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Home My Public Portal About80-037 (04-15-80)J :'<M RESOLUTION N0. 80-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING RESOLUTION N0. 2843 REGARDING THE PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF LYNWOOD WHEREAS, the City Council of the City of Lynwood is authorized and directed under the provisions of Ordinance No. 671 to adopt rules and regulations for the administration of the personnel system created in such ordinance, as recommended by the Personnel Board; and -WHEREAS, the Personnel Board has approved the modification. of such rules-and.- -____. regulations established hereby; and WHEREAS, Skelly vs. State Personnel Board and other recent California court decisions have established the proposition that permanent employees have a property right in continued employment which is protected by due process; and WHEREAS, the existing Personnel System Rules and Regulations of the City of Lynwood, as established in Resolution No. 2843., do not now specify the requirements preceding disciplinary action. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD hereby does resolve that Rule XV hereby is amended by addition of the following title and sections-and by renumbering the original sections 1,. 7, and 3 to sections 4, 5 and 6 respectively: RULE XV v _ DISCIPLINARY ACTIONS APPEALS ~'VD HEARINGS Section 1. Pre-Disceline~ReQUirements: Disciplinary actions involvin the suspension, reduction in .pay, demotion or dismissal o€ permanent classified g t 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 proposing a disciplinary action, most frequently the employee's supervisor, will complete a Notice of Disciplinary Consideration. This Notice wi1.1 include Cho proposed actions, the reasons, and a date for employee response based on the complexity of the charges; znd 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 of the employee is being considered, a copy of the Notice must also be forwarded to the City `tanager. The employee and/or a representative may respond in person and/or in writing in ':seeping with the scheduled dates. Ah extension of the deadline may be requested and will be granted by the initiating authority if the request appears justified and r-easonable._. The authority proposing discipline, and the relevant Department Head, if different from the original authority, will reconsider the proposed disciplinary action taking into account the employ_ee's response,: if any. The relevant Depart- ment Head takes final responsibility for the decision except that in cases of pro- posed dismissal the approval of the City `tanager must be obtained. Within S working days from the employee's response date, a decision shall be made. Written notice of this decision shall be given to the employee in person obtaining his or her sig- nature or, if the employee is unavailable, sent by registered mail within 2 working day s, from the date of decision. This letter of decision will specify reasons for the decision, cite appropriate documentation and info rn the employee of the appeal procedure. A copy of the decision letter will be forwarded to the Personnel Depart- ment and in cases of dismissal to the City Manager. Section 2. Investiaatorv 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. Writ- ten confirmation of the leave, including the reasons and 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.5 work days shall pass before a Notice of Disciplinary Consideration is completed and provided to the employee as des- cribed above 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. If disciplinary action is considered and later adopted, the measure will usually include suspension for "as `much--of the investigatory leave 'dine as-~befits the offense.- Section 3. Records PllrQ1nQ: Records of warning letters and disciplinary. actions for less serious offenses may be destroyed upon the employee's request after three consecutive years during which there have been no. further. incidents similar or related to the reasons for the letters or disciplinary actions and no further warning letters or disciplinary actions on other grounds. Examples of less serious offenses would include poor performance, inadequate personal appear- . ance, lack of cooperation or courtesy, tardiness, absenteeism, carelessness, etc. Records for more serious offenses remain in the employee's. file., unless after 10 years the .employer and employee agree to purge such file items. First read at a regular meeting held on April 1, 1980, and approved and adopted this 15thday of APRIL, 1980. i E.R: Green ~ Mayor ~ City of Lynwood i ATTEST: lam.-~-,~LJ Lau ene Coffev City Clerk City of Lynwood STATE OF CALIFOHN_TA ) ) .S J s COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the C7ty of :Lynwood, do hereby certify that the foregoing resolution was passed a.nd adopted by the City Council of the City of Lynwood at'a ~ regular meeting held on the 1 ~ tY~ day Of ~PRT~ ~ 19 8Q AYES NOESo ABSENT: Councilmen - Byork, Morris, Rowe, Thompson, Green. Councilmen _ None. , Councilmen _ None: Cit~ Clerk, City f ~ ntaood I, the undersigned, City-Clerk of the •City_ of. Lynwood, do hereby certify-that:the~above °nd foregoing resolution was ::duly adopted b.y the. City..Co.uncil 'o f. said ~ City at a~ - -~ -re ular~. meean thereof- held- -in - t:he -Ci y -Hall of:~ g g°~ . - - - - . _. • : ~ said. City , on the:~ 15th day' ,of. APRTr. - , 19 80 ~ and' ,passed by the fol,l~owing- vo.te:: AYES;: COUNCILMEN:--.Byork, Morris, Rowe, Thompson, Green. NOESf COUNCILMEN. - None. .- ABSENT: COUNCTLMEN -•None. ~ I ., - i /~ / 1 City Clerk; City of Lynwood. Laurene Coffey ~ _ _- __- . _. --STATE `OF C:ALI`FO~RN~IA _,.~ -_._ _ ._ - COUNTY .OF LOS"ANGELES ss.' I I, the undersigned City Clerk of the City of L nwood~ Y , and clerk of:t.he City Council.of said City, do hereby certify •that the above and. foregoing ~ is a full, true. and j correct :copy,: of Resolution No: ,-:~~.r~ on file in my . office` and that said; res.olut.ion~ was ad-opted on the date and~by the vote therein stated.. Dated this ~ Rr.r, daY of ; APRTt. , 1980 i .. .. ~. _ ~_ _ _ y ~_ _. . __ -__- -- --,:. ~ I - _. . : ~ City Clerk,. Ci y L,ynwo:od ~ j