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HomeMy WebLinkAboutCity Council - 2003-6 RESOLUTION NO. 2003-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE RULES AND REGULATIONS OF THE PERSONNEL COMMISSION RELATING TO DISCIPLINARY GRIEVANCE APPEAL HEARINGS; REVIEW OF HEARING OFFICER RECOMMENDATIONS ON DISCIPLINARY APPEALS; AND PROCEDURES FOR IMPASSE HEARINGS WHEREAS, Huntington Beach Municipal Code Section 2.72.080 authorizes the Personnel Commission of the City of Huntington Beach("Personnel Commission")to prescribe its own rules and regulations subject to the approval of the City Council; and i The Personnel Commission has previously developed Disciplinary Grievance Appeal Hearing Procedures that set forth the hearing procedures on appeals of disciplinary grievances (a copy of Disciplinary Grievance Appeal Hearing Procedures is attached hereto as Exhibit A and incorporated herein by this reference) and; The Personnel Commission has previously developed Personnel Commission Procedures for Review of Hearing Officer Recommendations that set forth the procedures for the Personnel Commission's review of recommendations from a hearing officer on appeals of disciplinary grievances as provided for in Section 20-6 of the Personnel Rules of the City of Huntington Beach(a copy of Personnel Commission Procedures for Review of Hearing Officer Recommendations is attached hereto as Exhibit B and incorporated herein by this reference) and; The Personnel Commission has previously developed Personnel Commission Procedures for Impasse Hearings that set forth the procedures for the conduct of impasse hearings between the City of Huntington Beach and employee organizations when impasses have been reached in the meet and confer process and the parties have been unable to agree on submitting the impasse to another process such as fact finding, advisory arbitration or mediation(a copy of Personnel Commission Procedures for Impasse Hearings is attached hereto as Exhibit C and incorporated herein by this reference) and; 3 On December 18, 2002,the Personnel Commission moved to submit the following procedures to City Council for approval: 1. Disciplinary Grievance Appeal Hearing Procedures; 2. Personnel Commission Procedures for Review of Hearing Officer Recommendations Regarding Disciplinary Appeals; and 3. Personnel Commission Procedures for Impasse Hearings, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach: G:IRESOLUTN120031Nersonnel Commission Procedures.doc 1l8103 Res. No. 2003-5 SECTION 1. Approves and adopts the Disciplinary Grievance Appeal Hearing Procedures attached hereto as Exhibit A. SECTION 2. Approves and adopts the Personnel Commission Procedures for Review of Hearing Officer Recommendations attached hereto as Exhibit B. SECTION 3. Approves and adopts the Personnel Commission Procedures for Impasse Hearings attached hereto as Exhibit C. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of January 12003. i ATTEST: Connie B ockway, City Clerk By &4u;�j Deputy City C erk Mayor APPROVED AS TO FORM: C City Atto ey REVIEWED, INITIATED AND APPROVED: City Admitfstrator GARESOLUTN\2003Tersonnel Commission Procedures.doc 1/8/03 EXHIBIT A A . >76 . .2oD3-� a DISCIPLINARY GRILEVANACE APPEAL HEARING PROCEDURES Section 20-5 of the Personnel Rules of the City of Huntington Beach provides that upon appealing a disciplinary grievance to the Personnel Commission,the matter is to be referred to a Hearing Officer, who shall conduct a hearing and make a written`recommendation to the Commission. In order to ensure the fair and expeditious processing of the grievance, the parties and the Hearing Officer shall comply with the follovoing hearing procedure on appeals of disciplinary grievances: A. Selection of Hearing Officer l. The parties shall select the Hearing Officer and the time for an appeal hearing tivithin thirty (30) days from the date of the filing'Of the appeal. The parties shall notify the Personnel Commission of these dates. In the event that the parties are unable to mutually agree upon a hearing officer, the party imposing disciplinary action shall provide the Commission-approved list of hearing officers to the grieving party. The parties shall alternately strike names from the list, with the parry initially imposing the discipline striking the first name. The parties shall set the hearing at the earlierst date practicable. In the event the parties fail to select the Hearing.Off cer within the thirty(30) day period,the Chairperson of-the Commission shall, as soon as practicable, select a Dearing Officer from the Cornmission-approved list, and set the place, date and.time for the hearing. B. Hearing Procedures 2. All hearings shall be held in closed session; provided, however,that the hearing shall be open to the public at the employee's request. 3. At least twenty-one (21) days before the hearing, the parties shall meet and confer on a briefing schedule and an exchange of exhibits and witness lists. If the parties cannot agree on these matters, then the Hearing Officer shall be consulted by conference-call and may establish the procedures and schedules:Unless the parties agree otherwise, or the Hearing Officer so orders, no later than seven(7)'days prior to the date set for a hearing, each party shall by notice deliver to the other party and the Hearing Officer their respective lists of witnesses. A party may not use a witness at a hearing for which notice thereof has not been given, except for good cause. 4. No opening brief shall be in excess of 15 pages without leave of the Hearing Officer. I G:sF-96PM:Agl-RL#2 I t 25l97-913 5. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of "supplementing or explaining any direct evidence blrt shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Hearing Officer shall not be invalidated by any informality in the proceedings, and the Hearing Officer shall not be bound by technical rules of evidence. b. The hearing shall be recorded by a certified court reporter. 7. The Hearing Officer shall rule on the admission or exclusion of evidence. S. Each party shall, subject to the provisions of this Procedure, have these rights: To be represented by legal counsel or other person of his or her choice; to call and examine witnesses;to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues;to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him/her. 9. Oral evidence shall be taken only on oath or affirmation under the penalty of pert ury- 10. The hearing shall proceed in the following order, unless the Hearing Officer, for good cause, otherwise directs: a. The party imposing discipline shall be permitted to make an opening statement. b. The employee shall be permitted to make an opening statement, which may be reserved until the presentation of his or her case in chief. C. The party imposing disciplinary action shall present the evidence supporting the discipline. d. The employee shall present evidence in support of his or her appeal. e. In the same order,the parties may offer rebutting evidence. 2 G:SF-96Pers:Apl-RL#2 11R5/97-#13 f. Closing arguments shall be permitted at the discretion of the Hearing Officer. The parry with the burden of proof shall have the right to close the hearing by making the last argument. 11 The Hearing Officer shall determine relevancy,weight, and credibility of. evidence. 12. The City shall identify its exhibits alphabetically. The employee shall identify its exhibits numerically. 13. If a parry, after due notice, fails to appear at a hearing or any continuation of a hearing,the Hearing Officer may proceed with the hearing of the controversy. In such cases, all awards shall be rendered as if each party had entered an appearance at the hearing. 14. During the examination of a witness, all other witnesses, except the parties, shall be excluded.from the hearing upon motion of either party. 15. The Hearing Officer shall at the request of the parties dismiss the appeal. 16. Any settlement of any matter shall be at the election of the parties. 17. No still photographs,moving pictures, or television pictures shall be taken in the hearing chambers during a hearing. 18. The Hearing Officer,prior to or during a hearing,may grant a continuance for any reason he or she believes to be important to its reaching a fair and proper decision. 19. The parties may file post-hearing legal briefs pursuant to a schedule and page limits established by the Hearing Officer. 20. The Hearing Officer shall render his or her report summarizing the evidence, and making findings of fact, conclusions, and recommendations as soon after the conclusion of the hearing as possible, and in no event later than thirty (30) days after concluding the hearing unless otherwise stipulated by the parties. The Hearing Officer shall not be paid until the recommended decision is delivered. 21. The Hearing Officer may recommend the sustaining, modifying or rejecting of any or all of the discipline,provided the Hearing Officer may not impose discipline more harsh than originally unposed by the City. 3 QSF-Wens:Apt-M-42 IIn. 97-p13 C. Definitions 22. As used herein, "notice"and"notify"means a writing that is effective when delivered at the address of the party to whom it is intended as set forth above. 23.. As used herein, "party„ shall mean the City or.employee,.as the case:may be, or if . _represented by another,then that person. 24. _ All time periods set forth herein are measured in calendar days. 25. The laws of the State of California, the Charter of the City of Huntington Beach, and duly adopted resolutions by the City Council of the City of Huntington Beach shall take precedence over this procedure. Approved by the Huntington Beach Personnel Commission on �' '- , 1997 %airperson, thtDeit Secretary, William Osness 4 Cr.SF-96Pers:Api-RL#2 i it IM-4 13 EXHIBIT B Z!�- . - aa3 PERSONNEL COMMISSION PROCEDURES FOR REVIEW OF HEARING OFFICER RECOMMENDATIONS REGARDING DISCIPLINE APPEALS The Huntington Beach Personnel Commission shall observe the following procedures when reviewing recommendations from Hearing Officers on appeals of disciplinary grievances pursuant to Section 20-6 of the Personnel Rules of the City of Huntington Beach: A. ' Procedures 1. The Personnel Director shall place the recommendations of the Hearing Officer on any appeal of discipline on the first Personnel Commission meeting which is fourteen(14) days or more after receipt of the hearing officer's recommendation. No later than fourteen(14) days prior to the date of the Commission meeting,the Personnel Director shall notify each of the parties of the date of the Personnel Commission meeting. Either party may request that the review before the Commission be continued for at least thirty (30) days. The Personnel Director shall grant such continuance one (1) time as a matter of right.Further continuances shall be granted by the Personnel Director upon stipulation of the parties or upon demonstration of good cause by either party. 2. If a party wishes to submit briefs objecting to the Hearing Officer's recommendation, he/she shall so notify the opposing party, and shall request an automatic thirty(30) day extension of the review date. No later than twenty-one (21) days prior to the date of the Personnel Commission meeting, each party may deliver to the Personnel Director and the opposing party a brief in support or in opposition to the Hearing Officer's recommendations. The brief may not be in excess of fifteen (15)pages, except by stipulation between the parties or leave of the Chairperson of the Commission. The brief may include as exhibits portions of the record from the hearing conducted by the Hearing Officer. Such exhibits may include documents fled with the Hearing Officer and excerpts from the transcript of the hearing. No later than seven(7) days prior to the Commission meeting, the parties may serve upon each other and the Commission reply briefs. 3. The Personnel Commission may hear oral argument from the parties in support or opposition to the Hearing Officer's recommendation. Oral arguments shall not exceed fifteen(15)minutes from each party and an additional five (5)minutes of rebuttal. The party opposing the hearing officer's decision will be heard first. 4. All hearings shall be in closed session; provided,however,that the employee may request a hearing open to the public. 1 SF:9&Persnl:PC-#9 4I9711I10J97 5. A party may petition the Commission to accept supplemental evidence The party shall demonstrate that the evidence being offered could not,with the exercise of reasonable diligence,have been produced at the hearing or was improperly excluded from evidence at the hearing. The Commission retains its discretion to schedule a supplemental hearing under Rule 20-6. ; 6. Upon conclusion of the hearing, the Commission shall deliberate in closed session. The Personnel Commission may sustain,reject or modify the recommendation of the Hearing Officer,provided that the Personnel Commission shall not impose discipline more harsh than that originally imposed by the City. Unless the issue has been briefed, the Commission cannot(a)reject or modify the recommended findings of the Hearing Officer, (b) impose discipline where the Hearing Officer has recommended that no disciplinary action is warranted, or(c)increase the discipline recommended by the Hearing Officer without first reviewing in its entirety the complete administrative record, including a transcript of all testimony and all exhibits received in evidence. If the Commission rejects or modifies the recommendations, it shall direct its legal counsel to prepare findings of fact and conclusions of law in support of the Commission's decision. Such findings and conclusions shall be served on the Commission and each-party at least ten(10) days before the next Commission meeting. 'Each-party may serve objections to the findings and conclusions not less than three (3) days before the Commission meeting. B. Definitions 7. The Personnel Commission shall render its decision within thirty(30) days upon the completion of its hearing or the receipt of any additional briefs it may request. 8. As used herein, "serve," "notice," and"notify"means a writing that is effective when delivered at the address of the party to whom it is intended as set forth above. 9. As used herein, "party" shall mean the City or employee, as the case may be, or if represented by another, then that person. 10. All time periods set forth herein are measured in calendar days. 11. All questions of interpretation of this procedure shall be heard by the Personnel Commission. 2 SF.9&Persn1.PC-#9 112M711120/97 12. The laws of the State of California,the Charter of the City of Huntington Beach, and duly adopted resolutions by the City Council of the City of Huntington Beach shall take precedence over this procedure. Approved by the Huntington Beach Personnel Commission on 1997 G 1 Chairp ,Blanche Deight Secretary,William Osness 3 SF.96-PcrsnITC49 1112W9711l20197 EXHIBIT C Z . ., p CITY OF HUNTINGTON BEACH PERSONNEL COMMISSION PROCEDURES FOR IMPASSE HEMUNGS Pursuant to the Employer-Employee Relations Resolution of the City of Huntington Reach,Resolution No. 3335,the Personnel Commission is mandated to conduct impasse hearings between the City and employee organizations when,impasses have been reached in the naeet and confer process and the parties have been unable to agree on submitting the iinnpassc to another process such as fact finding, advisory arbitration or mediation. The purpose of these procedures is to set forth the manner in vt hip the heating shall be conducted before the Personnel Commission in a situation where an impasse comes before Commission pursuant to the Resolution. The intent of these procedures is to permit the parties to present their positions to the Commission in a concise and efficient manner and to allow the Commission to discharge its obligations under the Resolution efficiently and with expediency so that disputes between employer organizations and the City can be resolved as soon as practicable,thus fitrther advancing the interests of all parties in having harmonious employment relations at the City of Huntington Beach. 1. Prehearing fonference. As soon as possible after an impasse has been determined to be within the jurisdiction of the Personnel Commission for resolution,the Personnel Director shall schedule a prehearing conference between the representatives of the employer organization Los"ciza 165063 r t.90999 00001 1 and City with representatives of the Personnel Commission. The Commission representatives may include the Commission chair,the Personnel Director and/or the Commission's legal advisor, or other representative designated by the Conunission. The preheating conference shall be held in a location to be arranged by Personnel Director. The preheating conference shall be held at least two weeks before the Commission meeting at which the impasse hearing shall be first agendized. At the preheating conference the following issues shall be discussed and the parties shall cooperate in good faith in an attempt to reach agreements to the greatest extent possible. a. Issu . The employee organization and City representatives shall make a good faith effort to agree on a stipulated list of issues at which the parties Are at impasse. If the parties are able to agree,a stipulated list of issues shall be prepared in writing and signed by the representatives of both. sides. i. If the parties cannot agree in whole or in part,then each party shall be required to submit its own written statement listing the issues as to which it believes the parties are at impasse. ii. If the parties can agree partially as to the issues,the stipulation to the extent of agreement shall be prepared as called for above. Where there is no agreement,the parties shall be required to submit L*Omgeles 10M v 1.94499.0901 2 d�• their own statement of such additional issues as described above. b. Documents. The parties shall attempt to agzee as to documents. As in the case of issues, to.the greatest extent possible, the parties shall stipulate to documentary exhibits. If there is no agreement, each party shall be allowed to submit documents it believes relevant, subject to objection from the other parry. The parties shall be directed to the hearing with adequate copies of exhibits, tabbed,numbered and placed in binders with a sufficient number of complete sets for each Commissioner,the Personnel Director,the Commission's legal counsel,the witness chair and for the parties' representatives. The binder should begin with an exhibit list followed by the various exhibits with numerical tabs for ready reference during the course of the hearing. The use of"Bates stamp"page numbering shall be encouraged. The goal shall be to minirnilze the loss of time in bookkeeping,fumbling with and passing out papers. C. Witness lists. The parties shall be required to submit a list of witnesses at the prehearing conference. if subpoenas for the attendance of witnesses are required, the party requesting the presence of such witnesses shall so indicate at the prehearing conference and shall make its own arrangements to have subpoenas issued and served. tmOSOce 10963 v 1,99 WOM1 3 d. Time estimate. At the prehearing conference the parties shall provide an estimate of the amount of time each will need to present its case. An effort shall be made to plan for the number of sessions that will be required to complete the hearing. The parties representatives shall bring their calendars to the prehearing conference so that a sufficient number of potential hearing gates can be selected for scheduling with the Commission at the initial session. Subsequent sessions shall be scheduled as soon as possible so that the number of calendars involved can be coordinated. The parties shall be advised that the Commission may, in its prerogative, and within reason,(i)place a limitation on the number of hours each side shall have to present its case, (ii)hold each side to the maximum number of hours allocated,and(iii)curtail each party's presentation once the number of hours allocated has been exhausted, unless good cause appears for allowing the parties additional time to complete its presentation. The parties shall be made aware that Commissioners are volunteers with limited time available to discharge their obligations as Conunissioners, and that efforts which appear directed at prolonging the proceedings for the purpose of delaying resolution will not be tolerated. The Commission reserves the right to schedule hearing sessions and insists on completing the proceedings as soon as practically possible. i�nn�aK ias�a� �.s9.oaooi 4 e. :eSordation. Since it is possible that there will be further review of the matter either before the City Council or in a judicial forum, a discussion shall occur at the prehearing conference as to how and by what method a record will be kept of the hearing,including rnearis of preparing a transcript for the hearing,either through the use of a court reporter or tape recording. The parties shall also discuss allocating the costs of retaiwng a court reporter, if such an option is exercised, equally between the parties. f. Order of presmution. Since it does not appear that in this sort of proceeding either the City or the employee association necessarily has the burden of proof,both sides have the equal burden of persuasion. Accordingly, there is no necessary legal requirement as to which patty shall proceed first, Therefore,a discussion shall occur at the prehearing. conference as to whether the association or City shall proceed first. If the parties cannot agree on the order of presentation,the Commission shall decide on the order of presentation at the initial session of the hearing. 2. initial session of hearing. At the commencement of the initial session of the hearing,the following matters shall be dealt with first: a. Revort on the vrehearing conference. The Commission chair, personnel director, or Commission legal counsel shall report to the Commission on the preheating conference. LosAn`cks WOO v 1.9974 OMI b. Presiding offLe s. A deter a-a nation shall be made by the Commission as to who shall preside at the hearing. Normally the Commission chair shall act as presiding officer. At the discretion of the Commission, another person may be designated to act as presiding officer,such as the Commission's legal counsel, a retained hearing officer or someone else who has not participated in the meet and confer process from which the impasse arises. if the presiding officer is someone other than a Commissioner,that person shall limit his/her functions to calling the hearing to order,ratting on objections(subject to being overridden by majority vote of the Commissioners in attendance),calling upon the parties to proceed with each step of the hearing process, and in other respects acting as would a presiding officer in a hearing or trial. C. Issues. Any written stipulation of issues agreed to by the parties shall be first received. If no stipulation,has been reached, the written statements of issues submitted by each side shall be received. d. Documents. Any documents as to which the parties have agreed shall be placed into the record. The parties shall have come to the hearing with exhibits prepared pursuant to section l(b)of these procedures. e. Witness Fists. The witness lists created as a result of the prehearing LuxMples 163%3 v 6 zf- . _ . 0?403^ d conference shall be received. t Len&jh oft . The proposed length of the hearing shall have bcen discussed as part of the report on the prehearing conference. 'A determination shall be made at the first session of the hearing as to the number of sessions which will be required to conduct the hearing. Subsequent sessions shall be scheduled at this time so that the number of calendars involved can be coordinated. The Commission may,in its prerogative, and within reason,place a limitation on the number of hours each side shall have to present its case. The Commission, again subject to the rule of reason, shall have the prerogative to hold each side to the maximum number of hours allocated,and to curtail each party's presentation once the number of hours allocated has been exhausted, unless good cause appears for allowing the party additional time to complete its presentation. All parties must be aware that Commissioners are volunteers and have limited time available to discharge their obligations as Commissioners. Efforts which appear directed at prolonging the proceeding for the purpose of delaying resolution shall not be tolerated_ The.Commission shall reserve the right to schedule hearing sessions and insist on completing the hearing as soon as practically possible. i.6SAnitlw Ifi596]v i.99)94.0060t g. Record. The Commission shall ensure that a means is in place for malting a record of the hearing,either through the use of a court reporter or tape recording, such that a transcript can be subsequently prepared if necessary. h. Odder gf Presentation. A determination shall be made as to which party shall proceed first in the order of presentation. If the parties have not agreed at the prehearing conference, then the Commission shall decide on the order of presentation_ 3. Hcaring process. The hearing shall be conducted in the rnanner of any nornial administrative proceeding as follows: a. Opening statements; b. Presentation of the case by the first party to proceed,with each witness sworn, examined and subject to cross-examination; C. After the first party has completed its presentation (or"rested"),the second party shall proceed; d. After the second party has rested,rebuttal phases UnAngelti 16S%3 v 1,99999.OMI 8 . . d 003 6 shall be allowed within the discretion of the Commission until both parties have presented all relevant information; e. After the completion of the evidentiary phase, each party shall be allowed the opportunity to present oral and/or written summaries; f. After closing argument,the Corission shall adjourn to closed session to deliberate and render a determination. The only individuals allowed in the room during deliberations other than the Commissioners shall be the Commission's legal counsel. g. After deliberations,and when the Commission bas made its determination,the Commission's legal counsel shall be instructed to prepare a proposed written report pursuant to the Resolution which shall be agendized for consideration and potential adoption at a subsequent meeting of the Commission. The written report shall include the LosAn=eles 10963 v 1,""O.00001 9 Commission's determination for modification of the pertinent memorandum of agreement. 4: C44)t8Ct5 with pa The Commissioners should keep in mind that 1t5 decision is a recommendation to the City Council, The Resolution calls upon the Commission to render a determination,submit a Written recommendation and transmit the recommendation to the City Council. Each Commissioner should also remember that the Resolution calls upon the Commission to render a determination which,if adopted by the City Council,will govern the employment terms and conditions for the employees.represented by the association. Accordingly,each Commissioner must refrain from contact with representatives of either party which could be seen as potentially influencing the Commissioner on behalf of either the City or association. S. Decision. At a subsequent meeting of the Commission where a draft proposed written decision has been agendized for consideration, any further deliberations by the Commission shall be conducted in closed session as part of deliberations. However, the vote to adopt a decision must be taken in the presence of the parties and their representatives. After the Commission has adopted its written decision Commission staff shall be directed formally to transmit the decision to the City Council as called for in the Resolution. LosAngelri��s9�s �.�y99.0000, 10 Res. No. 2003-6 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 an regular meeting thereof held on the 21't day of January 2003 by the following vote: AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: Sullivan ABSTAIN: None Connie Brockway, city Clerk By: Deputy City erk and e Afficio Clerk of the City Council of the City of Huntington Beach, California