HomeMy WebLinkAbout05.J- Human Resources RESOLUTION (ID #3288) DOC ID: 3288 E
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
r Personnel
From: Helen Tran MICC Meeting Date: 06/16/2014
Prepared by: Rebekah Kramer, (909) 384-
5248
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 Rule 511,Reduction in Force. (#3288)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact to revise Civil Service Rule 511.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action.
On June 10, 2014, the Civil Service Board of Commissioners recommended that the proposed
item be forwarded to the Mayor and Common Council for adoption.
Background.
When a reduction-in-force is necessitated, Civil Service Rule 511 allows an employee to displace
another in an equal or lower classification within the department based upon seniority in the
affected classification. Rule 511 enables employees to fill a position if they meet the minimum
qualifications as stated in the job description regardless of whether or not the individual has
previously held the position. As knowledgeable, fully trained and experienced employees are
displaced from their classifications by employees who most often have never held the position,
City departments are severely challenged to continue to provide necessary services to the
community. To retain experienced employees in each classification it is recommended that
to personnel that have previously held the classification.
transfers or demotions be limited p p Y
The proposed changes were distributed (by first class mail & e-mail) to each of the employee
bargaining units on May 27, 2014 for consideration. All groups were given an opportunity to
meet and discuss with Human Resources regarding the proposed changes.
On June 10, 2014, the Civil Service Board of Commissioners took action to adopt the revisions
to Rule 511 with a 3 to 2 vote, recommending that the Mayor and Common Council adopt the
revisions identified in EXHIBIT"A".
City Attorney Review:
S u ortin Documents:
Ap g
reso 3288 (PDF)
EXHIBIT A-Rule 511-Reduction in Force Revision 2014 (PDF)
Updated: 6/12/2014 by Linda Sutherland E Packet Pg. 130
S.J.a
I RESOLUTION NO.
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.
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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
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7 unit representatives for review; and LL
8 WHEREAS, the Civil Seri ice Board took action on June 10, 2014, to adopt the 2
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revisions identified in Exhibit"A." a
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11 NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND
12 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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14 SECTION 1. The change to Civil Service Rule 511, attached hereto as Exhibit"A" is Cn
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15 hereby approved. '
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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.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting
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7 thereof,held on the day of ,2014, by the following vote,to wit: ,°
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Council Members: AYES NAYS ABSTAIN ABSENT ;o�
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MARQUEZ
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11 BARRIOS U)
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12 VALDIVIA
13 SHORETT
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14 NICKEL
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JOHNSON O-
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MULVIHILL
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19 Georgeann Hanna, City Clerk co
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20 The foregoing resolution is hereby approved this day of , 2014.
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22 R. Carey Davis, Mayor r
23 City of San Bernardino Q
24 Approved as to form:
25 Gary D. Saenz, City Attorney
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Packet Pg. 132
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EXHIBIT "A" o
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PROPOSED CIVIL SERVICE RULE REVISION
RULE 511 - REDUCTION IN FORCE o
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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 r
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every effort has been made to transfer, demote, temporarily appoint or undertake
other action to retain permanent employees in lieu of a lay-off.
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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 in
Examiner shall thereupon designate the order of lay-off in accordance with this _>
rule and the department head shall process the necessary personnel actions. U
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 N
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 N
the employee with the shortest term of service within the department shall be the
t 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 N
initiating notice to the Chief Examiner by, or at the behest or initiation of, an o
a pp ointin g P ower or department head for the benefit of the City to a position in T>
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, L°
demotions or layoffs shall be in inverse order to the length of service in the class, c
provided, however,no employee shall be transferred or demoted to a class, title or o
position fof in which the employee has not previously held status. does not
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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 a
rule shall, in lieu thereof, be allowed to transfer to a position in one of the other
classes of equal compensation, €ew in which the employee has previously held
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provided that the employee subject to lay-off has longer service in class than the m
employee displaced has in the class. To be considered for said transfer in lieu of w
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.
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Packet Pg. 133
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
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•r-eme—s of knowledge, skills and 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. W
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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 v
completed the required probationary period .e see- _a but fey- hie lass he
possesses the minin iepAs of , , , such
appointment shall be on a probationary basis and Section 254 of the City Charter v
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 o
next lower class in which the employee has previously held status. . ,
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off possesses the mi rements of laiewledge, skill and. . o!
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Any employee displaced hereunder shall have the same right to displace M
employees in equal or lower classes as does an employee subject to lay-off. �
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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 •2
or promoted to the former class any lower e'a-as--upon the first vacancy
occurring in any such class in the department
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�—su� and such right shall take precedence over the regular u°_
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, o
transfer or promotion to such class shall be in the order of seniority in said class =
before lay-off,transfer or demotion. D
If, at any point in the above described procedure, it becomes evident that two of Ln
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. ¢
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1. The department head shall review all personnel records including x
probationary and/or annual employee evaluation reports, letters of w
commendation or reprimand and such other information as may assist
him in making a final determination. The department head's review E
shall be objective in nature and free of any personal bias or
consideration. After such review and based upon work performance Q
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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 c
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.
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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 LO
application of said rule in writing, not later than the end of the next working day, 3
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, U
1975; Resolution No. 2012-213, August 6, 2012). L
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