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~
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ATTACHMENT NO
WAGES AND TERMS AND CONDITIONS
OF EMPLOYMENT
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°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.
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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.
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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.
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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-
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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 `~~`^~'~ '
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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.
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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.
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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
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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.
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An err~anent employee in the
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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
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1377c/2019/00
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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.
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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
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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.
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