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HomeMy WebLinkAboutResolution 74-92 (2) RESOLUTION NO. 74-92 ATTACHMENT Page 1 ADDENDUM TO MOU'S FOR LOCAL 817 S.E.I.U. CLERICAL AND GENERAL SERVICES BARGAINING UNITS Section A, "Disciplinary Procedure", is added to SEIU's MOU for: 1. The Clerical Unit; and 2. The General Services Unit to read as set forth in Exhibit A hereto, hereby incorporated herein. This addendum shall be binding during the term of these respective MOUs and shall supercede the current or amended rules regarding discipline during the term of these agreements. The rules contained in this addendum shall apply to those disciplinary actions which arise during the term of this addendum. Dated: CJ���q 9'� SEIU, Local 817 Clerical and General Services Units: Q-nuc ' CITY OF ATASCADERO: RESOLUTION NO. 74-92 ATTACHMENT Page 2 EXHIBIT A to MOUs for Clerical and General Services Bargaining Units Section A Disciplinary Procedure A.01 Policy Statement Disciplinary actions are intended to be corrective and progressive in nature with the objective of obtaining compliance with rules, orders, procedures, standards of conduct and/or expected job performance. Violations of the rules, orders, procedures, etc. will be viewed from the perspective that corrective or discipli- nary action taken should be limited in severity to that commensurate with the alleged infraction(s) . The City shall determine appropriate disciplinary action to be taken. Any employee holding regular status in the City service may be disciplined for cause provided the rules and pro- visions prescribed herein are followed. All disciplinary actions shall become a part of the employee's personnel record, unless otherwise noted below. A. 02 Disciplinary Actions The following are appropriate disciplinary actions that may be taken as corrective measures: Oral Reprimand A supervisor may provide an oral repri- mand which notifies an employee that performance or behavior must be improved. The oral reprimand should include a discussion of the specific problem, policy, rule or legal provision violated. The oral reprimand should establish goals leading to improvement and should also inform the employee that failure to improve will result in more serious disciplinary action. The super- visor may make a note of the date, time, and content of the oral reprimand and may send a confirming memo to the employee; however, no record of the oral reprimand is to be placed in the employee's personnel file unless subse- quent similar disciplinary action becomes sustained. Written Reprimand A supervisor may reprimand an employee by providing a written statement which outlines the prob- lem; the specific policies, rules or legal provisions violated; constructive assistance toward correction; and, an indication that more serious disciplinary action could occur -should the unsatisfactory conduct continue or re- cur. A letter of Written Reprimand shall be provided to the employee and made a part of the employee's personnel record. As part of the written reprimand the Department Head may impose a time limit of how long it stays in the file. Such reprimands shall not be subject to appeal, but the employee shall have the right of rebuttal by RESOLUTION NO. 74-92 ATTACHMENT Page 3 Exh. A to MOUs for Clerical and General Services Bargaining Units Page 2 providing a written statement which will be included in the personnel record along with the written reprimand. Temporary Suspension of Leave Accruals A Department Head may suspend sick leave and/or vacation leave accruals, for disciplinary reasons, for a period not to exceed six (6) months. A temporary suspension of leave accruals will not effect the employee's Anniversary Date. Such action is subject to appeal as outlined in the procedures below. Suspension A Department Head may suspend the employment of an employee without pay. Persons under suspension shall not accrue sick leave and vacation during such suspensions. A new benefit date shall be established in accordance with these rules unless otherwise recommended by the Department Head and approved by the City Manager. Such action is subject to appeal as outlined in the pro- cedures below. Reduction in' Salary A Department Head may reduce the salary of an employee, for disciplinary reasons, provided that such reduction shall be to a step within the salary range of the position held by the employee. Such action is subject to appeal as outlined in the procedures below. Disciplinary Demotion A Department Head may demote an employee, for disciplinary reasons, to any position with a lower salary allocation, provided the employee meets the minimum qualifications for the lower-level position. Such demoted employee shall not be eligible for promotion for a period of six (6) months unless otherwise recom- mended by the Department Head and approved by the City Manager. Such action is subject to appeal as outlined in the procedures below. Discharge A Department Head may terminate the employment of an employee for cause. Such action is subject to appeal as outlined in the procedures below. A.03 Causes. for Disciplinary Action The following reasons shall be deemed sufficient for disciplinary action, but such action need not be limited to these reasons: a) Fraud in securing appointment; b) Incompetency; RESOLUTION NO. 74-92 ATTACHMENT Page 4 Exh. A to MOUS for Clerical and General Services Bargaining Units Page 3 c) Neglect of duty; d) Insubordination, defined as failure to obey a direct order or policy of a supervisor or superior, when that order is clearly understood, and the order is both lawful and does not cause an unreasonable safety risk. Insubor- dination may occur when an employee's actions involve a resistance to, or a defiance of, his/her supervisor, such as the use of insolent, abusive or obscene language when used to challenge a supervisor' s authority; e) Dishonesty; f) Insobriety, unauthorized use, or possession of alco- hol, controlled substances or habit forming drugs during duty hours; g) Addiction to or current use of narcotics, habit-form- ing drugs, abuse of prescribed drugs or alcohol which prevents an employee from performing the duties of the job or would endanger the health and safety of the em- ployee or other individuals; h) Absence without approved leave; i) Conviction of a crime which relates to the qualifi- cations, functions or duties of the employee' s position; j) Discourteous treatment of the public or other employ- ees k) Improper political activity as defined by the City Municipal Code and Government Code; 1) Willful disobedience; m) Misuse of City or public-owned property; n) Other failure of good behavior, either during or out- side of duty hours, which is of such a nature that it causes discredit to the City; o) Refusal to adhere to any oath or affirmation which is required by law in connection with employment; p) Violation of any of the provisions of these rules and regulations, departmental rules and regulations or City policies; RESOLUTION NO. 74-92 ATTACHMENT Page 5 Exh. A to MOUs for Clerical and General Services Bargaining Units Page 4 q) Failure to abide by reasonable safety precautions; r) Misuse or abuse of sick leave; and/or s) Failure to meet performance standards. A. 04 Initial Investigation An alleged violation of policy, procedure, rules, regulations, directives, orders or laws shall be investigated by the employee' s supervisor, De- partment Head or designee. The supervisor shall complete a written report of the investigation including the spe- cific violations, all available facts, statements of witnesses and the employee' s statement. The above in- formation shall be forwarded to the Department Head or designee, including a recommendation of what disciplinary action, if any, should be imposed. A.05 Department Head Review The Department Head or designee shall review the initial investigation and indicate con- currence or modification of the recommended disciplinary action, if any. If the disciplinary action is not sub- ject to appeal, such action, if any, shall be imposed by the Department Head. If the disciplinary action, if any, is subject to appeal, 'the Department Head shall proceed to section A.06, below. A. 06 city Manager Review The City Manager or designee shall review the recommendations of the disciplinary action proposed. Following the approval of the City Manager or designee, a written notice of proposed discipline speci- fying the recommended discipline and the reason for the discipline shall be forwarded by the Department Head to the employee. A copy shall be forwarded to the Personnel Office for review, although it will not be included in the employee's Personnel file. The notice of proposed discipline shall contain the fol- lowing: a) A statement which clearly defines the intent to take action, the specific action to be taken and the proposed date of the action. In cases of suspension, the proposed beginning and ending time should be stated specifically; b) A statement of (and preferably the quoting of) the rule or regulation that has allegedly been violated; c) A statement of the specific action or charges which allegedly have been violated; RESOLUTION NO. 74-92 ATTACHMENT Page 6 Exh. A to MOUS for Clerical and General Services Bargaining Units Page 5 d) A description of the records and documents upon which the proposed action is based and a copy of those records and documents shall be attached with the notice; and e) A statement that, upon receipt of the notice of pro- posed discipline, the employee shall be allowed ten (10) working days from the date of receipt to respond, in writing, of his/her intent to appeal. Failure to respond within the prescribed time following receipt of the no- tice of proposed discipline shall forfeit all further appeal rights of the employee and the proposed discipline will be imposed. A.07 Proposed Discipline Deferred If the employee or desig- nated representative requests the right to respond in writing to the Department Head, imposition of proposed discipline shall be deferred until after a prediscipli- nary hearing. A.08 Predisciplinary Hearing Where a written or oral response has been elected, the Department Head shall schedule, coordinate and conduct a predisciplinary hearing. The Department Head shall conduct the hearing informally and hear appropriate testimony and evidence from the employee on the specific issues of the intended disciplinary ac- tion. The Department Head' s responsibility includes the findings of fact and forwarding of recommendation(s) for disciplinary action to the City Manager after the hear- ing. The failure of the employee to appear for the predisciplinary hearing or the failure to present evi- dence shall forfeit all the employee's appeal rights. A.09 city Manager Final Review The City Manager shall consid- er the findings of fact and recommendation(s) of the Department Head and impose or authorize appropriate dis- ciplinary action. The appropriate disciplinary action as determined by the City Manager shall be determined and forwarded to the Department Head. A. 10 imposition of Discipline The Department Head shall im- pose-the final action authorized by the City Manager by serving the employee with a written notice of discipli- nary action specifying the date(s) upon which the disciplinary action shall be imposed. The notice of disciplinary action shall also inform the employee of the right to appeal to the Personnel Board and shall further inform the employee of any time limitations within which the notice of appeal must be filed to the Personnel RESOLUTION NO. 74-92 ATTACHMENT Page 7 Exh. A to MOUs for Clerical and General Services Bargaining Units Page 6 Board. Disciplinary actions may be imposed prior to the Person- nel Board' s hearing an appeal. A. 11 Right of Appeal An employee who has received a notice of disciplinary action may, within ten (10) working days of its receipt, request a hearing before the Personnel Board in accordance with these rules. The request for a hearing before the Personnel Board shall include: (1) the specific issue(s) appealed, and (2) the information to be considered by the Personnel Board. All information to be considered by the Personnel Board, including but not limited to printed material, physical evidence and list of witnesses, shall be sub- mitted to the City Clerk by the employee or his/her representative at least seven (7)- working days prior to the scheduled hearing. The decision of the Personnel Board shall be final and binding. A. 12 Immediate Removal This procedure shall not preclude the immediate removal of an employee with pay without notice and hearing where the continued presence of the employee would present a hazard or disruption to other employees, the public or the City. An administrative removal with pay pending an investigation requires the approval of the City Manager and is not subject to appeal. When an ad- ministrative removal with pay is imposed and subsequent disciplinary action follows, the employee shall be assured of all due process in accordance with this pro- cedure. A. 13 Right to Representation An employee subject to a meet- ing, interview or an investigation that may result in disciplinary action has the right, upon request, to be represented by an employee representative or an attorney retained by the employee at the employee's expense. Any employee, other than those defined as management, confi- dential or supervisory (unless the employee is a union steward for the employee investigated) shall be permitted to represent another City employee or group of City em- ployees. A. 14 Statute of Limitations No disciplinary action shall be valid against any employee unless the notice of disci- plinary action is served within one ( 1) year after the 9 RESOLUTION NO. ?4-92 ATTACHMENT Page 8 Exh. A to MOUs for Clerical and General Services Bargaining Units Page 7 cause for discipline upon which said notice is based first arose. Disciplinary action based on fraud, embez- zlement or the falsification of records shall be valid if the notice of such is served within three (3) years after the discovery of such fraud, embezzlement or falsifica- tion. A. 15 Disciplinary Arbitration As an alternative to Section A. 11: a) The Union, and only the Union, may, on behalf of an affected employee, appeal disciplinary actions to binding arbitration. Such appeal shall be filed with the City within ten (10) working days from the decision of the City Manager. b) The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within ten (10) days after said notice is given. If the two parties fail to reach agreement on an arbitrator within five (5) days, the State Conciliation Service will be requested to supply a list of five names. Each party will alternately strike from the list until only one name remains. The order of striking will be determined by lot. c) The arbitrator shall be requested to hold a hearing within ten (10) working days of his/her appointment. Five (5) working days notice will be given to all parties of the time and place of the hearing, within ten (10) working days after completion of the hearing, the arbi- trator shall render the decision in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or violates the terms of this agree- ment. However, it is agreed that the arbitrator is empowered to include a recommendation for other non- financial remedies as judged to be proper. The artitra- tor shall submit to all parties his/her findings which shall -be binding and final on both parties. d) Nothing in the foregoing shall be construed to em- power the arbitrator to make any decision amending, changing, subtracting from or adding to the provisions of this Agreement. 3 RESOLUTION NO. 74-92 ATTACHMENT Page 9 Exh. A to MOUS for Clerical and General Services Bargaining Units Page 8 , e) The fees and expenses of the arbitrator shall be shared equally by the City and the Union. All other ex- penses shall be borne by the party incurring them, and neither party shall be responsible for the expense of the witnesses called by the other. If any appeals meeting or hearing shall be scheduled during the work day, any worker required by either party to participate as a wit- ness or appellant in such meeting or hearing shall be released from regular duties without loss of pay or bene- fits for a reasonable amount of time. f) Either party may request an individual to make a written record of the entire arbitration hearing. The cost of the services and expense of such individual shall be paid by the requesting parties upon mutual agreement. A. 16 Grievance Procedure 1. Purpose Grievance procedures for employees are provided herein: (a) To promote improved employer-employee relations by establishing a grievance procedure on matters for which appeal or hearing is not provided by other regulations. (b) To afford employees individually or through recognized employee organizations a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions. (c) To provide that grievances shall be settled in a timely manner. (d) To provide that grievances shall be heard and settled as informally as possible. 2. Matters Subject to Grievance Procedure An employee shall have the right to present a grievance regarding wages, hours and working conditions for which an alternate appeal process is not provided in the rule or is not prohibited under the provisions of the Disciplinary Procedure. A disciplinary action is not a proper subject for the grievance procedure-. 3. Informal Procedure An employee should first attempt to resolve a_ grievance or complaint through discussion with his/her immediate supervisor without undue delay. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/she shall have the RESOLUTION NO. 74-92 ATTACHMENT Page 10 Exh. A to MOUS for Clerical and General Services Bargaining Units Page 9 right to discuss it with his/her supervisor's immediate supervisor. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her superior or superiors. 4. Formal Procedure Formal grievance procedure after exhaustion of the informal grievance procedure shall proceed as follows: (a) Department Review The grievance shall be presented in writing to the employee's Department Head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing and return them to the employee within fifteen (15) working days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) working days, he/she may present the grievance in writing to the City Manager. Failure of the employee to take further action within ten (10) working days after receipt of the decision, or within a total of twenty-five (25) working days if no decision is rendered, will constitute withdrawal of the grievance. (b) City Manager Review Upon receiving the grievance, the City Manager shall discuss the grievance with the employee, his/her representative, if any, and with all other appropriate persons. The City Manager may designate a fact-finding committee or an officer not in the normal line of supervision to advise him concerning the grievance. The City Manager shall render a decision in writing to the employee within fifteen (15) working days after hearing the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) working days after the hearing, he/she may present the grievance to the City Council by filing with the City Clerk _a written request to be heard by the City Council. Such request shall specify each and every cause for grievance. Failure of the employee to take further action within ten (10) working days after receipt of the decision, or within a total of twenty-five (25) working days if no decision is RESOLUTION NO. 74-92 ATTACHMENT Page 11 Exh. A to MOUS for Clerical and General Services Bargaining Units Page 10 rendered, constitutes withdrawal of the grievance. (c) City Council Review Upon receiving the grievance, the City Clerk shall present the appeal to the City Council within fifteen ( 15) working days of receipt of the request for hearing. The City Clerk shall notify the grievant of the hearing date at least ten ( 10) days before the date of hearing. The City Council shall hear the matter within twenty (20) working days of the date the City Clerk officially received the employee's request. The hearing may be continued from time to time to provide the City Council an opportunity to gather and consider all the facts in the matter. The City Council shall, however, render its decision within thirty (30) working days of the first date upon which the matter was heard. The City Council may adopt its own rules of procedure for conducting the hearing, it may hear sworn or unsworn testimony and receive whatever testimony or documentary evidence it shall deem necessary to quickly and equitably resolve the matter. It shall not be required to comply with the judicial rules of evidence or procedure. The hearing shall, be recorded and documented, with the cost of such documentation shared equally. The decision of the City Council shall be final. 5. Conduct of Procedure (a) The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewing party. (b) An employee and/or his/her representative may, when and to the extent necessary, take official City time without loss of compensation in order to participate in the investigation and processing of a grievance, upon notification and approval of the Personnel Officer. (c) Employees shall be free from reprisal for using the Grievance Procedure. Both parties agree that if new Personnel Rules and Regulations are adopted, prior to the expiration of this contract, that either SEIU Unit may, at their option, in writing, choose to be governed by these new rules. This change would be applicable to those incidents that arise after the option is exercised.