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Home My WebLink About2014-162 1 RESOLUTION NO. 2014-162 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE REVISIONS TO CIVIL SERVICE RULE 511, 3 REDUCTION IN FORCE. 4 5 WHEREAS, the revision to Civil Service Rule 511 pertaining to reductions in force 6 was developed by the Chief Examiner, and was presented to all of the respective bargaining 7 unit representatives for review; and 8 WHEREAS, the Civil Service Board took action on June 10, 2014, to adopt the 9 revisions identified in Exhibit"A." 10 11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 12 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 13 14 SECTION 1. The change to Civil Service Rule 511, attached hereto as Exhibit "A" is 15 hereby approved. 16 17 /// 18 11/ 19 /// 20 /// 21 /// 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 2014-162 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO ADOPTIONG THE REVISIONS TO CIVIL SERVICE RULE 511, REDUCTION IN FORCE. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a joint regular meeting 7 thereof, held on the 16 tYday of June , 2014, by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 NICKEL X 15 JOHNSON x 16 17 MULVIHILL x 18 Ale Li. 19 Georg/ Hanna, ' ity Clerk 20 The foregoing resolution is hereby approved this 17 day of , 2014. 21 22 Ze:le R. Carey Da is, Mayor 23 City of San ernardino 24 Approved as to form: 25 Gary D. Saenz, City Attorney 26 27 B : . �.• •_ A—. • 28 2014-162 EXHIBIT "A" PROPOSED CIVIL SERVICE RULE REVISION RULE 511 - REDUCTION IN FORCE 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 class, the appointing power shall present evidence to the Chief Examiner that every effort has been made to transfer, demote, temporarily appoint or undertake other action to retain permanent employees in lieu of a lay-off. The department head shall give at least two working days advance notice to the Chief Examiner of the titles, classes and number of positions involved. The Chief Examiner shall thereupon designate the order of lay-off in accordance with this rule and the department head shall process the necessary personnel 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 order of layoffs shall thereafter be determined by seniority. Seniority of employees for purposes of reduction in force or transfers and demotion 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 within the department shall be the first to be transferred, demoted or laid off. 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 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 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 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 employee shall be transferred or demoted to a class, title or position fef in which the employee has not previously held status. t s-- po sess the minimum requirements of know,ledge skill and experience. In a department where there is more than one class having equal rates of 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 other classes of equal compensation, for in which the employee has previously held status - . . - . provided that the employee subject to lay-off has longer service in class than the employee 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 later than the end of the next working day, that the Civil Service office is open, after receiving written notice of said lay-off. 5/20/2014 2014-162 Any probationary or regular employee subject to lay-off under this rule shall in lieu thereof be allowed a demotion to the next lower class within the department in which the employee subject to lay-off has previously held status possesses the • , and shall become the senior employee in that class for the purpose of this rule; provided, however, that in the first grade or lowest class within a department, total time in service shall be 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 must notify the appointing power in writing of such election not later than the next working day, that the Civil Service office is open, after receiving written notice of said lay-off If an employee subject to lay-off displaces another employee in an equal or lower class in a position in which said employee subject to lay-off has served, but not completed the required probationary period Y, , such appointment shall be on a probationary basis and Section 254 of the City Charter shall apply. Not later than the end of 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 the employee has previously held status. subject to lay Any employee displaced hereunder shall have the same right to displace employees in equal or lower classes as does an employee subject to lay-off Any employee laid off or demoted to a lower class or transferred to an equal 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 vacancy occurring in any such class in the department provided the person laid off or demoted possesses the minimum requirements of knowledge, skill and experience for such vacancy and such right shall take precedence over the regular employment or promotional lists. In the event more than one 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 seniority in said class before lay-off, transfer or demotion. If, at any point in the above described procedure, it becomes evident that two of 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 order of lay-off 1. The department head shall review all personnel records including probationary and/or annual employee evaluation reports, letters of commendation or reprimand and such other information as may assist him in making a final determination. The department head's review shall be objective in nature and free of any personal bias or consideration. After such review and based upon work performance 5/20/2014 2014-162 and the good of the service, the department head shall establish the final order of lay-off. 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 filing application for appointment to the position shall be used. The last employee to have filed application for appointment to the position shall be the first employee subject to lay-off. Any employee laid off, transferred or demoted under this rule shall have the right of 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 Service office is open, after receiving written notice of said lay-off. (Amended by CS-23, August 5, 1975; Council Ordinance No. 3526, September 8, 1975; Resolution No. 2012-213, August 6, 2012). 5/20/2014