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HomeMy WebLinkAbout06.H- City Manager 6.H RESOLUTION(ID# 1997) DOC ID: 1997 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION OReport/Information From: Andrea Travis-Miller M/CC Meeting Date: 08/06/2012 Prepared by: Georgeann "Gigi" Hanna, Dept: City Manager Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Amendment by the Civil Service Board of Rule 511 Regarding Reduction in Force Financial Impact: N/A at time of Agenda production. Motion: Adopt Resolution Synopsis of Previous Council Action: N/A Background: N/A City Attorney Review: Supporting Documents: Reso Approving CSB Amendment of Rule 511 signed copy(PDF) 'i Updated:8/3/2012 by Georgeann"Gigi"Hanna Page 1 Entered Into Rec, at MCC/CDC MItg:i G i by: �K,�* - -el�-��l Agenda Jern N ; !q- by: City Clerkl DC Secretary 1 City of San Bernardino RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO APPROVING THE AMENDMENT BY THE CIVIL SERVICE BOARD OF RULE 511 REGARDING REDUCTION IN FORCE 4 5 WHEREAS, pursuant to Section 250 of This Charter, The Civil Service Board, 6 subject to the approval of the Mayor and Common Council, shall adopt, amend and enforce a 7 code of rules and regulations and shall make investigations concerning the enforcement and 8 effect of the rules adopted; and 9 10 WHEREAS, The City of San Bernardino declared a fiscal emergency on July 18, 2012; and 11 WHEREAS, Rule 511 of the "Civil Service Rules and Regulations for the Classified 12 Civil Service" provides certain timelines for Reductions in Force that need to be shortened in 13 light of the declaration of fiscal emergency; and 14 WHEREAS, the Civil Service Board now desires to amend its Civil Service Rules to 15 shorten the timelines for Reductions in Force; and 16 WHEREAS, pursuant to San Bernardino Municipal Code Section 2.50.010, all 17 18 amendments to the Civil Service Rules shall be adopted by resolution of the Mayor and Common Council. 19 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 20 SAN BERNARDINO AS FOLLOWS: 21 22 SECTION 1. Rule 511 of the "Civil Service Rules and Regulations for the Classified Civil Service" is hereby approved as amended by the Civil Service Board to read as follows: 23 24 "Rule 511 Reduction in Force.When it becomes necessary through lack of work or lack of funds or for other reasons to reduce the number of employees within a given 25 class, the appointing power shall present evidence to the Chief Examiner that every effort has been made to transfer, demote, temporarily appoint or 26 undertake other action to retain permanent employees in lieu of a lay-off. 27 The department head shall give at least 2 working days advance notice to the 28 Chief Examiner of the titles, classes and number of positions involved. The TI _ � /_ U 1 Chief Examiner shall thereupon designate the order of lay-off in accordance with this rule and the department head shall process the necessary personnel 2 actions. Emergency, temporary and provisional employees shall be laid off in that order prior to the lay-off of permanent employees in the same class. The 3 order of layoffs shall thereafter be determined by seniority. Seniority of employees for purposes of reduction in force or transfers and demotion 4 brought about by said reduction in force shall be based on seniority in class with the department so that the employee with the shortest term of service 5 within the department shall be the first to be transferred, demoted or laid off. 6 However, any employee who has or shall be transferred involuntarily or who was or shall be transferred upon written initiating notice to the Chief Examiner 7 by, or at the behest or initiation of, an appointing power or department head for the benefit of the City to a position in another department shall retain the 8 seniority earned and accrued in the class in the department from which the employee was or shall be transferred. In the event more than one employee 9 is transferred, demoted or laid off, such transfers, demotions or layoffs shall be in inverse order to the length of service in the class, provided, however, no 10 employee shall be transferred or demoted to a class, title or position for which 11 the employee does not possess the minimum requirements of knowledge, skill and experience. 12 In a department where there is more than one class having equal rates of 13 compensation, any probationary or regular employee subject to lay-off under this rule shall, in lieu thereof, be allowed to transfer to a position in one of the 14 other classes of equal compensation, for which the employee possesses the minimum requirements of knowledge, skill and experience, provided that the 15 employee subject to lay-off has longer service in class than the employee 16 displaced has in the class. To be considered for said transfer in lieu of lay-off, an employee must notify the appointing power in writing of such election not 17 later than the end of the next working day, that the Civil Service office is open, after receiving written notice of said lay-off. 18 Any probationary or regular employee subject to lay-off under this rule shall in 19 lieu thereof be allowed a demotion to the next lower class within the department in which the employee subject to lay-off possesses the minimum 20 requirements of knowledge, skills and experience, and shall become the senior employee in that class for the purpose of this rule; provided, however, that in 21 the first grade or lowest class within a department, total time in service shall be 22 the only criteria to be considered in determining which employee shall be laid-off. To be considered for said demotion in lieu of lay-off, an employee 23 must notify the appointing power in writing of such election not later than the end of the next working day, that the Civil Service office is open, after receiving 24 written notice of said lay-off. 25 If an employee subject to lay-off displaces another employee in an equal or 26 lower class in a position in which said employee subject to lay-off has never served, but for which class he possesses the minimum requirements of 27 knowledge, skill and experience, such appointment shall be on a probationary basis and Section 254 of the City Charter shall apply. Not later than the end of 28 1 the probationary period, said employee shall either become regular in this position or be allowed to displace an employee in the next lower class in which 2 the employee subject to lay-off possesses the minimum requirements of knowledge, skill and experience. 3 Any employee displaced hereunder shall have the same right to displace 4 employees in equal or lower classes as does an employee subject to lay-off. 5 Any employee laid off or demoted to a lower class or transferred to an equal 6 class under this rule shall have the right for two (2) years to be re-employed, transferred or promoted to the former class or any lower class upon the first 7 vacancy occurring in any such class in the department provided the person laid off or demoted possesses the minimum requirements of knowledge, skill and 8 experience for such vacancy and such right shall take precedence over the regular employment or promotional lists. In the event more than one 9 employee was so laid off, demoted or transferred from such class the rights to re-employment, transfer or promotion to such class shall be in the order of 10 seniority in said class before lay-off, transfer or demotion. 11 If, at any point in the above described procedure, it becomes evident that two of 12 more employees within the same classification possess the exact and same seniority rights under this rule, the following method shall be used to determine the 13 order of lay-off. 1. The department head shall review all personnel records including 14 probationary and/or annual employee evaluation reports, letters of 15 commendation or reprimand and such other information as may assist him in making a final determination. The department head's review shall be 16 objective in nature and free of any personal bias or consideration. After such review and based upon work performance and the good of the 17 service, the department head shall establish the final order of lay-off. 18 2. In the event two or more employees within the same classification are determined to be equal, based upon the above criteria, the time and date of 19 filing application for appointment to the position shall be used. The last 20 employee to have filed application for appointment to the position shall be the first employee subject to lay-off. 21 Any employee laid off, transferred or demoted under this rule shall have the right of 22 appeal to the Civil Service Board based upon misinterpretation or improper application of said rule in writing, not later than the end of the next working day, that the Civil 23 Service Office is open, after receiving written notice of said lay-off." 24 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE AMENDMENT BY THE CIVIL SERVICE BOARD OF 2 RULE 511 REGARDING REDUCTION IN FORCE 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common 5 Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 2012, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ 9 10 JENKINS 11 VALDIVIA 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 Gerogeann Hanna, City Clerk 19 The foregoing Resolution is hereby approved this day of , 2012. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to form: JAMES F. PENMAN, 24 City Attorney 25 By: 26 27 28