HomeMy WebLinkAbout05.F- Human Resources RESOLUTION (ID# 2881) DOC ID: 2881 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Personnel
From: Helen Tran M/CC Meeting Date: 01/21/2014
Prepared by: Linda Wynn, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the
Revisions to Civil Service Rules Pertaining to Re-Employment/Re-Instatement. (#2881)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact to revise the Civil Service Rules.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
! Due to the lack of quorum, the Committee Chairperson recommended the item be forwarded to
Mayor and Common Council.
Background:
A recent issue involving a Maintenance Worker I laid-off by the Parks Department and re-
employed in the same classification by Public Works, prompted the Chief Examiner to review
E the Civil Service Rules pertaining to re-employment. During the process, Rules 128, 401.1, 403,
and 515 were considered, along with a legal memo from 2008.
With the assistance of City Attorney staff, the Chief Examiner developed revisions to the
pertinent Rules, which were presented to all of the bargaining units by Human Resources. Other
than a question from Police Management and a minor issue raised by Mid-Management that was
resolved,there were no challenges from the unions.
On November 26, 2013, the Civil Service Board of Commissioners adopted the revisions and
directed the Chief Examiner to move forward with the steps toward approval by Council.
Pursuant to current Rules, Civil Service maintains re-employment lists of laid-off employees,
which also includes employees who have voluntarily resigned their positions and subsequently
requested placement on a re-employment list. Provided the department head and the Chief
Examiner approve these requests, employees who have resigned are placed on re-employment
lists along with laid-off employees according to seniority in classification. The result is that an
employee who voluntarily resigned from his/her position with more seniority in class than a laid-
off employee will have priority re-employment rights over the laid-off employee.
To ensure that employees laid-off by the City are eligible for priority re-employment
0 consideration over all others, including employees who have voluntarily resigned from their City
Updated: 1/14/2014 by Jolena E.Grider A
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2881
positions, it is recommended that placement on re-employment lists be limited to laid-off
employees. Employees who have resigned will continue to be eligible to apply for open
positions.
The Civil Service Board respectfully requests adoption of the proposed revisions to Rules 128,
401.1, 403, and 515.
City Attorney Review:
Supporting Documents:
reso 2881 (PDF)
Revisions-Re-Employment Rules 2013 (PDF)
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Updated: 1/14/2014 by Jolena E. Grider Aaakef PgF$U
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO ADOPTING THE REVISIONS TO CIVIL SERVICE RULE
3 PERTAINING TO RE-EMPLOYMENT/RE-INSTATEMENT.
4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: y
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SECTION 1: The revisions to Rules 128, 401.1, 403 and 515 that pertain to re
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employment and/or re-instatement were developed by the Chief Examiner, with the assistance o
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9 City Attorney staff, and were presented to all of the respective bargaining unit representatives fo w
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1 o review. All concerns and/or questions were resolved; and °
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i 1 SECTION 2: The Civil Service Board of Commissioners took action on November 26
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12 2013, and on December 10, 2013,to adopt the revisions; and y
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SECTION 3: The Civil Service Board Chief Examiner is authorized to update the Civil
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Service Rules to reflect these actions.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO ADOPTING THE REVISIONS TO CIVIL SERVICE RULE
2 PERTAINING TO RE-EMPLOYMENT/R.E-INSTATEMENT.
3 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof,
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held on the day of ,2014, by the following vote, to wit: c
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COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT _
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$ MARQUEZ a
JENKINS E Ly
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MULVIHILL
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Georgeann Hanna, City Clerk in
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The foregoing Resolution is hereby approved this of , 2014. v
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Patrick J. Morris,Mayor N
is City of San Bernardino
Approved as to form:
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GARY D. SAENZ,
20 City Attorney 00
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CURRENT
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Rule 128 "Re-employment list" means a list of permanent or probationary employees who d
have been laid off for lack of work, lack of funds or other causes not involving y
fault or delinquency on their part, or who have resigned and have been permitted
to withdraw their resignations to permit their re-employment.
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PROPOSED E,
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Rule 128 "Re-employment list" means a list of permanent or probationary employees who E
have been laid off for lack of work, lack of funds or other causes not involving
fault or delinquency on their part, o w',e have r° gne an have been ~effflitted �
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CURRENT
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Rule 401.1 Re-employment Lists
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A re-employment list shall be established for a class whenever any regular or
permanent employee has been laid off for lack of work or lack of funds, or upon N
the abolishment of a position for any reason not involving the fault or delinquency
of the employee, and may also include the names of permanent employees who i3
have resigned and who have been permitted to withdraw their resignation on the
recommendation of the department head and approval of the Chief Examiner. o
Names shall be arranged on a re-employment list in the order of relative total
length of probationary and regular service in the class. Wherever a re-
employment list exists for a class, it shall take precedence over the promotional
list and the eligible list. co
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387, November
5, 1973). M
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PROPOSED
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Rule 401.1 Re-employment Lists E
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A re-employment list shall be established for a class whenever any regular or 0
permanent employee has been laid off for lack of work or lack of funds, or upon ►;�
the abolishment of a position for any reason not involving the fault or delinquency
of the employee, y
have resigned and whe have been pet:mit4ed to withdr-aw theif resignation on the _
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feeommendation of the depaftment head and appreval of the Chief Examine '>
Names shall be arranged on a re-employment list in the order of relative total
length of probationary and regular service in the class. Wherever a re-
employment list exists for a class, it shall take precedence over the promotional
list and the eligible list.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387, November Q
5, 1973).
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CURRENT
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Rule 403 Certification N
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Upon receipt of a requisition and after considering the possibility of transfer of an
employee already in the service, the Chief Examiner shall certify to the
department head the names of eligible candidates from existing lists for the class. T
In the event of certification from a re-employment list, promotional list or eligible 0
list, the Chief Examiner shall certify the names of all successful applicants for E
each vacancy. No certification from promotional or eligible lists may be made
until all of the names on a re-employment list for the same class have been W
certified and the eligibles have either been interviewed and appointed or
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interviewed/not appointed. In the event that there are less than three persons =
qualified for certification for the class in which the position belongs, the Chief
Examiner with the approval of the Board may certify less than three names for the a
position under consideration, provided that the appointing power has consented
thereto.
(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387, November
5, 1973).
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PROPOSED
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Rule 403 Certification =
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Upon receipt of a requisition and after considering the possibility of transfer of an
employee already in the service, the Chief Examiner shall certify to the
department head the names of eligible candidates from existing lists for the class.
In the event of certification from a re-employment list,promotional list or eligible N
list, the Chief Examiner shall certify the names of all successful applicants for
each vacancy. No certification from promotional or eligible lists may be made N
until all of the names on a re-employment list for the same class have been
certified, in order of seniority in classification, and the eligibles have either been
interviewed and appointed or interviewed/not appointed. A department may not =
deny appointment to an individual on a re-employment list provided the E
individual possesses the minimum requirements of knowledge, skills and o
experience for the classification. 0
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In the event that there are Les-s-fewer than three persons qualified for certification
for the class in which the position belongs, the Chief Examiner,,with the appraval y
agreement of the Bed department head, may certify less-fewer than three names o
for the position under consideration,
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(Amended by CS-22, October 9, 1973; Council Ordinance No. 3387, November
5, 1973).
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CURRENT
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Rule 515 Reinstatement
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A resigned probationary or regular employee may be reinstated to a position in
the same class if there is need for his services within a year after his resignation,
or within the same period he may be permitted to withdraw his resignation and his E,
name may be placed on an appropriate eligible list. An employee on leave of o
absence shall be entitled to reinstatement on or before the date of the expiration of E
his leave. (Amended by CS-22, October 9, 1973; Council Ordinance No. 3387, d
November 5, 1973).
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PROPOSED/ADOPTED BY CSB 12110113
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Rule 515 Reinstatement 3
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A resigned probationary or regular employee may be reinstated to a position in
the same class if there is need for his or her services within a year after 4i-s N
resignation, or_,within the same period he or she may be pefmit ed to_.,ithd.^,Y,, ° —
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submit a written request that his or her name Abe placed on an i)
eligible list for the classification held at the time of resignation. The 0
name shall remain on the eligible list for a period of two years from the c
resignation effective date. An employee on leave of absence shall be entitled to
reinstatement on or before the date of the expiration of his leave. (Amended by
CS-22, October 9, 1973; Council Ordinance No. 3387,November 5, 1973).
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