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