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HomeMy WebLinkAboutORD 312i ORDINANCE No. 312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTIONS 2.52.500 THROUGH 2.52.560 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, CONSTITUTING A PORTION OF THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF PALM DESERT, CALIFORNIA, AND AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF PALM DESERT, CALIFORNIA. WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That it does hereby amend the City of Palm Desert Rules and Regulations, set forth in Exhibit "A", attached hereto and made a part hereof, effective immediately. SECTION 2: That Sections 2.52.500 through 2.52.560, inclusive, constituting a portion of the City of Palm Desert Personnel Rules and Regulations, are hereby repealed. SECTION 3: The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 12th day of August , 1982, by the following vote: AYES: Puluai, Snvder F Jilson NOES: `�ewbrander ABSENT: :•1c Ph e r s on ABSTAIN: S.WILSON, Mayor Ci y of Palm Desert .California ATTEST: SHEILA R. IGAN, C Clerk }- ci Palm Desert,' al`ornia r 2.52.500 Against whom disciplinary action may be taken. In conformity with Sections 2.52.500 through Section 2.52.580, inclusive, disciplinary action may be taken against any employee, whether said employee is a permanent or temporary employee. 2.52.510 Causes for discipline. A. Employees may be admonished, reprimanded, suspended, demoted or discharged for any of the following causes: 1. Absence without leave. 2. Abuse of sick leave privileges. 3. Fraud in securing appointment. 4. Incompetence. 5. Inefficiency. 6. Malfeasance. 7. Misconduct. 8. Insubordination. 9. Dishonesty. 10. Mishandling of public funds. 11. Falsifying of city records. 12. Unauthorized use or negligence in the use of city tools and equipment. 13. Wilful disobedience of these rules and regulations set out in this chapter, administrative regulations, or any departmental rules and regulations which have been approved by the city manager. 14. Any other act or acts which are incompatible with the public service. B. i-Iaifeasance and misconduct s1.all be deemed to include, for the purposes of this section, but shall not be limited to the following acts or commissions: 1. Convicti cn of a crime moral turpitude. "Conviction" si,all be to be a ceter;ni.latic ,.i� _u_- :er�__ ;.____.n �� t._ court, or plea of guilt-: Cr ..olc contende�e c F '�I:e accuse;. EXHIBIT "y" regardless of subsequent disposition of the case by suspension of sentence, grant of probation, or otherwise. The words "moral turpitude" shall be construed to mean any base, vile, lewd, depraved, dishonest, immoral or corruptly motivated act. 2. The damaging of public property or the waste of public supplies through negligence or wilful misconduct. 2.52.520 Admonishment or reprimand. Admonishment and reprimand represent the two mildest forms of disciplinary action and neither type results in the loss of pay for the employee. These actions may be oral or written and constitute only a warning to the employee that he is not satisfactorily fulfilling the duties and responsibilities of his position. If the admonishment or reprimand is written and a copy is sent to the city manager, it shall become part of the employee's permanent record. The employee may request a hearing as set forth in Section 2.52.560, below, and if, at the hearing, the employee's position is sustained, the written reprimand shall be purged from the employee's permanent record. 2.52.530 Suspension. The city manager or his designated representative may suspend an employee from his position for just cause. The city manager may suspend an employee with or without pay not to exceed twenty working days. No employee shall be penalized by suspension for more than twenty working days in any fiscal year for disciplinary reasons. Suspensions shall be reported immediately to the city manager. An employee subject to suspension shall be entitled to prior written notice of the proposed suspension, except as noted under Section 2.52.560(c). The employee shall be entitled to respond orally or in writing, to the proposed suspension and shall be entitled to a hearing, pursuant to Section 2.52.560, belcw. -3- EXHIBIT "A" 2.52.540 Demotion or reduction in pay. The city manager may demote or reduce in pay any employee whose ability to perform his required duties falls below standard, or for disciplinary purposes. No employee shall be demoted to a position for which he does not possess the minimum qualifications. The employee proposed to be demoted or whose pay is proposed to be reduced, shall be entitled to notice of the proposed action, may respond to the proposed action orally or in writing, and shall be entitled to the hearing set forth in Section 2.52.560, below. 2.52.550 Discharge. An employee may be discharged for cause at any time by the city manager, pursuant to the procedure for discharge set forth in Section 2.52.560, below. 2.52.560 Procedure for suspension, demotion, reduction in pay, or discharge. A. Applicability. The procedure in this section applies to all employee written reprimands, suspensions, demotions, reductions in pay, or discharges. An employee may, in writing, waive his right to a hearing and/or appeal to the City Council. B. In order to provide for the hearing of appeals, pursuant to the provisions of this Code, there is hereby established a Personnel Board consisting of five (5) members who are not employees of the City. The city manager shall be an ex officio member of and shall act as secretary to said Board: The Board shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its business, shall comply with the minimum standards set forth in this section, and shall render all decisions and findings in writing to the appealing employee v;ith a copy to t';e city manager. Hearings before the Personne� Ecaiu shall ce prccessed In t:-.e prey_ ic___ __ s section. Copies of 311 _ ._es or Z._ aticns y the EXHIBIT "A" Personnel Board shall be delivered to the city manager who shall make them freely accessible to the public. The Personnel Board shall hold regular meetings at such time and place within the City as shall be designated by the Chairman of the Board. Any regular meeting may be adjourned to a time certain and to a place designated by the Chairman. In addition, the Board may hold special meetings upon the call of the Chairman or a majority of the members of the Board. A majority of the members of the Board shall constitute a quorum for the transaction of business. Hearings conducted by the Personnel Board are subject to the "Brown Act", Government Code Sections 54940, et seq., and shall be conducted in private where they pertain to the suspension, demotion, reduction in pay or discharge of an employee, unless the employee requests a public hearing. The Personnel Board may exclude from any such private meeting, during the examination of a witness, any or all other witnesses in the matter before the Personnel Board. C. Notice of proposed action. An employee subject to suspension, demotion, reduction in pay, or discharge, shall receive, at least seven (7) days prior to the effective date of the disciplinary action, notice, in writing, of the proposed action, except that the disciplinary action may be immediate, when the City Manager determines that seven days notice would be harmful to the best interests of the City and its citizens. The notice shall include a statement of the proposed disciplinary action, the reasons for the action, and a copy of the charges, if any, and materials, if any, upon which the action is based. The notice shall advise the employee that the employee may respond, either orally or in writing, to the authority initially imposing the uiscipline. D. Eninlovee's riaht to rescond. The emclovee subject to t:-.e .._scipline s :ail :ia:e _ght to=espor. orally or i.. initiall -s- EXHIBIT "A" the discipline. E. Hearing. Any employee, whether temporary, or permanent, shall have the right, within fourteen (14) days of the notification of the disciplinary action, to request a hearing before the Personnel Board, to appeal a written reprimand, suspension, demotion, reduction in pay, or discharge. The appeal shall be in writing, subscribed by the appellant, and filed with the city manager who shall, within ten (10) days after receipt of the appeal, inform each member of the Personnel Board, the City Council and such other persons or officers named or affected by the filing of the appeal. The appeal shall be a written statement addressed to the city manager, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant with his reasons therefor. The formality of a legal pleading is not required. Upon the filing of an appeal, the city manager shall set a date for hearing on the appeal not less than ten (10) days, nor more than thirty (30) days from the date of filing. The city manager shall notify all interested parties in writing of the date, time and place of the hearing. On the filing of an appeal, the Personnel Board may make such independent investigation of the matter as it may deem necessary. The results of such investigation shall be made part of the record of the proceedings and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation. The following procedures shall be followed at the hearing: 1. The appellant shall appear personnally, unless physically unable to do so, before the Personnel Board at the time and place of the heariclgs. 2. The appellant may be represented by any Gerson, attorne_:,, Dr a representative of t::e : a ,:; Deser t Employees Organ=zaticn, as he nav select and mad.°, at the M EXHIBIT "A" hearing, produce on his behalf relevant, oral or documentary evidence. 3. The City shall state its case first and, at the conclusion, opposition matter may be presented by the employee. 4. The City may then present rebuttal matter, not repetitive, at the discretion of the Personnel Board. permitted. 5. Cross-examination of witnesses shall be 6. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its Chairman, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to the technical rules relating to evidence, or witnesses, except as stated herein. 7. Hearings shall be closed unless the appellant, in writing, requests an open hearing. 8. The decision of the Personnel Board must be supported by a preponderance of the evidence, apart from the employee's own testimony, and not based on hearsay evidence alone. 9. Witnesses shall be sworn and shall give testimony under oath at the hearing. 10. All proceedings of the Personnel Board shall be transcribed by a Certified Court Reporter. 11. The City of Palm Desert shall provide access to the employee's personnel files prior to the hearing, if requested in writing by the employee. 12. Findings and decisions: The Personnel Board shall, within ten (10) days after the conclusion of the hearing, certif,., its findings and decisions in writing to the appellant nd to the personnel officer or body from whose actio_­: the ,cceal was take?,. .-is decision s>;ali to final, unless modified by decision of t..e City Council. Anv EXHIBIT "A" appeal to the City Council must be made in writing and filed with the City Clerk within ten (10) days after receipt of the Personnel Board's decision. Any member of the Personnel Board may submit a minority or supplemental finding to the decision rendered. F. Appeal to City Council. Upon receipt of an appeal by the employee to the City Council from the findings and recommendations of the Personnel Board, the City Council shall review the transcripts of the Personnel Board hearing. The City Council shall affirm the findings and recommendations of the Personnel Board, if the City Council finds the findings and recommendations are based on substantial evidence, apart from the employee's own testimony and not based on hearsay evidence alone. The City Council shall, within ten (10) days after receipt of the notice of appeal to the City Council, certify its findings and decisions in writing to the appellant, to the Personnel Board, and to the person, officer, or body from whose action an appeal was taken. The decision of the City Council shall be final. The City Council shall have the right to affirm, modify, or overrule the decision of the Personnel Board. Any member of the City Council may submit a minority or supplemental finding through the decision rendered. 2.52.570 Grievances and appeal procedures not involving suspension, demotion, reduction in pay, or discharge. A. It is the desire of the city to adjust grievances informally and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there will be grievances which will be resolved only after a formal appeal and review. Accordingly the following procedure is established: 1. r: emcl ,ee of the city personnel system shall have tte right to grieve under _n-is EXHIBIT "A" r provision any disciplinary action not involving suspension, demotion, pay reduction or discharge, or any dispute concerning the interpretation or application of the city's written personnel rules and regulations, except in instances where the right of appeal is specifically prohibited. by these rules. 2. The employee shall follow chain of command in presenting his grievances, except where the grievance involves an employee's immediate supervisor in which case the grievance should be presented to the next level of supervisors. 3. An employee who has a problem or complaint shall first discuss the matter with his immediate supervisor without undue delay. The supervisor shall make inquiry into the facts and circumstances of the complaint and attempt to resolve the matter promptly and fairly. 4. If after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee, after informing the supervisor, shall have the right to file a formal grievance in writing within seven calendar days to the department head. The department head shall make a separate investigation and inform the employee in writing of his decision and the reason therefore within seven calendar days after receipt of the employee's grievance. 5. If the employee is dissatisfied with the department head's decision within seven calendar days following receip-t of the decision of the department head, the employee may request in writing a review by the city manager. The city manager shall make an investigation and conduct such hearings as he deems necessar-7 and shall within fifteen calendar days after receipt of the employee's request for review, inform the employee in writing of his findings and decis_On. decision of :..:e cit_- n,anace- shall be final. -9- EXHIBIT "A" 0 B. Employees shall be assured freedom from reprisal for using the grievance procedures. 2.52.580 Employee responsibilities. Since it is the policy of the city to recruit highly qualified staff, at a competitive total compensation level, the employees shall be responsible for striving to meet the high performance standards established by city management. -10- EXHIBIT "A"