
City Council.
e. Upon assignment of acting duty status, the employee will
begin to earn a wage which is equal to Step A of the wage
assigned to the acting position, but shall at all times
receive at least 5% above the salary of the employee's
permanent position.
f. While working in an acting capacity, the employee will
continue to accrue, and have recorded, general, special
or normal step increases in the employee's permanent
position. However, such increases will be paid only to
maintain a minimum 5% differential above the wage to
which an employee is entitled in his/her permanent
position.
g. No request for reallocation or temporary appointment
shall be considered in situations where the work assign-
ment is five (5) or less work days in duration_.
h. No employee will be removed from acting appointment
except for legitimate reasons pursuant to this Resolution,
return to work of the incumbent employee, or hiring or a
new employee for the position.
SECTION 4 - HOLIDAY PAY:
4.1 An employee who is required to be on duty on a holiday shall
be entitled to two and one half (22) times his/her regular
rate of pay.
4.2 In order for an employee to be eligible for holiday pay, the
employee must work the full scheduled work day immediately
before and after the holiday; provided, however, that if the
employee's absence on either of such days is due to emergency
leave, sick leave, or other leave for which proper written
permission is granted, the employee shall receive holiday pay.
4.3 In the event that the Mayor and/or the City Council declares
a portion of the day before Christmas (December 24) and/or
a portion of the day before New Year's Day (December 31) a
holiday such off duty time shall be considered holiday leave.
Such time off must be taken when granted and cannot be accrued.
Employees absent or on leave when such time is granted shall
not receive compensatory time off or additional pay to compen-
sate for not receiving this special leave.
SECTION 5 - JURY DUTY PAY:
5.1 An employee who is duly summoned to attend any Superior or Mu-
iikcipal Court for the purpose of performing jury service or
as a result of an incident involving the City or observation
of an incident occurring during the course of his/her work
assignment during that employee's working hours within the
City limits shall be paid by the City in accordance with the
following:
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Res. No, 78-126 30
a. Any attendance_, fee=_received by the employee, except
those fees for service performed on a regular day of rest
or a holiday, shall be paid to the City exclusive of
travel or meal expenses. This Section shall also apply
to days used to qualify for jury service.
d. The employee shall deposit with the City the attendance fee
as required within thirty (30) days from the day of return
to duty. If such deposit is not made within the time
specified, the City shall deduct an equivalent amount
from employee's paycheck.
SECTION 6 - OVERTIME COMPENSATION:
6.1 Eligible full time employees shall be compensated for the performance
of overtime work either by cash payment or compensatory leave
time credit.
6.2 Overtime work shall mean the performance of authorized work
under any of the following circumstances except that the first
quarter hour of the first overtime hour shall not be credited
to the employee as overtime work until and unless more than a
quarter hour of overtime work is performed by the employee:
a. All work performed in excess of forty (40) hours in any
work week;
b. All work performed on the first and second regular days
of rest;
C. All work performed before the start of an employee's
regular working shift;
d. All work performed by an employee called in to work at
a time other than the employee's regular working shift.
6.3 Nothing contained in this Section shall guarantee any employee
forty (40) hours of work per week nor eight (8) hours of work per day.
6.4 Cash payments for overtime work shall not be pyramided, com-
pounded, nor paid twice for the same time worked.
6.5 The Personnel Officer shall approve, in advance, the employee's
performance of overtime work. When it is impractical to obtain
such advance approval, the employee shall seek such approval
on or before 12:00 o'clock noon on the work day following the
day in which the employee performed the overtime work. The
Personnel Officer shall grant or deny the employee's request
for post -overtime work approval within a reasonable time.
6.6 The Personnel Officer may grant an eligible full time employee, either
a cash payment or compensatory leave time credit, as compen-
sation for overtime work, exclusively within the Personnel Officer's
discretion, considering budgeted funds and the work schedules
of the employee's department.
Res. No. 78-126
6.7 The employee shall be entitled to cash payment for overtime
work, at the rate of one and one-half (1) times the employee's
regular hourly rate of pay times the number of overtime hours
worked except that in situations involving emergency shift
work the employee shall be entitled to cash payment at the rate
of two and one-half (2�-) times the employee's regular hourly
rate of pay times the number of overtime hours worked.
6.8 Compensatory leave time shall mean time off received in lieu
of a cash payment for overtime work performed by the employee.
Such compensatory leave time shall be credited to the employee
' at the rate of one and one-half (lz) times the number of over-
time hours worked, except that in situations involving emer-
gency shift work the employee shall be credited with compen-
satory leave time at the rate of two and one-half (2�) times
the number of overtime hours worked.
6.9 Compensatory leave time shall be credited to the employee as
follows and subject to the following conditions:
a. An employee shall not be credited with more than twenty-
six and two-thirds (26-2/3) hours of overtime work for
which compensatory leave time will be granted by the City.
Twenty-six and two-thirds (26-2/3) hours of overtimework
credit entitles the employee to forty (40) hours of com-
pensatory leave time.
b. An employee shall not be allowed to take more than a max-
imum of sixteen (16) consecutive hours of compensatory
leave time. Such compensatory leave time may be contiguous
to vacation time or holiday leave time.
C. An employee shall be allowed to carry over to the next
succeeding year any accrued compensatory leave time pro-
vided that such carried over compensatory leave time
shall not exceed forty (40) hours.
d. An employee shall not be allowed to use his/her accrued
compensatory leave time unless and until the employee
files the appropriate leave request form in accordance
with City procedures.
6.10 Emergency shift work shall mean a working shift in which the
employee is called in after 12:00 midnight and before 8:00 A.M.
and in which the employee is required to work more than four
(4) hours. Unless a supervisor determines that the emergency
still exists and will continue to exist, necessitating the
continuation of work by the employee called in, the employee
shall not work during the working shift following the emer-
gency shift work.
6.11 An employee called in to work at a time other than his/her
regular working shift shall be compensated for a minimum
of two (2) hours of overtime work regardless of the number
of hours actually worked, except that an employee who fails
to report for work within thirty (30) minutes after notif-
ication of call-in shall not be entitled to this
minimum compensation for overtime work and said employee shall
be compensated only for the number of hours actually worked.
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Res. No. 78-126 ' of 30
6.12 An employee who separates _from the service of the City, for
any reason, shall be paid in lump sum for any accrued compen-
satory leave time up to a maximum of forty (40) hours. When-
ever the date of the employee's separation from service is
established, the employee shall not be allowed to take any
accrued compensatory leave time as time off prior to this
date of separation. The value of.any accrued compensatory
leave time shall be computed at the employee's regular hourly
rate of pay on the date of the employe's separation from service.
SECTION 7 - MILEAGE REIMBURSEMENT:
' 7.1 The City shall reimburse an employee for use of a personal
automobile for official City business at the rate of $.18
per mile pursuant to City procedures.
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Res. No. 78-126 s e�
INSURANC—F BENEFITS
SECTION 1 - MISCELLANEOUS TNS' ,, fTNCE:
1.1 The City shall pay a maximum of $76.76 per month toward
health, major medical, dental, long term disability, and
life insurance for each eligible full time employee allocated
in the following manner:
a. Health Insurance - The City will pay a maximum of $36.39
toward health .insurance for each eligible full time
employee. Permanent part-time employees may participate
in the health insurance program subject to contract
provisions; provided, however, that the City will pay
up to a maximum of $18.20 for health insurance for each
eligible permanent part-time employee.
b. Major Medical Insurance - The City will pay a maximum of
$1.10 per month toward major medical insurance for each
eligible full time employee.
C. Dental Insurance - The City will pay a maximum of $8.12
per month toward dental insurance for each eligible full
time employee. Permanent part-time employees may partic-
ipate in the dental insurance program subject to contract
provisions; provided, however, that the City will pay a
maximum of $4.06 per month toward dental insurance for
each eligible permanent part-time employee.
d. Long Term Disability Insurance - The City will pay a
maximum of $29.70 per month toward long term disability
insurance for each eligible full time employee.
e. Life Insurance - The City will pay a maximum of $1.45
per month, toward life insurance for each eligible full
time employee.
1.2 The City shall maintain insurance benefits comparable to those
in effect as of June 30, 1978 for health, major medical, dental,
long term disability, and life insurance; except, however, that
the City and the Employee Organization may consider alternative
insurance plans mutually agreeable to the parties where the
total cost to the City shall not exceed a maximum of $76.76 per
' month for each eligible full time employee and $22.26 per month
for each eligible permanent part-time employee- Provided,
however, that the maximum dollar amount specified in this
Section shall remain in effect.
SECTION 2 - RETIREMENT INSURANCE:
2.1 Eligible employees shall be covered by the Public Employees'
Retirement System 2% at 60 plan. The City's current contri-
bution rate for this benefit is $8.551 per $100 of qualifying
compensation.
2.2 Eligible employees shall be covered by Section 20024.2 of the
Government Code (optional contract provision relating
to one-year final compensation).
2.3 Eligible employees shall be covered by Section 20930.3 of the
Government Code (optional contract provision relating
to military service credited as public service).
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Res. No. 78-126 J 'J 3. C
ARTICLE III
LEAVE BENEFITS
SECTION 1 - DISABILITY LEAVE:
1.1 An employee, who by reason of bodily injury or sickness
occuring in the cause and scope of his/her employment is
disabled from performing the duties of his/her position to
a substantial degree, is paid his/her full salary up to a
maximum of 26 weeks or until returning to duty or until the
City's compensation carrier terminates temporary disability
by either means of lump sum settlement or until retired with
' pension, whichever occurs first, subject to the following
conditions:
a. Initially, during the time the State law does not
require compensation payments, the City pays the
regular wages.
b. Thereafter, the City pays only the difference between
the compensation benefits and the employee's regular
wages.
C. During the time the employee is disabled by reasons
of bodily injury or sickness resulting from the cause
and scope of his/her employment, vacation, sick leave,
and tenure in range and step accrue at the same pre-
vailing rate that would be accredited to the employee
if he/she were not disabled.
d. The City shall have the exclusive right to determine an
employee's eligibility for any disability pay herein
provided for an industrial injury where said payment
is in addition to the disability payment provided by
State Law. The final determination as to whether the
City shall pay the aforementioned benefit shall be made
by the Personnel Officer based on the recommendation of
the City physician.
e. Nothing in this Section shall constitute a waiver of
' the employee's right to any other disability payments
guaranteed under law or existing ordinances, resolutions,
or rules of the City.
1.2 If an employee is unable to return to work after twenty-six
(26) weeks, the employee may be eligible for long term dis-
ability insurance benefits provided under the City's contract
insurance program.
SECTION 2- EMERGENCY AND PERSONAL LEAVE:
2.1 The City shall provide full time employees the option of utilizing
16 hours of the 40 hours provided as emergency leave for per-
sonal business. Personal business shall be defined by the
employee.
2.2 Personal leave shall not be taken in conjunction with any
other paid leave taken by the employee and shall be limited
to no more than four (4) hours and no less than fifteen (15)
minutes for any one period.
Res. No. 78-126 10 or
SECTION 3 - HOLIDAYS:
3.1 The City shall provide the following paid holidays:
January 1st;
February 12th, known as Lincoln Day;
The third Monday in February;
The last Monday in May;
July 4th;
The first Monday in September;
September 9th, known as Admission Day;
' The second Monday in October;
The fourth Monday in October;
Thanksgiving Day;
The Friday following Thanksgiving Day;
December 25th.
Every day proclaimed by the President, Governor, or Mayor
of this City as a public holiday.
3.2 When any day recognized as a holiday falls on a Sunday, the
following Monday shall be considered the holiday. When any
day recognized as a holiday falls on a Saturday, the preced-
ing Friday shall be considered the holiday.
SECTION 4 - REST PERIODS:
4.1 The City shall provide a rest period of not more than fifteen
(15) minutes for each half shift of work at times determined
by City procedures. The rest period is intended to be
a recess to be preceded and followed by an extended work period
of at least an hour and one-half; thus, it may not be used to
cover an employee's late arrival to work or early departure.
Rest periods shall have no monetary value if unused and shall
be forfeited if not used during the working shift.
' SECTION 5 - LUNCH PERIOD:
5.1 The City shall provide each full time employee with a lunch
period not to exceed one hour on each regular working shift. The
amount of time for lunch period and the procedure for taking
a lunch period shall be determined by City procedures.
SECTION 6 - VACATION LEAVE:
6.1 Eligible full time employees shall be credited with vacation
leave accruable at the rate of eight (8) hours of vacation
leave for each month of service or major portion thereof from
the date of hire, ten (10) hours of vacation leave per month
upon commencement of the sixth year of service, -and
13.33 hours vacation leave per month upon commencement of the
eleventh year of service.
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Res. No. 78-126 ' ` ,i1 3`"
6.2 Vacation leave credit for a permanent part-time employee
shall accrue at the rate of -four (4) hours for each 173.33
of service.
6.3 Upon completion of the initial six (6) month period of employ-
ment, the employee shall be eligible to take up to 48 hours of
his/her accrued vacation leave.
6.4 Vacation leave shall not be earned for overtime work, nor for
extended periods of unauthorized absence, nor for leaves of
absence without pay exceeding 80 hours in any calendar month.
6.5 The maximum amount of accrued vacation leave that may be defer-
red shall be 240 hours. All vacation leave accrued in excess
of 240 hours shall be taken within the anniversary year for
which it is accrued. Vacation leave not taken within the pre-
scribed period shall be forfeited.
6.6 An employee who separates from the service of the City, for
any reason, shall be compensated for any accrued vacation up to
240 hours. Whenever the date of the employee's separation
from service is established, the employee may be allowed to
take accrued vacation time as time off prior to this date
of separation. The value of any accrued vacation leave time
shall be computed at the employee's regular hourly rate of
pay on the date of the employee's separation from service.
SECTION 7 - SICK LEAVE:
7.1 Eligible full time employees shall be granted sick leave with
pay. Sick leave credit shall accrue from the date of hire,
and may be granted after one month of qualifying service. Sick
leave shall not be a right which the employee may use at his/her
discretion; but shall be allowed only in case of necessity and
actual personal sickness. Sick leave may be used for medical
and dental appointments, and pregnancy.
a_ The City may require certification on any sick leave
stating the cause of absence. Absence in excess of 24
consecutive working hours shall require certification
attested to by a physician or licensed medical practitioner.
b. Chronic absenteeism may be defined as the use of more than
96 hours of accrued sick leave time for occasional sickness
in any twelve (12) month period without certification re-
garding the causes of such occasional absences charged to
sick leave. Certification regarding the causes of occas-
ional sickness may be attested to by a physician or licensed
medical practitioner.
C. The employee shall notify his/her supervisor either prior
to, or within four (4) hours after the time set for begin-
ning his/her assigned shift, or as may otherwise be specified
in City procedures, of any absence due to sickness.
Res. No, 78-126 1
7.2 Sick leave credit for the employee shall accrue at the rate
of eight (8) hours for each month of service or major portion
thereof. There shall be no limit to the number of hours of
sick leave credit that the employee may accrue.
7.3 Sick leave credit for a permanent part-time employee shall
accrue at the rate of four (4) hours for each 173.33 hours
of service. There shall be no limit to the number of hours
of sick leave credit that a permanent part-time employee may
accrue.
7.4 An employee who separates from the service of the City due
' to resignation, retirement, death, layoff, or disability
shall be paid in a lump sum for one-half (z) of accrued
sick leave time. The value of accrued sick leave time
shall be computed at the employee's regular hourly rate of
pay on the date of the employee's separation from service.
An employee who is rejected or discharged shall not be paid
for any accrued sick leave time.
7.5 Sick leave credit shall not be earned for overtime work,
nor for extended periods of unauthorized absence, nor for
leaves of absence without pay exceeding 80 hours in any
calendar month.
SECTION 8 - TIME OFF FOR VOTING:
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8.1 If a voter does not have sufficient time outside of working
hours to vote at a statewide election, the voter may, without
loss of pay, take off enough working time which when added to
the voting time available outside of working hours will enable
the voter to vote.
8.2 No more than two (2) hours of the time taken off for voting
shall be without loss of pay. The time off for voting shall
be only at the beginning or end of the regular working shift,
whichever allows the most free time for voting and the least
time off from the regular working shift, unless otherwise
mutually agreed. If the employee on the third working day
prior to the day of election, knows or has reason to believe
that time off will be necessary to be able to vote on election
day, the employee shall give his/her department director at
least two (2) working days' notice that time off for voting
is desired, in accordance with the provisions of this Section.
8.3 Not less than 10 days before every statewide election, the
City shall keep posted conspicuously at the civic center,
if practicable, or elsewise where it can be seen as employees
come or go to their place of work, a notice setting forth
the provisions of this Section.
Res. No. 78-126
SECTION 1 - PURPOSE AND SCOPE Or GRIEVJ-.NCE PROCEDURE:
1.1 The grievance procedure is promulgated:
a. To improve employer-employee relations;
b. Except as otherwise provided in this Article, to establish
a formal procedure, to deal with complaints concerning the
application or interpretation of this Resolution, where
no other methods of solution are required;
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C. To establish a formai procedure to deal with
disputes that have not been resolved through informal
discussions;
d. To promote the settlement of grievances as near as
possible to their point of origin.
SECTION 2 - GENERAL PROVISIONS:
2.1 Whenever an employee has a complaint that qualifies as a
grievance, s/he shall resolve the dispute in accordance
with the grievance procedure established in this Article;
except, however, that the grievance procedure provided
herein shall not be used for:
a. The resolution of any complaint challenging any dis-
ciplinary action taken by the City; or
b. The resolution of any complaint challenging the denial
of a merit increase; or
C. The resolution of any complaint relating to any concerted
refusal to work.
SECTION 3 - INFORMAL DISCUSSION:
' 3.1 Whenever an employee has a complaint, s/he should without
delay, first attempt to informally discuss the matter with
his/her immediate supervisor. If, after a discussion with
his/her immediate supervisor, the employee believes his/her
complaint has not been satisfactorily resolved, the employee
shall have the right to informally discuss his/her complaint
with the supervisor's immediate superior. All interested
parties shall make every effort to reach a reasonable solu-
tion to the employee's complaint by informal means at the
lowest possible level of supervision.
SECTION 4 - FORMAL GRIEVANCE PROCEDURE:
4.1 Whenever an employee believes his/her complaint has not been
satisfactorily resolved by the informal procedure
provided for in Section 3 above, the employee shall have the
right to present a formal written grievance. All formal
grievances presented under this Section shall state the
reasons for the dispute and the employee's suggested solu-
tion.
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Res. No. 78-126 3
a. First Level of Review - Any formal written grievance
shall be presented first to the employee's immediate
supervisor, who shall review the grievance and render
a written decision regarding its merits., within three
(3) working days after receipt of the grievance. If, after
notification thereof, the employee disagrees with the
immediate supervisor's decision, or if the immediate
supervisor has not responded in writing to the griev-
ance within three (3) working days after receipt of the griev-
ance, the employee may present the formal written grie-
vance to his/her supervisor's immediate superior. The
grievance shall be considered resolved and no further
review of the subject matter of the grievance shall be
permitted under this Article:
(1) whenever the employee does not seek further review
of his/her grievance within three (3) working days after
receipt of the written decision of his/her immed-
iate supervisor; or
(2) whenever the employee does not seek further review
of his/her grievance within ten (10) working days after
presentation of the grievance, in those cases when
his/her immediate supervisor does not render a de-
cision within the requisite time.
b. Second Level of Review - Whenever the employee presents
a formal written grievance to his/her supervisor's immed-
iate superior, such superior shall review the griev-
ance and render a written decision regarding its merits
within three (3) working days after receipt of the grievance.
after notification thereof, the employee disagrees with
this superior's decision, or if this superior has not
If
responded in writing to the grievance within three (3) working day
after receipt of the grievance, the employee may present
the formal written grievance to his/her Department Director.
The grievance shall be considered resolved and no further
' review of the subject matter of the grievance shall be
permitted under this Article:
(1) whenever the employee does not seek further review
of his/her grievance within three (3) working days after
receipt of the written decision of his/her super-
visor's immediate superior; or
(2) whenever the employee does not seek further review
of his/her grievance within ten (10)working days after
presentation of the grievance, in those cases when
his/her supervisor's immediate superior does not
render a decision within the requisite time.
C. Review by Department Director - Whenever the employee presents
a formal written grievance to his/her Department Director,
the Department Director or his/her designated representative
shall discuss, as soon as practical, the grievance with the
employee, the employee's representative, or with any other
appropriate person. Within five (5) working days after receipt
1
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1
1
Res., No. 78-126
the formai gric . _ . -:... , r. Director s;,aL _
the grievance, ani rr r; a-- a written decision regardinq itS
merits. If, after i;cti`ication thereof, the employee dis-
agrees with the Department Director's decision or if the
Department Director has not -esponded in writing to the
grievance within five (5) working days of receipt of the gri-vancf
the employee may present the formal written grievance to
the Director of Personnel. The grievance shall be con-
sidered resolved and no further review of the subject
matter of the grievance shall be permitted under this
Article:
(1) whenever the employee does not seek further review
of his/her grievance within five (5) working days after
receipt of the written decision of his/her Depart-
ment Director; or
(2) whenever the employee does not seek further review
of his/her grievance within ten (10) working days after
presentation of the grievance, in those cases when
his/her Department Director does not render a
written decision within the requisite time.
d. Review by Director of Personnel - Whenever the employee
presents a formal written grievance to the Director of
Personnel, the Director of Personnel or his/her designate
shall discuss, as soon as practical, the
grievance with the employee, the employee's representative,
or with any other appropriate person. The Director of
Personnel may establish a fact-finding committee to give
advice as to the merits of the grievance. Also, the
Director of Personnel may seek advice from any other officer
not in the normal line of supervision, as to the merits of
the grievance. Within ten (10) working days after receipt of the
formal grievance, the Director of Personnel shall review
the grievance and render a written decision regarding its
merits. The employee shall receive a copy of the Director
of Personnel's decision, as soon as practical. The decision
of the Director of Personnel shall resolve the grievance
and no further review of the subject matter of the griev-
ance shall be permitted under this Article.
SECTION 5 - CONDUCT OF FORMAL GRIEVANCE PROCEDURE:
5.1 Time limits - The time limits specified in Section a_ above,
may be extended by mutual written agreement of the employee
and the reviewer concerned. The written agreement shall be
Presented to the Director of Personnel by the party requesting
the extension of time within two (2) working days after the agreement
is subscribed to by both parties.
5.2 Employee Representative - The employee may select a represent-
ative to assist in the presentation of a formal grievance at any
level of review.
Res. No. 78-126 ={
reecom 'from Reprisal - All employ -,r : -,r-
no
no reprisals against them or.an% reprr:-_ntative shall rc:!--,
from the use of the grievance procedure.
5.4 The Employee Organization shall have the right to initiate a
grievance on behalf of an employee or employees. Any such
grievance shall be initiated pursuant to the provisions of
this Article.
5.5 The grievance procedure is promulgated exclusively for the
benefit of the employee and not for the benefit of the City.
The City shall have no right to initiate grievances pursuant
to provisions of this Article. The grievance procedure shall
' not limit exclusive City Rights and Responsibilities otherwise
reserved.
1
Res, No. 78-126 17 of 30
AP'1_ ICITE l'
DISCIPLINE
S1.C11'I0N 1 - DISCIPLINE PROCEDURE:
1.2 Whenever an employee requests an opportunity to meet with his/he-
superior where such meeting involves the imposition of formal dis-
ciplinary action against the employee, the employee shall be en-
titled to have one Employee Organization representative present
if the employee so requests.
SECTION 2 - LEGITIMATE' REASONS FOR DISCIPLINARY ACTION:
2.1 Legitimate reasons for disciplinary action may include but shall
not be limited to the following:
a. Violation of rules, regulations, or procedures;
b. Failure to obey any proper direction given by a superior;
C. Failure to comply with any and all conditions of municipal
employment;
d. Failure to maintain any qualification necessary for the
continuation of municipal employment;
e. Failure or refusal to properly perform assia_ned duties
f. Incompetency, inefficiency, or dishonesty
in the performance of assigned duties, or gross carelessness;
g. Malfeasance in office or employment;
h. Conviction for any felony, if there exists a relationship
between the prohibited conduct and the employee's fitness
to perform required duties;
i. Unauthorized absence from employment for one or more days.;
j. Repeated tardiness;
' k. Chronic absenteeism;
1. Inability to establish and maintain proper working relation-
ships with fellow officers and employees;
M. Reporting for duty, or being on duty, under the influence
of alcohol, non prescribed controlled substances or anv
combination thereof; or rendering oneself unfit to per orm
fully recuired duties for reasons attributable to or pro-
duced by, indulgence in alcohol, non pr,_scribed con*rulled
subs -antes, or any combination thereof;
n. Unauthorized abscnce from employment during: ,rror:{ing hours;
c. Unauthorized use or abuse of City tools, equ_pment, or
p. Gross neclicence in the Care or operation of City tools,
ec -ii on:_^. t, Or Crop�_rty;
Unauthc-17�'t USO Of SICK leave;
r. Rc Ce ving -gratuities or any persona! favor in = ^!-_ ''= -` y
the Gerfcr—a.^.c e Or for the non -Ce r iffo 3n -ass ane-'
_ CU V i
r
Res. No. 78-126 13 of 30
I all C. t\' }; U.c�..ncc W!'" lii:i�l:ti^,Gr17. C'i7
1
n
persons;
t.
Willful l.f- to respond to an official call in an emer-
gency situation;
U.
Willful falsifications of any statements, certifications,
or reports;
V.
Suspension or revocation by the Department of Motor Vehicles
of one's privilege to operate a motor vehicle on the public
highways in the State of California when a valid driver's
license is required for the performance of assigned duties;
W.
Any commission of fraud;
X.
Failure to comply with applicable uniform and dress standards;
y.
Other failure of good behavior either during or outside duty
hours which is of such nature that it causes discredit to
the City, provided that the failure of good behavior is of
such nature that it reflects upon the employee's job.
1
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Res. No. 78-126 14 of ?0
AP^ C L E
SA: T -v
SECTION1 - SAFETY RESPONSIBILITIES:
1.1 It shall be the joint responsibility of the City and the
Employee Organization to make a good faith effort to provide
and/or maintain a safe and healthful place of employment.
1.2 The Employee Organization shall encourage employees to perform
their assigned duties safely using the practices, means, methods,
operations, and processes prescribed by any applicable law, ani.•
occupational safety or health standard or any safety order or
safety rules and regulations. Each employee shall be alert
to unsafe practices, equipment, and conditions, and shall
report any hazardous condition promptly to his/her immediate
supervisor.
1.3 The City shall not require, or permit any employee to go or
be in any employment or place of employment which is not
reasonably safe and healthful.
1.4 No employee shall be laid off or discharged for refusing to
perform work in the performance of which any applicable law,
any occupational safety or health standard or any safety order
will be violated, where such violation would create a real
or apparent hazard to the employee.
SECTION 2 - SAFETY COMMITTEE:
2.1 The City and the Employee Organization shall jointly participate
in an advisory Safety Committee. The membership of the Safety
Committee will include two representatives from the Employee
Organization. The Safety Committee shall make a good faith
effort in an advisory capacity to provide and/or maintain a
safe and healthful place of employment.
SECTION 3 - SAFETY DEVICES AND SAFEGUARDS:
3.1 The City shall furnish and the c,mp]oyee shall use safety devices
and safeguards. The City shall adopt and use practices, means,
met'r,ods, operations, and processes which are reasonably adequate
to render City employment safe and healthful.
n
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Res. No. 78-126 4, ; 'v
RI GHTS i':? ;.?;5 C ti 1 tI LI'! I ES
SECTION 1 -_EXCLUSIVE CITY RIGHTS AND RESPONSIBILITIES:
1.1 Ir. order to insure that the City is able to carry out its
functions and responsibilities imposed by law, the City has
and will retain the exclusive right to manage and direct the
Performance of City services and the work force performing
such services, and therefore the following matters will not
be subject to the meet and confer process but shall be within,
the exclusive discretion of the City. The consideration of th(_�
merits, necessity, or organization of anv service or activity
conducted by the City shall include but not be limited
to the City's right to:
a. Determine issues of public policy;
b. Determine and change the facilities, methods, means and
personnel by which City operations are to be conducted;
C. Expand or diminish se'rvices;
d. Determine and change the number of locations, relocations,
and types ofoperations and the processes and materials to
be employed in carrying out all City functions, including
but not limited to the right to subcontract any work or
operation;
e. Determine the size and composition of the work force, to
assign work to employees in accordance with requirements
as determined by the City and to establish and chanae work
schedules and assignments;
f. Determine job classifications;
g. Appoint, transfer, promote, demote, and layoff employees for
lack of work or other legitimate reasons;
h. Take disciplinary action;
i. Determine policies, procedures and standards for selection,
training and promotion of employees;
j. Establish employee perform4nce standards, including but not
limited to quality and quantity standards;
k. Maintain the efficiency of governmental operations;
I. Exercise complete control and discretion over its organ-
ization, and the technology of performing its work and
services;
M. Establish reasonable work and safety rules and regulations
in order to maintain the efficiency and economy desirable
in the performance of City services;
n. Determine any and all necessary actions to carry
out its missions in emergencies.
SECTTION 2 - CONCE-PTE-D REFUSAL TO WORE:
2.1 Any employee who participates in any manner in any strike, work
stoppage, slowdown, sick -in or other concerted refusal to work
by employees of the City or who participates in any manner in
any picketing in support of any such strike, work stoppage,
slow-dewn, sick -in or other concerted refusal to work or iirped-
i,:,ent to work by employees of the City or who in1:
duces other
e-ployees of the City to engage in such activities shall be
subject to termination by the City.
Res. No. 78-126 2 OF 3
2.2 In the event the Employee Organization calls, engages in,
encourages, assists, or condones in any manner, any strike,
work stoppage, slowdown, sick -in or other concerted refusal
to work by employees of the City or any picketing in support
thereof, or any other form of interference with or limitation
of the peaceful performance of City services, the City, in
addition to any other lawful remedies or disciplinary actions
available to it, may suspend any and all of the rights and
privileges accorded such Employee Organization under any
' ordinance, resolution or rules and regulations of the City
or this Resolution, including but not limited to the sus-
pension of recognition of such Employee Organization, and
the use of the City's bulletin boards and facilities.
. 2.3 The City shall not lock -out employees. 4
11
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Res. No. 78-126
22 of 30
ARTICLE VIII
EMPLOYEE ORGANIZATION SECURITY
SECTION 1 - RECOGNITION:
1.1 Pursuant to the provisions of the Employer -Employee Relations
Resolution of the City and applicable State law, the City
recognizes Carson Employee's Association as the exclusive
representative for all classifications listed in Appendix
"A" of this Resolution.
' 1.2 The Employee Organization recognizes the Employee Relations
Officer or his/her designate as the exclusive representative
of the City for purposes of entering into a Memorandum of
Understanding. The Employee Organization further agrees to
meet and confer in good faith with the City on all matters
relating to wages, hours and other terms and conditions of
employment.
SECTION 2 - MAINTENANCE OF MEMBERSHIP:
2.1 All employees who are members of the Employee Organization
and all employees who become members shall as a condition
of continued employment, maintain their membership in the
Employee Organization for the duration of this Resolution.
2.2 All employees hired after the execution date of this Reso-
lution are free to join or not join the Employee Organization.
However, once such new employee does join the Employee
Organization, s/he shall, as a condition of continued
employment, maintain membership in the Employee Organization
for the duration of this Resolution.
2.3 The Employee Organization its officers and members shall not
intimidate or coerce employees into joining.
' 2.4 Notwithstanding any other provisions in this Section to the
contrary, any employee who is or becomes a member of the
Employee Organization during the term of this Resolution may,
within fifteen (15) days prior to the expiration of this
Resolution, withdraw his/her membership in the Employee
Organization by notifying the City and the Employee Organ-
ization in writing of such and that after such withdrawal,
the employee no longer must remain a member of the Employee
Organization as a condition of continuing employment.
1
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Res. No. 78-126 23 of 30
TS -
3.1 The Employee Relations Officer shall, after notice to and
consultation with affected Employee Organizations, have the
exclusive right to determine appropriate units, add new
classes or position to appropriate units and delete classes
or positions from appropriate units for legitimate reasons.
The principal criterion in making such determinations shall
be whether there is a community of interest among employees.
The following factors, among others, are to be considered
in making such determination:
Similarity of the general field of work, types of
qualifications, and general working conditions;
b. The history of representation in the City; except,
however, that no unit shall be deemed to be an appro-
priate unit solely on the basis of the extent to which
employees in any proposed unit have organized;
C. The effect of the unit on the efficient operation of
the City;
d. Consistency with the organizational patterns of the
City;
e. The number of employees and classes, and the effect on
the administration of employer-employee relations
created by the proliferation of appropriate units.
3.2 Notwithstanding any other provisions of this Section, the
City may include Directors thru Division Heads and con-
fidential employees in a separate appropriate unit. Man-
agement and confidential employees may be represented
separately from other employees of the City by an employee
organization consisting of such management and confidential
employees. Management and confidential employees shall be
restricted from representing any employee organization which
represents other employees on matters within the scope of
representation; except, however, that such employees may
participate in meeting and conferring as representatives of
their appropriate unit.
3.3 Notwithstanding any other provisions of this Section, profes-
sional employees shall not be denied the right to be rep-
resented separately from non-professional employees by a
professional employee organization consisting of such pro-
fessional employees.
3.4 'Notwithstanding any other provisions of this Section, no
class or position shall be included in more than one appro-
priate unit.
3.5 Except as otherwise provided, employees shall have the right
to form, join, and participate in the activities of employee
organizations of their own choosing. Employees also shall
have the right to represent themselves individually in their
employment relations with the City.
r
5 - Dr R",; Res. No. 78-126 c;f71
-iLh. ..c R.', r
5.1 A decertification pet: on may b` filed ey c
Relations Officer to determine whether or no- a recognized
Employee Organization shall continue to represent the
employees in an appropriate unit pursuant to the provisions
of the Employer -Employee Relations Resolution of the Cit_ti>
of Carson and applicable State law.
4.2 A decertification petition may be filed only during the
month of January of any year following the first full
year of recognition.
E
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Res. No. 78-126
25 of 30
ALL OTHER !✓TATTERS W!THlt: I;LL SCOPE OF RE YESENTATION
SECTION 1 - MEET AND CONFER IN GOOD FAITH - SCOPE:
1.1 The City shall not be required to meet and confer in good
faith on any subject preempted by Federal or State law,
nor shall it be required to meet and confer in good faith
on Employee Rights or City Riuhts and Responsibilities.
SECTION 2 - NONDISCRIMINATION, EQUAL OPPORTUNITY AND AFFIRMA=IVE ACTIO'_:
2.1 The City and the Employee Organization agree that both parties
have a role in the development and implementation of
equal employment opportunities. Both parties agree to make a
good faith effort to carry out this responsibility. The parties
also agree to cooperate actively and positively in supporting
the City's affirmative action program which has been designed
to accomplish equal opportunity for all employees and to seek
and achieve the highest potential and productivity in employ-
ment situations.
This provision shall be applied equally to employees without
discrimination as to age, sex, martial status, race, color,
creed, national origin, religion, or political affiliation.
2.2 The Employee Organization shall represent employees without
discrimination, interference, restraint or coercion. The
provisions of this Resolution shall be applied equally to
all members, without discrimination as to age, sex, marital
status, religion, race, color, creed, national origin or
political or Employee Organization affiliation.
SECTION 3 - PERSONNEL RULES AND REGULATIONS:
3.1 Except in cases of emergency, the City shall meet and
confer with Employee Organization representatives on amend-
ments to the Personnel Rules and Regulations proposed to be
adopted that directly relate to matters within the scope of
representation at least ten (10) days prior to Council action.
SECTION 4 - PERSONNEL FILES:
4.1 An employee may inspect and review his/her official personnel
file located in the Personnel Division at any reasonable time
between the hours of 8:00 A.M. to 5:00 P.M., Monday through
Friday so as not to interfere with the performance of his/her
assigned duties. The official personnel files shall be kept
in confidence and shall be available for inspection only when
necessary in the proper administration of the City's affairs.
Res. No. 78-126 O"",
SECTION 1 - CONSULT DEFINED:
1.1 Consult or consultation in good faith means to communicate
orally or in writing for the purpose of presenting and obtain-
ing views or advising of intended actions.
SECTION 2 - CLASS SPECIFICATIONS, RECLASSIFICATIONS AND REALLOCATION_
N_
OF POSITIONS:
2.1 Except in cases of emergency, the City will consult with
Employee Organization representatives regarding proposed
class specifications, reclassifications, and reallocations
affecting positions in the appropriate unit represented by
the Organization at least ten (10) days prior to City Council
action. The City will meet with Employee Organization rep-
resentatives on such proposed amendments which the Organ-
ization desires to discuss.
SECTION 3 - MEDICAL EXAMINATIONS:
3.1 In the event of an accident to an employee incurred while in
the performance of duty, the City intends to provide medical
treatment at such facility suitable equipped to handle emer-
gencies.
SECTION 4 - PERFORMANCE EVALUATIONS:
4.1 The City intends to establish procedures to provide "Senior"
classes with the opportunity to discuss the performance of
their subordinates with supervisory personnel prior to the
completion of performance evaluations.
SECTION 5 - TRAINING:
' 5.1 The City intends to provide encouragement, assistance and
appropriate training opportunities so that all employees may
utilize their abilities to the fullest extent. The City
intends to exert every effort possible to encourage upward
mobility of employees now at lower grade levels so that they
may work at their fullest potential. The City intends to
implement the redesigning of jobs where feasible and provide
on-the-job training and work study programs and other train-
ing means.
SECTION 6 - POLICIES AND PROCEDURES:
6.1 The City shall have the exclusive right to determine and
establish Policies and Procedures (commonly referred
to as Administrative Orders); provided, however, that
such policies and procedures will not conflict with provisions
of any ordinance, rule, or regulation directly relating to
7atters within the scope of representation. The City will
consult with Employee Organization representatives regarding
policies and Procedures which the Organization
desires to discuss.
1
Res. No. 78-126
`TION 7 - PROMOTIONS:
27 cf 34
7.1 The City intends to amend, Rule VI, Section 2 of the City
of Carson Personnel Rules and Reaulations as follows:
"Promotional Examinations: The Personnel Officer shall deter-
mine whether examinations for any higher position shall be
promotional or open except as herein provided:
a. No promotional examination shall be given unless six (6)
' or more permanent or probationary employees file who
meet the minimum eligibility criteria specified for the
position on the date of their application.
b. No employee shall be deemed eligible for a promotional
examination who does not meet the minimum qualifications
specified in the class specification for the position or
whose last performance evaluation was not satisfactory.
C. The Personnel Officer shall prepare the promotional list
and shall certify candidates as provided in these Rules.
If the aforementioned requirements for a promotional exam- .
ination are not satisfied an open examination shall be given."
SECTION 8 - REASONABLE NUMBER OF EMPLOYEE ORGANIZATION REPRESENTATIVES:
8.1 The City intends to allow no more than three (3) Employee
Organization representatives reasonable time off without loss
of compensation or other benefits when formally meeting and
conferring with designated City representatives on matters
within the scope of representation.
1
Res. No. 78-126 28 of 30
ARTICLE XI
IMPLEMENTATION AND DURATION
SECTION 1 - PROCEDURE FOR IMPLEMENTATION:
1.1 This Resolution shall not be binding until the City Council
approves this Resolution in its entirety.
1.2 This Resolution shall contain all of the covenants, stipu-
lations, and provisions applicable to the parties. It is
understood that provisions contained in the Carson Municipal
Code, or other applicable ordinances or resolutions that
are presently in effect and directly relate to matters
within the scope of representation become part of this
Resolution. Therefore, for the life of this Resolution,
neither party shall be compelled to meet and confer with
the other concerning any issues whether specifically dis-
cussed prior to the execution of this Resolution or which
may have been omitted in the meet and confer process which
led up to the execution of this Resolution, except by
mutual agreement by the parties.
SECTION 2 - SEPARABILITY:
2.1 Notwithstanding any other provisions of this Resolution to
the contrary, in the event that any Article, or subsections
thereof, of this Resolution shall be declared invalid by
any court of competent jurisdiction, or by any applicable
State or Federal law or regulation, or should a decision
by any court of competent jurisdiction or any applicable
State or Federal law or regulation diminish the benefits
provided by this Resolution, or impose additional obli-
gations on the City, the parties shall meet and confer
on the Article or subsections thereof affected. In such
event, all other provisions of this Resolution not affected
shall continue in full force and effect.
SECTION 3 - DURATION:
3.1 The terms and conditions set forth herein shall be in full
force and effect from the lst day of July, 1978, and shall
remain in full force and effect up to and including the
30th day of June, 1979.
7
Res. No. 78-126 29 c1 3C
APPENDIX "P"
DESIGNATED APPROPRIATE UNITS
MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL UNIT
Administrative Assistant to City Administrator (Confidential)
Aquatics Supervisor
Building Maintenance Foreman
Business License'Supervisor
Chief Accountant
Civic Center Supervisor
Community Development Manager
Community Events Supervisor
Community Redevelopment Project Manager
Division Engineer
Equipment Maintenance Foreman
Executive Secretary (Confidential)
Maintenance Superintendent
Maintenance Superintendent -Public Works
Median Divider Maintenance Foreman
Parks Superintendent
Paris Maintenance Foreman
Parkway Tree Maintenance Foreman
Personnel Analyst (Confidential)
Personnel Clerk (Confidential)
Program Supervisor
Public Information Officer
Purchasing Officer
Recreation Superintendent
Senior Planner
Sports Supervisor
Street Maintenance Foreman
Systems Manager
Teen Supervisor
Accountant I
Accountant II
Administrative Aide
Administrative Assistant
Assistant Planner
Associate Civil Engineer
Associate Planner
Buyer
Center Director
Chief Deputy City Clerk
Chief Deputy City Treasurer
Civil Engineer Assistant
Community Liaison Specialist
Data Management Specialist'
Emergency Preparedness Coordinator
Employment Relations Coordinator
Finance Counselor
H.C.D. Block Grant Coordinator
Manpower and Safety Officer
Rehabilitation Construction Specialist
Sports Coordinator
1
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Res. No. 78-126 3p o 3r:
CLERICAL AND TECHNICAL UNIT
Administrative Clerk
Administrative Secretary
Administrative Technician
Business License Clerk
Central Services Clerk
Clerk Stenographer I
Clerk Stenographer II
Clerk Typist I
Clerk Typist II
Clerk Typist Receptionist
Code Enforcement Officer
Construction Inspector
Employment Relations Technician
Code Enforcement Aide
Graphics Technician
Intermediate Account Clerk
Payroll Clerk
Permit Inspector
Purchasing Clerk
Recreation Aide
Recreation Technician
Reproduction Clerk
Security Guard (Officer)
Senior Code Enforcement Officer'
Youth Services Coordinator
Parts Clerk
Permanent Part-time Classifications in the Clerical and Technical Unit
Business License Clerk
Clerical Aide
Community Services Aide
Deputy City Treasurer
Journalism Intern
Maintenance Aide
Part-time Clerk Typist I
Recreation Leader III
Recreation Leacer IV
Senior Lifeguard