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HomeMy WebLinkAboutMinutes 1985-09-18Mayor Richard A. Haffey Vice Mayor Roberta Cerri Teglia Counci 1: Mark N. Addiego Emanuele N. Damonte Gus Nicolopulos AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: MINUTES City Council City Council Conference Room City Hal 1 September 18,' 1985 ACTION TAKEN ADJOURNED REGULAR MEETING 7:30 p.m. Mayor Haffey presiding. Council present: Council absent: Nicolopulos, Addiego, Teglia, Damonte and Haffey. None. Personnel Boardmembers present: Riley, Strazzarino, Zertuche, Park and Galeno Personnel Boardmembers absent: None. Mayor Haffey stated that the purpose of the meeting was to discuss items of mutual concern with the Personnel Board. He stated that the Council had just received an Inter-Office Memorandum outlining matters which-the Personnel Board would like to discuss and stated that there should be some time allowed for Council to review the information. Chairman Galeno thanked the Council for giving the Board the opportunity to meet jointly. He spoke in depth of the changes which had taken place within the Board and the Personnel Staff and com- mended Letty Juarez for the fine job she was doing and stated that the Board was grateful to her for her efforts. He stated that the reason for requesting this meeting was to have a general discussion and to let the Council know what the Board had been doing, and seek whatever guidance Council could provide for the Boards future operations. He spoke of the grievances which had been brought to the Board; of the situation where an employee was allowed to attain a permanent status even though he had received unsatisfactory evaluations; and stated that employee moral was down, and could be alleviated by addressing the 9/18/85 Page i AGENDA ACTION TAKEN issue of eligibility lists. Boardmember Strazzarino stated that he had questions of the Council relative to direction they wanted the Board to follow in conjunction with personnel functions, expectations, scope of responsibilities and duties. He asked if it was within the scope of the Board to embark on stu- dies relative to personnel related mat- ters, to discuss the Board's observations and ramifications of matters brought to the Board. He requested that an answer be received from the Council on the Board's Memo of 8/1/85 in order that the Board ascertain if they were moving in the right direction and indicated that the Board would like to address the issues of filling positions in a timely fashion and keeping grievances down; settling things in a fair and equitable manner and stated that the members of the Board were com- mitted to doing a good job. Chairman Galeno, commented on the unique grievances brought before the Board involving members of the Fire Department and stated that perhaps the Fire Department should look into its union leadership. Boardmember Park commented on the good relationship the Board had maintained with the Council and Staff for the past ~ years in which he had served. He stated that he was happy with the new positions in Personnel who would be better qualified to run the office than the pre- sent staff. Boardmember Riley reiterated the con- cerns expressed by Board Member Strazzarino and commented that when first serving on the Board she had felt uncom- fortable due to the lack of information on what was expected of her as a Board Member. Boardmember Zertuche inquired as to what areas Council would like the Board to concentrate on; what is not within the Boards scope to act on; and if Council were interested in receiving com- munications from the Board periodically. She expressed further concern that after listening to a number of grievances, she 9/18/85 Page 2 AGENDA ACTION TAKEN was interested in what practices led to the grievances; that the City was unduly exposed to liability; that an employee was allowed to attain permanent status even though probationary period was unsa- tisfactory and that it took 3 years to terminate after incurring expenses and possibly jeopardizing City employees and fellow citizens. Boardmember Zertuche commented on the fact that grievances go on for a lengthy period of time before being resolved and stated that some grievances could be avoided if personnel rules and regula- tions were carried out. She spoke of an incident involving hiring from an eligibi- lity list after it had expired and raised the question - if eligibility lists should be allowed to expire and stated that she felt this was an issue Council should take a close look at since it contributed to grievances and indicated that a strict rule should be adopted as to when the lists should be allowed to expire. Councilman Nicolopulos stated that he felt the joint meeting would be very product i ve. Councilman Damonte inquired if there were any workshops set up to provide new Board Members and Commissioners with infor- mation on their responsibilities. City Manager Birkelo stated that the City Attorney had met with the new Personnel Board Members to outline their functions, etc. Chairman Galeno spoke of the indoctrina- tion he had received and stated that 3 new members at one time was quite uni- que. He commented on the excellent cooperation the Board had received from various City Departments and Staff. Discussion followed on the duties and obligations of the Personnel Board and information being made available as to what the Boards duties were. 9/18/85 Page 3 AG E N D A A C T I O N T A K E N ~'-~ Mayor Haffey stated that one of the problems was that many of the matters which the Board dealt with are handled by Staff and never ~eached Council. He stated that Council was not involved with the grievance procedure. Vice Mayor Teglia stated that the Personnel Board's memo had expressed con- cern with some of the practices of mana- gement and indicated that this was also a concern of the Council. She commented that the Council had for the past two years been attempting to address this concern in their goals and objectives and that a process had been implemented at the management level to have management submit their goals and objectives to Council and a performance evaluation was done based on those goals and objectives. Management is in the process of imple- menting some review of mid-management. Councilman Addiego commented on the heavy grievances the Board had handled; the need to give direction as far as eligibi- lity lists were concerned; the need to make a decision on the time frame of the eligibility lists; allowing the lists to expire without making appoint- ments, etc. Brief discussion followed on the establishment of the eligibility lists. Boardmember Riley stated that the Personnel Rules and Regulations stated that the Department Head may appointment from the eligibility list. It doesn't say he must, and indicated that there is a flexibility there that warrants consideration. Vice Mayor Teglia stated that this matter should be looked into and that the maN should be changed to must insofar as appointments are made from eligibility lists or a reason should be given why the list was not used. Councilman Damonte stated that the same rules should apply to everyone from the 9/18/85 Page 4 AGENDA ACTION TAKEN Councilman Nicolopulos left: top to the bottom. He stated that it was not required to appoint No. I from the list. Councilman Nicolopulos stepped down from the podium at 8:00 p.m. Vice Mayor Teglia stated that if there was a problem for the Board in Departments not using an eligibility list, then Council would look for a recommendation from the Board that Council address that specific issue and perhaps change that particular rule to strengthen it. Mayor Haffey spoke concerning the role of the Board and indicated that the Members should feel free in the total scope of personnel policies to make recommen- dations to the City Council. Boardmember Park commented on the Rule of 4, and explained that it allowed the Department Heads to interview the top 4 on an eligibility list and to choose the most qualified person for the job. Boardmember Riley commented on the new management in the Fire Department and stated that this was an excellent oppor- tunity to rectify any morale problems that had occurred in the past in that Department. She stated that members of management had been very courteous to the Board, and that all employees need impar- tial representation on the Board. Vice Mayor Teglia commented on the orien- tation the Boardmembers had received and stated that they had received more infor- mation from department heads than any new members had had in the past ten years. She stated that this was an issue the Council had tried to address. She asked if the Boardmembers, as they proceeded in their duties felt that there were spe- cific things in their first weeks or months, some specific types of orien- tation that would have been beneficial would they please let Council know and perhaps there was something which could be implemented to help future Boardmem- 9/18/85 Page 5 AGENDA ACTION TAKEN bers with their needs. Mayor Haffey went through the memo from the City Manager, dated 9/18/85 (said memo is attached and a permanent part of the record of this meeting). Deputy City Manager spoke of apprising the Board of plans for restructuring of the Personnel Department, etc. Boardmember Riley spoke of the resigna- tion of the Personnel Director and Acting Personnel Director. She stated that there had been an interim period when the Board did not know what was going on within the Personnel Department, but indicated that communication had improved. Boardmember Strazzarino stated it would have been good if the plan for the restructuring of the Personnel Department had gone to the Board prior to adoption. Vice Mayor Teglia stated that the Board should feel free at any time to bring their concerns to the attention of the Council, whether as a body or as individuals. Chairman Galeno reiterated his concern with conditions occurring in the Fire Department; the loss of the Personnel Director and Technician. He assured Council that they would be hearing from the Board and stated that the Board appreciated the points Council had made this evening. Councilman Addiego inquired as to where the City was in terms of recruiting the coordinators. Deputy City Manager Lewis stated that the City had received 200 applications and was currently in the process of review- ing the applications. He indicated that interviews would be held within the next 60 days and hopefully appointments would be made within the next 60 to 90 days. 9/18/85 Page 6 CITY OF SOUTH SAN FRANC~CO INTER-OFFICE MEMO NDUM September 18, 1985 D~e TO: SUB.CT: The Honorable City Council JOINT MEETING - COUNCIL/BOARDAGENDA City Manager COPIES TO: The Personnel Board, at its regular meeting last night, discussed subjects that should be covered in your joint meeting this evening. Board members agreed that they would like to know if the City Council has any specific expectations with respect to their area of respon- sibility; or any work program suggestions such as special studies~ They would also be interested in any feedback concerning their activity to date. To facilitate the discussion, I have attached extracts from the City Code related to the Board's organization and responsibilities. Last month, the Board made some recommendations to me based upon their observations and deliberations in three grievance hearings. The Board agreed that, since Council had been made aware of those recommendations, it would be appropriate to have some discussion on them tonight. The recommendations, together with my comments, are as follows: me The City should more clearly define the conditions under which an eligibility list should be allowed to expire while a vacancy exists, and that it be emphasized to all department heads. Comment: Although it is a somewhat rare situation, this will be a subject of discussion between me and the Executive Management group who do have considerable sensitivity to employee morale problems arising out of competition for limited promotional appointments. The time element in the grievance process should definitely be monitored to insure and promote expeditious handling of employee grievances. Comment: Agreed, although the grievance procedure (attached) does establish specific.time frames for processing of grievances, an examination of the chronology of events involved in the Gonzalez and Ming cases indicates that a variety of circumstances can contribute to a delay in resolving some issues. It probably will be desirable to 9/18/85 Page 6a AS/SS 205 (8/84) 5M To: The Honorable City Council Sub: JOINT MEETING - COUNCIL/BOARD AGENDA September 18, 1985 Page 2 examine our process to see if there is some fair way of reducing repetitive-type procedures when the impact of management decisions affect more than one person. e We recommend that close attention be given to probationary report deadlines and performance evaluations to avoid granting permanent status to persons who might otherwise be terminated. Comment: A reminder process will be implemented to avoid such situations. e Are there ways that Staff-Board flow of communication can be improved? Comment: Deputy City Manager Lewis discussed this with the Board at some lehgth at the August meeting. Respectfully submitted, City Manager CWB: ad Attachment 9/18/85 Page 6b CHRONOLOGY ~ GONZALEZ GRIEVANCE AND MING GRIEVANCE DATE ACTION 11/21/84 Firefighter Gonzalez filed grievance. 12/7/84 Fire Union request for postponment to January on Gonzalez hearing due to holidays and Gonzalez' vacation. 1/16/85 City Manager held hearing - continued 14 days to allow for attendance by Fire Chief. 1/30/85 City Manager concluded hearing. 2/7/85 City Manager denies Gonzalez grievance. 2/26/85 Gonzalez submits grievance to Personnel Board. 3/19/85 Personnel Board agreed to schedule hearing for April meeting. 3/27/85 City Manager enters into Settlement Agreement with Firefighter Union and Gonzalez. 3/29/85 City Manager informs Personnel Board of terms of Settlement Agreement and termination of appeal. 4/10/85 Grievance filed by Ray Ming. 4/19/85-4/24/85 City Manager communicates with Ming Attorney. 5/7/85 City Manager meets with Ming. 6/18/85 Ray Ming appeals to Personnel Board. Board decides to defer hearing to July 16, meeting 7/16/85 Board holds hearing on Ming appeal - denies appeal. 8/20/85 Robert Green requests Board hear grievance appeal on terms of Gonzalez Settlement Agreement. 9/17/85 Board agrees on date (9/30/85) to consider appeal. Attorneys asked to present advance arguments. 9/18/85 Page 6c Chapter 3.04 PERSONNEL ADMINISTRATION* Sections: 3.04.010 3.04.020 3.04.030 3.04.040 3.04.050 3.04.060 Adoption of 'personnel system. Personnel officer. Personnel board--Established--Membership-- Meetings--Records. Personnel board--Duties. Right to contract for special service. Appropriation of funds. 3.04.010 Adoption of personnel system. In order to keep in force, as amended, the personnel system presently existing for the city, and to establish and maintain an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; and to provide a reason- able degree of security for qualified employees, the following personnel system is adopted. (Ord. 449 S2, 1960). For the statutory provisions authorizing cities to estab- lish personnel or civil service systems, see Gov. Code S45000, et seq. For provisions regarding investigation of criminal history information pertinent to an appli- cant for city employment, see Ch. 2.76 of this code. 37 (South San Francisco 1/30/78) 9/18/85 · Page 6d 3.04.020--3.04.030 3.04.020 Personnel officer. The city manager shall be ex officio personnel officer. With the approval of the council, the city manager may delegate any of the powers and duties conferred upon him as personnel officer under this chapter and Chapters 3.12 through 3.36 to any other officer or employee of the city, or may recommend that certain powers and duties be performed under contract as hereinafter pro- vided. The city manager as personnel officer shall: A. Attend all meetings of the personnel board and serve as its secretary or, as hereinabove stated, delegate an employee of the city to attend all meetings of the person- nel board and serve as its secretary; B. Administer all the provisions of this chapter, and Chapters 3.12 through 3.36 and of the personnel rules not specifically reserved to..the council or the personnel board; C. Prepare and recommend to the council revisions and amendments to the personnel rules; D. Prepare a position classification plan, including class specifications, and revisions of the plan. The plan and any revisions thereof shall become effective upon approval of the council; EL Prepare a plan Of compensation, and revisions there- of, covering all classifications in the competitive service. The plan and any revisions thereof shall become effective upon approval by the city council; F. Make recommendations as to appointments, promotions, demotions, discharge and any other matters concerning those in the competitive service. (Ord. 449 S3, 1960). 3.04. 030 Personnel board--Established--Membership-- Meetings--Records. A. The personnel board is established, consisting of five members to be appointed by the city council, which board members shall be electors of the city and in sympathy with the merit principles of public employ- ment, except that no person shall be appointed to the board who holds any salaried public office. B. The term of each member of the board shall be four years and until a successor has been appointed and qualified, except that commencing January 1, 1977, the first term shall be two years for board members Nos. 1 and 2, and four years for board members Nos. 3, 4 and 5, as described in this subsection, which description establishes the base dates for future appointments. The council may designate the respec- tive board members presently serving or appointed prior to January 1, 1977, to fill each of the board offices described in this subsection, and until so designated the board members presently serving or appointed prior to January 1, 1977, shall continue in their respective offices unless a successor has been appointed and qualified. I. Board Member No. 1. Two years commencing Janu- ary 1, 1977, and ending December 31, 1978; 2. Board Member No. 2. Two years commencing Janu- ary 1, 1977, and ending December 31, 1978; 38 (South San Francisco 9/18/85 1/84) Pa§e 6e y~,~ 3.04.030 3. -Board Member N°. 3. Four years commencing Janu- ary 1, 1977 and ending December 31, 1980; 4. Board Member No. 4. Four years commencing Janu- ary 1, 1977, and ending December 31, 1980; 5. Board Member No. 5.' Four years commencing ~anu- ary 1, 1977, and ending December 31, 1980. Commencing on January 1, 1977, board members shall be limited to two consecutive terms .... C. Upon a vacancy occurring on the personnel board for any reason, including but not limited to (1) resignation, (2) council declaration of vacancy for a board member's faii- ure to attend four consecutive regular meetings without ex- cuse by the board and [3) removal by majority vote of the council, a successor shall be appointed by the council to fill the unexpired portioD of the term. D.' On the thirtieth day of January of each year, the board shall elect a chairman, chairman pro rem and appoint a secretary and secretary pro tem~ The term of said offices shall be one year. The chairman pro rem and secretary pro rem shall serve in the absence of the chairman and secretary. E. The board shall meet on the third Tuesday of each month at seven-thirty p.ml, in the council conference room, 400 Grand Avenue, South San Francisco, California, except in case of necessity or emergency the chairman or three board members may designate an alternate meeting place within the corporate limits of the city, with legal notice thereof to be given at least twenty-four hours prior to the time of said meeting. If a meeting is set for the regular meeting place of the board, or duly noticed for an alternate meeting place, and because of necessity or emergency the board is required to meet in another place within the corporate limits of the city, then the secretary shall appear at the regular or alternate meeting place, whichever is the case, at the time set for the meeting, and publicly announce the new meeting place and post a notice of same on the door of the regular meeting place. Notices of all meetings, except regular meetings, shall be served on each board member and to each person who has requested notice in writing of such meetings, at least twenty-four hours prior to the time specified for the proposed meeting, and said notices shall comply with Government Code Section 54950, et. seq., also referred to as the Ralph M. Brown Act or Secret Meeting Law. F. If the day designated as a regular, adjourned regu- lar, special or study meeting falls upon a legal holiday, the board shall meet upon the next succeeding day which is not a holiday, unless otherwise ordered by the commission. G. The board members and secretary shall receive the compensation established by the city council pursuant to resolution or ordinance. 39 (South San Francisco 10/81) 9/18/85 Page 6f 3.04.040 H. The city clerk shall establish and maintain a record of the names, addresses, telephone numbers, dates of appoint- ment and dates of' termination of each board member and the names of the chairman, chairman pro tem, and the dates of their election and termination of service in those offices. The clerk shall give the council written notice of the expiration o~ a board men~er~ ~e~ ~ixty days prior thereto. I. A board member shall not be eligible for appointment to a salaried position with the city for a period of two years from and after the date of his termination as a member of the board. (Ord. 924 §l, 1983; Ord. 863 §1, 1981: Ord. 706 §1, 1976: Ord. 631 Sl, 1972: Ord. 537 §1, 1965: Ord. 533 ~1, 1965: Ord. 477 ~l(part), 1962: Ord. 449 ~4, 1960). 3.04.040 Personnel board--Duties. The personnel board shall determine the order of business for the conduct of its meetings, and shall meet ~egularly if so required by the rules, or on call of the chairman or of three members of the board. Three members of the board shall constitute a quorum for the transaction of business. The functions of the board shall be: A. As provided-by this chapter, Chapters 3.12 through 3.36 and by the rules, to hear appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, grievance or alleged violation of this chapter, Chapters 3.12 through 3.36 or the personnel rules, and to certify its findings and recommendations as provided in this chapter and Chapters 3.12 through 3.36; B. In any investigation or hearing conducted by the board, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by taw for failure to appear before the council in response to a subpoena issued by the council. Each member of the personnel board shall have the power to administer oaths to witnesses; C. To publish or post notices of examinations for positions in the competitive service; to receive applications therefor; to conduct and score examinations; to certify to the appointing power a list of all persons eligible for appointment to the appropriate position in the competitive service. The personnel board shall cause the duties imposed upon it by this subsection to be performed by the personnel 39-1 (South San Francisco 9/18/85 1/84) Page 6g 3.04.040 officer or person appointed by the personnel officer to per- form any and all duties imposed upon him; D. When requested by the city council, city manager, employees or their representatives, the personnel board shall hold hearings and make recommendations on matters of personnel policies; 39-2 9/18/85 Page 6h (South San Francisco 1/30/78) 3.04.050--3.04.060 135 E. To act as an advisory board to the city council on matters concerning personnel policies in the city, having authority to study and recommend regarding the policies and to hold open public hearings when general policy recommenda- tions are to be determined. (Ord. 449 §5, 1960). 3.04.050 Right to contract for special service. The council may contract with any qualified person or agency for the performance of such technical service as may be desired in the establishment or operation of the personnel system. The contract'may 'include delegation to the person or agency so retained of all or a part of the.responsibilities and duties imposed in this chapter and Chapters 3.12 through 3.36 upon the personnel officer, including his duties under Section 3.04.040(C), but shall not include the delegation of powers and duties vested in the council or personnel board. (Ord. 449 S23, 1960). 3.04,060 Appropriation of funds. The council shall appropriate such funds as are necessary to carry out the provisions of this chapter and Chapters 3.12 through 3.36. (Ord. 449 S24, 1960). 6/18/85 Page 6i ...... 14.01 RULE 14. DEFINITION' OF GRIEVANCE: GRIEVANCE PROCEDURE a) A grievance is defined as any dispute involving the interpretation, application or alleged violation of: Any provision of a current memorandum of understanding between the City and a recognized employee organization, excluding however, those provisions of the memorandum of understanding which specifically provide that the decision of any City official shall be final. 2. The City's Personnel Ordinance and the Rules where the provision in dispute is within the scope of representation. 3. Disciplinary action taken against permanent employees pursuant'to Rule 13 of these Regulations. Should any dispute concern an agreement, rule or action which prescribes a separate appeal procedure, that dispute shall be excluded from the procedure contained herein. b) As used in this procedure, the term "immediate supervisor" means the individual who assigns, reviews and directs the work of an employee. 14.02 INFORMAL AND FORMAL GRIEVANCES: Step 1 -An employee who has a grievance shall bring it to the attention of his immediate supervisor within five (5) working days of the occurrence of the act which is the basis for the dispute. If the employee and the immediate supervisor is unable to resolve the grievance at this step within five (5) working days of the date the greivance is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance which shall contain the following information: a) The name of the grievant. b) The grievant's department and specific work site. c) The name of the grievant's immediate supervisor. d) A statement of the nature of the grievance including date and place of occurrence. e) The specific provision, policy or procedure alleged to have been violated. f) The remedies sought by the grievant. g) The name of the individual or organization, if any, designated by the grievant to represent him in the processing of the grievance. However, in no event, shall an employee organization other than the one which formally represents the position occupied by the grievant be designated as the grievant's representative. 9/18/85 Page 6j Step 2 - An employee dissatisfied with the decision of the. immediate supervisor in Step l, may submit the grievance in the manner provided above to the department head within five ($) working days from the date of the immediate supervisor's decision. The department head shall refer the grievance through the department's recognized levels of supervision for resolution. The department head, or his designee, shall respond to the grievance in writing within ten {10) working days from the date of its receipt. Step 3 - If the employee is dissatisfied with the decision of the depart- ment head in Step 2, he may submit the grievance, through the department head, to the City Manager within ten (10) working days from receipt of the department head's response. The City Manager, or his designated representative, shall respond to the grievance in writing within ten {10) working days of its receipt. Within this period, the City Manager, at his discretion, may conduct an informal hearing involving the parties to the dispute. Step 4 - If the employee is dissatisfied with the decision of the City Manager, he may submit the grievance to the Personnel Board, through the City Manager. Notice of appeal must be filed in writing by the employee with the City Manager's Office within fifteen (15) working days of receipt of the Manager's decision. The City Manager shall provide written notice of the appeal to each Board member, to the department head and, where applicable, the employee organization involved and to such other parties as he may deem appropriate. To the extent feasible, the Board shall hear the grievance at its next regular meeting following receipt of the appeal, but in no event later than the second regular meeting after the grievance is submitted to it. In cases involving discharge or suspensions in excess of three days, the Personnel Board shall conduct a hearing on the matter within fifteen (15) working days from the date the appeal is filed. The City Manager's Office shall provide advance written notice of the hearing date to all parties involved. All Board hearings on grievance matters shall be conducted in an expeditious manner and need not be conducted according to technical rules relating to evidence and witnesses. The chairperson shall retain final authority to rule on procedural matters or on other points which affect the length and conduct of the hearing. The Personnel Board shall render its decision in writing within thirty (30) working days following the closing of hearings and shall furnish copies of such decision to all parties involved. The Personnel Board may, upon making a finding of necessity, which finding shall be supported by substantial evidence, extend the deadline for rendering its decision for an additional fifteen {15) working days. The majority findings of the Board shall be binding except in instances where they entail capital expenditures or significant unbudgeted expenditures, In those cases, the ruling shall be submitted to the City Council for action which may include modification or reversal. 9/18/85 Page 6k -35- 14.03 GENERAL CONDITIONS: a) Any time limit set forth in 14.02 above, may be extended by written agreement between the City and the grievant orthe recognized employee organization representing him. b) Failure on the part of the grievant or his designated representative to comply with the time limits of this procedure or any extensions thereto shall constitute a withdrawal of the grievance without further recourse to resubmittal under this procedure. Failure on the part of the City to comply with prescribed time limits or extensions shall result in the grievance being moved to the next step of the procedure. c) The grievant shall be entitled to have a representative to his own choosing {except as provided in 14.02) present at any grievance meeting with the City,I d) The City Manager's Office shail serve as the central repository for all .grievance records. 9/1 /85 Page' 61 -36- AGENDA ACTION TAKEN Mayor Halley stated that he would appre- ciate it if the Board would take time to consider and reflect upon the recommen- dations made in the City Manager's Memo of 9/18/85 if the Board agreed with the recommendations or would prefer a dif- ferent course of action. City Manager Birkelo stated that the Board could at any point in time make recommendations. He stated that the con- cerns expressed by the Board relating to the personnel rules and regulations would be addressed and that the representatives of the employees would be involved as well as the Council with the process. Discussion followed on the appropriate- ness of the expiration time of eligibi- lity lists; that an appointment cannot be made unless it is off of a list; that a vacancy does not always have to be filled; promotional lists, etc. Boardmember Strazzarino stated that perhaps studies could be done which would include input from staff and management, and then the Board could make recommend- ations as the result of the studies. Vice Mayor Teglia stated that the prior operation of the Personnel Department had been preoccupied with negotiations, with the restructuring of other needs of the employees which dealt with training, assistance and other employee matters could be addressed. Boardmember Strazzarino stated that the Board might be able to address matters relative to training, morale and certain practices if the format of the meetings was changed. Mayor Haffey explained that there was no reason the format for the meetings could not be changed, as long as the matters required were taken care of and that there was no reason the Board could not add items to the Agenda. Discussion followed concerning the requirements of the Brown Act and 9/18/85 Page 7 AGENDA ACTION TAKEN RECESS: RECALL TO ORDER: CLOSED SESSION RECALL TO ORDER: CLOSED SESSION RECALL TO ORDER: ADJOURNMENT Chairman Galeno stated that he had the authority to set a time limit on the meetings. Vice Mayor Teglia suggested that perhaps subcommittees could be established within the Board to address certain issues and this way more information could be gathered and then presented to the Board at their meetings. Mayor Haffey declared a recess at 8:30 p.m. Mayor Haffey recalled the meeting to order at 8:34 p.m., all Council and Personnel Board present. The City Council and Personnel Board adjourned to a joint Closed Session at 8:34 p.m. pursuant to Government Code Section 54956.9(b)(1) to discuss pot- ential litigation. Mayor Haffey recalled the meeting to order at 9:34 p.m., all Council and Personnel Board present, no action taken. Council adjourned to a Closed Session at 9:35 p.m. to discuss litigation re: Government Code Section 54956.9 (A), case of Fuller, Fong & Guenther vs. City and Government Code Section 54956.9 (B) (1) and 54956.9 (C). Mayor Haffey recalled the meeting to order at 9:50 p.m., all Council present, no action taken. M/S Damonte/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment 9:51 p.m. 9/18/85 Page 8 AGENDA ACTION TAKEN ~. RESPECTFULLY SUBMITTED, APPROVED: ~bara A.'Battaya, Ci~y~le~~<~ Richard A.HalleY,san '~sc~o City of South San Francisco City of South Fr~ The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 9/18/85 Page 9