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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)
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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.
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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
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WHEREAS, pursuant to Section 250 of This Charter, The Civil Service Board,
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subject to the approval of the Mayor and Common Council, shall adopt, amend and enforce a
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code of rules and regulations and shall make investigations concerning the enforcement and
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effect of the rules adopted; and
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10 WHEREAS, The City of San Bernardino declared a fiscal emergency on July 18,
2012; and
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WHEREAS, Rule 511 of the "Civil Service Rules and Regulations for the Classified
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Civil Service" provides certain timelines for Reductions in Force that need to be shortened in
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light of the declaration of fiscal emergency; and
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WHEREAS, the Civil Service Board now desires to amend its Civil Service Rules to
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shorten the timelines for Reductions in Force; and
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WHEREAS, pursuant to San Bernardino Municipal Code Section 2.50.010, all
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18 amendments to the Civil Service Rules shall be adopted by resolution of the Mayor and
Common Council.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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SAN BERNARDINO AS FOLLOWS:
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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:
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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
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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."
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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:
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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.
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21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form:
JAMES F. PENMAN,
24 City Attorney
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By:
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