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HomeMy Public PortalAbout83-074 RESOLUTION 83-074 A RESOLUTION OF THE CITY CaOUNCIL OF THE CITY OF CARSON AMENDING THE PERSONNEL RULES, RESOLUTION 82-008 AS AMENDED. THE CITY COUNCIL OF THE CITY OF CARSON HEREBY RESOLVES AS FOLLOWS: Section 1. The Director of Personnel is responsible, under provisions of Section 2904 of The Carson Municipal Code, for preparing and recommending to the City Council, revisions and amendments to the Personnel Rules, for administration of the Personnel System. Section 2. Amendments to the Personnel Rules are to made by the adoption of resolutions of the City Council, following public posting of notice, and in compli- ance with applicable provisions of State law concerning meeting and conferring on matters within the scope of representation. Section 3. Notice of amendments to the Personnel Rules was posted at least five (5) days prior to City Council consideration of this resolution. Section 4. The Director of Personnel has mot and conferred with repre- sentatives of all recognized employee groups. Section 5. Rule XVI of the Personnel Rules is amended to read as follows: RULE XVI GRIEVANCE PROCEDURES SECTION I - PURPOSE OF GRIEVANCE PROCEDURE: The grievance procedure shall be used to resolve employee complaints concerning terms and conditions of employment with the city. The grievance procedure shall not be used for: (a) The resolution of any complaint concerning any disciplinary action; or (b) The resolution of any complaint concerning any aspect of the examination process; (c) The resolution of any complaint relating to any concerted refusal to work. SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE: When an employee has a complaint, the employee shall first. informally discuss the matter with the employee's immediate supervisor within five (5) working days from the incident or. decision generating the grievance. If after the discussion with the immediate supervisor, the complaint has not been satisfactorily resolved, the employee shall have the right to informally discuss the complaint with the supervisor's immediate superior. If after such a discussion, the complaint has not been satisfactorily resolved the employee shall have the right to file a formal grievance. SECTION 3 FORMAL GRIEVANCE PROCEDURE: The formal grievance shall be used to resolve an employee's complaint not satisfactorily resolved by informal discussion. (a) An employee shall have the right to present a formal grievance, in writing, within five (5) working days after the informal discussion of the grievance with the immediate supervisor and the immediate supervisor's superior. All formal grievances shall state the reasons for the complaint and the employee's suggested solution. Resolution 83-074 Page 2 (b) The formal grievance shall be presented to the department director. The department director shall discuss the grievance with the employee or the employee's representative. Within five (5) working days after receipt of the formal grievance, the department director shall render a written decision regarding its merits. If the department director's decision does not satisfactorily resolve the complaint, the employee may present the formal grievance to the director of personnel. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this rule when the employee does not seek further review of the grievance within five (5) working days after receipt of the decision of the department director. failure of the department director to render a written decision on the grievance within five (5) working days constitutes a decision denying the grievance. (c) When the employee presents a formal grievance to the Director of Personnel, the Director of Personnel shall discuss the grievance with the employee, or the employee's representative. Within ten (10) working days after receipt of the formal grievance, the Director of Personnel shall render a written decision regarding its merits. If the decision of the Director of Personnel does not satisfactorily resolve the complaint, the employee may present the formal grievance.to the City Administrator. The grievance shall be considered resolved, and no further review of.the subject matter of the grievance shall be permitted under this rule when the employee does not seek further review of the grievance within five (5) working days after receipt of the decision of the Director of Personnel. (d) When the employee presents a formal grievance to the City Administra- tor, the City Administrator shall discuss the grievance with the employee, or the employee's designated representative. Within fifteen (15) working days after receipt of the formal grievance, the City Administrator shall render a written decision regarding its merits. The decision of the City Administrator shall resolve the grievance and no further review of the subject matter of the grievance shall be permitted within the City's administrative process. (e) A division head shall have the right to present a formal grievance to the department director within ten (10) working days fran.the date of the incident or decision generating the grievance. A grievance filed by a division head shall be reviewed by the department director in the same manner as described in subsection (b) except that if the decision of the department director does not satisfactorily resolve the complaint, the division head may present the formal grievance to the City Administrator. (f) When the division head presents a formal grievance to the City Administrator, the City Administrator shall discuss the grievance with the division head, or the division head's representative. Within fifteen (15) working days after receipt of the formal grievance, the City Administrator shall render a written decision regarding its merits. The decision of the City administrator shall resolve the,grievance and no further review of the subject matter of the grievance shall be permitted within the city's administrative process. (g) The city shall not institute any reprisals against any employee or any representative resulting from the use of the grievance procedure. The City Administrator may designate a department director or third party to serve as the final reviewer for either employee grievances or division head grievances. PASSED, APPROVED, AND ADOPTED this 16th day of May, 1983. MA R AT�.JST: CITY CLEM- r Reso. No. 83-074/Page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 83-074 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 16th day of May, 1983, and that the same was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Bridgers, Calas, Egan and Muise NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mills City Clerk, City o Carson California