HomeMy WebLinkAboutApproval of Personnel Commissin Procedure for Review of Non 2006 MAY 24 PH. 6: 5
CITY CLERK
CiTI Ot
Council/Agency Meeting Held: o get};�i I;IGI* N BU Ctl
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied • Ci erk' Sig re
Council Meeting Date: 6/5/2006 Departmen D Number: ADCS 06-08
CITY OF HUNTINGTON BE i CH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CJY CO NCIL MEMBERS
SUBMITTED BY: PI ELU BRETH-GRA , CIT ADMINISTRATOR
PREPARED BY: ROBERT HALL, DEPUTY CITY ADMI ISTRATOR/CITY SERVICES
<*—
SUBJECT: APPROVAL OF PERSONNEL COMMISSION PROCEDURE FOR
REVIEW OF NON-DISCIPLINARY GRIEVANCES
I
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The Huntington Beach Municipal Co e, Chapter 2, Section 100.100,
provides that a Board or Commission may adopt bylaws an rules as may be necessary or
convenient for the conduct of business, subject to approval of the City Council.
Funding Source: None
Recommended Action: Motion to:
Approve the Personnel Commission Procedure for Review of Non-Disciplinary Grievances as
approved by the Personnel Commission.
Alternative Action(s):
Do not approve the Personnel Commission Procedure -f r Review of Non-Disciplinary
Grievances.
REQUEST FOR COUNCIL ACTION
MEETING DATE: 6/5/2006 DEPARTMENT ID NUMBER: ADCS 06-08
Analysis:
Personnel Rule 19, Grievance Procedure Non-Disciplinary Matters, provides at Step 5b that
the Personnel Commission may agree to review the matter directly in lieu of a hearing
officer. This provision applies to the following Huntington Bel ch bargaining units: 'Municipal
Employees' Association (HBMEA), Management Empooyees' Organization (MEO),
Firefighters' Association (HBFA), Fire Management Association (FMA) and the Marine Safety
Officers' Association (MSOA).
Historically, most City non-disciplinary grievance reviews ha a been submitted to a Hearing
Officer. A non-disciplinary grievance review is currently pending directly with the Personnel
Commission in lieu of a hearing officer. However, there die no procedures in place
governing the Personnel Commission review of Non-Discipli1nary Matter Grievances. At the
direction of the Commission, legal counsel to the Person nel Commission prepared the
attached procedure to be used when reviewing non-disciplinary grievances. The Personnel
Commission,- at its regular scheduled meeting on May 17, 2006, unanimously voted to
approve the procedure and recommended its submission tot e City Council for approval.
Human Resources staff and the City's Attorney Office have reviewed the proposed
procedures and agree with the proposed process. Thes procedures have also been
distributed to all affected Huntington Beach bargaining units for .review and comment. To
date, no objections have been received.
Environmental Status: None
Attachment(s):
Numberg x 1. ciplinary
Personnel Commission Procedure or Review of Non-Dis
., ., Grievances
P:\RCA\RCA 2006\RCA PC Proc for NonDisc Griev 6-5-06.doc-2- 5/22/2006 12:44 PM
ATTACHMENT #1
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PERSONNEL COMMISSION PROCEDURE OR REVIEW OF
NON-DISCIPLINARY GRIEVAN ES
Section 19-5 of the Personnel Rules of the City of Huntington Beach provides a
five step review procedure for the presentation of a non-disciplinary grievance.
The rule provides that any non-disciplinary grievance, hich remains unresolved
after the first four steps may be appealed to the Perso nel Commission for a final
Step 5 review. Rule 19 states that the Commission's Step 5 review is to be a de
novo hearing, meaning that the Commission is to hear all of the relevant factual
evidence and issues from each side, and to then reach its own findings and
conclusions independent of any of the determinations or decisions made at any
of the prior Steps in the grievance process.
Personnel Rule 19-5, Step 5(b) provides that the Ste 5 hearing is generally to
be conducted by a Hearing Officer. However, the procedure has been amended
by collective bargaining' so that all of the City's Memoranda of Understanding
now state that, "In lieu of the hearing officer process, the Personnel Commission
May agree to hear a case directly upon submission of the case by mutual
consent of the parties."
Chair's Discretion Regarding Conduct of the Non-Discii linary Grievance Hearing:
In advance of a scheduled hearing before the Pe sonnel Commission, the
Commission Chair shall review a summary of the nori disciplinary grievance as
submitted by both She Appellant and the City. Each summary shall be submitted
on the attached Personnel Commission summary for within ten (10) days as
requested by the Secretary to the Personnel Commission on behalf of the
Commission Chair and shall include: 1) the date of the grievance; 2) name(s) of
grievant(s); 3) statement of grievance; 4) personnel or department rule(s) or
regulation(s) in dispute; 5) issue(s) to be presented to the Personnel
Commission; and, 6) remedy sought.
Based on the review of the Commission Chair and as ay be consulted by legal
counsel to the Personnel Commission, the Chair shall make the determination in
advance of a scheduled hearing on the following: 1) the need for a pre-hearing
conference and, 2) the order for submission of a writte�n brief by both parties for
the Commission. Such determination shall be communicated to both parties by
the Secretary to the Personnel Commission or his/her designee.
In order to assure the fair and impartial hearing of any on-disciplinary grievance,
the Huntington Beach Personnel Commission shall observe the following
procedures when it sits as the reviewing body at a Step 5 hearing of a non-
disciplinary grievance, in lieu of a hearing officer:
1 Rule 21-13 provides that if any provision of the Rules is inconsi with,or modified by a
provision in a Memorandum of Agreement or Memorandum of Understanding,then the provision as stated
in the Memorandum is given precedent
234120.doe Page I of 7
Adopted Personnel Commission 5/17/06
A. Definition of Non-Disciplinary Grievance: Under ule 19 a non-disciplinary
grievance is a dispute concerning the interpretation or application of any
provision of the City's Employer-Employee Relations Resolution, or any
provision of this resolution, or any departmental rule governing personnel
practices or working conditions, with the exceptio of disciplinary matters or
matters which have become subject to the impas e procedures provided in
the Employer-Employee Relations Resolution (Aut ority: Personnel Rule 19-
2)
B. Right to Representation: Each of the parties to the non-disciplinary grievance
are entitled to representation. Said representative hall assist their respective
party to prepare and present their case to the Commission (Authority:
Personnel Rule 21-1).
C. Reported Hearing: The hearing before the Commis ion shall be reported by a
certified court reporter, unless waived by both the Appellant and the City. The
cost of the court reporter shall be borne equally by the City and the Appellant
(Authority: Personnel Rule 21-8).
D. Authority to Compel Attendance of Witnesses and roduction of Documents:
The Personnel Commission has the power to issue subpoenas to compel the
attendance of witnesses at the hearing of the on-disciplinary grievance,
and/or to compel the production of documentary evidence at said hearing.
The Personnel Commission also has the authority to issue oaths or
affirmations in conjunction with the non-discip inary grievance hearing
(Authority: Personnel Rule 21-9).
E. Pre-hearing Conference and Exchange of Witness and Exhibit Lists: The
Chair of the Personnel Commission shall decide whether a pre-hearing
conference is appropriate. A pre-hearing conference shall be held no later
than fourteen (14) days prior to the hearing. The parties shall exchange
witness and exhibit lists not later than seven days prior to the hearing and
likewise provide a copy of said lists to the Secretary of the Commission.
Absent a showing of good cause, a party may not call a witness at the
hearing (other than as a rebuttal witness) who has not been previously
identified on the offering party's witness list and xchanged with the other
party (Authority: Disciplinary Grievance Procedure -3).
F. Briefing: The Commission reserves the right to or er briefing by the parties.
If either party desires to file a brief there is no prohi ition upon said filing, just
so long as all parties are served. If one party elects to file a brief without prior
order or instruction from the Commission, all oth r parties to the hearing
process shall be given the opportunity to file and serve a brief on the same
issue.
234120.doe Page 2 of 7
Adopted Personnel Commission 5/17/06
G. Closed Session: Hearings shall be held in closed session, unless the law
requires otherwise, however, the grieving employe will be given the option to
request an open hearing (Authority: Disciplinary Grievance Procedure B-2).
H. Hearing Procedures:
1. Rules of Evidence. The hearing is civil, not criminal, and the rules of
evidence shall apply in general terms, however, the strict rules of evidence
shall not be applied.unless mandated by statute, rule or regulation. The
hearing shall be conducted in a manner most conducive to the
determination of truth.
a. Any relevant evidence is admissible if t is the type of evidence
upon which responsible persons are acc �stomed to rely upon in the
conduct of serious affairs, regardless of any common law or
statutory rule which might make the ad fission of such evidence
improper over an objection in a civil action.
b. Relevant evidence is any evidence having a tendency in reason to
prove or disprove a disputed fact which is of consequence in the
determination of the matter, including the credibility of witnesses.
c. Hearsay is admissible only to supplement or explain other
evidence, but is not sufficient in itself to support a finding unless the
hearsay evidence would be admissible over objection in a civil
action.
d. The rules defining evidentiary privileges shall be effective to the
same extent as they are recognized in civil actions.
e. Irrelevant, cumulative and unduly repetitious evidence may be
excluded by the Chair.
f. The Chair of the Commission shall rul on the admissibility or
inadmissibility of evidence, but is not stric,tly bound by the technical
rules of evidence, and may seek the assistance of the legal advisor
in making such rulings.
2. Order of Presentation
The Chair of the Commission shall have the discretion to disallow any
oral presentation and require both parties to submit written statements
in lieu of oral presentations.
a. The Appellant shall first be permitte to make an opening
statement.
234120.doe Page 3 of 7
Adopted Personnel Commission 5/17/06
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b. The Respondent shall then be permitted to make an opening
statement, which may, however, be reserved until presentation of
its case in chief.
c. The Appellant shall then present its ca a in chief as to why the
grievance should be granted. The Respondent shall have the
opportunity to cross examine each I f Appellant's witnesses
immediately after Appellant concludes direct examination of the
witness. The Commission reserves the right to question each
appellant witness following direct and cro s examination.
d. The Respondent shall then present its se in chief as to why the
grievance should be denied. The ppellant shall have the
opportunity to cross examine each of Respondent's witnesses
immediately after Respondent concludess, direct examination of the
witness. The Commission reserves right to question each
Respondent witness following direct and ross examination.
e. The parties may then proceed in the same order as they presented
evidence in their cases in chief if t* elect to offer rebuttal
evidence, and the accompanying cros examination of rebuttal
witnesses. The Commission reserves the right to question each
rebuttal witness following direct and.crossl examination.
f. The Appellant shall then give its closing a gument.
g. The Respondent shall then present its clo ing argument.
h. The Appellant, since he or she has the b rden of proof, is allotted a
short rebuttal argument.
3. Exhibits
a. The Appellant shall identify and mark its exhibits numerically. The
Respondent shall identify and mark its ex ibits alphabetically.
b. When an exhibit is admitted into evide ce by the Chair of the
Personnel Commission sitting as hearing officer, the exhibit will
then be distributed to the Commissioner! Therefore, each party
shall have at least ten (10) copies of eacfh exhibit it seeks to admit
into evidence and present all ten (10) copies to the Secretary upon
admission of the exhibit into evidence (distribution of copies: seven
(7) to Commissioners, 1 to opposing side 1 to legal advisor, and 1
to Secretary of the Personnel Commissi n). The Secretary shall
retain the Commission's original copy, and shall serve as the
Custodian of Records for the hearing.
234120.doc Page 4 of 7
Adopted Personnel Commission 5/17/06
c. The Commission Secretary shall also �eep a log. of all exhibits
which identify the exhibit by name, exhibi-, number or letter, the date
it was identified and the date it was ad r�fitted into evidence. Said
exhibit log shall be kept as part of the record of the hearing.
4. Testimonial Evidence
Oral evidence shall be taken only upon the testimony of witnesses who
have been properly sworn to testify truthfully under penalty of perjury
upon their oath or affirmation.
5. Exclusion of Witnesses
During the examination of any witness, othe witnesses who have not
yet testified shall be excluded from the hearing during the presentation
of either side's evidence, upon the motion of ether party.
6. Burden of Proof
The burden of proof is upon the Appellant to how by a preponderance
of the evidence that the non-disciplinary grievance should be granted.
Failure to prove that there is sufficient evide ce to grant the grievance
shall result in the grievance being denied.
7. Deliberation
After the receipt of all evidence, and the rguments of each of the
parties, the Commission shall retire into e�ecutive session for the
purpose of deliberation, with only Commissioners and the legal advisor
to the Commission present. The Commissio ers shall not discuss the
facts of the case nor deliberate in any marine prior to the conclusion of
the evidentiary portion of the hearing and t e final arguments of the
parties regarding their respective positions.
During deliberation the Commissioners shill discuss the evidence
presented at the hearing, and shall then det rmine the relevancy and
appropriate weight to ascribe to the evidence. The Commissioners
shall also determine the credibility of the witn�sses who testified at the
hearing and the appropriate weight to a ibe to the testimonial
evidence.
During deliberations the Commission shall det rmine whether, in light of
all of the evidence presented, the weight of �he evidence results in a
finding that there is reasonable and sufficient cause to grant the
grievance. If the facts preponderate in favor of a finding that there is
reasonable and sufficient cause to grant he grievance, then the
Commission shall determine that the grievance is granted. If, however,
234120.doe Page 5 of 7
Adopted Persoimel Commission 5/17/06
the factual evidence preponderates in favor f a finding that there is not
sufficient cause to grant the grievance, then the Commission's
conclusion shall be that the grievance is deni d.
8. Announcement of Determination
After the Commission has deliberated and me to its determination,
the Chair shall reconvene the closed session hearing. The Chair shall
then announce the determination of the Commission as either having
granted or denied the grievance. Whereupon the Secretary shall poll
each Commissioner on the record as to whether he or she concurs
with the announced determination of the Commission.
mission.
9. Preparation of the Written Findings
After the Commissioners have been polled, the Chair will then direct
the legal advisor to prepare written findings and conclusions leading to
the Commission's determination of the non-disciplinary grievance, and
a date in the future when the Written Findi gs can be reviewed and
adopted by the Commission.
10. Service of the Written Findings
After adoption of the Written Finding the Secretary to the
Commission shall serve a copy of the findi gs on each of the parties
to the non-disciplinary grievance along with an appropriate notice that
the Commission's determination is the fi al administrative action
which can be taken on this grievance, and that any further redress
must be sought via the appropriate judicial p oceeding.
234120.doc Page 6 of 7
Adopted Penn mel Commission 5/17/06
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City of Huntington Beach
Non-Disciplinary Grievance Summaryl Form
Name(s) of Grievant(s): Date Griev ce Filed:
Department: Position(s):
Statement of Grievance:
Personnel Rule(s) or Regulation(s) in dispute under which this non-disciplinary grievance is based:
Issue(s)to be presented to the Personnel Commission:
Remedy Sought:
Summary Comments
Step One: Informal discussionlimmediate supervisor(optional)
Comments:
Step Two: Formal Procedure/Immediate Supervisor
Comments:
Step Three: Department Head
Comments:
Step Four: City Administrator
Comments:
Representative's Signature: Dat
Note: Attachments are not necessary nor is the summary intended to exc ed this page.
234120.doe Page 7 of 7
Adopted Personnel Commission 5/17/06
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f
RCA ROUTING S E ET
INITIATING DEPARTMENT: ADMINISTRATION
SUBJECT: APPROVAL OF PERSONNEL COMMISSION
PROCEDURE FOR REVIEW OF
NON-DI CIPLINARY GRIEVANCES
COUNCIL MEETING DATE: June 5, 2006
RCA T;AT�TAC�HMENTS ATUS `
m_
,�. tea-
S r
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable ❑
Resolution (w/exhibits & legislative draft.if applicable) Attached ' ❑.
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement(w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable ❑
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable ❑
Fiscal impact Statement (Unbudget, over $5,000) Attached ❑
Not Applicable ❑
Bonds (If applicable) Attached ❑
Not Applicable ❑
Staff Report-(if applicable) Attached ❑
Not Applicable ❑
Commission, Board or Committee Report (If.applicable) Attached
Not Applicable ❑
Findings/Conditions for Approval and/or Denial Attached El
Not Applicable ❑
,: tlbN FOR9 11ISSINdWTIAC T. �..
REVIEWED �.
WK
R TURNED FORWARDED��'•.• ,
Administrative Staff ( )
Assistant City Administrator(Initial) )
City Administrator (Initial) ) ( )
City Clerk )
EXPLANATION FOR RETURN OF ITEM .`, •:
(Below Space For City Clerk's Use •
RCA Author: 1.Youssefieh