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HomeMy WebLinkAboutCity Council - 96-85 RESOLUTION NO. 9 b—S 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A SIDE LETTER OF AGREEMENT WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION The City Council of the City of Huntington Beach does resolve as follows: Section 1. The Side Letter of Agreement between the City of Huntington Beach and the Huntington Beach Management Employees Organization, a copy of which is attached hereto and by reference made a part hereof, is hereby adopted and ordered implemented in accordance with the terms and conditions thereof, and the Personnel Director is authorized to execute said Agreement. Further,the City previously approved a Memorandum of Understanding with the Huntington.Beach Management Employees Organization for 1994 ("MOU"), which has since expired, but which the City is currently honoring at its sole discretion. The MOU contains provisions that revise the Personnel Rules of the City of Huntington Beach in connection with layoffs. To the extent that the attached Agreement is inconsistent with that MOU,then said Agreement is controlling. Further,to the extent that said Agreement is inconsistent with any of the provisions of the Personnel Rules regarding layoffs,then said Agreement shall be controlling. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 day off e p t e in 44996, GCr�� Mayor - .... ATTEST: APPROVED AS TO FORM: / -;- City CIerk C Itorney REVIEWED AND APPROVED: INITI AND APPROVED; xt AdministratorDirector of Administrative Services 5F/s:PCD:Reso1ut:ME0side 7/25/96 RL.S 96-513 Side Letter of Agreement Between the City of Huntington Beach and the Management Employees Organization This is to memorialize an agreement between the City of Huntington Beach and the Management Employees Organization regarding layoff procedures, reduction in lieu of layoff and reemployment rights of unit employees (copy attached). It is the intent of the City of Huntington Beach to apply this rule to all non-safety employees. This agreement is to be incorporated into any future Memorandum of Understanding between the City and the Management Employees Organization. A ociatidli Representative Date City Attorney Date city Date attachment 0019982.01 07/23/96 10:03 AM City/MEA Proposal July 12, 1996 City/MEO Proposal June 11, 1996 RULES GOVERNING LAYOFF, REDUCTION IN LIEU OF LAYOFF AND REEMPLOYMENT PART 1. LAYOFF PROCEDURE Section 1. General Provisions A. Whenever it is necessary because of lack of work or funds to reduce the staff of a City. department, employees may be laid off pursuant to these rules. B. Whenever an employee is to be separated from the competitive service because the tasks assigned are to be eliminated or substantially changed due to management-initiated changes, including but not limited to automation or other technological changes, it is the policy of the City that steps be taken by the Personnel Division on an interdepartmental basis to assist such employee in locating, preparing to qualify for, and being placed in other positions in the competitive service. This shall not be construed as a restriction on the City government in effecting economies or in making organizational or other changes to increase efficiency. C. A department shall reduce staff by identifying which positions within the department are to be eliminated. D. The employee who has the least City-wide service credit in the class within the department shah have City-wide transfer rights in the class pursuant to Part 1., Section 3., Transfer or Reduction to Vacancies in Lieu of Lavoffs, or within the occupational series pursuant to Fart 2., Bumping Rights. E. If a deadline within this procedure falls on a day the City Hall is closed, the deadline shall be the next day City Hall is open. 0018854,01 -1- 07/12/96 4:49 PM Section 2. Service Credit A. Service credit means total time of full-time continuous service within the City at the time the layoff is initiated, including probation, paid leave or military leave. Permanent part-time employees earn service credit on a pro rata basis. B. Except as required by law, leaves of absence without pay shall not eam service credit. C. As between two or more employees who have the same amount of service credit, the employee who has the least amount of service in class shall be deemed to be the least senior employee. Section 3. Transfer or Reduction to Vacancies in Lieu of Layoff A. In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least amount of service credit in the class designated for staff reduction within a department subject to the following: 1. The employee has the necessary qualifications to perform the duties of the position. 2. The employee shall be given the opportunity, in order of service credit, to accept a transfer to a vacant position in the same class within the City, provided the employee has the necessary qualifications to perform the duties of the position. 3. If no position in the same class is vacant, the employee shall be given the opportunity, in order of service credit, to transfer to the position in the same class that is held by an incumbent in another department with the least amount of service credit whose position the employee has the necessary qualifications to perform. B. If an employee(s) is not eligible for transfer within the employee's class, the employee shall be offered, in order of service credit, a reduction to a vacant position in the next lower class within the City in the occupational series in lieu of layoff provided the employee has the necessary,qualifications to perform the duties of the position. C. If the employee refuses to accept a transfer or reduction pursuant to A. or B., above, the employee shall be laid off. 0018854V -2- 07/12/96 4:49 PM D. If the employee(s) in the Gass with the least amount of service credit is in the posibon(s) to be eliminated or displaced by transfer, the employee shall be offered bumping rights, pursuant to Part 2. E. Any employee who takes a reduction to a position in a lower class within the occupational series in lieu of layoff shall be placed on the rein statement/reemployment list(s) pursuant to Part 3., Reemployment, Section 4. Order of Layoff A. Prior to implementing a layoff, vacant positions that are authorized to be filled shall be identified by City-wide occupational series. If the employee refuses to accept a position pursuant to Section 3., above, the employee shall be laid off. B. No promotional probationary employee or permanent employee within a class in the department shall be laid off until all temporary, non-permanent part-time and non promotional probationary employees in the class are laid off. Permanent employees whose positions have been eliminated may exercise City-wide bumping rights to a lower class in the occupational series pursuant to Part 2. C. When a position in a class and/or occupational series is eliminated, any employee in the class who is on authorized leave of absence or is holding a temporary acting position in another class shall be included for determining order of service credit and be subject to these layoff procedures as if the employee was in his or her permanent position. Section 5. Notification of Employees A. The Personnel Division shall give written notice of layoff to the employee by personal service or by sending it by certified mail to the last known mailing address at least fifteen (15) calendar days prior to the effective date of the layoff. Normally notices will be served on employees personally at work. B. Layoff notices may be initially issued to all employees who may be subject to layoff as a result of employees exercising voluntary reduction/bumping rights. 0018854.01 -3- 07/12196 4:49 PM IRFS C. The notice of layoff shall include the reason for the layoff, the effective date of the layoff, the employee's hire date and the employee's service credit ranking. The notice shall also include the employee's right to bump the person in a lower class with the least service credit within the occupational series provided the employee possesses the necessary qualifications to successfully perform the duties in the lower class and the employee has more service credit than the incumbent in the lower class. D. The written layoff notice given to an employee shall include notice that he or she has seven (7) calendar days from the date of personal service, or date of delivery of mail if certified, to notify the Personnel Director in writing if the employee intends to exercise the employee's bumping rights, if any, pursuant to Part 2., Bumping Rights. E. Whenever practicable, any employee with the least amount of service credit in a lower class within an occupational series which is identified for work force reduction shall also be given written notice that such employee may be bumped pursuant to Part 2. This notice shall include the items referred to in C., above. F. If an employee disagrees with the City's computation of service credit or listed date of hire, the employee shall notify the Personnel Director as soon as possible but in no case later than five (5) calendar days after the personal service or certified mail delivery. Disputes regarding date of hire or service credit shall be jointly reviewed by the Personnel Director and the employee and/or the employee's representative as soon as possible, but in no case later than five (5) calendar days from the date the employee notifies the Personnel Director of the dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be notified in writing of the decision. D018854.01 -4- 07112/964:49 PM PART 2. BUMPING RIGHTS Section 1. Voluntary Reduction or Bumping in Lieu of Layoff A. A promotional probationary employee or permanent employee who receives a layoff notice may request a reduction to a position in a lower class within the occupational series provided the,employee possesses the necessary qualifications to perform the duties of the position, B. Employees electing reduction under A. above, shall be reduced to a position authorized to be filled in a lower class within the employee's occupational series. The employee may reduce to a lower class in his/her occupational series by 1) filling a vacancy in that class, or 2) if no vacancy exists, displacing the employee in the class with the least service credit, whose position the employee has the necessary qualifications to perform. A displaced employee shall have bumping rights. C. An employee who receives a layoff notice must exercise bumping rights within seven (7) calendar Mays of receipt of the notice as specified in Part 1. Failure to respond within the time limit shall result in a rebuttable presumption that the employee does not intend to exercise any right of reduction or bumping to a lower class. The employee must carry the burden of proof to show that the employee's failure to respond within the time limits was reasonable. If the employee establishes that failure to respond within the time limit was reasonable, to the Personnel Director's satisfaction, the employee shall be permitted to exercise bumping rights but shall not be reinstated to a paid position until the employee to be bumped has vacated the position. If the employee disagrees with the Personnel Director's decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below. Section 2. Reinstatement/Reemployment Lists Any employee who takes a reduction to a position in a lower class within the occupational series in lieu of layoff shall be placed on the reinstatement/reemployment list pursuant to Part 3., Reemployment. Section 3. Qualifications Appeal 0018854.01 -5- 07/12/96 4:49 PM RCS 9b-��- Any employee who is denied a reduction to a position in a lower class within the occupational series on the basis that the employee does not possess the necessary qualifications to successfully perform the duties of the lower position may appeal the decision. The appeal shall be filed with the Personnel Director within five (5) calendar days of the employee's receipt of written notice of the decision and reason(s) for denial. The employee's appeal shall be in writing and shall include supporting facts or documents supporting the appeal. Section 4. Qualifications Appeal Hearing A. Upon receipt of an appeal, the Personnel Director shall contact a mediator from the California State Mediation and Conciliation Service to schedule a hearing within two (2) weeks after receipt of the appeal. If the Califomia State Mediation and Conciliation Service is not available within that time frame, the parties shall mutually select a person who is available within the time frame. If the California State Mediation and Conciliation Service and the person mutually selected are not available within the time frame, the parties shall select the earliest date either is available to conduct the hearing. The parties shall split the cost, if any, of the hearing officer. In addition, the parties shall meet within three (3)work days to attempt to resolve the dispute. If the dispute remains unresolved, the parties shall endeavor in good faith to submit to the hearing officer a statement of all agreed upon facts relevant to the hearing. $. Appeal hearings shall be limited to two (2) hours, except as otherwise agreed by the parties or directed by the hearing officer. C. The hearing officer shall attempt to resolve the dispute by mutual agreement if possible. If no agreement is reached, the hearing officer shall render a decision at the conclusion of the hearing which shall be final and binding. 0018854.01 -6- 07112/96 4:49 PM PART3. REEMPLOYMENT Section 1. Reemployment A. Employees who are laid off or reduced to avoid layoff shall have their names placed upon a reemployment fist, for each class in the occupational series, in seniority order at or below the level of the class from which laid off or reduced. B. Names of persons placed on the reemployment lists shall remain on the list for two (2) years from the date of layoff or reduction. C. Vacancies shall be filled from the reemployment list for a class, starting at the top of the list, providing that the person meets the necessary qualifications for the position. D. Names of persons are to be removed from the reemployment list for a class if on two,(2) occasions they decline an offer of employment or on two (2) occasions fail to respond to offers of employment in a particular class within five (5) calendar days of receipt of written notice of an offer. Any employee who is dismissed from the City service for cause shell have his or her name removed from all reemployment lists. E. Reemployment lists shall be available to HBMEA and affected employees upon reasonable request. F. Qualifications appeals involving reemployment rights shall be resolved in the same manner as that identified in Part 2., Section 4. Section 2'. Status on Reemployment A. Persons reemployed from layoff within a two (2) year period from the date of layoff shall receive the following considerations and benefits: 1. Service credit held upon layoff shall be restored, but no credit shall be added for the period of layoff. 2. Prior service credit shall be counted toward sick leave and vacation accruals. 3. Employees may cash in sick leave upon layoff or at any time after layoff in the manner and amount set forth in existing Memoranda of Understanding for that O018854.01 -7- 07/12/96 4:49 PM employee's unit Sick leave shall be paid to an employee when the reemployment list(s) expire(s), if not previously paid. 4. Upon reinstatement the employee may have his or her sick leave recredited by repayment to the City the cashed amount Sick leave accumulation of less than 480 hours shall be restored upon reemployment 5. The employee shall be returned to the salary step of the classification held at the time of the layoff and credited with the time previously served at that step prior to being laid off. 6. The probationary status of the employee shall resume if incomplete. B. Employees who have reduced to avoid layoff and are returned within two (2}years to their former class shall be placed at the salary step of the class they held-at the time of reduction and have their merit increase e4igibi4ity date recalculated. 0018854.01 B. 07/12/96 4:49 PM Res. No. 9 6-8 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 16 t h day o f September , 1 g 9 6 , by the following vote: AYES: Councilmembers: Harman , Bauer , Sullivan , Dettloff, Green , Garofalo, Leipzig NOES: Councilmembers: None ABSENT: Councilmembers: None _ City Clerk and ex-officio C rk of the City Council of the City of Huntington Beach,California