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