HomeMy WebLinkAboutResolution 12-80 EER pages only 1
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 appellant 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 decision of the City Council
shall be final.
6. 5 Conduct of Grievance Procedure.
a. The time limits specified above may be extended
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to a definite date by mutual agreement of the
employee and the reviewing party.
b. The employee may request the assistance of
' another person of his own choosing in preparing
and presenting his grievance at any level of
review.
C. Employees shall be free from reprisal for
using the Grievance Procedure.
SECTION 7. 0 EMPLOYER-EMPLOYEE RELATIONS PROCEDURE
7. 1 Statement of Purpose. The purpose of this Section
.is to implement Chapter 10, Division 4, Title l of
the Government Code of the State of California (Sec-
tions 3500 et seq. ) captioned "Public Employee Organi-
zations, " and to strengthen the merit system, by
providing orderly procedures for the administration
of employer-employee relations between the City and
its employee organizations. It is the further pur-
pose of this Section to provide procedures for
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tmeeting and conferring in good faith with recognized
employee organizations regarding matters that directly
affect and primarily involve the wages , hours and
other terms and conditions of employment of employees
in appropriate units and that are not preempted by
Federal or State law. However, nothing herein shall
be construed to restrict any legal or inherent
exclusive City right with respect to matters of
general legislative or managerial policy.
7.2 Definitions. As used in this section, the following
terms shall have the meanings indicated:
Appropriate Unit. A unit established pursuant to
the provisions of this Section.
' City. The City of Atascadero, a municipal corpora-
tion, and where appropriate herein, "City" refers
to any duly authorized City representative as herein
defined.
Consult or Consultation in Good Faith. To communicate
orally or in writing for the purpose of presenting
and obtaining views and advising of intended actions.
Day. Calendar day unless expressly stated otherwise.
Employee. Any person regularly and permanently
employed by the City except those persons elected
by popular vote.
Employee, Confidential. An em to ee who in the course
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of Eis duties, has access to information relating to
the City's administration of employer-employee vela-
tions.
Employee Relations officer. The City Manager or his
duly authorized representative.
Employee, Management/Mid-Management. An employee having
responsibility for formulating, administering or managing
the implementation of City policies or programs, or
having authority, in the interest of the City, to hire,
' transfer, suspend, layoff, recall, promote, discharge,
assign, reward, or discipline other employees, or
responsibility to direct them, or to adjust their
' grievances, or effectively to recommend such actions ,
If, in connection with the foregoing, the excercise of
such authority is not of a merely routine or clerical
nature, but requires the use of independent judgment.
Employee Organization. Any organization which includes
employees of the City and which has as one of its
primary purposes representing such employees in their
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employment relations with the City.
Impasse. The representatives of the City and a recog-
nizecT employee organization have reached a point in
their meeting and conferring in good faith where
' their differences on matters to be included in a
Memorandum of Understanding, and concerning which
they are required to meet and confer, remain so
substantial and prolonged that further meeting and
conferring would be futile.
Mediation or Conciliation. The efforts of an impar-
tial third person, or persons, functioning as inter-
mediaries, to assist the parties in reaching a
voluntary resolution to an impasse, through inter-
pretation, suggestion and advice. Mediation and
conciliation are interchangeable terms.
Proof of Employee Support.
a. An authorization card personally signed and
dated by an employee; or
b. A verified authorization petition or petitions
personally signed and dated by an employee; or
' C. Employee dues deduction authorization, using
the payroll register for the period immediately
prior to the date a petition is filed here-
under, except that dues deduction authoriza-
tions for more than one (1) employee organiza-
tion for the account of any one (1) employee
' shall not be considered a proof of employee
support for any employee organization. The
only authorization which shall be considered
as proof of employee support hereunder shall
be the authorization last signed by an employee,.
Said authorization cards must be signed and
' dated within ninety (90) days prior to the
filing of a petition.
Recognized Employee Organization. An employee organi-
zation which has been formally acknowledged_by the
City as the employee organization that represents
the employees in an appropriate representation unit
' pursuant to Sections 7 through 9 hereof.
7. 3 Employee Rights. Except as otherwise provided or
' authorized by law, employees of the City shall have
the right to form, join and participate in the activi-
ties of employee organizations of their own choosing
for the purpose of representation in accordance with
' these Rules and Regulations. Employees of the City
also shall have the right to refuse to join or parti-
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cipate in the activities of employee organizations
and shall have the right to represent themselves
individually in their employment relations with the
City. No employee shall be interferred with, intimi-
dated, restrained, coerced or discriminated against
by the City or by any employee organization because
of his exercise of these rights.
Notwithstanding the foregoing paragraph, the City
Council hereby designates any classifications and
positions comprising the Police Department Unit as
having duties consisting primarily of the enforcement
of State and local laws, and employees in these classi-
fications and positions shall be limited to forming,
joining, participating and being represented by employee
organizations which are composed solely of such law
enforcement employees, which concern themselves solely
and exclusively with the wages , hours, working condi-
tions, welfare programs, and advancement in the academic
and vocational training in furtherance of the police
profession, and which are not subordinate to any other
organization.
i7.4 Employer' s Rights. As employer, the rights of the
City include, but are not limited to, the exclusive
right to determine the mission of its constituent
departments, commissions and boards; set standards of
service; determine the procedures and standards of
selection for employment and promotion; direct its
' employees; evaluate the quality of the performance of
its employees; take disciplinary action subject to
established appellate procedure; relieve its employees
1 from duty because of lack of work or for other legiti-
mate reasons subject to consultation regarding the
impact of such decisions; maintain the efficiency of
governmental operations; determine the methods , 'means
and personnel by which government operations are to be
conducted; determine the types and content of job
classifications; take all necessary actions to carry
out its mission in emergencies; and exercise complete
control and discretion over its organization and the
technology of performing its work.
7. 5 Meet and Confer in Good Faith. The City, through its
representatives, shall meet and confer in good faith
in an effort to reach agreement with representatives
' of recognized employee organizations regarding matters
within the scope of representation`,
The City shall not be required to meet and confer in
good faith on any subject preempted by Federal or State
law, nor shall it be required to meet and confer in good
faith on Employer's Rights as defined in Section 7. 4.
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7.6 Advance Notice. Reasonable written notice shall be
' given to each recognized employee organization affected
by any ordinance, rule, resolution, or regulations
directly relating to matters within the scope of repre-
sentation proposed to be adopted by the City. In case
of emergency when the City determines that an ordinance,
rule, resolution, or regulation must be adopted imme-
diately without prior notice or meeting with a recog-
nized employee organization, the City shall provide such
notice at the earliest practicable time following the
adoption of such ordinance, rule, resolution, or regu-
lation.
7. 7 Petition for Recognition. An employee organization
that seeks to be formally acknowledged as the Recog-
nized Employee Organization representing the employees
in an appropriate unit shall file a petition with the
Employee Relations Officer containing the following
' information and documentation:
a. Name and address of the employee organization.
b. Names and titles of its officers.
C. Names of employee organization representatives
who are authorized to speak on behalf of the
organization.
' d. A statement that the employee organization, as
one of its primary purposes, represents employees
in their employment relations with the City.
1 e. A statement whether the employee organization
is a chapter of, or affiliated directly or
indirectly in any manner, with a local, regional,
' state, national or international organization
and, if so, the name and address of each such
other organization.
' f. Certified copies of the employee organization' s
constitution and by-laws.
' g'. A designation of those persons, not exceeding
two (2) in number, and their addresses, to
whom notice sent by regular United States mail
will be deemed sufficient notice on the employee
organization for any purpose.
h. A statement that the employee organization has
no restriction on membership based on race,
color, creed, sex or national origin.
' i. The job classification or title of employees in
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then' t be appropriate and the
unit deemed o
number of member employees therein.
j A statement that the employee organization has
in its possession proof of employee support
to establish that a majority of the employees
in an appropriate unit have designated the
employee organization to represent them in
their employment relations with the City. Such
' written proof shall be submitted for confirma-
tion to the Employee Relations Officer, however,
the employee organization may request that
such written proof be submitted to a mutally
agreed upon disinterested third party.
h. A request that the Employee Relations Officer
formally acknowledge the petitioner as the
Recognized Employee organization representing
the employees in the appropriate unit for the
' purpose of meeting and conferring in good faith.
The petition, including all accompanying docu-
ments, shall be declared to be true, correct
and complete, under penalty of perjury, by
the duly authorized officer(s) of the employees'
organization executing it,
' 7. 8 Employee' s Former Organization. Notwithstanding the
fact that an employee hired or merged with the City
organization was formally a member of an employee organi-
zation which represented the employees within the scope
of the-Meyer-Milias Brown Act, each of said employees
1 must comply with the provisions of the rules and regu-
lations as a condition of being recognized as an
employee organization.
' 7. 9 City Response to Recognition Petition. Upon receipt of
t e petition, the Employee Relations Officer shall deter-
mine whether:
a. There has been compliance with the requirements
of the Recognition Petition, and
b. The proposed representation unitisan appro-
priate unit as determined by the Employee Rela-
tions Officer as defined in Section 7 . 14.
If an affirmative determination is made by the Employee
Relations Officer, he shall so informthepetitioning
' employee organization, shall give written notice of
such request for recognition to the employees in the
unit and shall take no action on said request for thirty
(30) days thereafter. If either of the foregoing matters
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are not affirmatively determined, the Employee Relations
Officer shall offer to consult thereon with such peti-
tioning employee organization, and, if such determina-
tion thereafter remains unchanged, shall inform that
organization of the reasons therefor in writing. The
petitioning employee organization may appeal such deter-
mination in accordance with Section 7. 17 of these Rules
and Regulations.
' 7. 10 Challenge to Filed Petitions. Within thirty (30) days
o the date written notice was given to affected
employees of a valid recognition petition for an appro-
priate unit has been filed, any other employee organiza-
tion may file a competing request to be formally-acknow-
ledged as the recognized employee organization of the
employees in the same or overlapping unit (one which
' corresponds with respect to some but not all the classi-
fications or portions set forth in the recognition peti-
tion being challenged) , by filing a petition evidencing
proof of employee support in the unit of at least thirty
(30) percent and otherwise in the same form and manner
set forth in Section 7.7. If such challenging petition
seeks establishment of an overlapping unit, the Employee
Relations Officer shall hold a hearing on such over-
lapping petitions at which time all affected employee
organizations shall be heard. Thereafter, the Employee
Relations Officer shall determine the appropriate unit
or units between such overlapping units in accordance
with the criteria set forth in Section 7. 14. The peti-
tioning employee organization shall have fifteen (15)
days from the date notice of such unit determination is
communicated to them by the Employee Relations Officer
to amend their petitions to conform to such determina-
tions or to appeal pursuant to Section 7. 17.
7. 11 Recognition Without Election. If the written proof
submitted by the employee organization is found to be
appropriate and established that it represents more
than fifty percent (50%) of the employees in such unit,
Employee Relations Officer may, in his discretion, grant
formal recognition to such employee organization without
a ballot election.
7. 12 Election Procedure. In the event that recognition is
not granted pursuant to Section 7. 11 above, the Employee
Relations Officer shall arrange for a secret ballot
election to be conducted by a party agreed to by the
Employee Relations Officer and the concerned employee
organization (s) , in accordance with such party's rules
and procedures subject to the provisions of these Rules
and Regulations. All employee organizations who have
duly submitted petitions which have been determined to
be in conformance with these Rules and Regulations shall
' be included on the ballot. The choice of "no organization"
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shall also be included. Employees entitled to vote
in such election shall be those persons employed in
regular permanent positions within the designated
appropriate unit who were employed during the pay
period immediately prior to the date which ended at
' least fifteen (15) days before the date the election
commences, including those who did not work during such
period because of illness, vacation or authorized leaves
of absence, and who are employed by the City in the
same unit on the date of the election. An employee
organization shall be formally acknowledged as the
Recognized Employee Organization for the designated
appropriate unit following an election or run-off elec-
tion if it received a numerical majority of all valid
votes cast in the election. In an election involving
three or more choices, where none of the choices receives
a majority of the valid votes cast, a run-off election
shall be conducted between the two choices receiving
the largest number of valid votes cast; the rules govern-
ing an initial election being applicable to a run-off
election.
There shall be no more than one valid election under this
section pursuant to any petition in a twelve (12) month
period affecting the same unit. In the event that the
parties are unable to agree on a third party to conduct
an election, the election shall be conducted by the
California State Conciliation Service.
Costs of conducting elections shall be borne in equal
shares by the City and each employee organization appearing
on the ballot.
7. 13 Decertification of Recognized Employee Organization. A
Decertification Petition alleging that the incumbent
Recognized Employee Organization no longer represents a
majority of the employees in the appropriate unit may be
filed with the Employee Relations Officer only during the
months of October or November of each year following the
' first full year of formal recognition. A Decertification
Petition may be filed by two or more employees or their
representative, or an employee organization, and shall
' contain the following information and documentation
declared by the duly authorized signatory under penalty
of perjury to be true, correct and complete:
' a. The name, address and telephone number of the
petitioner and a designated representative auth-
orized to receive notices or requests for further
' information.
b. The name of the established appropriate unit and
' of the formally Recognized Employee Organization
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sought to be decertified as the representative
of that unit.
1 c. An allegation that the formally Recognized
Employee Organization no longer represents a
majority of the employees in the appropriate
unit, and any other relevent and material facts
relating thereto.
d. Written proof of Employee Support, as herein
defined, that at least thirty (30) percent of
the employees in the established appropriate
unit no longer desire to be represented by the
formally Recognized Employee Organization. Such
proof shall be submitted for confirmation to the
' Employee Relations Officer or to a mutally agreed
upon disinterested third party within the time
limits specified in this Section.
The Decertification Petition may be accompanied
by a Recognition Petition for that established
appropriate unit. Such accompanying Recogni-
tion Petition shall comply with the requirement
of Section 7. 7.
The Employee RelationsOfficer shall determine
whether the Petition h�s been filed in compliance`
with the applicable provisions of these Rules and
Regulations. If his determination is in the nega-
tive, he shall offer to consult thereon with the
representative (s) of such petitioning employees
or employee organization, and, if such determina-
tion thereafter remains unchanged, shall return
such Petition to the employees or employee organi-
zation with a statement of the reasons therefor
in writing. If the determination termination of the Employee
Relations Officer is in the affirmative, he shall
give written notice tolsuch Decertification or
Recognition Petition to the incumbent Recognized,
1 Employee Organization and to unit employees.
The Employee Relationsl, Officer shall thereupon
1 arrange for a secret ballot election to be held
on or about fifteen (1�) working days after such
notice to determine the wishes of unit employees
1 as to the question of decertification, and, if a.
Recognition Petition was duly filed hereunder, the
question of representation. Such election shall
be conducted in conformance with Section 7. 12.
1 There shall be no morelthan one (1) valid decerti-
fication election in the same unit in any twelve
(12) month period.
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7. 14 Appropriate Units. The basicpolicy objective in deter-
mining appropriate units shal be the effect of a pro-
posed unit on (1) the efficient operations of the City
and its compatibility with the primary responsibility
of the City and its employees to effectively and econom-
ically serve the public, and (2) to provide employees
with effective representation based on recognized com-
munity of interest considerations. These policy objec-
tives require that the appropriate unit shall be the
broadest feasible grouping of positions that share an
identifiable community of interest. Factors considered
shall be:
a. Similarity of the general kinds of work performed,
types of qualifications required, and the general
1 working conditions.
b. History of representat on in the City and similar
1 employment; except, however, that no unit shall
be deemed to be an appropriate unit solely on
the basis of the exten to which employees in the
proposed unit have organized.
C, Consistency with the o ganizational patterns of
the City.
rd. Number of employees and classifications, and the
effect on the administration of employer-employee
relations created by the fragmentation of classi-
fications and proliferation of units.
e. Effect on the classification structure and impact
on the stability of the employer-employee rela-
tionship of dividing a single or related classi-
fications among two or more units.
rThe Employee Relations Officer shall, after notice to
and consultation with affected employee organizations,
allocate new classifications or portions, delete elimi-
nated classifications or portions; and retain, reallo-
cate or delete modified classifications or portions from
units in accordance with the provisions of this Section.
7. 15 Modification of Established Appropriate Units, Requests
by employee organizations for modifications of established
1 appropriate units may be considered by the Employee
Relations Officer only during the period specified in
Section 7. 13 above. Such requests shall be submitted
in the form of a Recognition Petiion, and. in addition
1 to the requirements established for a Recognition Petition,
shall contain a complete statement of all relevant facts
and citations in support of the proposed modified unit
in terms of the policies and standards set forth in Sec-
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tion 7 of these Rules and Regulations. The Employee
Relations Officer shall process such petitions as
I other Recognition Petitions under Section 7. 7, if he
determines modification of an established unit to be
appropriate.
The Employee Relations Officer may on his own motion
propose during the period specified in Section 7.13 that
an established unit be 'modifi d. The Employee Relations
Officer shall give written notice of the proposed modi-
fication (s) to any affected employee organization (s)
and shall hold a meeting concerning the proposed modi-
fication (s) , at which time all affected employee organi-
zations shall be heard. Thereafter the Employee Relations
Officer shall determine the c mposition of the appro-
priate unit or units in, accordance with Section 7. 14 .
and shall give written notice of such determination to
the affected employee organizations. The Employee Rela-
tions Officer's determinations may be appealed as pro-
vided in Section 7. 17. If a unit is modified pursuant
to the motion of the Employee Relations Officer hereunder,
employee organizations may thereafter file Recognition
Petitions seeking to become the Recognized Employee Organi-
zation for such new appropriate unit or units.
7. 16 Cost of Election Proceedings. ) The cost of any election
' proceeding shall be borne by the employee organization (s)
whose name (s) appear on ` the ballot.
7.17 Appeals. An employee organization aggrieved by an appro-
priate unit determination by the Employee Relations
Officer under these Rules and Regulations may, within
ten (10) working days of notice thereof, request through
the City Manager the interven ion of the California State
Conciliation Service pursuant to Civil Code Section
' 3507. 1 and 3507. 3, or may, in lieu thereof or thereafter,
appeal such determination to the City Council for final
decision within fifteen (15) working days of notice of
the Employee Relations Officers determination or the
determination of proceedings conducted by the California
State Conciliation Service, whichever is later. Costs
of the State Conciliation Service intervention, if any,
' shall be at the requesting party's expense.
An employee organization aggrieved by a determination
of the Employee Relations Off cer that a Recognition
Petition, Challenging Petition, or Decertification Peti-
tion, or employees aggrieved by a determination of the
Employee Relations Officer that a Decertification Petition
has not been filed in compliance with applicable provisions
of these Rules and Regulations , may, within fifteen (15)
working days of notice of such determination, appeal the
determination to the City Council for final determination.
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Appeals to the City Council should be filed in writing
with the City Clerk, and a copy thereof served on the
' Employee Relations Officer. The City Council should
commence to consider the matter within twenty (20)
working days of the filing of this appeal and its deci-
sion shall be final and binding.
7. 18 Currency of Information by Recognized Em loyee Organiza-
tion. All changes in information filed with the City
by--a Recognized Employee Organization in its Recognition
Petition shall be submitted in writing to the Employee
Relations Officer within fourteen (14) working days of
' such change.
Each formally Recognized Emp1 yee Organization may select
up to two (2) employee members of such organization to
attend meet and confer sessio s with the Employee Rela-
tions Officer and/or his desi nees on subjects within
the scope of representation without loss of compensation
on those occasions when such meetings are scheduled
during regular working hours. where exceptional circum-
stances warrant, the City Manager may approve the atten-
dance at such meetings of additional employee representa-
tives.
7. 19 Meet and Confer Process
' 7. 19. 1 Representation of Membersh p. For the purpose of the
meet and confer process, tie Recognized Employee
' Organization shall represent only the members of its
organization.
' 7. 19.2 Proposals. Only a Recognized Employee Organization,
FY_ and through its designated representatives, at any
time subsequent to January 1 and prior to April l of
any calendar year, may submit to the City Manager a
written proposal in such f rm as the Recognized
Employee Organization deem appropriate, indicating
the items and matters it wishes to submit for dis-
t cussion in the meet and confer process. Any Recognized
Employee Organization which does not, within the time
permitted therefor, submit such a written proposal
shall be deemed, for all purposes , to have waived its
right to engage in the meet. and confer process during
that calendar year. However, meet and confer sessions
' will be held at other times than specified herein upon
mutual consent of the representatives of the City and
the Recognized Employee Organization. The City will
give a Recognized Employee Organization the opportunity
to meet with City representatives at other times
regarding the effect of any proposed action of the
City relating to matters within the scope of representa-
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tion unless foreclosed by a Memorandum of Under-
standing then in force between the City and the
' Recognized Employee Organization.
7. 19. 3 Proposal -Meeting. At such time as a Recognized
' Employee Organization submits a proposal, the City
Manager shall review the same, and within thirty
(30) calendar days after April 1, he shall establish
a time and place for the commencement of the meet and
confer process. He shall give at least twenty-four
(24) hours ' written notice to the representatives
of such organization of the time and place of such
proposal meeting, which notice shall include an -
agenda containing the items to be discussed at such
meeting. Only matters set forth on such agenda
shall be discussed as a part of such proposal meeting
of the representatives of the City and the employee
organization.
The notice provisions contained herein need not be
observed where a proposal meeting is continued to
another time and place by mutual consent of such re-
presentatives. Additional items may be added to an
agenda upon the written request of either party pro-
vided that such requests are made not less than twenty-
four (24) hours in advance of a scheduled meeting,
and only if such items are the proper subject matter
for such meet and confer process. Except as otherwise
provided herein, attendance at such meeting shall be
' limited to not more than three (3) designated repre-
sentatives of the Recognized Employee Organization
submitting the proposal and three (3) or less representa-
tives of the City.
7. 19. 4 Memorandum of Understanding. At the conclusion of the
' meet and confer process , if agreement is reached, the
representatives of such Recognized Employee Organiza-
tion and the City Manager or his designated represen-
tative shall execute a memorandum of such under-
standing. The memorandum shall be transmitted to the
City Council for its determination.
' 7. 20 Notices., Except as otherwise provided herein, notices
required pursuant to the provisions of this Section
shall be given by United States mail, postage pre-
paid'
re-paid, adressed to the receipient at his last-known
address. In lieu of mailed notices required, personal
delivery of such notices may be made in order to assure
timely receipt thereof. Notice shall be deemed, for all
purposes, to have been given upon physical delivery
thereof, or upon its deposit in the custody of said
postal service.
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2 s The following classes of
7. 1 Designation of Employee g
employees of the City shall be deemed management,
mid-management, elected or confidential employees, as
hereinafter indicated; such employees shall not be
eligible to serve as representatives of any Recognized
Employee Organization other than as members of thein
' own recognized unit for the purpose of the meet and
confer process.
1 Management t
City Attorney
City Councilmember
City Manager
Finance Director
Fire Chief
Personnel Director
Planning Director
Police Chief
Public Works Director
Recreation Director
Mid-Management
Associate Planner
Deputy City Clerk
' Fire Captain
Police Sergeant
Public Works Superintendent
' Recreation Supervisor
Confidential
' Departmental Secretaries
Personnel Clerk
Secretary to City Manager
Senior Account Clerk, Finance Dept.
7.22 Violation. Any officer or employee of the City
who interfers, intimidates, restrains, coerces , or dis-
criminates against any other City officer or employee
with respect to the exercise of such officer' s or
employee' s rights shall be subject to disciplinary
action.
7.23 Administrative Rules. The City Manager is hereby authorized
an directed to prepare and issue, after reasonable con-
sultation with any and all Recognized Employee Organiza-
tions, such supplementary rules as he deems appropriate
' relating to employer-employee relations which are not in
conflict with the express provisions of this Section.
7.24 Employee Activities. No City employee on behalf of an
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employee organization shall engage in any type of activity
relating to an employee organization during such time as
r such employee is on duty, except as expressly provided
in memoranda of understanding or as provided under the
provisions of the Myers-Milias Brown Act; nor shall any-
one use any City supplies , equipment or facilities in
conjunction with any activity for any such employee organi-
zation, except as may be provided in the rules referred
to in Section 7.23 hereof.
SECTION 8.0 LAYOFF
8. 1 Intent of Procedure. For reasons of economy and effi-
ciency, or in the interest or mandate of the public,
reductions or curtailments of City services may be required.
In such an event, it may be necessary to lay off one or
more City employees. The following procedure is intended
to give primary consideration to seniority and job per-
formance whenever the layoff of employees is necessary.
The City's decision to abolish a position is not subject
to the employee' s right of appeal or grievance.
8. 2 Procedures .
8.2. 1 Abolition of a Position. When a position within a
department or division is abolished, all employees
in that department or division in the subject classifi-
cation shall be listed in order of their length of
service with the City. The Department Head shall
choose from among their number the least senior employee
to be laid off for each position to be abolished.
' If in any case length of service should be equal,
the appointing authority may take job performance into
consideration in determining the employee to be laid
off. Employees to be laid off shall be given two (2)
weeks written notice of the action.
' 8. 2.2 Transfer or Demotion to Avoid Layoff. Any employee
who is to be laid off may requests in writing, to be
transferred to a vacant position subject to being
qualified for the position being requested, within
the two (2) week notification period. An employee who
has held regular status in a lower classification
within the same department and/or division may request,
within the two (2) week notification period, demotion
to a vacant position in said lower classification or
' an equivalent class in order to avoid layoff. If the
employee makes such a request, a list of employees
as prescribed in Section 8. 2. 1 of these Rules and
Regulations shall be prepared and subject employee
' shall have his name placed among the other names on
said list according to his total length of service in
' - 32