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HomeMy WebLinkAbout74-06 - Amending Personnel Rules, Vacations, Holidays, Employee OrganizationRESOLUTION NO. 74-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RULE 20, RULE 12, AND RULE 23, OF THE RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE PERSON- NEL SYSTEM OF THE CITY OF COSTA MESA. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council finds that it is in the best interest of the City and in keeping with sound personnel practices that: RULE 12, SECTION 2 C, pertaining to vacations, be amended as follows: "C. Regular full-time employees in the classified service with an average work week of sixty point five (60.5) hours shall receive an annual vacation with pay in accordance with the following provisions: 1. For one (1) year or more of continuous full-time service, such employee shall have accrued one hundred thirty-three point one (133.1) working hours per year. 2. Upon completion of three (3) years but less than five (5) years of continuous full-time service, such employee shall have accrued one hundred sixty-nine point four (169.4) working hours per year. 3. Upon completion of five (5) years but less than ten (10) years of continuous full-time service, such employee shall have accrued two hundred five point seven (205.7) working hours per year. 4. Upon completion of ten (10) years but less than fifteen (15) years of continuous full-time service, such employee shall have accrued two hundred forty- two (242) working hours per year. 5. Upon completion of fifteen (15) years or more of continuous full-time service, such employee shall have accrued two hundred seventy-eight point three (278.3) working hours per year. The hours set forth herein result in parity of vacation for all City employees. RULE 12, SECTION 12, Paragraph 1, pertaining to holidays, be amended as follows: "The following dates and such other days or portion of days as may be designated by the City Council shall be observed as paid holidays: January 1, New Year's Day; February 12, Lincoln's Birthday; third Monday in February, Washington's Birthday observance; 12:00 p.m. to 3:00 p.m. on Good Friday; last Monday in May, Memorial Day observance; July 4, Independence Day; First Monday in September, Labor Dav; September 9, California's Admission Day; November 11, Veterans' Day observance; fourth Thursdav in November, Thanksgiving; the Friday immediately following Thanksgiving; and December 25, Christmas. In the event any of the above holidays fall on Saturday, the preceding Friday will be observed. In the event any of the above holidays fall on Sunday, the following Monday will be observed. M RULE 20, Paragraph 1, pertaining to service awards, be amended as follows: "Service awards shall be presented to employees in the classified service for five (5) years of service and each five (5) year interval thereafter. RULE 23, pertaining to employee representation, be revised as follows: Section 1. Purpose The purpose of this rule is: (a) to fulfill the provisions of Section 3500 et sea. of the Government Code of the State of California, known as the "Meyers-Milias-Brown Act"; and (b) to provide for procedures for designation of employee groups or units of representation; and (c) to provide for procedures for recognition of the employee organization representing the unit by the City; and (d) to establish a reasonable and orderly method for the meet and confer process; and (e) to adopt certain privileges by the City for its employee organizations. Section 2. Unit Determination The City Manager shall determine appropriate units of representation. The principal criterion in making this decision is whether there is a community of interest among employees. The following factors, among others to be considered in making such determinations are: (a) which unit will assure employees the fullest freedom in their exercise of rights set forth under this article; (b) the relationship of employees in the proposed unit as among themselves, in relation to other employees employed by the City and in similar public employ- ment elsewhere; (c) the effect of the proposed unit on the efficient operation of the City and employer-employee relations; (d) the extent to which employees have common job skills, duties, and requirements; No unit shall be deemed appropriate solely on the basis of the extent to which employees in the unit have organized. No single class of employees shall be divided into more than one unit. a If a dispute arises regarding a unit of recognition, an employee J organization may file an appeal through the City Manager with the City Council. Upon receipt of said appeal, the Council may hold a public hearing to consider the appeal. Its findings shall be final and conclusive. Section 3. Recognition of Employee Organization The City Manager may grant or recertify recognition of one employee organization only in January of each year for each unit that: 9 (a) complies with the application requirements stated below; and (b) demonstrates that more than fifty percent (50%) of the permanent employees of those employed in each classi- fication in the unit are members of such organization. (c) an employee organization which desires to be formally acknowledged and established as a Recognized Employee Organization shall submit a written request therefor, L containing the following information: (1) a written request for recognition. (2) a copy of organization's constitution, charter, bylaws. (3) name and address of the employee organization and its officers. (4) whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional, state, national, or international organization. If so, the name and address of each such organization. (5) names of the representatives not to exceed three (3) authorized to speak on behalf of the organization. (6) names and addresses of those persons, not to exceed two (2), to whom notices sent by regular United States Mail will be determined sufficient notice to the employee organization for any purpose. (7) membership affidavits, on forms provided by the City, containing the signatures of members and other information deemed necessary by the City Manager. (8) a statement that one of the prime purposes of the employee organization is to represent employees in their employment relations with the City. (9) a statement that the employee organization has no restrictions on membership based on race, color, creed, sex, or national origin. (10) a statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. No more than one employee organization shall be recognized for any one class in any one year. An application by a Recognized Employee Organization for a renewal of such status, shall be made in the same manner as a request for initial recognition pursuant to the provisions hereof. The status of any Employee Organization as a Recognized Employee Organization shall be revoked or suspended if the City Manager finds: (1) That the Recognized Employee Organization no longer complies with the provisions of this Resolution relating to its qualifications; or 10 (2) that the Organization has interfered, intimi- dated, restrained, coerced, or discriminated against any public employee who is exercising, or who desires to exercise, rights pursuant to Section 3502 of the Act; or (3) that the Employee Organization by its action has interfered with the normal operations and services of the City. The City Manager shall consider all relevant, competent evidence, and based upon the evidence at hand, shall determine whether or not the Recognized status of the Organization should be revoked. The decision of the City Manager shall be final and conclusive. Section 4. Meet and Confer Process After an Employee Organization is designated as a Recognized Employee Organization, pursuant to the provisions hereof, such organization shall, in writing, advise the City Manager of the names, addresses, and telephone numbers of the persons who will act as representatives of such organization for the meet and confer process. It shall be the responsibility of each Employee Organization to forthwith advise the City Manager of any change in such representation. The City's representatives shall be required to meet only with those persons currently designated as representatives from that organization. For the purpose of the meet and confer process, the Recognized Employee Organization shall represent only the members of its organization. A Recognized Employee Organization, by and through its designated representatives, may submit to the City's representatives a written proposal, in such form as the Recognized Employee Organi- zation deems appropriate, indicating the items and matters it wishes to submit for discussion in the meet and confer process as required pursuant to the provisions of said Act. Any Recognized Employee Organization which does not, within the time prescribed each year by the City, submit such a written proposal, shall be deemed, for all purposes, to have waived its rights to engage in the meet and confer process during that calendar year. Meet and confer sessions may be held at other times than speci- fied herein, only upon themutual consent of the representatives of the City and the Recognized Employee Organization. Considera- tion of other matters at other times will be made upon mutual agreement. Employees of the City shall have the right to form, join, and participate in the activities of Employee Organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including but not limited to, wages, hours, and other terms and conditions of employment as provided for in Sections 3500 at seq. of the Government Code. Employees of the City shall also have the right to refuse to _join or participate 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 inter- fered with, intimidated, restrained, coerced, or discriminated against by the City or by any Employee Organization because of his a exercise of these rights. J Such right of representation does not extend to those things which are necessary to manage, control, and administer the City's opera- tions including, but not limited to, the determining the mission of the City's constituent departments, commissions, and boards; setting standards of service, determining the procedures and standards of selection for employment and promotions; directing employees; taking disciplinary action; relieving employees from 11 duty because of lack of work or other legitimate reasons maintaining the efficiency of governmental operations; deter- mining the methods, means, and personnel by which governmental operations are to be conducted; determining the content of job classifications; taking all necessary actions to carry out the City's mission in emergencies; exercising control and discre- tion over the City's organization and the technology of performing its work; regulating the use of all equipment and other property of the City; establishing, altering, or disposing of operations, departments, commissions, or boards; determining the work to be contracted out; and determining the complement of employees needed or assigned to a particular function or work location. Section 5. Employee Organization Privileges (a) Formally Recognized Employee Organizations may have regular dues of its members deducted from pay checks in accordance with the procedure prescribed by the City Manager. (b) Formally Recognized Employee Organizations may select not more than three (3) employee members of such or- ganization to attend scheduled meetings with management representatives on subjects within the course of representation during regular working hours without loss of compensation. An employee representative shall not leave his or her duty or work station or assignment without specific approval of the department head or other authorized management representative. (c) Reasonable access to work locations shall be granted officers of Recognized Employee Organizations and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning matters within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the department head. Access shall be restricted in such a manner so as to not interfere with the normal operations of the department or established safety or security requirements. (d) Solicitation of membership and activities concerning the internal management of the Employee Organization, such as collecting dues, holding membership meetings, cam- paigning for office, conducting elections, and distributing literature shall not be conducted during working hours. (e) Recognized Employee Organizations may use portions of City bulletin boards as designated by the City Manager or his designee. All material posted on City bulletin boards must receive the prior approval of the appropriate depart- ment head. (f) The City will make available to Recognized Employee Organizations such non -confidential information pertaining to employment relations in the same manner and format as contained in its public records, subject to the limitations and conditions set forth herein and in Government Code Sections 6250 et seq. (g) Employee Organizations may, with the prior approval of the City Manager, be granted the use of City facilities during non -work hours for meetings of the City employees, con- sistent with established City policy regarding use of City facilities. The use of City equipment, other than items normally used in the conduct of business meetings, is tZ is strictly prohibited. No employee may attend a meeting of the Employee Organization during his working time without prior approval of the City Manager. (h) Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action which may include discharge from employment. No Employee Organization, its representatives or members, nor any other employee shall engage in, cause, instigate, encourage, or recognize any strike or work stoppage of any kind. NOW, THEREFORE, BE IT RESOLVED that the original of this Resolution be made a part of the permanent record of the City of Costa Mesa, and that employees be advised of these changes to the Personnel Rules and Regulations set forth herein. PASSED AND ADOPTED this 19th day of February, 1974. .ay of the City of Costa Mesa ATTEST: &� p p. City Clerk of the City of Costa esa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) J I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa, and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 74-6 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 19th day of February, 1974. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this 20th day of February, 1974. City Clerk and ex -officio Clerk the City Council of the City of Cos Mesa