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HomeMy WebLinkAboutReso - CC - 017-2018RESOLUTION NO. 017-2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING AMENDMENT OF THE CIVIL SERVICE RULES AND REGULATIONS AND EMPLOYER-EMPLOYEE RELATIONS RESOLUTION WHEREAS, Burlingame Municipal Code section 3.52 directs the City to establish rules and regulations to provide a merit -based system of personnel administration; and WHEREAS, the Civil Service Rules and Regulations were created in 1992 and have not been substantially revised since; and WHEREAS, as of 1969, the City was required to establish a policy that governs employer-employee relations; and WHEREAS, the Council adopted the Employer -Employee Relations Resolution (EERR) on April 20, 1970, in conjunction with a set of rules to guide implementation of the EERR; and WHEREAS, the EERR has not been revised since; and WHEREAS, the City desires to update the Civil Service Rules and Regulations and the EERR to ensure compliance with current labor laws and modern personnel practices; and WHEREAS, the proposed EERR will supersede the existing Resolution No. 33- 70: and WHEREAS, the proposed changes have been shared with the bargaining units; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame amends the Civil Service Rules and Regulations and Employer -Employee Relations Resolution, as stated in Exhibits A and B, attached to this resolution and incorporated herein. „ s c Michael Brownri*)Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame,/,do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 16th day of January, 2018, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers NONE Meaghan Hassel -Shearer, City Clerk ADMINISTRATIVE PROCEDURES CITY OF BURLINGAME CATEGORY: Personnel December- 2,2009L PAGE: 4.2 SUBJECT: Civil Service Rules and Regulations CITY OF BURLINGAME ❑ ❑ ❑ CIVIL SERVICE RULES AND REGULATIONS These rules may be superseded by Employee Memoranda*ms of Understanding. INDEX PURPOSES, AUTHORITIES AND RESPONSIBILITIES OF THE MERIT SYSTEM OF PERSONNELADMINISTRATION 4 A. PURPOSES OF THE MERIT SYSTEM 4 B. MEMORANDUMS OF UNDERSTANDING 4 C. MERIT SYSTEM AUTHORITIES AND RESPONSIBILITIES 5 1 CityCouncil. 5 2 City Manager. 5 3. Fersennel-BivisieAHuman Resources Department. 6 4. City Officers and Employees. 7 II. RECRUITMENT AND APPLICATIONS 7 A. RECRUITMENT 7 B. ANNOUNCEMENT OF VACANT POSITIONSTO BE FILLED 7 C. FILING OF APPUCATIONS 8 D. REJECTION OF APPLICATIONS 9 E. RECEIPTAND DURATION OF APPLICATIONS 9 F. POSTPONEMENT OR CANCELLATION OF EXAMINATIONS 9 III. EXAMINATIONS AND RATINGS 10 A. EXAMINATION TYPES AND ELIGIBILITY TO TAKE EXAMINATIONS 10 B. EXAMINATION PREPARATION AND ADMINISTRATION 10 C. SELF CERTIFICATION OF SKILLS. ABILITY, OR KNOWLEDGE 11 D. ORAL EXAMINATION BOARDS 11 E. IDENTIFICATION OF EXAMINEES CONCEALED 11 F. FRAUDULENT CONDUCT OR FALSE STATFpMENTS BY APPLICANT 11 G. INTEGRITY OF THE EXAMINATION PROCESS 11 H. RATING 12 I. NOTIFICATION OF EXAMINATION RESULTS 13 J. WAIVER OF EXAMINATION 13 K. RETENTION OF EXAMINATION RECORDS 14 L. EXAMINATION RESOURCES 14 N. EN61BLE-USFEMPLOYMENT LISTS 14 A. USEOFELIGIBEE ; EMPLOYMENTLIST 14 B. ESTABLISHMENT OF EEI6IBFE61 EMPLOYMENTuSTS 14 C. AVAILABILITY OF €l 16JBLf9EuGIBLE PERSONS 14 D. DURATION OF UsTs 14 E. REMOVAL OF NAME FROM LISTS 15 F. RESTORATION OF NAMES TO €UGIBLE65FEMPLOYMENT LISTS 16 G. CONSOUDATION OF ELIGIBLE Lis EMPLOYMENT USTS 16 V. CERTIFICATION 16 A. REQUEST FOR CERTIFICATION 16 B. ANTICIPATION OF NEED 16 C. PROCEDURE FOR OBTAINING CERTIFICATION OFEH61BLfSEuGIBLE PERSONS IN ORDER TO FILL A VACANCY 16 D. APPROPRIATE `ELIGIBLE H"'EMPLOYMENT LISTS 17 E. INCOMPLETE CERTIFICATION 17 F. PROCESSING APPLICANTS SELECTED 17 VI. APPOINTMENTS AND MERIT SYSTEM STATUS 18 A. FILLING OF VACANCIES 18 B. PROBATIONARY APPOINTMENT 18 C. INITIAL REGULAR APPOINTMENT 19 D. PROMOTIONAL APPOINTMENTS 19 E. TEMPORARY APPOINTMENTS 20 2 VII. ADMINISTRATION OF THE CLASSIFICATION PLAN A. PURPOSE OF THE PLAN B. USE OF THE PLAN C. CONTENT OFTHE PLAN D. MAINTENANCE OF THE CLASSIFICATION E. CLASSIFICATION AND ALLOCATION REVIEWS F. CLASS SPECIFICATION G. AMENDMENTSTO THE CLASSIFICATION VIII. DEPARTMENT RULES IX. SUSPENSIONS X. DEMOTIONS XI. DISCHARGE A. PROCEDURE B. CAUSE FOR DISCHARGE XII. HEARINGS XIII. ABOLISHMENT OF POSITION XIV. LEAVES OF ABSENCE A. VACATIONS B. SICK AND DISABILITY LEAVES 1 Sick Leave Defined. 2 Accumulation of Sick Leave 3. Disability Leave. 4. Application for Sick Leave. S Use of Sick Leave. 6 Compulsory Sick Leave. 7. Sick Leave Pay Computation. C. MILITARY LEAVES OF ABSENCE D. OTHER LEAVES OF ABSENCE WITH OR WITHOUT PAY E. RIGHT OF EMPLOYEE TO RETAIN POSITION XV. IMPROPER POLITICAL ACTIVITIES A. SOLICITATION OF CONTRIBUTIONS B. DISCRIMINATION XVI. HOLIDAYS XVII. OUTSIDE EMPLOYMENT 3 21 21 21 21 21 22 22 22 22 23 23 23 23 24 24 25 25 25 26 26 27 27 27 28 28 28 28 28 28 28 28 29 29 30 I. PURPOSES AUTHORITIES AND RESPONSIBILITIES OF THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION A. Purposes of the Merit System In accordance with the provisions of Chapters 3.48 and .52 of the Code of the City of Burlingame, these Rules and Regulations are established to further the intent and policy of the City Council to provide a merit system of personnel administration to aeeemplish the €eller its, _ .at+tnn r B. Memorandaunts of Understandine Provisions of agreements negotiated with employee organizations (Memorandauffis of Understanding) shall take preeedent-Precedence over these rules and regulations where conflicts arse e� _ .at+tnn r B. Memorandaunts of Understandine Provisions of agreements negotiated with employee organizations (Memorandauffis of Understanding) shall take preeedent-Precedence over these rules and regulations where conflicts exist. C. Merit System Authorities and Responsibilities The following designations of authority and responsibility are made with respect to the administration of this merit system: 1. City Council. The City Council shall be the final authority for: a. Approving these merit system rules and regulations and all amendments thereto. It may also request the City Manager to research and prepare amendments and revisions deemed necessary. b. Approving the compensation and pay plan, the classification plan, and all amendments thereto, with the exception of revisions to existing class specifications (includine duties knowledge and licenses/certifications) and class specification titles. which the City Council delegates to the City Manager. c. Recognizingtien of and approving of any agreements with bargaining units representing employees. d. Rendering final and binding decisions for the city in hearings as described in Section C—..4.L-XII Hearings and sustaining, modifying, or overturning the disciplinary or termination actions taken. 2. City Manager. The City Manager shall: a. Be responsible to the City Council for the administration and maintenance of the personnel system subject to these merit system rules and regulations. b. Be the appointing authority responsible for the appointment or removal of all employees subject to the provisions of these rules and regulations, except those appointed and removed by the City Council or elected officials. The City Manager may delegate this appointing authority to such appeinted-department heads as he or she sees fit. c. Be responsible for the preparation ofproposed amendments to the merit system rules and regulations, the classification plan and the compensation and pay plan in cooperation with the Personnel division -Human Resources Department. ed.Approve amendments to existinjZ class specifications (including duties, knowledge, and licenses/certifications) and class specification titles. Changes in compensation, adding and deleting classifications must be approved by the City Council. d-. e. Be responsible for negotiating agreements with bargaining units representing employee groups. e. -i Perform such other duties and exercise such other powers for personnel administration as may be described by law or these merit system rules and regulations. 3. De e nsionHuman Resources Department. The Pepsannel DivisionHuman Resources Department shall: a. Be responsible to the City Manager for the administrative and technical direction of the city personnel program. The Personnel onvuman Resources Department shall administer the provisions of these rules to develop and administer such recruitment and examination programs as may be necessary to obtain or maintain an adequate supply of competent applicants to meet the needs of the city. b. Develop and maintain a comprehensive classification plan and make recommendations to the City Manager for amendments to the plan to reflect on a current basis the duties and responsibilities of each position. c. Maintain the compensation and pay plan, including the periodic review of salary and wage levels as they reflect city employment, and make recommendations to the City Manager for amendments to the compensation and pay plan as needed. d. In keeping with these rules and regulations, maintain a regular review of staffmg and compensation and certify to the Finance Director any addition, deletion, and/or change in city payrolls. e. Review for proper execution and conformance to these Hiles and regulations all personnel actions,— and return for correction any personnel actions not in conformance herewith crud appriave as to the eenfiffmanee all pefsennel . No personnel actions shall be deemed final until approved by the City Manager as being in conformance with these rules and regulations. f. «,.n_ faster all effipleyees of the -6 "Provide for the proper security of personnel records. g. Provide for the orientation of all new city employees. h. Provide such forms and procedures as appropriate to cant' out these rules and regulations and all other aspects of the Burlingame personnel administrative system. L Develop in cooperation with the City Manager and the department heads such training and educational programs for employees in the city service as needed. law e.. Gity Getifteil. kj_Provide staff assistance to the department heads and others in development of effective personnel policies and procedures. k. Recommend to the City Manager amendments to these rules and regulations. 1. On behalf of the Citv Manager, negotiate agreements with bargaining units representing employee groups m. Participate in the administration of personnel provisions of the Memorandauais of Understanding. n. Perform any other functions as necessary or as directed by the City Manager to carry out the purpose and provisions of these personnel rules and regulations. 4. City Officers and Employees. All department heads and officers, whether elected or appointed, and employees shall comply with and carry out both their prescribed duties and the_ nte;t-ei=these merit system rules and regulations. II. RECRU1fMENT AND APPLICATIONS A. Recruitment 1. Recruitment of candidates for classified positions which are not to be filled by promotion, demotion, transfer, or re-employment will be carried out through any appropriate media on a timely basis to assure all segments of the public have the opportunity to apply and be considered for such positions. 2. Applicants will be recruited on the basis of the minimum training and experience requirements established for the class. 3. All publicity shall indicate the city is an equal opportunity employer. 54. The Human Resources Department, with the approval of the City Manager, may initiate efforts toward and participate in joint recruitment efforts with other local government etnpleyees-a encies having similar personnel requirements. 63. When it is anticipated the volume of applications will be large in relation to the number of vacant position(s), the Persemel -dk4sieiOurnan Resources DeI artment may restrict recruitment to limit the size of the applicant group by: a. establishing a shorter filing period than that utilized for regular recruitment efforts; and/or b. specifying a maximum number of applications which will be accepted, and closing the recruitment immediately when that number is reached; and/or c. Other means which are appropriate to the circumstances. B. Announcement of Vacant Positions to be Filled 1. All vacant classified positions excluding those being filled by noneemp 4ifive limited competition promotion, transfer, or re-employment, shall be publicized by posting announcements on the City's website, and other media in he personnel ,.fa"., on tb 7 Departm may deem appropriate. 2. The announcements, which may be for filling vacancies by initial appointment or by promotion, shall specify: a. The class title,, s�y,and salary range of the position to be filled. b. A description of the duties and responsibilities of the position or class. c. Minimum qualification requirements for eligibility for .,aMission to V ffi en _.v,._ em' tests,if feq �the position or classification. e:d. Closing date of receipt of applications. xT fiees i ata..,. the F.,:.., , r ,....Beat,:.,.. least 21 days p6eia �e the eiiatnipation. €e_The tentative datetime, a and plaee of any examinations if required for the positions, and the date by ...hien and the .. in .. hien . ...l: za.t will be 'F ,l 4't,' 1. ,.1:,.:1.:1:a., ,.l �..ti.. ....t....:t..♦.. t..Le ..1. o nt:.�nS. 3. When deemed in the best interest of the city, the human Resources Department may recruit and examine applicants at any time to increase the quality or quantity of eligNesglipible persons on an existing eligible--emnlovment fist after consultation with the appropriate department head. He-er-slw1be Human Resources Department may also recruit and examine on a continuous basis. New ekgiblesele i ig ble e� to be merged with an existing eligible listemulovment list will be ranked according to their numerical score. C. Filing of Applications 1. . All applications shall be received in ..e_..,... ^^ by •nail by °:0teethe final filing date and time listed in the job announcement posting. 8 42. To Feeeive eensideiafien7 applications niust be filed within afly tifae limit fixed in the .,n alio. ^ ... rso eve The the n,...,.,..._el divisienuuman Resources Department appliemAs may extend the originally announced time limit for filing applications an Rmy `"cre.fc: eentintie tc aeoept applieafiens.Such an extension of the time limit for filing shall be given appropriate public notice and publicity. &I No individual shall be denied the right of filing a formal application for a publicly announced vacancy of a classified position. D. Rejection of Applications The Persep�Human Resources Department may reject any application or applicant when it has been determined that: 1. The application was not received on or before §� p the final closing date and time established for receiving applications. 2 The application was not filed an the fequired formusin the he required format. 3. The applicant does not possess the minimum qualification requirements as specified in the public announcement of the vacancy. 4. The applicant is physically, er-mentally, or legally unfit to perform the essential required duties of the position. 5. The applicant has failed to complete the application, made a false statement of a material fact, or practiced fraud or attempted to deceive in the application, in any tests, or in attempting to secure appointment. 6. For positions requiring criminal history disclosure, tThe applicant has been convicted of a felony which was related to the employment sought. Applicants having other felony convictions will be considered on an individual case basis, with the position involved, the crime for which convicted, and rehabilitation as the basis for decision. 7. The applicant was previously employed by the city and was dismissed for cause, or resigned not in good standing, and is not currently eligible for re-employment by the City. E. Receipt and Duration of Applications Applications, whether accepted or rejected for consideration for employment, shall remain on file for a period of at least three years ffi_a ^"^" "^�. F. Postponement or Cancellation of Examinations Any examination may be postponed or canceled at the direction of the Persennel divisionHuman Resources Department and efforts will be made to notify each applicant of the postponement or cancellation. III. EXAMINATIONS AND RATINGS A. Examination Types and Eligibility to Take Examinations 1. Open examinations shallbeavailable teare competitive and not all applicants will progress through the examination process. Aany applicant who has a properly executed application for the vacant position to be filled and whose application is not rejected as prescribed in these rules and regulations may be considered. 2. Closed competitive examinations shall be restricted to those perrrianent classified city employees whom the n . « =Human Resources Department determines shall be eligible, utilizing such criteria as he of she .=aT he Human Resources Department deems appropriate for a given vacant position to be filled. a. Limiting competition to city employees through closed examinations must be justified by the department head and approved by the City Manager. b. Among the criteria which may be cited in such justifications are the requirements of special skills or knowledge possessed only by persons currently employed by the city, the maintenance of a continuous established line of career progression which is in the best interest of the city, or the availability of a large number of qualified city employees to fill the vacant position(s). The City Manager shall be the final determining authority as to whether any given examination for a vacancy to be filled shall be conducted as an open competitive examination or a closed examination. B. Examination Preparation and Administration (1) Both open and closed examinations shall be prepared and conducted by or under the direction of ne_. ,.««�=the Human Resources Department, in cooperation with the -na;iee-of—the department head(s) in which the vacant position(s) to be filled exist. Examinations may include, but not be limited to, written, oral, or practical demonstration of skill and ability, or any combination of these Any investigation of education, experience character, or identity, and any test of technical knowledge, ability, manual skill or physical and mental fitness or other relevant factors may be included in the examination. evaluatiens C H iraining, and &Eperienee ineluding «ef fe f anee ..ppfa:�ls; wfitten tee1 all seunA. elinterviews;e..ti fieatie of c9ipLfienee and ..Lill.. which are Jeb , may be rr equitably, and whieh, in the judgment of the Pet:sennel division, enter into !he detefmifiati an af the relative fitness ef applieants. 10 MeM d_ Oral Examination Boards The Pefse�enHuman Resources Department may elect to utilize an oral examination board as one of the instruments of the evaluation. Stjeh beafds shall w- Penq6tuted by the Pefsennel division with the eeepefiAien and adviee of the depai4mefit siti.. is ie be a:n„a 4 The board should consist of at least three persons who may be selected from any of the following: persons who hold a similar or superior position within a department in which a vacant position to be filled exists; who hold a similar or superior position in another city department; who are not a city employee or officer and who have knowledge in the areas of skill, experience, training, and other requirements of the position. Fraudulent conduct or false statements by an applicant or in an applicant's behalf, in any application or examination, shall be deemed cause for the exclusion of such applicant from an examination, or for removal of his or her name from all eligible employment lists, or for discharge from the service. Integrity of the Examination Process fesult in dismissal ef the guilty party or pai4ies, as pfovided in these fides and 11 Wil. No employee or other participant in the exam process may participate, directly or indirectly, in the rating of an examination in which the employee or a relative, by blood or marriage, or mate of ___ the ^ pleyee'^ heuse4oWg-person who resides in the same residence, is a competitor. 3:2.All statements of former employers and character inquiries shall be treated as confidential and not available for public inspection, except as explicitly permitted by the employee and the reviewer. 4.3.It is the responsibility of every employee of the city and every representative of the Pers^-^ s 6- uman Resources Department to treat as confidential any information available to them concerning examination material. IAF. Rahn Appropriate techniques and procedures based on merit principles shall be used in rating results of examinations and determining the relative ratings of the competitors. 2. For all examinations or segments thereof, the minimum performance requirements by which eligibility is achieved shall be established by the Human Resources Department after consultation, when appropriate, with the department head(s). A minimum qualifying grade related to these minimum performance requirements shall be established for each exam segment or the combined ratings of the several parts of the examination. Applicants failing to achieve a minimum qualifying grade on any segment may be disqualified from further participation in the immediate examination process. —41.-;—f-.� :•:shall be allowed a efedit efilifee pefeent (39,6) in making up the list efeRgibkscli �ible 12 EWE —41.-;—f-.� :•:shall be allowed a efedit efilifee pefeent (39,6) in making up the list efeRgibkscli �ible 12 Rther effleial reeerd to show peried ef aetive sen,iee far nifiety days of more). Under the list of eligibles ligible_persons fef stteh examination has been adepted-. (1) Proof of spouse's right to pfeferenee; ._ Death Proofefn ied. 4.3.Fina1 numerical rating shall be expressed on a scale of 100% for maximum possible attainment. To be considered for appointment, an applicant must attain an earned rating of at least 70%. This 70% may be the arithmetic percentage of the possible score achieved by a competitor when his or her results have been scored, or may be an adjusted score based on consideration of the difficulty of the examination, the quality of competition, and the needs of the city. I -G. Notification of Examination Results All applicants who complete the examination process for a position in a given classification shall be notified in writing relative to their passing or failing the examination process and be advised of their score They shall also be informed of the remaining steps and procedures which may occur before final disposition on their applications. A statement is also to be included stating that position on the list does not assure an interview or hire. Waiver of Examination The examination process may be waived by the Personnel Resources Department with the approval of the City Manager and an eligible listemployment list established showing candidates as qualified ef�based on meeting the minimum qualifications of the classification if any of the following conditions apply: It is impractical to establish a selection device that will measure the relative fitness of candidates. 2. The minimum qualification consists solely of a bona fide or state registration such as, but not limited to, professional engineers, etc. 3. There are fewer than six candidates who have been found qualified after the filing deadline for receiving applications. This rule shall not be used to circumvent the normal competitive process as it relates to hiring the best qualified candidates. In the event additional recruitment and subsequent examination is necessary to supplement the eligible -listem llooyment list develeped hereirr,and candidates previously determined as qualified and remaining on the list must compete in the same examination procedure as new applicants to remain on the eligible 1-istemployment list and shall be so notified. 13 I -I. Retention of Examination Records All examination records shall be retained for a period of three years or for the length of time required by federal, state, or city regulations, whichever is greater. �J. Examination Resources The i6e*Human Resources Department shall have the authority to initiate into recruitment agreements for the exchange, joint usage, development, administration, evaluation, and validation of any or all segments of the examination program with other local employers and reputable concerns involved in personnel testing as deemed necessary, subject to the approval of the City Manager and, where appropriate, the City Council. IV. EUG4BLE LISTEMPLOYMENT LISTS A. Use of Tlli=6 ale r stEmployment List Classified positions shall be filled from eligible temnloyment lists established by a competitive process unless the D - -n�onHuman Resources Department determines that the vacancies will be filled by transfer, demotion, reassignment, or through any authorized and established non-competitive process. B. Establishment of `ligi ledzs+Employment lists The ne_se__el aivisie'-Human Resources Department shall establish and maintain such eli•^'ellistemployment lists for the various classes of positions as may be necessary to assure an adequate number of eligiblesele i ib�le persons to fill vacancies which may or are known to occur. 2. Each list shall contain the names of those eligiblesehgiblepersons that have completed the examination process and have been determined qualified and possess the required knowledge, abilities, and skills necessary for successful job performance. Names ofeli able ersons shall be placed on eligible listem loyment lists in the order of the numerical ratings resulting from their examinations. C. AvailabilityoE4igiblesEliaible Persons It shall be the responsibility of eligigrole&eliQible persons to notify the mel diviaienHuman Resources Department in writing of any changes of address or other change affecting availability for employment. Whenever an eligible -in his or her application or by submitting a written statement- restricts the conditions under which he or she will be available for employment, his or her name may be withheld from all certification which does not meet the conditions which he or she specified. As needed eligiblesand feasible, the Pefsennel divisieff shall eifettlarize Celigibleso a etiffent basis D. Duration of Lists Each eligible stemployment list shall remain in effect for a period of one year. 14 When deemed necessary and in the best interest of the city service, the Personnel div-isienHuman Resources De artment may keep the eligible --le list mployment list in effect for an additional period not to exceed one year when the City Manage . A statement of the reasons for any such extension shall be entered in the records of the persennel effteeHuman Resources Department. E. Removal of Name From Lists Names may be removed from eligible ;;s+e mplovment lists for any of the reasons listed below: 1. At the written request of the eligible; 2. Refusal of an offer of employment; 3. Appointment through certification from such lists to fill a permanent position; 4. Appointment through certification from the eligible hoe '.'_`_em In ment list for another class at the same or higher compensation. (In such case, at the request of the appointee, his or her name may be continued on any or all lists other than the one from which the appointment was made, for the remainder of the period of eligibility on such lists.); 5. Filing of a written statement by the eligible that he or she is not willing to accept appointment; 6. Failure to report for interview or to respond -within the time specified in the notice—to any inquiry of the Personnel div,sionHuman Resources Department or department head relative to employment or availability unless satisfactory evidence is furnished justifying such failure to respond; 7. Failure to report for work after accepting appointment; 8. __.atiee by pestal au_-:,-V___.__of theif nability to locate eligible–at-.ate-� addiess; 9. Discovery that the eligible has willfully provided erroneous information, withheld information, evaded questions or otherwise misrepresented his or her qualifications in order to qualify for appointment or promotion; LO. Any cause or condition otherwise specified in these rules for rejection of an application; or U good and sufficient reason. The rejection of an applicant by one department shall not affect the eligibility for appointment to a position in any other department or under any other appointing authority's jurisdiction. 15 F. Restoration of Names to Eligible:ListEmployment Lists Whenever any person's name is removed from an eligible listemployment list, he or she niey-will be notifiedvhp.Feaf unless his or hef whef:eabetasl Such a person may at any time during the life of that eligible listemployment list make written request to the Personnel divisienHuman Resources Department for the restoration of his or her name to such list for the duration of their eligibility. The request shall set f4th I.. reasons F the eanduetE)f eenditiens fesulting in the removal F the name ff em the list F-ag"^" c fther specify the reasons advanced for restoration of the name. The a-i4&ffHuman Resources Department, after full consideration of the request, may restore the name to the eligible e� Ioyment list or may refuse such request and the person shall be notified of the action. G. Consolidation of Qi-gible-UstEmployrnent Lists The Pefsenfiel divissio Human Resources Department may determine that the needs of the city require that an examination be held for a class for which an eligible listemployment list already exists, prior to its normal expiration date. In such an event, a new eligible listemployment list will be established as a result of the new examination, 2. The names of persons remaining on the old list shal-may be placed on the new list in accordance with their previous final score, but such names may be removed from the list at the expiration of one year on the old list. Should such persons elect to take the new examination, their names will be placed on the eligible lietemployment list in accordance with the new final score. V. CERTIFICATION A. Request for Certification All requisitions for certification of e igiblesgligible persons for the filling of vacancies shall be made to the; '�ai�iqenHuman Resources Department in writing. B. Anticipation of Need Insofar as possible, vacancies shall be anticipated sufficiently in advance to permit the n.._,.,.. nen divisionHuman Resources Department to establish an eligible eMployment list. C. Procedure for Obtaining Certification ofEli ig ble persons in Order to fill a Vacancy 1. Whenever a vacancy is to be filled, the appointing authority shall make requisition to the PieHuman Resources Department for certification of eligibleseligible persons for appointment to the class of the position for which the vacancy exists and shall recommend whether this shall be an open or closed examination. 2. Upon receipt of a valid requisition for certificate of eligibleseliQible persons from an employment list to fill a vacancy, the Perse ��EO). uman Resources Department shall certify to the requesting appointing authority the appropriate eligible listemployment list listing the names, . ddfe,.,,.... and telephane ....mbef^ of those persons eligible for appointment and w "e have indi.ated willingness `e 16 a. All eligibles tip to and ineluding the fifst to eligibles ranked highest a 1. competitive a eligible list(s). b e. All eligibles whe passed the examinatieft. D. Appropriate Eligible-W4Employment Lists Certification shall ordinarily be made from a list established for the particular class in which the vacancy exists. However, if no such list exists or the list contains an insufficient number of eligPokseli ig ble ersons for certification purposes, the Persomrel diAsieeHuman Resources Department may certify names from an appropriate alternative eligible listemployment list if such a list is available. Such a list shall be for a class of the same or higher pay level with the qualification requirements equal to or superior to the class in which the vacancy exists e ele«k t. pint n eNgiWe, li ible persons . E. Incomplete Certification When the number of names on a certified eligibility list is fewer than six, the appointing authority or department head may select from them or may decline certification for that vacancy and request that a new list or lists be established. 17 - . 17 VI. APPOINTMENTS AND MERIT SYSTEM STATUS A. Filling of Vacancies All vacancies in classified positions shall be filled by probationary appointment, demotion, transfer, reassi n@ ment, or promotional appointments. B. Probationary Appointment Probationary appointments shall be given to all persons upon their first employment by the city on a Fegulaf full 6fne h. sisin a classified position resulting from selection from an appropriate employment list of eligibleTeligible persons -who have passed the examination for the class. The following rules apply to probationary appointments: 1. A probationary appointment shall be considered the "working test" portion of the examination process. As such, the probationary period shall be regarded as an integral part- of the selection process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new or promoted employee to the position, and for rejecting any employee whose performance or conduct is not satisfactory. 2. The standard period of a probationary appointment shall be twelve months with the exception of police officers which shall be eighteen months. 3. The depaftmeRt head shall eause !he submission te the Administfative Assistant Personnel e&aAn employee performance review shall be completed en -for each employee serving under a probationary appointment at least two weeks prior to the expiration of each six month period of employment. if the empl,,yee reeeiyes a rating ,.f "tinsa'' -fiietor any „ eenditional" on any peffefmanee review whilesefving undef a pfabationafy appointment, he or she will be peffni4ed to improve peffefmanee prier to the eenelusien of die subsequent thfee ffienth period of prebatienafy empleyment; at this time, another- peffemianee feview will be submitted on the employee. if subsequent peffeffflanee review r-esults in an evefall Wit;._ e f "eondifi. al" of has reverted to "unsatisfact " the employee ill be dismissed. r,.nsistent�r ratingsof status. In all performance reviews, the decision of the department head shall be final. The department head having authority over any employee serving under a probationary 18 appointment may determine at any time prior to completion of the standard period of the probationary appointment that it is in the best interest of the city to extend the period of the probationary appointment of the employee. Such determination shall be in writing and shall be provided to the appointing authority and the employee prior to the expiration date of the employee's standard probationary period. No extension of the probationary period shall be for more than six months, except that in the event of a work related disability, any extension of the probationary period to allow the employee time for recovery from such disability shall not be considered with respect to the above limitation. 4. At any time during the probationary period, a department head - with the approval of the appointing authority may remove an employee if in his or her opinion the working test period indicates that such employee is unable or unwilling to perform the duties of the position satisfactorily. It shall be the duty of the appointing authority to remove an employee serving under a probationary appointment if the appointing authority determines that the employee's conduct, integrity, lack of dependability, or capacity do not merit continuance with the service. C. Promotional Appointments (1) Insofar as practicable and consistent with the best interests of the sepAeeCity, all -consideration shall be given to filling_ vacancies in higher positions sha lea . be?:',led-by promotion from within the classified service, after a promotional examination has been given and an eligible listemployment list established. The serving of a probationary period shall not, of itself, prevent a classified employee from being promoted to a position in a higher class, provided the employee is certified from an appropriate employment list for such higher class of position. If, within the above mentioned limitations, an employee is promoted in this way during a probationary period. the probationary period for the class of position to which the employee is promoted shall begin with the date of appointment to such latter class of position. Should the employee return to his or her prior position, he or she shall complete the remainder of his or her initial probationaryperiod. (2) Probationary Periods �an�nnten +�eea�eestResti�ee:n esrf �- 19 he standard probationary period shall be twelve months except police officers who shall be on probation for a period of eighteen months. If during this period the service of the employee is unsatisfactory, he or she shall be returned to the position from which he or she was promoted. T he normal procedure of performance evaluation shall be followed for any employee serving a probationary period. However, the employee's immediate supervisor or department head may submit an employee review at any time. f any employee is removed from a position while serving a probationary period, he orf she shall be returned to the position held by the employee prior to the promotion, or offered appointment to a similar position in the original class. 57—When an employee is promoted, he/she shall normally be appointed at the first step in the salary range for the new position. However, if the first step results in a salary increase of less than five percent (511a) he/she shall receive a minimum of five percent (5%) increase. A -.y pleyee in the elassified serviee pfemeted ffem o position to efle of higher I I — ---e fiffie of sueh preffiatien is reeeiving eampensation equal t of greater than the date efpfefnation. D. TemporaryAppointments When any position in the classified service is to be filled and there are no persons on an employment list available eligibles of the ,.1,.ssi fle at:e. the department head - with the approval of the City Manager - may make a temporary appointment of a person who shall hold such appointment not longer than ninety days in anyone fiscal year unless extended by the City Manager, or until an eligible emplovmentlist shall have been established, provided that acceptance of a temporary appointment shall not be a bar to a permanent—probationary appointment from an eligible listemployment list. Any person on an established employment list who has been given a temporary appointment shall maintain his or her position on the eligible listemployment list. E. Voluntary Demotions At the request of an employee who has one year of continuous merit system service and with the gpproval of the City Manager, an employee may be demoted from a position in one class to a position in another class with a lower salary range involving similar duties and responsibilities. 20 pip oil NONNI f any employee is removed from a position while serving a probationary period, he orf she shall be returned to the position held by the employee prior to the promotion, or offered appointment to a similar position in the original class. 57—When an employee is promoted, he/she shall normally be appointed at the first step in the salary range for the new position. However, if the first step results in a salary increase of less than five percent (511a) he/she shall receive a minimum of five percent (5%) increase. A -.y pleyee in the elassified serviee pfemeted ffem o position to efle of higher I I — ---e fiffie of sueh preffiatien is reeeiving eampensation equal t of greater than the date efpfefnation. D. TemporaryAppointments When any position in the classified service is to be filled and there are no persons on an employment list available eligibles of the ,.1,.ssi fle at:e. the department head - with the approval of the City Manager - may make a temporary appointment of a person who shall hold such appointment not longer than ninety days in anyone fiscal year unless extended by the City Manager, or until an eligible emplovmentlist shall have been established, provided that acceptance of a temporary appointment shall not be a bar to a permanent—probationary appointment from an eligible listemployment list. Any person on an established employment list who has been given a temporary appointment shall maintain his or her position on the eligible listemployment list. E. Voluntary Demotions At the request of an employee who has one year of continuous merit system service and with the gpproval of the City Manager, an employee may be demoted from a position in one class to a position in another class with a lower salary range involving similar duties and responsibilities. 20 MI The City Manager may require the employee to demonstrate in an examination that he or she possesses any additional or special requirements. A demotion from one class to another shall require the service of a new probationary period unless such probationary period is waived by the appointing,, authority. ADMINISTRATION OF THE CLASSIFICATION PLAN A. Purpose of the Plan The classification plan provides a systematic arrangement and inventory of all city positions entitled to receive merit increases and such other positions as may be desired. The plan groups the various positions into understandable classes indicative of the range of duties, responsibilities, and level of work performed. B. Use of the Plan The classification plan shall be utilized to: 1. Determine applicant qualifications. 2. Determine salaries to be paid for the various classes of work. 3. Determine lines of promotion. 412r....:,]e C. Content of the Plan The classification plan shall consist of. 1. A grouping of positions into classifications on the basis of approximately equal difficulty and responsibility which requires the same general qualifications and which can be equitably compensated within the same pay grade. 2. A class specification title, indicative of the work of the classification, which shall be used on all personnel, accounting, budget, and related official records. No person shall be appointed to a classified position under a title not contained in the classification plan. 3. Written class Tspecifications for each jwa—classification containing the nature of the work and relative responsibilities of the class, typical illustrative tasks found in the classification, requirements of the classification setting forth the necessary knowledge, skills, and abilities required for adequate performance of the work, and the desirable experience and training needed for recruiting to the classification. D. Maintenance of the Classification Plan The plan shall be maintained by the D.._,,..««�Human Resources Department who shall be charged with the responsibility of providing for the continued, proper allocation of the employees to positions. The Per^^fi�oln uman Resources Department shall: 1. Have the appointing authority submit a position anticipated changes so the position can be properly anticipated or when there is reason to believe that duties and responsibilities has or is to occur. 21 description reflecting current or allocated when a new position is significant change in the existing 2. Recommend the abolition of positions and classes that are obsolete to program needs and recommend new positions and classes where appropriate. New or reclassified positions shall be filled in accordance with Rule IV as determined by the appointing authority and Persomel divisianjHuman Resources Department. Periodically review the classification and grade of all positions and where necessary make recommendations to the City Manager for appropriate amendments. The City Manager has the final approval of amendments to class sRccitications for existing classifications, including revisions to duties knowledge and licenses/certifications and class specification titles Recommendations for changes in compensation. adding new or abolishing old classifications shall be done only with the approval of the City Council. S:j .,EI A aL..n ,...1. :aL. «— 4. A class may be reclassified or regraded to a higher or lower pay grade based on the relative importance of each class to all other classes in the classification plan. Reclassifying may be necessary due to recruitment difficulties, changes in existing factors such as judgment required, scope and complexity, supervisory responsibilities, etc. Positions shall of be reclassified unless a significant change in the duties and responsibilities has occurred and then only with the approval of the City Manager and City cil n F b 1 shall be :« the of the r.k„ r rt..... ge- and Git y J E. Classification and Allocation Reviews Any department head may request the Pergan�1 divigianHuman Resources Department to review the existing class or grade level of a position when there is reason to believe a significant change in the duties and responsibilities has occurred. ThePersonnel di s'=anHuman Resources Department shall determine the proper class and grade and shall recommend any necessary changes to the City Manager. If the department head does not concur with the decision of the Pefsennel :;sianHuman Resources Department, the determination maybe appealed to the City Manager whose decision shall be final. F. Class Specification Class specifications are descriptions of the general kinds of work performed by positions allocated to each class. They are not intended to be restrictions or to list all duties performed by position incumbents. The Personnel Resources Department shall make interpretations as necessary in the administration of the classification plan. G. Amendments to the Classification Plan Recommendations relative to amendments in the classification plan shall be submitted to the City Manager for concurrence and then to the City Council for adoption, with the exception that the City Manager is the final authority for revisions to existing class specifications (including duties knowledge and licenses/certifications) and class specification titles as outlined in VII D3. VIII. DEPARTMENT RULES All rules and regulations of the several departments of the city shall be subordinate to the provisions 22 of the rules and regulations of the merit system of personnel administration of the City of Burlingame. shall be on file with4he4C4yAlaffager, IX. DISCIPLINE The City Manager, or any department head, with the approval of the City Manager, may suspend, reduce in pay, demote or discharge any classified or unclassified employee, other than direct appointees of the City Council, for due cause and subject to the right of appeal as set forth in Rule X. written statement of the grounds for proposed disciplinary action shall be delivered to the employee with copies of all materials relied on in proposing the discipline At his or her request the employee shall be given a pre -disciplinary hearing by the � °e .............._ Dportaimt Headassigned Skelly Officer. The decision shall be in writing and conies shall be delivered to the employee-.. The decision shall be final unless a written appeal is tiled as provided in Rule XI -I. 23 BA. Cause CAUSE The following are declared to be sufficient causes for diseh _ge from the classified servieediscipline, though charges maybe based on causes other than those enumerated: 1. That the employee is inefficient or incompetent, inefficient or fails in the performance of his or her duty. 2. That the employee repeatedly has been offensive in his or her conduct toward fellow employees or the public. 3. That the employee > » ..............neat or ,.ti,., nie ph ,.ieal er mental a;i,ae... of def et whiehineapaekates him of hef f proper r the r pe.+,._..,anee of his or her duties.is unable to perform his or her duties due to mental or physical disability. 4. That the employee has refused or failed to obey any lawful or -and reasonable direction given by his or her supervisor. 5. That the employee has taken for personal use a fee, gift, or other valuable thing in the course of his or her work or in connection with it when such fee, gift, or other valuable thing is given him or her by any person in the hope or expectation of receiving a favor of better treatment than that accorded other persons. 6. That the employee has been convicted of a criminal offense involving moral turpitude. A plea of no contest shall be deemed a conviction. That the employee through negligence or willful conduct has caused serious damage to public property or waste of public supplies or funds. 8. That the employee has been guilty of any conduct unbecoming, including dishonesty, an officer or employee of the city. 9. That the employee has been absent without leave, or has riled to _, pert ate.' leve e absenee t_d Fte eh leave of absenee 1.,. be disapproved revoked and eaneeled by the Git^ Manager.had excessive absenteeism. 10 Violation of any of the provisions of these Rules the Municipal Code, or any CiV oor departmental policy. BICX. HEARINGS Any employee who has been suspended ef -4e alleges disefimination and an; peffflafiei4 disciplined, as defined in Rule IX, shall have the right of appeal. Within f-tve-ten (10-S) business days upon receipt of the Notice of Imposition of Discipline, the 24 employee, by written notice to the Human Resources Director, may request an appeal hearing be submitted to an ad hoc review board. Business days are defined as days that City Hall is open to the public. The ad hoc review board shall be selected as follows: The City shall select one member, the employee shall select one member and the two members thus chosen will select a third impartial member from a list supplied by the State Mediation Conciliation Service (SMCS) who will serve as Chair of the Board. SMCS will supply a list of five names of persons experienced in disciplinary hearings. Each party shall alternately strike a name until one remains. The remaining panel member shall be the third member of the ad hoc review board. The order of the striking shall be determined by lot. The City will pay the fees of the panel Chair selected from SMCS. The board shall, as soon as possible, hear and receive evidence and render a decision on the disciplinary action. Such a hearing will not be open to the public and will be recorded by a Court Reporter paid for by the City. The disciplinary action can be upheld, modified, or rejected by the panel. The board's decision will be explained in writing and any changes or modifications to the disciplinary action clearly explained. The decision by the board is advisory to the City Manager. The City Manager can adopt the proposed decision in its entirety; reject the proposed decision; refer the case back to the panel to take additional evidence and then render a decision; or modify the decision. AXI. ABOLISHMENT OF POSITION The City Council may at any time in its discretion abolish a position in the classified service or in the interest of economy vacate a position and thereby discharge the employee holding such position or employment. Should such position or any position involving all or any of the same duties be re- established or created within a year, the employee discharged shall be appointed thereto in preference to any other qualified person on the eligible listem looyment list for such position. if the c ase position is abandefied vves appeifAed ffem an eligible list, he of she shall be f eturned to his i9f )COULEAVES OF ABSENCE A. Vacations EAII-employees .,.:eluding seasonal, extra help and paAti•-•e help shall be entitled to vacation pay in accordance with the °elle•• i -g sehea ' :applicable MOUS, and benefit and compensation resolutions. 25 amed vacation time may be accumulated but the employee shall not be allowed to have an accumulation of more than two years credit at any time. T he time at which an employee shall be granted vacation shall be at the discretion of the department head. Length ,.f,.,._.,iee and . rit shall be g o.. pfefefenee as to the tem ef vaeatien, but the needs of the depaftment shall govem. W hen an employee is separated from the service, his or her earned vacation allowance shall be added to or subtracted from his or her final compensation. B. Sick Bereavement, and Disability Leaves 1. Sick Leave Defined-. Sick leave is absence from duty with pay because of an employee's illness or injury, exposure to contagious disease, necessary medical, dental, or optical examinations, or treatments for the employee, or attendance upon a member of his or her immediate family seriously ill and requiring the -care eibLthe employee. When indicated the department head or City Manager may at his or her discretion require the employee to submit a doctor's certificate or other acceptable proof to substantiate the employee's atmejgeft absence. 2. Bereavement Leave In the event of the death in the immediate family of an employee, absence from duty shall be allowed not to exceed three days. In the event of the death of a relative not a member of the immediate family, absence from duty shall be allowed not to exceed one day. Such absences shall not be charged to sick leave. For the purposes of this rule, "immediate family" means father, mother, step -father, step- mother, husband, wife, registered domestic partner, son, daughter, sten-son, step -daughter, sister, legal guardians/children under guardianship, foster children, erbrother, step -sister, sten-brother, grandparents, grandchildren, mother-in-law and father-in-lawFather—h ,4aw 26 3. Accumulation of Sick Leave All employees excluding s extra hely, .d p e help, excluding casual, part-time employees, u..d e*eept as herein otherwise provided shall be entitled to sick leave allowance at the rate of 8 hours for each calendar month of regular time worked. Casual, part-time employees shall be entitled to sick leave in accordance with the part-time compensation and benefit resolution. Tim=..,e_a__a swan not _fie,...,,.,,isab:,:. ,e,..,, ,.iekleave er n;. ,, ., Unused sick leave may be accumulated from year to year up to a maximum of 2.000 hourAetal` 4 °m s. Termination of employment except by retirement cancels all accumulated sick leave credit. On teFminatiV.. by m4i_o. ent the ,......legee shat, be eritit4ed4e e*eeed ,.._,..,;...um e f 15'. ,,ay Upon retirement, employees with sick leave balances may convert all sick leave hours to CalPERS credible service per GC Section 20965. �r�se�enr�re�eeeer�nass. _ 4. Disability Leave. Disability leave is absence from duty granted because of illness or injury arising out of and in the course of his or her employment. Disability leave shall be governed by the provisions of the worker's compensation laws of the State of California and the benefits and allowance provided under it. Disability leave shall not be deemed as sick leave. 27 J• NIN 27 statel— -- 4. Use of Sick Leave. Sick leave is charged at the actual time usedwith a Faiiiifaum of one tenth hour. No employee shall be allowed sick leave pay for time off due to illness for days -time which are -is not part of the regular normal work week of such employee. 6-5. Compulsory Sick Leave. If in the opinion of the City Manager, an employee is incapacitated for work on account of illness or disability, such employee may be required to submit to a physician designated or approved by the City Manager for examination. If the report of a physician shows the employee to be in an unfit condition to perform his or her duties, the City Manager shall have the right to compel such employee to take sufficient leave of absence to fit him or her to perform his or her duties. -76. Sick Leave Pay Computation. Sick leave shall be paid at the rate the employee would be paid for working during the same period. C. Military Leaves of Absence D. Other Leaves of Absence With or Without Pay The City Manager may, for good cause, grant other leaves of absence with or without pay, not to exceed one year. lea ,xeof w..,._,.,, gfanted to . ..,ple yee r the pu r, ,.s . eepting another position or !a beeeme self empleyed shall be limited to ane yeaf; At the end of this pefiea i°n�a ethe approved leave, if the employee does not return to his or her former position, all Civil Service rights shall be deemed as terminated. E. Right of Employee to Retain Position When leave of absence with or without pay is granted, the employee shall be restored to the position vacated by him or her at the expiration of his or her leave. 28 OWN D. Other Leaves of Absence With or Without Pay The City Manager may, for good cause, grant other leaves of absence with or without pay, not to exceed one year. lea ,xeof w..,._,.,, gfanted to . ..,ple yee r the pu r, ,.s . eepting another position or !a beeeme self empleyed shall be limited to ane yeaf; At the end of this pefiea i°n�a ethe approved leave, if the employee does not return to his or her former position, all Civil Service rights shall be deemed as terminated. E. Right of Employee to Retain Position When leave of absence with or without pay is granted, the employee shall be restored to the position vacated by him or her at the expiration of his or her leave. 28 XIII. HOLIDAYS The following are considered as official holidays for employees of the City of Burlingame subject to modification by employee MOU: January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1 st Monday in September 2nd Monday in October November 11 4th Thursday in November Thursday in November (1/2) December 25 December 31(1/2) New Year's Day Martin Luther King Jr. Day President's Dav Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Friday after 4th Day after Thanksgiving December 24 Christmas Eve Christmas Day New Years' Eve Every day appointed by the President of the United States or the Governor of this state for a public fast, thanksgiving, or holiday and every day pronounced as a national day ofef mourning is a holiday when approved by City Council. If the first day of January, fourth day of July— or twenty-fifth day of December falls upon a Saturday, the preceding Friday is a holiday. If the first day of January, fourth day of July, or twenty-fifth day of December falls upon a Sunday, the following Monday is a holiday. Should Christmas or New Years fall on a weekday Tuesday through Friday, the one-half day will be taken on the day preceding the holiday. Should Christmas or New Years fall on Saturday, Friday being the one day off, the one-half day would be taken on Thursday. Should Christmas or New Years fall on Sunday or Monday, Monday being the one day off, the one-half day would be taken on Friday. When due to the requirements of the service it is necessary for an employee to work on any of the iJ above holidays, credit shall' be given and he or she shall be allowed subsequent time off for such work or pay to compensate for such work in accordance with the operational program of the department. XIV. OUTSIDE EMPLOYMENT A. Outside employment by a city employee shall be a privilege subject to the approval of the City Manager or the department head which he or she may designate. B. Outside employment shall be limited to a maximum of 20 hours per week; days off accepted. 30 Final Version — all edits accepted. CITY OF BURLINGAME Revised December 2, 2009 Revised January 16, 2018 I ivr rxUi:r1LUKjr1111 CATEGORY: Personnel PAGE: 4.2 SUBJECT: Civil Service CITY OF BURLINGAME CIVIL SERVICE RULES AND REGULATIONS INDEX I. PURPOSES, AUTHORITIES AND RESPONSIBILITIES OF THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION A. PURPOSES OFTHE MERITSYSTEM B. MEMORANDAOF UNDERSTANDING C. MERIT SYSTEM AUTHORITIES AND RESPONSIBILITIES 1 City Council. 2 City Manager. 3. Human Resources Department. 4. City Officers and Employees. II. RECRUITMENT AND APPLICATIONS A. RECRUITMENT B. ANNOUNCEMENT OF VACANT POSITIONSTO BE FILLED C. FILING OFAPPLICATIONS D. REJECTION OF APPLICATIONS E. RECEIPT AND DURATION OF APPLICATIONS F. POSTPONEMENT OR CANCELLATION OF EXAMINATIONS 111. EXAMINATIONS AND RATINGS A. EXAMINATION TYPES AND ELIGIBILITY TO TAKE EXAMINATIONS B. EXAMINATION PREPARATION AND ADMINISTRATION C. ORAL EXAMINATION BOARDS D. FRAUDULENT CONDUCTOR FALSE STATEMENTS BY APPLICANT E. INTEGRITY OF THE EXAMINATION PROCESS F. RATING G. NOTIFICATION OF EXAMINATION RESULTS H. WAIVER OF EXAMINATION I. RETENTION OF EXAMINATION RECORDS J. EXAMINATION RESOURCES IV. EMPLOYMENTUSTS A. USE OF EMPLOYMENT LIST B. ESTABLISHMENT OF EMPLOYMENT LISTS C. AVAILABILITY OF ELIGIBLE PERSONS D. DURATION OF LISTS E. REMOVAL OF NAME FROM LISTS F. RESTORATION OF NAMESTO EMPLOYMENT LISTS G. CONSOLIDATION OF EMPLOYMENT LISTS V. CERTIFICATION A. REQUEST FOR CERTIFICATION B. ANTICIPATION OF NEED C. PROCEDURE FOR OBTAINING CERTIFICATION OF ELIGIBLE PERSONS IN ORDERTO FILLA VACANCY D. APPROPRIATE EMPLOYMENT LISTS E. INCOMPLETE CERTIFICATION VI. APPOINTMENTS AND MERIT SYSTEM STATUS A. FILLING OF VACANCIES B. PROBATIONARY APPOINTMENT 2 4 4 4 4 4 4 5 6 6 6 7 7 7 8 R 8 8 9 9 9 10 10 10 10 11 11 11 11 11 12 12 12 13 13 14 14 14 14 14 14 14 14 15 C. PROMOTIONAL APPOINTMENTS D. PROBATIONARY PERIODS E. TEMPORARY APPOINTMENTS F. VOLUNTARY DEMOTIONS VII. ADMINISTRATION OFTHE CLASSIFICATION PLAN A. PURPOSE OF THE PLAN B. USE OF THE PLAN C. CONTENT OF THE PLAN D. MAINTENANCE OF THE CLASSIFICATION PLAN E. CLASSIFICATION AND ALLOCATION REVIEWS F. CLASS SPECIFICATION G. AMENDMENTS TO THE CLASSIFICATION PLAN VIII. DEPARTMENT RULES IX. DISCIPLINE A. DUECAUSE X. HEARINGS XI. ABOLISHMENT OF POSITION XII. LEAVES OF ABSENCE A. VACATIONS B. SICK, BEREAVEMENT, AND DISABILITY LEAVES 1 Sick Leave Defined 2 Bereavement Leave 3. Accumulation of Sick Leave 4. Disability Leave. 4. Use of Sick Leave. 5 Compulsory Sick Leave. 6 Sick Leave Pay Computation. C. MILITARY LEAVES OF ABSENCE D. OTHER LEAVES OF ABSENCE WITH OR WITHOUT PAY E. RIGHT OF EMPLOYEE TO RETAIN POSITION XIII. HOLIDAYS XIV. OUTSIDE EMPLOYMENT 3 15 16 16 16 17 17 17 17 17 18 18 18 19 19 19 20 21 21 21 21 21 21 22 22 22 22 22 22 23 23 23 24 I. PURPOSES. AUTHORITIES AND RESPONSIBILITIES OF THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION A. Purposes of the Merit System In accordance with the provisions of Chapter 3.52 of the Code of the City of Burlingame, these Rules and Regulations are established to further the intent and policy of the City Council to provide a merit system of personnel administration. B. Memoranda of Understanding Provisions of agreements negotiated with employee organizations (Memoranda of Understanding) shall take precedence over these rules and regulations where conflicts exist. C. Merit System Authorities and Responsibilities The following designations of authority and responsibility are made with respect to the administration of this merit system: 1. City Council. The City Council shall be the final authority for: a. Approving these merit system rules and regulations and all amendments thereto. It may also request the City Manager to research and prepare amendments and revisions deemed necessary. b. Approving the compensation and pay plan, the classification plan, and all amendments thereto, with the exception of revisions to existing class specifications (including duties, knowledge, and licenses/certifications) and class specification titles, which the City Council delegates to the City Manager. c. Recognizing of and approving of any agreements with bargaining units representing employees. d. Rendering final and binding decisions for the city in hearings as described in Section XII Hearings and sustaining, modifying, or overturning the disciplinary or termination actions taken. 2. City Manager. The City Manager shall: a. Be responsible to the City Council for the administration and maintenance of the personnel system subject to these merit system rules and regulations. b. Be the appointing authority responsible for the appointment or removal of all employees subject to the provisions of these rules and regulations, except those appointed and removed by the City Council or elected officials. The City 4 Manager may delegate this appointing authority to such department heads as he or she sees fit. c. Be responsible for the preparation of proposed amendments to the merit system rules and regulations, the classification plan and the compensation and pay plan in cooperation with the Human Resources Department. d. Approve amendments to existing class specifications (including duties, knowledge, and licenses/certifications) and class specification titles. Changes in compensation, adding and deleting classifications must be approved by the City Council. e. Be responsible for negotiating agreements with bargaining units representing employee groups. f. Perform such other duties and exercise such other powers for personnel administration as may be described by law or these merit system rules and regulations. 3. Human Resources Department. The Human Resources Department shall: a. Be responsible to the City Manager for the administrative and technical direction of the city personnel program. The Human Resources Department shall administer the provisions of these rules to develop and administer such recruitment and examination programs as may be necessary to obtain or maintain an adequate supply of competent applicants to meet the needs of the city. b. Develop and maintain a comprehensive classification plan and make recommendations to the City Manager for amendments to the plan to reflect on a current basis the duties and responsibilities of each position. c. Maintain the compensation and pay plan, including the periodic review of salary and wage levels as they reflect city employment, and make recommendations to the City Manager for amendments to the compensation and pay plan as needed. d. In keeping with these rules and regulations, maintain a regular review of staffing and compensation and certify to the Finance Director any addition, deletion, and/or change in city payrolls. e. Review for proper execution and conformance to these rules and regulations all personnel actions and return for correction any personnel actions not in conformance herewith. No personnel actions shall be deemed final until approved by the City Manager as being in conformance with these rules and regulations. f. Provide for the proper security of personnel records. g. Provide for the orientation of all new city employees. h. Provide such forms and procedures as appropriate to carry out these rules and regulations and all other aspects of the Burlingame personnel administrative system. L Develop in cooperation with the City Manager and the department heads such training and educational programs for employees in the city service as needed. j. Provide staff assistance to the department heads and others in development of effective personnel policies and procedures. k. Recommend to the City Manager amendments to these rules and regulations. 1. On behalf of the City Manager, negotiate agreements with bargaining units representing employee groups. m. Participate in the administration of personnel provisions of the Memoranda of Understanding. n. Perform any other functions as necessary or as directed by the City Manager to carry out the purpose and provisions of these personnel rules and regulations. 4. City Officers and Employees. All department heads and officers, whether elected or appointed, and employees shall comply with and carry out both their prescribed duties and these merit system rules and regulations. 11. RECRUITMENT AND APPLICATIONS A. Recruitment 1. Recruitment of candidates for classified positions which are not to be filled by promotion, demotion, transfer, or re-employment will be carried out through any appropriate media on a timely basis to assure all segments of the public have the opportunity to apply and be considered for such positions. 2 Applicants will be recruited on the basis of the minimum training and experience requirements established for the class. 3. All publicity shall indicate the city is an equal opportunity employer. 4. The Human Resources Department, with the approval of the City Manager, may initiate efforts toward and participate in joint recruitment efforts with other local government agencies having similar personnel requirements. 5. When it is anticipated the volume of applications will be large in relation to the number of vacant position(s), the Human Resources Department may restrict recruitment to N limit the size of the applicant group by: a. establishing a shorter filing period than that utilized for regular recruitment efforts; and/or b. specifying a maximum number of applications which will be accepted, and closing the recruitment immediately when that number is reached; and/or c. Other means which are appropriate to the circumstances. B. Announcement of Vacant Positions to be Filled 1. All vacant classified positions excluding those being filled by limited competition promotion, transfer, or re-employment, shall be publicized by posting announcements on the City's website, and other media as the Human Resources Department may deem appropriate. 2. The announcements, which may be for filling vacancies by initial appointment or by promotion, shall specify: a. The class title and salary range of the position to be filled. b. A description of the duties and responsibilities of the position or class. c. Minimum qualification requirements for eligibility for the position or classification. d. Closing date of receipt of applications. e. The tentative date of any examinations if required for the positions. 3. When deemed in the best interest of the city, the Human Resources Department may recruit and examine applicants at any time to increase the quality or quantity of eligible persons on an existing employment list after consultation with the appropriate department head. The Human Resources Department may also recruit and examine on a continuous basis. New eligible persons to be merged with an existing employment list will be ranked according to their numerical score. C. Filing of Applications 1. All applications shall be received by the final filing date and time listed in the job announcement posting. 2. The Human Resources Department may extend the originally announced time limit for filing applications. Such an extension of the time limit for filing shall be given appropriate public notice and publicity. 3. No individual shall be denied the right of filing a formal application for a publicly announced vacancy of a classified position. D. Rejection ofApplications The Human Resources Department may reject any application or applicant when it has been determined that: 1. The application was not received on or before the final closing date and time established for receiving applications. 2. The application was not filed using the required format. 3. The applicant does not possess the minimum qualification requirements as specified in the public announcement of the vacancy. 4. The applicant is physically, mentally, or legally unfit to perform the essential required duties of the position. 5. The applicant has failedto complete the application, made a false statement of a material fact, or practiced fraud or attempted to deceive in the application, in any tests, or in attempting to secure appointment. 6. For positions requiring criminal history disclosure, the applicant has been convicted of a felony which was related to the employment sought. Applicants having other felony convictions will be considered on an individual case basis, with the position involved, the crime for which convicted, and rehabilitation as the basis for decision. The applicant was previously employed by the city and was dismissed for cause, or resigned not in good standing, and is not currently eligible for re-employment by the City. E. Receipt and Duration of Applications Applications, whether accepted or rejected for consideration for employment, shall remain on file for a period of at least three years. F. Postponement or Cancellation of Examinations Any examination may be postponed or canceled at the direction of the Human Resources Department, and efforts will be made to notify each applicant of the postponement or cancellation. M. EXAMINATIONS AND RATINGS A. Examination Types and Eligibility to Take Examinations 1. Open examinations are competitive and not all applicants will progress through the examination process. Any applicant who has a properly executed application for the vacant position to be filled and whose application is not rejected as prescribed in these rules and regulations may be considered. 2. Closed competitive examinations shall be restricted to those classified city employees whom the Human Resources Department determines shall be eligible, utilizing such criteria as the Human Resources Department deems appropriate for a given vacant position to be filled. a. Limiting competition to city employees through closed examinations must be justified by the department head and approved by the City Manager. b. Among the criteria which may be cited in such justifications are the requirements of special skills or knowledge possessed only by persons currently employed by the city, the maintenance of a continuous established line of career progression which is in the best interest of the city, or the availability of a large number of qualified city employees to fill the vacant position(s). 3. The City Manager shall be the final determining authority as to whether any given examination for a vacancy to be filled shall be conducted as an open competitive examination or a closed examination. B. Examination Preparation and Administration Both open and closed examinations shall be prepared and conducted by or under the direction of the Human Resources Department, in cooperation with the department in which the vacant position(s) to be filled exist. Examinations may include, but not be limited to, written, oral, or practical demonstration of skill and ability, or any combination of these. Any investigation of education, experience, character, or identity, and any test of technical knowledge, ability, manual skill or physical and mental fitness or other relevant factors may be included in the examination. C. Oral Examination Boards The Human Resources Department may elect to utilize an oral examination board as one of the instruments of the evaluation. The board should consist of at least three persons who may be selected from any of the following: persons who hold a similar or superior position within a department in which a vacant position to be filled exists; who hold a similar or superior position in another city department; who are not a city employee or officer and who have knowledge in the areas of skill, experience, training, and other requirements of the position. D. Fraudulent Conduct or False Statements by Applicant Fraudulent conduct or false statements by an applicant or in an applicant's behalf, in any application or examination, shall be deemed cause for the exclusion of such applicant from an examination, or for removal of his or her name from all employment lists, or for discharge from the service. 0 E. Integrity of the Examination Process 1. No employee or other participant in the exam process may participate, directly or indirectly, in the rating of an examination in which the employee or a relative, by blood or marriage, or a person who resides in the same residence, is a competitor. 2. All statements of former employers and character inquiries shall be treated as confidential and not available for public inspection, except as explicitly permitted by the employee and the reviewer. 3. It is the responsibility of every employee of the city and every representative of the Human Resources Department to treat as confidential any information available to them concerning examination material. F. Rating 1. Appropriate techniques and procedures based on merit principles shall be used in rating results of examinations and determining the relative ratings of the competitors. 2. For all examinations or segments thereof, the minimum performance requirements by which eligibility is achieved shall be established by the Human Resources Department after consultation, when appropriate, with the department head(s). A minimum qualifying grade related to these minimum performance requirements shall be established for each exam segment or the combined ratings of the several parts of the examination. Applicants failing to achieve a minimum qualifying grade on any segment may be disqualified from further participation in the immediate examination process. Final numerical rating shall be expressed on a scale of 100% for maximum possible attainment. To be considered for appointment, an applicant must attain an earned rating of at least 70%. This 70% may be the arithmetic percentage of the possible score achieved by a competitor when his or her results have been scored, or may be an adjusted score based on consideration of the difficulty of the examination, the quality of competition, and the needs of the city. G. Notification of Examination Results All applicants who complete the examination process for a position in a given classification shall be notified in writing relative to their passing or failing the examination process. They shall also be informed of the remaining steps and procedures which may occur before final disposition on their applications. A statement is also to be included stating that position on the list does not assure an interview or hire. H. Waiver of Examination The examination process may be waived by the Human Resources Department with 10 the approval of the City Manager and an employment list established showing candidates as qualified based on meeting the minimum qualifications of the classification if any of the following conditions apply: 1. It is impractical to establish a selection device that will measure the relative fitness of candidates. 2. The minimum qualification consists solely of a bona fide or state registration such as, but not limited to, professional engineers, etc. 3. There are fewer than six candidates who have been found qualified after the filing deadline for receiving applications. This rule shall not be used to circumvent the normal competitive process as it relates to hiring the best qualified candidates. In the event additional recruitment and subsequent examination is necessary to supplement the employment list and candidates previously determined as qualified and remaining on the list must compete in the same examination procedure as new applicants to remain on the employment list and shall be so notified. I. Retention of Examination Records All examination records shall be retained for a period of three years or for the length of time required by federal, state, or city regulations, whichever is greater. J. Examination Resources The Human Resources Department shall have the authority to initiate into recruitment agreements for the exchange, joint usage, development, administration, evaluation, and validation of any or all segments of the examination program with other local employers and reputable concerns involved in personnel testing as deemed necessary, subject to the approval of the City Manager and, where appropriate, the City Council. IV. EMPLOYMENT LISTS A. Use of Employment List Classified positions shall be filled from employment lists established by a competitive process unless the Human Resources Department determines that the vacancies will be filled by transfer, demotion, reassignment, or through any authorized and established non-competitive process. B. Establishment of Employment lists 1. The Human Resources Department shall establish and maintain such employment lists for the various classes of positions as may be necessary to assure an adequate number of eligible persons to fill vacancies which may or are 11 known to occur. 2. Each list shall contain the names of those eligible persons that have completed the examination process and have been determined qualified and possess the required knowledge, abilities, and skills necessary for successful job performance. 3. Names of eligible persons shall be placed on employment lists in the order of the numerical ratings resulting from their examinations. C. Availability of Eligible Persons It shall be the responsibility of eligible persons to notify the Human Resources Department in writing of any changes of address or other change affecting availability for employment. Whenever an eligible -in his or her application or by submitting a written statement- restricts the conditions under which he or she will be available for employment, his or her name may be withheld from all certification which does not meet the conditions which he or she specified. D. Duration of Lists Each employment list shall remain in effect for a period of one year. When deemed necessary and in the best interest of the city service, the Human Resources Department may keep the employment list in effect for an additional period not to exceed one year. A statement of the reasons for any such extension shall be entered in the records of the Human Resources Department. E. Removal of Name From Lists Names may be removed from employment lists for any of the reasons listed below: 1. At the written request of the eligible; 2. Refusal of an offer of employment; 3. Appointment through certification from such lists to fill a permanent position; 4. Appointment through certification from the employment list for another class at the same or higher compensation. (In such case, at the request of the appointee, his or her name may be continued on any or all lists other than the one from which the appointment was made, for the remainder of the period of eligibility on such lists.); 5. Filing of a written statement by the eligible that he or she is not willing to accept appointment; 6. Failure to report for interview or to respond -within the time specified in 12 the notice—to any inquiry of the Human Resources Department or department head relative to employment or availability unless satisfactory evidence is famished justifying such failure to respond; 7. Failure to report for work after accepting appointment; 8. Inability to locate eligible; 9. Discovery that the eligible has willfully provided erroneous information, withheld information, evaded questions or otherwise misrepresented his or her qualifications in order to qualify for appointment or promotion; 10. Any cause or condition otherwise specified in these rules for rejection of an application; or 11. Any good and sufficient reason. The rejection of an applicant by one department shall not affect the eligibility for appointment to a position in any other department or under any other appointing authority's jurisdiction. F. Restoration of Names to Employment Lists Whenever any person's name is removed from an employment list, he or she will be notified. Such a person may at any time during the life of that employment list make written request to the Human Resources Department for the restoration of his or her name to such list for the duration of their eligibility. The request shall specify the reasons advanced for restoration of the name. The Human Resources Department, after full consideration of the request, may restore the name to the employment list or may refuse such request and the person shall be notified of the action. G. Consolidation of Employment Lists 1. The Human Resources Department may determine that the needs of the city require that an examination be held for a class for which an employment list already exists, prior to its normal expiration date. In such an event, a new employment list will be established as a result of the new examination, 2. The names of persons remaining on the old list may be placed on the new list in accordance with their previous final score, but such names may be removed from the list at the expiration of one year on the old list. Should such persons elect to take the new examination, their names will be placed on the employment list in accordance with the new final score. 13 V. CERTIFICATION A. Request for Certification All requisitions for certification of eligible persons for the filling of vacancies shall be made to the Human Resources Department in writing. B. Anticipation of Need Insofar as possible, vacancies shall be anticipated sufficiently in advance to permit the Human Resources Department to establish an employment list. C. Procedure for Obtaining Certification of Eligible persons in Order to fill a Vacancy 1. Whenever a vacancy is to be filled, the appointing authority shall make requisition to the Human Resources Department for certification of eligible persons for appointment to the class of the position for which the vacancy exists and shall recommend whether this shall be an open or closed examination. 2. Upon receipt of a valid requisition for certificate of eligible persons from an employment list to fill a vacancy, the Human Resources Department shall certify to the requesting appointing authority the appropriate employment list listing the names of those persons eligible for appointment. D. Appropriate Em llooyment Lists Certification shall ordinarily be made from a list established for the particular class in which the vacancy exists. However, if no such list exists or the list contains an insufficient number of eligible persons for certification purposes, the Human Resources Department may certify names from an appropriate alternative employment list if such a list is available. Such a list shall be for a class of the same or higher pay level with the qualification requirements equal to or superior to the class in which the vacancy exists. E. Incomplete Certification When the number of names on a certified eligibility list is fewer than six, the appointing authority or department head may select from them or may decline certification for that vacancy and request that a new list or lists be established. VI. APPOINTMENTS AND MERIT SYSTEM STATUS A. Filling of Vacancies All vacancies in classified positions shall be filled by probationary appointment, demotion, transfer, reassignment, or promotional appointments. 14 B. ProbationM Appointment Probationary appointments shall be given to all persons upon their first employment by the city in a classified position resulting from selection from an appropriate employment list eligible persons who have passed the examination for the class. The following rules apply to probationary appointments: 1. A probationary appointment shall be considered the "working test" portion of the examination process. As such, the probationary period shall be regarded as an integral part- of the selection process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new or promoted employee to the position, and for rejecting any employee whose performance or conduct is not satisfactory. 2. The standard period of a probationary appointment shall be twelve months with the exception of police officers which shall be eighteen months. 3. An employee performance review shall be completed for each employee serving under a probationary appointment at least two weeks prior to the expiration of each six month period of employment. In all performance reviews, the decision of the department head shall be final. The department head having authority over any employee serving under a probationary appointment may determine at any time prior to completion of the standard period of the probationary appointment that it is in the best interest of the city to extend the period of the probationary appointment of the employee. Such determination shall be in writing and shall be provided to the appointing authority and the employee prior to the expiration date of the employee's standard probationary period. No extension of the probationary period shall be for more than six months, except that in the event of a work related disability, any extension of the probationary period to allow the employee time for recovery from such disability shall not be considered with respect to the above limitation. 4. At any time during the probationary period, a department head - with the approval of the appointing authority may remove an employee if in his or her opinion the working test period indicates that such employee is unable or unwilling to perform the duties of the position satisfactorily. It shall be the duty of the appointing authority to remove an employee serving under a probationary appointment if the appointing authority determines that the employee's conduct, integrity, lack of dependability, or capacity do not merit continuance with the service. C. Promotional Appointments Insofar as practicable and consistent with the best interests of the City, consideration shall be given to filling vacancies in higher positions by promotion from within the classified service, after a promotional examination has been given and an employment list established. The serving of a probationary period shall not, of itself, prevent a classified 15 employee from being promoted to a position in a higher class, provided the employee is certified from an appropriate employment list for such higher class of position. If, within the above mentioned limitations, an employee is promoted in this way during a probationary period, the probationary period for the class ofposition to which the employee is promoted shall begin with the date of appointment to such latter class of position. Should the employee return to his or her prior position, he or she shall complete the remainder of his or her initial probationary period. When an employee is promoted, he/she shall normally be appointed at the first step in the salary range for the new position. However, if the first step results in a salary increase of less than five percent (5%), he/she shall receive a minimum of five percent (5%) increase. D. Probationary Periods The following rules apply to the probationary period: 1. The standard probationary period shall be twelve months except police officers who shall be on probation for a period of eighteen months. If during this period the service of the employee is unsatisfactory, he or she shall be returned to the position from which he or she was promoted. 2. The normal procedure of performance evaluation shall be followed for any employee serving a probationary period. However, the employee's immediate supervisor or department head may submit an employee review at any time. 3. If any employee is removed from a position while serving a probationary period, he or she shall be returned to the position held by the employee prior to the promotion, or offered appointment to a similar position in the original class. E. Temporary Appointments When any position in the classified service is to be filled and there are no persons on an employment list available, the department head - with the approval of the City Manager - may make a temporary appointment of a person who shall hold such appointment not longer than ninety days in any one fiscal year unless extended by the City Manager, or until an employment list shall have been established, provided that acceptance of a temporary appointment shall not be a bar to a probationary appointment from an employment list. Any person on an employment list who has been given a temporary appointment shall maintain his or her position on the employment list. F. Voluntary Demotions At the request of an employee who has one year of continuous merit system service, and with the approval of the City Manager, an employee may be demoted from a position in one class to a position in another class with a lower salary range involving similar duties and responsibilities. The City Manager may require the employee to demonstrate in an 16 examination that he or she possesses any additional or special requirements. A demotion from one class to another shall require the service of a new probationary period unless such probationary period is waived by the appointing authority. VII. ADMINISTRATION OF THE CLASSIFICATION PLAN A. Purpose of the Plan The classification plan provides a systematic arrangement and inventory of all city positions entitled to receive merit increases and such other positions as may be desired. The plan groups the various positions into understandable classes indicative of the range of duties, responsibilities, and level of work performed. B. Use of the Plan The classification plan shall be utilized to: 1. Determine applicant qualifications. 2. Determine salaries to be paid for the various classes of work. 3. Determine lines of promotion. C. Content of the Plan The classification plan shall consist of: 1. A grouping of positions into classifications on the basis of approximately equal difficulty and responsibility which requires the same general qualifications and which can be equitably compensated within the same pay grade. 2. A class specification title, indicative of the work of the classification, which shall be used on all personnel, accounting, budget, and related official records. No person shall be appointed to a classified position under a title not contained in the classification plan. Written class specifications for each classification containing the nature of the work and relative responsibilities of the class, typical illustrative tasks found in the classification, requirements of the classification setting forth the necessary knowledge, skills, and abilities required for adequate performance of the work, and the desirable experience and training needed for recruiting to the classification. D. Maintenance of the Classification Plan The plan shall be maintained by the Human Resources Department who shall be charged with the responsibility of providing for the continued, proper allocation of the employees to positions. The Human Resources Department shall: 1. Have the appointing authority submit a position description reflecting current or 17 anticipated changes so the position can be properly allocated when a new position is anticipated or when there is reason to believe that a significant change in the existing duties and responsibilities has or is to occur. 2. Recommend the abolition of positions and classes that are obsolete to program needs and recommend new positions and classes where appropriate. New or reclassified positions shall be filled in accordance with Rule IV as determined by the appointing authority and Human Resources Department. 3. Periodically review the classification and grade of all positions and where necessary make recommendations to the City Manager for appropriate amendments. The City Manager has the final approval of amendments to class specifications for existing classifications, including revisions to duties, knowledge, and licenses/certifications and class specification titles. Recommendations for changes in compensation, adding new or abolishing old classifications shall be done only with the approval of the City Council. 4. A class may be reclassified or regraded to a higher or lower pay grade based on the relative importance of each class to all other classes in the classification plan. Reclassifying may be necessary due to recruitment difficulties, changes in existing factors such as judgment required, scope and complexity, supervisory responsibilities, etc. Positions shall not be reclassified unless a significant change in the duties and responsibilities has occurred, and then only with the approval of the City Manager and City Council. E. Classification and Allocation Reviews Any department head may request the Human Resources Department to review the existing class or grade level of a position when there is reason to believe a significant change in the duties and responsibilities has occurred. The Human Resources Department shall determine the proper class and grade and shall recommend any necessary changes to the City Manager. If the department head does not concur with the decision of the Human Resources Department, the determination may be appealed to the City Manager whose decision shall be final. F. Class Specification Class specifications are descriptions of the general kinds of work performed by positions allocated to each class. They are not intended to be restrictions or to list all duties performed by position incumbents. The Human Resources Department shall make interpretations as necessary in the administration of the classification plan. G. Amendments to the Classification Plan Recommendations relative to amendments in the classification plan shall be submitted to the City Manager for concurrence and then to the City Council for adoption, with the exception that the City Manager is the final authority for revisions to 18 existing class specifications (including duties, knowledge, and licenses/certifications) and class specification titles as outlined in VII D3. VIII. DEPARTMENT RULES All rules and regulations of the departments of the city shall be subordinate to the provisions of the rules and regulations of the merit system of personnel administration of the City of Burlingame. DC DISCIPLINE The City Manager, or any department head, with the approval of the City Manager, may suspend, reduce in pay, demote or discharge any classified or unclassified employee, other than direct appointees of the City Council, for due cause and subject to the right of appeal as set forth in Rule X. A written statement of the grounds for proposed disciplinary action shall be delivered to the employee, with copies of all materials relied on in proposing the discipline. At his or her request, the employee shall be given a pre -disciplinary hearing by the assigned Skelly Officer. The decision shall be in writing and copies shall be delivered to the employee. The decision shall be final unless a written appeal is filed as provided in Rule X. A. DUE CAUSE The following are declared to be sufficient causes for discipline, though charges may be based on causes other than those enumerated: That the employee is inefficient or incompetent, inefficient or fails in the performance of his or her duty. 2. That the employee repeatedly has been offensive in his or her conduct toward fellow employees or the public. 3. That the employee is unable to perform his or her duties due to mental or physical disability. 4. That the employee has refused or failed to obey any lawful and reasonable direction given by his or her supervisor. 5. That the employee has taken for personal use a fee, gift, or other valuable thing in the course of his or her work or in connection with it when such fee, gift, or other valuable thing is given him or her by any person in the hope or expectation of receiving a favor of better treatment than that accorded other persons. 19 6. That the employee has been convicted of a criminal offense involving moral turpitude. A plea of no contest shall be deemed a conviction. 7. That the employee through negligence or willful conduct has caused serious damage to public property or waste of public supplies or funds. 8. That the employee has been guilty of any conduct unbecoming, including dishonesty, an officer or employee of the city. 9. That the employee has been absent without leave, or has had excessive absenteeism. 10. Violation of any of the provisions of these Rules, the Municipal Code, or any City or departmental policy. X. HEARINGS Any employee who has been disciplined, as defined in Rule IX, shall have the right of appeal. Within ten (10) business days upon receipt of the Notice of Imposition of Discipline, the employee, by written notice to the Human Resources Director, may request an appeal hearing be submitted to an ad hoc review board. Business days are defined as days that City Hall is open to the public. The ad hoc review board shall be selected as follows: The City shall select one member, the employee shall select one member and the two members thus chosen will select a third impartial member from a list supplied by the State Mediation Conciliation Service (SMCS) who will serve as Chair of the Board. SMCS will supply a list of five names ofpersons experienced in disciplinary hearings. Each party shall alternately strike a name until one remains. The remaining panel member shall be the third member of the ad hoc review board. The order of the striking shall be determined by lot. The City will pay the fees of the panel Chair selected from SMCS. The board shall, as soon as possible, hear and receive evidence and render a decision on the disciplinary action. Such a hearing will not be open to the public and will be recorded by a Court Reporter paid for by the City. The disciplinary action can be upheld, modified, or rejected by the panel. The board's decision will be explained in writing and any changes or modifications to the disciplinary action clearly explained. The decision by the board is advisory to the City Manager. The City Manager can adopt the proposed decision in its entirety; reject the proposed decision; refer the case back to the panel to take additional evidence and then render a decision; or modify the decision. 20 XI. ABOLISHMENT OF POSITION The City Council may at any time in its discretion abolish a position in the classified service or in the interest of economy vacate a position and thereby discharge the employee holding such position or employment. Should such position or any position involving all or any of the same duties be re- established or created within a year, the employee discharged shall be appointed thereto in preference to any other qualified person on the employment list for such position. XII. LEAVES OF ABSENCE A. Vacations Employees shall be entitled to vacation pay in accordance with applicable MOUS, and benefit and compensation resolutions. 1. Earned vacation time may be accumulated but the employee shall not be allowed to have an accumulation of more than two years credit at any time. 2. The time at which an employee shall be granted vacation shall be at the discretion of the department head. 3. When an employee is separated from the service, his or her earned vacation allowance shall be added to or subtracted from his or her final compensation. B. Sick. Bereavement, and Disability Leaves 1. Sick Leave Defined Sick leave is absence from duty with pay because of an employee's illness or injury, exposure to contagious disease, necessary medical, dental, or optical examinations, or treatments for the employee, or attendance upon a member of his or her immediate family seriously ill and requiring care by the employee. When indicated, the department head or City Manager may at his or her discretion require the employee to submit a doctor's certificate or other acceptable proof to substantiate the employee's absence. 2. Bereavement Leave In the event of the death in the immediate family of an employee, absence from duty shall be allowed not to exceed three days. In the event of the death of a relative not a member of the immediate family, absence from duty shall be allowed not to exceed one day. Such absences shall not be charged to sick leave. 21 For the purposes of this rule, "immediate family" means father, mother, step -father, step -mother, husband, wife, registered domestic partner, son, daughter, step -son, step -daughter, sister, legal guardians/children under guardianship, foster children, brother, step -sister, step -brother, grandparents, grandchildren, mother-in-law and father-in-law. 3. Accumulation of Sick Leave All employees, excluding casual, part-time employees, shall be entitled to sick leave allowance at the rate of 8 hours for each calendar month of regular time worked. Casual, part-time employees shall be entitled to sick leave in accordance with the part-time compensation and benefit resolution. Unused sick leave may be accumulated from year to year up to a maximum of 2,000 hours. Termination of employment except by retirement cancels all accumulated sick leave credit. Upon retirement, employees with sick leave balances may convert all sick leave hours to CalPERS credible service per GC Section 20965. 4. Disability Leave. Disability leave is absence from duty granted because of illness or injury arising out of and in the course of his or her employment. Disability leave shall be governed by the provisions of the worker's compensation laws of the State of California and the benefits and allowance provided under it. Disability leave shall not be deemed as sick leave. 4. Use of Sick Leave. Sick leave is charged at the actual time used. No employee shall be allowed sick leave pay for time off due to illness for time which is not part of the regular normal work week of such employee. 5. Compulsory Sick Leave. If in the opinion of the City Manager, an employee is incapacitated for work on account of illness or disability, such employee may be required to submit to a physician designated or approved by the City Manager for examination. If the report of a physician shows the employee to be in an unfit condition to perform his or her duties, the City Manager shall have the right to compel such employee to take sufficient leave of absence to fit him or her to perform his or her duties. 6. Sick Leave Pay Computation. Sick leave shall be paid at the rate the employee would be paid for working during the same period. C. Military Leaves of Absence Military leave of absence, with or without pay, shall be granted to employees under applicable provisions of Federal and State law. 22 D. Other Leaves of Absence With or Without Pay The City Manager may, for good cause, grant other leaves of absence with or without pay, not to exceed one year. At the end of the approved leave, if the employee does not return to his or her former position, all Civil Service rights shall be deemed as terminated. E. Right of Employee to Retain Position When leave of absence with or without pay is granted, the employee shall be restored to the position vacated by him or her at the expiration of his or her leave. XIII. HOLIDAYS The following are considered as official holidays for employees of the City of Burlingame subject to modification by employee MOU: January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1 st Monday in September 2nd Monday in October November I I 4th Thursday in November after 4th Thursday in November December 24 (1/2) December 25 December 31 (1/2) New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Friday Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Every day appointed by the President of the United States or the Governor of this state for a public fast, thanksgiving, or holiday and every day pronounced as a national day of mourning is a holiday when approved by City Council. If the first day of January, fourth day of July— or twenty-fifth day of December falls upon a Saturday, the preceding Friday is a holiday. If the first day of January, fourth day of July, or twenty-fifth day of December falls upon a Sunday, the following Monday is a holiday. Should Christmas or New Year's fall on a weekday Tuesday through Friday, the one-half day will be taken on the day preceding the holiday. Should Christmas or New Year's fall 23 on Saturday, Friday being the one day off, the one-half day would be taken on Thursday. Should Christmas or New Year's fall on Sunday or Monday, Monday being the one day off, the one-half day would be taken on Friday. When due to the requirements of the service it is necessary for an employee to work on any of the above holidays, credit shall' be given and he or she shall be allowed subsequent time off for such work or pay to compensate for such work in accordance with the operational program of the department. XIV. OUTSIDE EMPLOYMENT A. Outside employment by a city employee shall be a privilege subject to the approval of the City Manager or the department head which he or she may designate. B. Outside employment shall be limited to a maximum of 20 hours per week; days off accepted. 24 EMPLOYER-EMPLOYEE RELATIONS RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGAME Article I -- General Provisions............................................................................................................................2 Sec. 1. Statement of Purpose: ..................................................................................................................... 2 Sec. 2. Definitions: . ............... ....................................................................................................................... 2 Article II -- Representation Proceedings..........................................................................................................4 Policy and Standards for Determination of Appropriate Units: ................................................. Sec. 3. Filing of Recognition Petition by Employee Organization: ......................................................... 4 Sec. 4. City Response to Recognition Petition: .................... __ ................................................................. 5 Sec. 5. Open Period for Filing Challenging Petition: ................................................................................ 5 Sec. 6. Granting Recognition Without an Election: .................................................................................. 5 Sec. 7. Election Procedure: ........................................................... .............................................................. 6 Sec. 8 Procedure for Decertification of Exclusively Recognized Employee Organization: ................ 6 Sec. 9. Policy and Standards for Determination of Appropriate Units: ................................................. 7 Sec. 10. Procedure for Modification of Established Appropriate Units: ................................. ............... 8 Sec. 11. Procedure for Processing Severance Requests: ...................................................................... 9 Sec. 12. Appeals: ........................................................................................................................................... 9 ArticleIII --Administration..................................................................................................................................9 Sec. 13. Submission of Current Information by Recognized Employee Organizations: ..................... 9 Sec. 14. Employee Organization Activities -- Use of City Resources: ................................................. lo Sec. 15. Administrative Rules and Procedures: ..................................................................................... 10 Article IV -- Impasse Procedures....................................................................................................................10 Sec. 16. Initiation of Impasse Procedures: ............................................................................................... 10 Sec. 17. Impasse Procedures: ................................................................................................................... 10 Sec. 18. Costs of Impasse Procedures: ................................................................................................... 12 Article V -- Miscellaneous Provisions.............................................................................................................13 Sec. 19. Construction: ........................... ..................................................................................................... 13 Sec. 20. Severability:.. ................................................................................................................................ 13 01 Article I -- General Provisions Sec. 1. Statement of Purpose: This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," (the Meyers- Milias-Brown Act) by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions and rules which establish and regulate the civil service system, or which provide for other methods of administering employer- employee relations. This Resolution is intended, instead, to strengthen civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City. This resolution supersedes the resolution and supplemental rules to implement the resolution adopted by the Council on April 20, 1970. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly 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 rights with respect to matters of general legislative or managerial policy, which include among others: 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; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; 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. Sec. 2. Definitions: As used in this Resolution, the following terms shall have the meanings indicated: a. "Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereof. b. "City" means the City of Burlingame, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. c. "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations. d. "Consult/Consultation in Good Faith" means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. E "Municipal Employee Relations Officer" means the Human Resources Director. g. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. Such recognition status may only be challenged by another employee organization as set forth in Article II section 8. h. 'Impasse" means that the representatives of the City and a Recognized 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. i. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs and employees who exercise supervisory authority. j. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorizations, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as 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. The words 'recently signed" shall mean within ninety (90) days prior to the filing of such proof of support. k. "Supervisory Authority" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. 1. Terms not defined herein shall have the meanings asset forth in the MMBA. Article II -- Representation Proceedings Sec. 3. Filing of Recognition Petition by Employee Organization: An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Municipal 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 has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City. 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. E Certified copies of the employee organization's constitution and bylaws. g. A designation of those persons, not exceeding two 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, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition. i. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Municipal Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly 0 authorized officer(s) of the employee organization executing it. Upon receipt of the Petition, the Municipal Employee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unit is an appropriate unit in accordance with Sec. 9 of this Article II. If an affirmative determination is made by the Municipal Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning 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 are not affirmatively determined, the Municipal Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Sec. 12 of this Resolution. ��!-� '- •ani �.! � ,. . Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article H. If such challenging petition seeks establishment of an overlapping unit, the Municipal Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Municipal Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 9 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Municipal Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 12 of this Article Il. Sec. 6. Grantina Recognition Without an Election: If the Petition is in order, and the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Municipal Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety 5 of the proof of support. If the neutral third party makes an affirmative determination, the Municipal Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit. Sec. 7. Election Procedure: Where recognition is not granted pursuant to Sec. 6, the Municipal Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Municipal Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. 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 other 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 Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election 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 governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 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 Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. • • • �- 1. • • �." •• -• 11� • • �.1 •1 A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Municipal Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. 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 authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. c. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under this Section 8, and otherwise conforms to the requirements of Section 3 of this Article. The Municipal Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 12 of this Article Il. If the determination of the Municipal Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Municipal Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees 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 Sec. 7 of this Article II. During the 'open period" specified in the first paragraph of this Sec. 8, the Municipal Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Sec. 8, which the Municipal Employee Relations Officer shall act on in accordance with this Sec. B. If, pursuant to this Sec. 8, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Sec. 9. Policy and Standards for Determination of Appropriate Units: The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City IFA and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. b. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. e. Consistency with the organizational patterns of the City. d. Effect of differing legally mandated impasse resolution procedures e. Number of employees and classifications, and the effect on the administration of employer- employee relations created by the fragmentation of classifications and proliferation of units. L Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore such managerial, supervisory and confidential employees may only be included in units that do not include non -managerial, non- supervisory and non - confidential employees, unless specifically exempted from this by the Municipal Employee Relations Officer. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees. Peace Officers have the right to be represented in separate units composed solely of such peace officers. Also under the MMBA, professional employees have the right to be represented separately from non- professional employees. The Municipal Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Municipal Employee Relations Officer shall be final. MT-MffillffOMT=77• 11 • • 1 • • 1 - • } Requests by employee organizations for modifications of established appropriate units may be considered by the Municipal Employee Relations Officer only during the period specified in Sec. 8 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article, 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. 9 hereof. The Municipal Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II. The Municipal Employee Relations Officer may by his own motion propose that an established unit be modified. The Municipal Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafterthe Municipal Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 9 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Municipal Employee Relations Officer's determination may be appealed as provided in Section 12 of this Article. If a unit is modified pursuant to the motion of the Municipal Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof. Sec. 11. Procedure for Processina Severance Reauests: An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Sec. 10 for modification requests. Sec. 12. Appeals: An employee organization aggrieved by an appropriate unit determination of the Municipal Employee Relations Officer; or an employee organization aggrieved by a determination of the Municipal Employee Relations Officer that a Recognition Petition (Sec. 3), Challenging Petition (Sec. 5), Decertification Petition (Sec. 8), Unit Modification Petition (Sec. 10) --- or employees aggrieved by a determination of the Municipal Employee Relations Officer that a Decertification Petition (Sec. 8) or Severance Request (Sec. 11) ---has not been filed in compliance with the applicable provisions of this Article, may, within ten (10) days of notice of the Municipal Employee Relations Officer's final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Municipal Employee Relations Officer's determination or the termination of mediation proceedings, whichever is later. Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Municipal Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a non-binding third party hearing process. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding. Article III -- Administration Sec. 13. Submission of Current Information by Recoanized Employee Organizations: All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (a.) through (h.) of its Recognition Petition under Sec. 3 of this Resolution shall be submitted in writing to the Municipal Employee Relations Officer within fourteen (14) days of such change. Exclusively Recognized Employee Organizations that are party to an agency shop provision shall provide annually to the Municipal Employee Relations Officer and to unit members within 60 days after the end of its fiscal year the financial report required under Government Code Section 3502.5 (f) of the Meyers-Milias Brown Act. Sec. 14. Employee Oraanization Activities -- Use of City Resources: Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer- employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. Sec. 15. Administrative Rules and Procedures: The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Sec. 16. Initiation of Impasse Procedures: If the meet and confer process has reached impasse as defined in Section 2 of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Municipal Employee Relations Officer. The purpose of such meeting shall be: a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Sec. 17. Impasse Procedures: Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time ito] concerning the issues. b. If the parties agree to, and do participate in mediation, and if mediator is unable to effect settlement of the controversy, the employee organization may present a request to the City and the Public Employment Relations Board (PERB) to submit the impasse to fact-finding. This request by the employee organization to submit the impasse to fact-finding must be made no sooner than 30 days, but no later than 45 days, following the selection of a mediator by the parties. c. If the parties do not agree to participate in mediation, the employee organization may present a request to the City and PERB to submit the impasse to fact-finding no later than 30 days following the date that either party has provided the other a written notice of declaration of impasse. d. Within five (5) working days after PERB's determination that the request for factfinding is sufficient, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Municipal Employee Relations Officer, and one member shall be appointed by the Exclusively Recognized Employee Organization. PERB shall, within five (5) working days after making its determination that the request for fact-finding is sufficient, submit the names of seven persons, drawn from the list of neutral fact -finders established pursuant to Government Code section 3541.3(d). PERB shall thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five (5) working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by PERB. e. The following constitute the jurisdictional and procedural requirements for fact-finding: (1) The panel shall, within ten (10) days after its appointment, meet with the parties or their representatives, eitherjointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. The panel shall have subpoena power with regard to hearings, investigations and inquiries. (2) Subject to the stipulations of the parties, the fact -finders shall consider, weigh and be guided by the following measures and criteria in arriving at their findings and recommendations: a. State and federal laws that are applicable to the employer. b. Local rules, regulations, or ordinances. c. Stipulations of the parties. d. The interests and welfare of the public, and the financial ability of the public agency. e. Comparison of the wages, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies. L The consumer price index for goods and services, commonly known as the cost of living. g. The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. 11 h. Any other facts not confined to those specified in paragraphs (a) -(g), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations, including, but not limited to: (i) Maintaining appropriate compensation relationships between classifications and positions within the City; (ii) Other legislatively determined and projected demands on agency resources (i.e., budgetary priorities as established by the governing body); (iii) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); (iv) Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s); (v) Assurance of sufficient and sound budgetary reserves; and (vi) Constitutional, statutory, and Municipal Code limitations on the level and use of revenues and expenditures. (3) Within thirty (30) days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make written findings of fact and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact -finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Municipal Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization before they are made available to the public. (4) If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the City shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council's legislative consideration of the impasse. (5) After any applicable mediation and fact-finding procedures have been exhausted, but no earlier than ten (10) days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, the City Council may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the City's last, best and final offer. Any legislative action by the City Council on the impasse shall be final and binding. (6) The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson's resume on file with PERB. The chairperson's bill showing the amount payable by the parties shall accompany his or her final report to the parties and PERB. The parties shall make payment directly to the chairperson. (7) Any other mutually incurred costs shall be borne equally by the parties. Any separately incurred costs forthe panel member selected by each party shall be borne by that party. Sec. 18. Costs of Impasse Procedures: 12 The cost for the services of a mediator and chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and Exclusively Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party. Article V -- Miscellaneous Provisions Sec. 19. Construction: This Resolution shall be administered and construed as follows: (a) Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by federal or state law. (b) This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I. (c) Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit rights accorded them under City law or contract. Sec. 20. Severability: If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 13