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HomeMy Public PortalAbout84-120 (10-16-84)RESOLUTION NO. 84-110 A RESOLUTION OF THE CITY OF LYNWOOD DECLARING IMPASSE AND ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City of Lynwood (the "City") and the per, Lynwood City Employees Association (the "Organization") have held numerous meetings over a period of many months for the purpose of negotiating an agreement for salaries, terms, and. ~ conditions of employment for employees represented by the Organization; and WHEREAS, the City has negotiated in good faith and has tendered numerous proposals; and WHEREAS, the City and the Organization have been unable to reach agreement and are not making progress toward the end; and WHEREAS, at the invitation of the City, the City and the Organization sought mediation sources, and the mediator has advised the parties thay they are at impasse; and WHEREAS, the City is empowered to establish terms and conditions of employment when impasse has been reached; WHEREAS, the City Council desires to implement its final offer; NOW, THEREFORE, the City Council of the City of Lynwood does resolve as follows: Section 1. The City Council finds and determines that the City and the Organization are at impasse, that mediation has occurred and not resolved,. the impasse and fact finding has been declined by City. Section 2. The City Council approves as terms and conditions of employment for the members of the Organization those terms and conditions set forth in Attachment No. 1 hereto, which is incorporated herein by reference. Resolution 83-71 is hereby amended by substituting for Exhibits A, D, and F of said Resolu- tion the like-designated Exhibits attached hereto and incorporated herein by reference. Section 3. Staff is authorized and directed to make changes to the Personnel Rules and Regulations of the City as necessary and appropriate to conform these to Section 2 hereof. Until such changes have been made, the existing Rules and Regula- tions shall be applicable. Section 4. Staff is authorized and directed to prepare and present at the earliest possible time changes to the City budget to reflect the provisions of Section 2 hereof. APPROVED and ADOPTED thi s 16th day of October 1984. ~ M sis, MAY R City o Lynwood ATTEST: ~~ ~ ~ ~~ Andrea L. Hooper, CITY CLRRK City of Lynwood ~ ~~~~ City Attorney ~-~~~-~ Sandra L. Chapek, Personnel Manager STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) 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 16th day of -October 1984. AYES: COUNCILMEN BYORK, ROWE, THOMPSON, MORRIS NOES: COUNCILMAN HENNING ABSENT: NONE City Clerk, City ofCity of Lynwo~ i ATTACHMENT NO WAGES AND TERMS AND CONDITIONS OF EMPLOYMENT I i °XFIZBIT A RULE XI ATTEY~ANCE AND LEAVES Section 1. Annual Vacatior. Leave: The purr,ose of annual vacation leave is to enable each eligible employee annually to return to his work mentally refreshed. 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 r^irefiahters 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 working the 56 hour shift schedule shall earr. vacation credits at the rate of six (6) 24 hour fire shifts off afteRthe 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 ten (101 24 hour fire shifts. All other classified employees in the first through seventh year of continuous service shall earn vacation credit at the rate of ten (101 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. 3eginnir_g with the fif teenth year of continuous service and thereafter these employees shall earn vacation credit a t 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 foRhis 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 evert, however, will paid vacation be granted in excess of earned vacation credits. ~+ '~ The times during a calendar year at which an employee may I take his vacation 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, rot later than the first day of October of any calendar year, make a request of his department head and the Personnal 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 following calendar year'. The department head and the Personnel Officer, acting jointly, 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 request. if the request is granted the employee shall be entitled to said one week's vacation during the calendar year immediately following the calenda_* 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. IInder no circumstances, however, may any employee accrue more than twenty-eight (28) calendar days (20 working days) of vacation in one calendar year. - Employees eligible for vacation leave must take a minimum- o£ 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 and in the absence thereof, resolutions adopted by the City Council to which reference is hereby made for greater particularity. 1377c/2019/00 -2- Section 2. Sick Leave: Sick leave with pay shall be granted by the City Manager at the rate of one (1) work day for each calendar month of service for all civil service classified emplcyees, 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-hal£ shift shall be credited as a whole shift and any 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 no event will sick leave with pay be granted in excess of that which is accrued. In order to receive compensation while absent on sick Ieave, Fire employees on a shift or platoon system shall notify the immediate supervisor in accordance 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 notification is physically impractical. A physician's certificate or personal statement will be submitted for absences of three (3) days or more, two (2) shifts or more for shift Fire Personnel. 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 employee's ability to perform his duties satisfactorily and safely. The City maintains the right to discipline ary employee for excessive absenteeism. z~ There shall be a sick leave pay off program. This program uses a sick leave limit of ninety-six (96) work days or fifty-two (52} shifts for Fire shift Personnel and the frozen amount, if applicable, which consists of sick leave hours earned in excess of 96 work days (52 shifts) prior to July 1, 1374 and retained and frozen as of that date. The metrod of compensation shall be an a straight time pay basis at the rate of pay in effect at the time of pay off. The pay off program has three elements: retirement, resignation or te__*mination and annual compensation. For purposes of the pay off program retirements are lirmited solely to regular service (non-disability) retirements. Upon regular service (non-disability) retirement employees shall receive SOo compensation for unused sick leave hours up to the maximum of ninety-six (96) work days or fifty-two (52) shifts. Soq:~ compensation shall also be received for the sick leave hours frozen as of June 30, 1974. ..,..-._ ,~n• a inn -3- For purposes of the pay off program resignations and terminations shall exclude terminations for cause and retirements. Upon resignation or termination as specified herein and only after ten (10) years of continuous City service, employees shall be compensated fcr cne-quarter (1/4) of their unused sick leave hours up to the maximum of ninety-six (96) work days or fifty-two (52) shifts. 25% compensation shall also be received for the sick leave hours frozen as of June 30, 1974. The annual compensation element of the sick leave pay off program provides as follows. 25% of the sick leave earned beyond 96 work days (52 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 beyong the 96 work days or 52 shifts maximum or frozen amount shall be used prior to the earlier earned sick leave. 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 continuar_ce to a full-time general or management 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 deductible from accumulated sick leave for a period not to exceed ninety (90) days. After the 9o day period compensation shall be only as provided in the worker's Compensation Insurance and Safety Act. Section 3. Militar;~ Leave: Military leave shall be granted in accordance with the provisions of State law. All employees 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 permanent classified employee may be granted an unpaid leave of absence of up to thirty (30) days for medical, military or personal and other reasons. Extensions may also be granted for successive periods of up to thirty (30) days each up to a maximum of one hundred eighty consecutive days. Benefits shall not accrue during the term of an unpaid leave of absence : - -_ All requests for unpaid medical ur military leave must be in writing and submitted for department head and City Manager approval. All other requests for leaves of absence lust be 1377c12019/00 -4- r submitted in writing -and be approved by the City Council. Requests for medical leave and extensions of medical leave must be accompanied by a certificate from the employee's physician stating the necessity for the leave or extension. An employee returning from medical leave shall present a certificate from the employee's physician stating that the employee is able to return to his/her normal 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 employee only. Upon ~vpiration of an approved unpaid Ieave of absence the employee shall be reinstated in the position held at the time leave was granted. Failure on the part cf an employee on leave to report promptly at the e~-piration.of such leave shall be cause. for discharge. r+ea~~za^dGtOFUnde/'91an1,y e~ (~T~-t-4h`~.e'J`c~P'f"tiPrPc~ Otw2 `~~`^~'~ ' FeSO(uT(o~+5 Fey +ua ~er[mSgytQ Ccnd ~~l'7ot1s OF Prp(oy rcp ^4~~ry iMf'c5P addrf7ona/gtrC,.d~wcf 1"20'1 ~l'C~"' Section 5. Hours of Work: All offices of the City, except for which special regulations are required, shall be kept open for business on all. days of the year except Saturdays, Sundays, and holidays, continuously from 8 a.m. until 5 p.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) Shift personnel in the Fire Department shall work a fifty-six t56) 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 shift personnel in 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. Memoranda of Understanding or in the absence thereof, other council resolutions fixing terms and conditions of employment may impose additional requirements on hours of work. 1377c/2019/GO -5- 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 disciplinary action. Failure on the part of an 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. Memoranda of Understanding or, in the absence thereof, other council zesolutions fixing terms and conditions of employment may impose additional attendance requirements. 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 requests 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 ro 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 discretion, may request that such attendance records of employees as required or requested 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: Drew Year's Day, Martin Luther King, Jr. 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 Understanding or, in the absence thereof, other resolutions adopted by the City Council. 1377c/2019/00 -6- 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 mar_agement employees. Subject to the Fire Chief's discretion and approval, Fire employees, who work on a shift system, may be allowed u~ 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 grandpzrents of employee or mate; mate, brother, sister, children or grandchildren of employees. RULE XV DISCIPLINARY ACTIONS, APPEALS PNil HEARINGS Section 1. Pre-Discipline Recruirements: 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 Droposing a disciplinary action, most frequently the employee'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 whenever 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 cf the employee is being considered, a copy of the Notice must also be forwarded to tre 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 ar_d 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 origir_al authority, will reconsider the proposed disciplinary action taking into account the employee's response, if any. The relevant Department Head takes final responsibility for the decision except that in cases of proposed dismissal the approval of the City Manager must be obtained. Within five (5) working days from the employee's response date, a decision shall be mzde. P7ritten i37'C/2CI.;CC -7- ~' 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 two (2) working days from the date of decision. This letter of decision will specify reasons 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. Written confirmation of the leave, including the reasons ar_d the proposed duration, must be given in person obtaining the employee's signature or sent by registered mail to the employee within '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 five (5) work days shall pass before a Notice of Disciplinary Consideration is completed and provided to the employee as described move 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. •Yf disciplinary action is considered and later adopted, the measure will usually include suspension for as much of the investigatory leave time as befits the offense. Section 3. Records Purcinq: Records of warning letters and disciplinary actions for less serious offenses may be destroyed upon the employee's request after three ccnsecutive 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, inadequate personal appearance, lack of cooperation or courtesy, tardiness,~absenteeism, carelessness, etc. Records for more serious offenses remain in the employee's file unless after ten (10) years the employer and employee agree to purge such file items. 1377c/2019/00 -E- __ _ - An err~anent employee in the r r Section 4. Complaints. y p 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 or Regulations. The disciplined employee shall fully cosnly 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 represer_tative of his own choosing ir. preparing and presenting his appeal or complaint. 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 procedu_*e set forth below for such allegations. It is the employee's responsibility to provide the immediate supervisor with a verbal sta~ement 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 Department Head, or designee, may arrange a meeting to discuss the matter. If scheduled, such meeting will take place within five (5) working days. The Department Head, or designee, will give a written reply by the end of the fifth (5th) work day following the date of the meeting. 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 r 1377c/2019/00 -9- alleged discrimiratien or violation ^f Personnel Rules, the employee may request in writing, attaching copies of all related material, that the Personnel 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 involved shall be provided with the written decision of the Personnel Manager. In disciplinary cases, this written decision shall include notice of the applicability 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 Department Head and the Personnel Manager within five (5) working days after the scheduled 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 wit:Z 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. Investiaatior_s 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 Office shall notify the person requesting the hearing and the appointing authority 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 select. Upon the conclusion of any investigation or hearing, the Personnel Board shall, within ten (10) days, cause its findings and recommendations to be prepared 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. Suc'r, findings shall be countersigned and filed as a permanent record by the Personnel Officer. The Personnel Officer shall deliver a certified 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 supplemental report which shall be filed as a permanent record by the Personnel Officer. (Res. 82-15) Section 6. Informal Board Hearings Regarding Workin r Conditions: The Personnel Board may informally hear employee suggestions or complaints relative to conduct cf 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 substantiating 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 'r'.ead and the City Manager. The employee must have followed all steps specified in the•Grievance Procedure of the relevant Memorar_dum of Understanding or, in the absence thereof, council resolutions, prior to requesting a hearing before the Personnel Board. While t_^.e Board has no authority to make any judgment 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 perscnnel matters normally handled by the Department Head. 1377c/20I9/00 -11-