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Home My WebLink About2002-03-27 e-packetSPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE MARCH 27, 2002 6:30 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 27th day of March, 2002, at 6:30 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda 4. Interview applicants for the Housing Authority and Conference Center Authority Discussion and AppointmenffReappointments to Housing Authority and Conference Center Authority Closed Session - Pursuant to Govemment Code Section 54956.9(a) Existing Litigation: Aetna Realty v. City of South San Francisco and Pursuant to Government Code Section 54957.6 conference with Labor Negotiator Wilson on Executive Management labor negotiations 7. Adjoumment erk City of South San Francisco Inter-Office Memorandum DATE: March 27, 2002 TIME: 6:30 P.M. TO: Honorable Mayor and City Council Members FROM: City Clerk SUBJECT: CITY COUNCIL SPECIAL MEETING - INTERVIEWS FOR HOUSING AUTHORITY AND CONFERENCE CENTER AUTHORITY Council is requested to consider the following: 1) Reappointment to the Housing Authority Commission (4-year term) · Applicant for reappointment: Alfred Salogga 2) Appointment to vacancy on the Housing Authority Commission/Tenant Commissioner (2- year term) · Applicants for appointment: Nancy Britt Efrain Roman 3) Appointment to vacancy on the Conference Center Authority · Applicant for appointment: Mr. Jim McGuire 4) Reappointments to the Conference Center Authority · Applicants for reappointment: Laurie Masetti Fil daCunha Michael Palmer Time Schedule for Interviews: 6:30 p.m. 6:40 p.m. 6:50 p.m. Mr. Alfred Salogga, Housing Authority (4 year term) Ms. Nancy Britt, Housing Authority/Tenant Commissioner (2 year term) Mr. Jim McGuire, Conference Center Authority (3 year term) Note: Attached is a copy of Council's newly revised interview questions. Page I of 2 Subject: Date: City Council Special Meeting Center Authority March 27, 2002 Interviews for Housing Authority and Conference · HOUSING AUTHORITY BACKGROUND INFORMATION Housing Authority - 4 year term: Commissioner Salogga has requested reappointment to the Housing Authority (letter attached). He was first appointed to the Authority to fill a vacancy on March 8, 1995, and then appointed to his first full term April 4, 1998 - March 31, 2002. Motion to confirm the reappointment is required; term expiring March 31, 2006. Housing Authority/Tenant Commissioner - 2 year term: Two applications were received for the Housing Authority/Tenant Commissioner vacancy (two-year term). Ms. Britt has been serving as a volunteer/non-member since April 1999, and is therefore eligible to apply for the Commission at this time. Mr. Efrain Roman indicated an interest in serving as a Housing Authority/Tenant Commissioner during his interview of December 12, 2001 and has previously served as a Tenant Commissioner. A ballot is enclosed for Council's vote. Motion to confirm the appointment is required; term expiring March 31, 2004. · CONFERENCE CENTER AUTHORITY Please refer to a separate report prepared by Conference Center Director O'Toole. Motion to confirm the appointment and reappointments are required; terms expiring March 27, 2005. City Clerk Enc: 1) Applications 2) Council Questions 3) Voting ballot for Housing Authority/Tenant Commissioner (2 year term) Page 2 of 2 AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM MARCH 27, 2002 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your guggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Chair may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. EUGENE R. MULLIN Chairman PEDRO GONZALEZ Vice Chair RAYMOND L. GREEN Boardmember BEVERLY BONALANZA FORD Investment Officer MICHAEL A. WILSON Executive Director JOSEPH A. FERNEKES Boardmember KARYL MATSUMOTO Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of the March 13, 2002 regular meeting 2. Motion to confirm expense claims of March 27, 2002 ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AGENDA MARCH 27, 2002 PAGE 2 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM MARCH 27, 2002 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Mayor may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. PEDRO GONZALEZ Mayor Pro Tem EUGENE R. MULLIN Mayor JOSEPH A. FERNEKES Councilman RAYMOND L. GREEN Councilman KARYL MATSUMOTO Councilwoman BEVERLY BONALANZA FORD City Treasurer SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATION · Certification of Recognition to Mr. Merv Harris AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports CONSENT CALENDAR 1. Motion to approve the minutes of the March 7, 2002 special meeting and March 13, 2002 regular meeting 2. Motion to confirm expense claims of March 27, 2002 3. Resolution authorizing acceptance of grant funds form the Human Services Agency of San Mateo County in the amount of $130,000 for the Community Learning Center Westborough Extension 4. Resolution approving a fund balance transfer of $27,000 to the Conference Center Operating Budget for the hotel development/partnership analysis in conjunction with the potential Conference Center development 5. Resolution approving amendment to employment agreement between City Manager and City of South San Francisco 6. Resolution opposing AB 680, Reallocating Sales Tax and State Revenues ADMINISTRATIVE BUSINESS 7. Resolution awarding contract to Bay Construction Company for the Orange Memorial Park Sculpture Garden Project in an amount not to exceed $393,238.50 8. Resolution approving revised City of South San Francisco Personnel Rules and Regulations ADJOURNMENT REGULAR CITY COUNCIL MEETING MARCH 27, 2002 AGENDA PAGE 2 StaffReport DATE: TO: FROM: SUBJECT: March 27, 2002 Honorable Mayor and City Council Director of Community Outreach, Library Director and Director of Parks, Recreation and Maintenance Services RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE HUMAN SERVICES AGENCY OF SAN MATEO COUNTY IN THE AMOUNT OF $130,000 FOR THE COMMUNITY LEARNING CENTER WESTBOROUGH EXTENSION AND AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2001-2002. RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the acceptance of grant funds from the Human Services Agency of San Mateo County in the amount of $130,000 for the Community Learning Center Westborough Extension and amend the Capital Improvement Budget for fiscal year 2001-2002. BACKGROUND/DISCUSSION The Community Leaming Center (CLC) was founded in 1999 in response to the educational needs of South San Francisco's multi-cultural residents, and has served over 3,500 adults and children since opening under the administration of the South San Francisco Public Library. The CLC provides homework assistance to elementary school students, English language classes and a variety of programs to support parents working with their children for educational success. In addition, the Parks, Recreation and Maintenance Services Department provides regular kindergarten readiness classes at the CLC. To better meet the needs of our greater community, the City is developing a CLC extension in the Westborough neighborhood. The CLC extension will operate out of the Westborough Park Building and will provide skills enhancement to help children in grades three through five complete homework and succeed in school. Activities will focus on reading, writing and math skill development with the use of computers, educational games and group projects. The Parks and Recreation Department will relocate and expand the preschool program currently housed at the Westborough Park Building to new portable classrooms adjacent to the building, which will provide space for an additional 25-30 full-day preschool slots. Staff Report Subject: Page 2 Resolution authorizing the Acceptance of Grant Funding in the amount of $130,000 from Human Services Agency of San Mateo County. FUNDING The Human Services Agency of San Mateo County is providing one-time grant funding in the amount of $130,000 for Learning Center and childcare furnishing, materials and equipment costs. This funding will be appropriated to Capital Improvement Project # 0227. By: . Heather Quinn Director of Community Outreach Valerie Sommer Library Director j~Barry Nagel (~ Director of Parks, Recreation and Maintenance Services Appr°ved: M~mhae~A..Is~on City Manager Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE HUMAN SERVICES AGENCY OF SAN MATEO COUNTY IN THE AMOUNT OF $130,000 FOR THE COMMUNITY LEARNING CENTER \VESTBOROUGH EXTENSION AND AMENDING THE I ,IBRARY DEPARTMENT'S OPERATING BI 5D(;IP, T ( NO. 02-10) WHEREAS, staffrecommends the acceptance of a grant funds from the Human Services of San Mateo County in the amount of $130,000 for the Community Learning Center Westborough Extension and amending the Library Department's Operating Budget (No. 02-10). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of grant funds from the Human Services Agency of San Mateo County in the amount of $130,000 for the Community Learning Center Westborough Extension and amends the 2001-2002 Operating budget (No. 02-10) to add $130,000 to the Library budget. * * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the _ day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: \file cabinet\Current Reso's\3-2 71ibrarygrant.,d oc ATTEST: City Clerk StaffReport DATE March 27, 2002 TO Honorable Mayor and City Council FROM Conference Center Executive Director SUBJECT Appropriation of $27,000 to the Conference Center Authority FY 2001-2002 Operations Budget RECOMMENDATION The Conference Center Authority recommends that the City Council appropriate $27,000 to the Operations Budget from the Undesignated Fund Balance to fund professional services to study headquarter hotel development related a new/expanded conference/convention center. BACKGROUND/DISCUSSION In the South San Francisco Convention Facility Development Options Feasibility Study which was presented to the City Council and the Conference Center Authority in October, 2001, Convention, Sports & Leisure International (CSL) indicated there was qualified demand for either an expanded conference center or a new convention center. However, it was noted by the consultants that development of a headquarter hotel would be critical to the center's success. As the Conference Center Authority continues its study of this project, the Authority wants to explore headquarter hotel development/partnership options as it relates to the conference/convention center. Of particularly interest is the possibility of private funds being available for this project from a hotel developer. Mike Cahill, President of Hospitality Real Estate Counselors (H REC), participated in our feasibility study and was involved in the presentation made to the Council and Authority in October, 2001. He and his firm are knowledgeable of this project and can provide these services on our behalf. His proposal is enclosed. Maximum cost is $27,000; $22,000 for fees and $5,000 for expenses. The Authority approved entering into an agreement with HREC at its meeting on March 7, 2002. As the FY 2001-2002 budget does not provide for this expenditure, an appropriation from the Undesignated Fund Balance of $574,322 is necessary. This appropriation requires the Council's approval. If I may provide the Council with any additional information about this recommendation, plea~,let me know. Executive Director Enclosure: Resolution Proposal DRAFT 3/27/2002 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A BUDGET APPROPRIATION OF $27,000 FROM THE CONFERENCE CENTER UNDESIGNATED FUND BALANCE TO THE FY 2001-2002 OPERATIONS BUDGET TO FUND PROFESSIONAL SERVICES TO STUDY HEADQUARTER HOTEL DEVELOPMENT RELATED TO A NEW/EXPANDED CONFERENCE/CONVENTION CENTER WHEREAS, the City Council, on June 27, 2001, approved the budget identified as the "Conference Center Fiscal Year 2001-2002 Budget" in the amount of $3,290,000 in revenue and $2,770,561 in expenditures and the budget identified as the "Conference Center Fiscal Year 2001-2002 Capital Improvement Budget" in the amount of $198,650 in capital expenditures; and WHEREAS, the Conference Center undesignated fund balance is $574,322; and WHEREAS, the Conference Center Authority, on March 7, 2002, approved making a request to the City Council to appropriate $27,000 to the operations budget from the undesignated fund balance to fund professional services to study headquarter hotel development related to a new/expanded conference/convention center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. The appropriation of $27,000 to the South San Francisco Conference Center Fiscal Year 2001-2002 operations budget from the South San Francisco Conference Center undesignated fund balance to fund professional services to study headquarter hotel development related to a new/expanded conference/convention center is hereby approved by the City Council. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk HREC HOSPFrALITY REAL ESTATE COUNSELORS~ ]NC. February 27, 2002 Ms. Sandra O'Toole General Manager South San Francisco Conference Center 255 South Airport Boulevard South San Francisco, CA 94080 Proposal for Consulting and Advisory Services Proposed Convention Hotel South San Francisco, California Dear Ms. O'Toole: In accordance with your request, we are pleased to submit this proposal for the services of Hospitality Real Estate Counsel°m, Inc. ("HREC"). It is Our understanding that the project to be analyzed is a proposed headquarters hotel in South San Francisco, California to be developed in conjunction with a new convention center. Currently, the intended site for development of both the hotel and convention center is Oyster Point. This proposal letter sets forth the terms and conditions for this engagement. The South San Francisco Conference Center will be referenced herein as "~lient" and/or "SSFCC", Purpose of the Assignment The propose of the engagement is to determine the economic viability of developing a convention center hotel in conjunction with a new convention center in South San Francisco. The engagement will also assess whether any public incentives are required for successful private sector development of the hotel. We will be uzing the conclusions, findings and recommendations prepared by Conventions Sports & Leisure (CS&L) as a basis for our research. Moreover, we will be utilizing the general market research and analyses we completed previously on yom behalf as a base and updating the research to reflect recent events. SCOPE OF SERVICES: Feas~ility and Potential Subsidy Analysis A de~ailed analysis of existing corrlpetitive hotels will be compiled and examined on a local and regional level. Particular emphasis will be placed on existing first-class, full- service hotels that contain significant amounts of meeting space. Specializt, in the Lodging and Gaming Industries 15444 South Quebec, Suite 212, Englewood, CO 80111 303-267-0057, Fax 303-267-0105 HREC 2 II III V VII VrlI HOSPITALITY REAL ESTATE COUNSELORS, INC. A similar analysis will be completed for proposed, potentially competitive hotel projects of simila~ type and scope. The research data collected on the existing and proposed hotels will include the following information (wh~e available and applicable): · Name of property, location and brand affiliation; · Number of room and amenitieatscrvices; · Amount of meeting space w/th detail on individual room capacities; · Estimated annual occupancy and average rom rate levels; · Estimated market segmentation with an emphasis on group capture; · /%ge attributes and potential economic and fuact/onal obsolesce,nee factors; · Competitive strengths and weaknesses. Wc will develop a thorough understanding of the dynamics of the greater South San Francisco hotel m~rket and relate this to the market potential for a new hotel to serve the meeting space needs of the trade area. Our analysis will include selective management interviews with existing lodging competitors in the market. Based on the results of our research, we will quant/fy and analyze historic and anticipated full,re trends for the defined South San Francisco hotel market with particular emphasis on trends directly correlating to the proposed hotel and convention center project. The analysis will include a detailed market segmentation analysis. Based on our fieldwork and analysis, we will develop preliminary facilities recommendations for a convention center hotel that will accommodate the needs Cf the market while maximizing the potcmtial economic feasibility of the proposed hotel. The list of recommended facilities will include number of guestrooms, number and size of meeting rooms, nature and extent of food & beverage se~wice, ammity package and set,See levels. Our conclusions will be based on both the facilities of similar successful convention hotel properties and will take into account the specific market characteristics of South San Francisco. Using our fieldwork and recomm~ded hotel facility profile, an estimate of future demand levels and supply of hotel rooms for the competitive market area will be prepared. Our supply/demand analysis will include factors for unaccommodated demand and induced demand. The analysis will result in a f~recast of future areawide occupancy levels for our defined competitive set of hotels. I-IKEC will then prepare a market penetration analysis for the subject property which will be completed on a per market segment basis. The results will include a forecast of the future rnarlmt performance of the proposed convention hotel including estimates of annual occupancy levels and average room rates for a five year period of operation, beginning on the proposed opening date. ITREC will develop a forecast of income a~d expense suitable for valuation purposes. The forecast will be based on our hotel development facility recommendations and an analysis of comlyarable hotel operating histories. The forecast will be prepared in HREC 3 X HOSPITALITY I~EAL ESTATE COUNSELORS, INC. accordance with the Uniform System of Accounts for the Lodging Industry, Ninth Revised Edition. This forecast of cash flow will then be converted into an estimated prospective economic, going-concern value through use of the income capitalization approach. The projected hotel development costs will then be compared to its respective economic value to judg~ both the economic feasibility of the project and the need for public subsidy. Financing Analysis/Financing G~: As part of Phase One, we will use our national hotel experience with similar convention projects as a base to develop a detailed overview of the current: · Availability of senior debt and equity; Analysis betwee~ construction costs and income potential; · Analysis of reasonable rates of return requirements for both private debt and equity. We will complete of survey of major hotel lenders, investment bankers and equity players as part of this phase. Our survey will also include an analysis ofrecmtly completed convention hotel projects and the methods used and magnitude of subsidies by both public and private entities to successfully finance these developments. Our conclusions and findings will be summarized in a written report which will be prepared in conformance with the Standards of Professional Practice of thc Appraisal Institute. Ktrnada Inn Site Analysis At your option, HREC is also available to examine the economic viability of developing a convention center hotel on the Ramada Inn site that is located adjacent to the existing conference center. The hotel analysis on the Ramada Inn site will focus primarily on the assumption that the existing center is expanded over portions of the Ramada site under scenarios dictated by the CS&L study and that a nc~w hotel is developed in conjunction with the expansion. Timing Based on our current scheduling~ we anticipate that the scope of services described in this proposal can bo completed within 25 to 35 days of your execution of this agreement, receipt of the retainer check and receipt of the requested information. The addition of the Ramada Inn analysis will add 7 days to the aforementioned timing. We will provide you with draf~ copy of the written study for your review prior to finalizing the report. Professional Fees The professional fee for completion of the feasibihty analysis and written report will be $18,000, payable $10,000 upon execution of this proposal and $8,000 upon your receipt of our draft HREC HOSPIT.~LIT¥ REAL ]~STATE COUNSELORS, INC. written report. The additional fee for analyzing alternatives on the Ramada Inn site will be $4,000, payable $2,000 upon your request and $2,000 upon submission of the written report. Three final copies of the written report will be submitted to you once all of our fees and expenses are paid in full. Our invoices will be due and payable upon receipt. If, at any time during the course of the engagement, the decision is made to suspend or terminate the engagement, only professional fees and expenses incurred to date will be billed. Out-of-Pocket and Travel Expenses In addition to professional fees, you agree to reimburse us for out-of-pocket and 1ravel expenses incurred while preparing this analysis on your behalf. In addition, you agree to reLmburse us for the actual cost of obtaining industry data specific to this engagement from outside sources such as Smith Travel Research, the Lodging Research Network and the Hotel Brokers International. You will be billed periodically for these expenses and these invoices will be due and payable upon receipt. Late Payments If full payment for outstanding invoices is not received within 35 days of the date of our invoice, HREC reserves the right to charge interest on the outstanding balance of money owed. The interest rate charged will be the current prime bank lending rate plus 500 basis points, per annum, calculated on a daily basis. You also agree to reimburse HKEC for legal fees and collection costs should action be required to collect money owecL Terms and Conditions If the scope of this engagement changes or any material fact changes after completion of the fieldwork phase oftbe analysis, then we reserve the fight to charge an additional fee to incorporate these revisions into our analysis. The fee will be based on the additional time requirements .and out current per diem professional fee schedule. We also reserve the right to alter the timing set forth in this proposal based on the changes. It is agreed that the conclusions, opinions and recommendations rendered during the course of this engagement are from employees of Hospitality Real Estate Counselors, Inc., a Colorado corporation. It is understood that the staff of Hospitality Rekl Estate Counselors, Inc. are acting solely as employees and not as individuals. Furthermore, the liability of Hospitality Real Estate Counselors, Inv., its employees and other people/entities associated with th.is engagement is limited to the amount of the fee paid as liquidated damages. In no event shall Hospitality Real Estate Counselors, Inc. bc liable for consequential, special, incidental or punitive loss, damage or expense (including without limitation, lost profits, opportunity costs, etc.) even if it has been advised of their possible existence. Use of this study by outside third parties is solely at the risk of such parties. It is HREC s HOSPITALITY REAL ESTATE COUNSELOR$~ ][NC, further agreed that any legal disputes resulting from this engagement will be governed by the regulations of the State of Colorado. We are not required to give testimony or attendance in court by reason of this engagement. Should we ever provide expert testimony services, this additional service may be provided after we agree to such an assignment. The professiona~ fees for providing expert testimony services will be payable in advance and billed at our per diem rate structure in place at such time. Certain assumptions and limiting conditions will be incorporated into and will become an integral part of our study. Hospitality Real Estate Counselors, Inc. reserves the right to alter, modify, add or delete additional assumptions for this engagement at its reasonable discretion. This proposal is also subject to our s~nclard assumptions and limiting conditions, a copy of which will be made available to you upon your request. Thc scope of our study does not include consideration of zoning, legal, environmental or construction cost factors, as these must be addressed by experts in each area of concern. Neither our report, nor its contents, nor any of our work product is to be referred to or quoted, m whole or in part, in any registration statement, prospectus, public filing, sales and marketing brochure, loan documents, or any other agreements or documents, without our prior review of the form and context in which it will appear and our prior written consent. We may choose to withhold our consent or we may require the additional work be performed at additional fees before agreeing to provide our consent. Furthermore, neither our report, nor its contents, nor any of our work product can be used for any other purpose other than expressly stated in our report. As is customary in assignments of this nature, there may be differences between projected and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. All projections will be based on certain assumptions. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur. Therefore, actual results achieved may vary from those described and the variations may- be material. We will have no responsibility to update our report for events and circumstances occurring after the date of our fieldwork and analysis. HREC 6 HOSPITALITY REAL ESTATE COUNSELORS~ INC. Your signing of this agreement and retainer check in the amount of $10,000 signifies that you agree to retain the services of Hospitality Keal Estate Counselors, Inc. for the assig'nment ' described in th/s proposal and th,st this proposal correctly states the nature ~nd scope of the engagemeut. This proposal will remain valid until March 15, 2002. Please return tl~s executed agreement to us and retain a copy for your fi]es, We appreciate the opportunity of submitting th~s proposal to you and look forward to working with you on this engagement. Please contact me should you l~ve any questions. Sincerely, HOSPITALITY REAL ESTATE COUNSELORS, INC. Michael Cahill, MAI, CHA Presi~nt Agreed to ~nd Accepted: SOUTH SAN FI~d~CI$CO CONFERENCE CENTER By: (signature) Name: (print n~me) Title: Date: { Staff Xeport DATE: TO: FROM: SUBJECT: March 27, 2002 The Honorable Mayor and City Council Steven T. Mattas, City Attorney City Manager Employment Agreement RECOMMENDATION: It is recommended that the City Council approve the attached resolution approving the Amendment No. 8 to the employment agreement between Michael A. Wilson and the City of South San Francisco. DISCUSSION: The City Council has requested that I prepare an amendment to the employment agreement with Michael A. Wilson to extend the term of his existing employment agreement and to adjust his compensation. The attached contract amendment includes these modifications, f The amended contract extends the term of Mr. Wilson's employment agreement beyond the current expiration date of January 23, 2003 to January 23, 2004. The amendment also increases Mr. Wilson's total compensation by $1,086 per month. The salary adjustment will be effective as of January 24, 2002. The proposed compensation increase is consistent with the City's recently initiated practice of compensating management employees at the 75th percentile of the City's standard comparison cities. The amended contract also provides that Mr. Wilson may participate in a supplemental PARS retirement program, with the funding of such benefits during Mr. Wilson's tenure with the City being deducted from Mr. Wilson's salary. There are no other changes to Mr. Wilson's contract. Steven T. Mattas, City Attorney F:\wpdWlnrsw\405\001 \StaflRptX2001WlarchXsubcommittee 3-27-02.doc RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AMENDMENT NO. 8 TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MICHAEL A. WILSON WHEREAS, on December 14, 1994, the City of South San Francisco and Michael A. Wilson entered into an Employment Agreement related to the positions of City Manager and Redevelopment Agency Executive Director; and, WHEREAS, said Employment Agreement was revised by Amendment No. 1 approved by the City Council on December 13, 1995; and, WHEREAS, said Employment Agreement was further revised by Amendment No. 2, approved by the City Council on May 22, 1996; and, WHEREAS, said Employment Agreement was further revised by Amendment No. 3, approved by the City Council on November 27, 1996; and, WHEREAS, said Employment Agreement was further revised by Amendment No. 4, approved by the City Council on March 11, 1998; and, WHEREAS, said Employment Agreement was further revised by Amendment No. 5, approved by the City Council on March, 1999; and, WHEREAS, said Employment Agreement was further revised by Amendment No. 6, approved by the City Council on April 12, 2000; and, WHEREAS, said Employment Agreement was further revised by Amendment No. 7, approved by the City Council on March 28, 2001, and, WHEREAS, the parties hereto desire to further amend the Employment Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that Amendment No. 8 to the Employment Agreement, attached hereto as Exhibit A and dated March 27, 2002, is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute Amendment No. 8 on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the ~ day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk F:\wpdWlnrswX405\001XRESOX2002\Wilson Reso 3-27-02.doc 2 AMENDMENT NO. 8 TO THE EMPLOYMENT AGREEMENT BETWEEN MICHAEL A. WILSON AND THE CITY OF SOUTH SAN FRANCISCO DATED DECEMBER 14, 1994 RECITALS WHEREAS, on December 14, 1994, the City of South San Francisco and Michael A. Wilson entered into an Employment Agreement related to the positions of City Manager and Redevelopment Agency Executive Director; and WHEREAS, said Employment Agreement was revised by Amendment No. 1 dated December 13, 1995, Amendment No. 2 dated May 22, 1996, Amendment No. 3 dated November 27, 1996, Amendment No. 4 dated March 11, 1998; Amendment No. 5, dated March 1999; Amendment No. 6, dated April 12, 2000; and Amendment No. 7, dated March 28, 2001. WHEREAS, the parties desire to further amend the Agreement to extend the term of the Agreement and to increase the base salary amount. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2(A) is hereby amended to read as follows: 1. The term of this Agreement shall be from January 23, 2002 through January 22, 2004. WILSON agrees to remain in the exclusive employ of the CITY until the termination date set forth herein, and neither to accept other employment nor to become employed by any other employer until said termination date. 2. Section 3(A), subdivision 1 is hereby amended to read as follows: A(1) CITY agrees to pay WILSON for his services rendered pursuant hereto, an annual salary of One Hundred Seventy Eight Thousand Eight Hundred Ninety Six Dollars ($178,896) payable in installments at the same time other employees of the City are paid. Said increase in salary, as set forth in Section 2 above, shall be effective as of January 23, 2002. CITY shall also implement and provide to WILSON a retirement benefit consistent with the following criteria: a. The program shall be a PARS "0.5% at age 55 Stackable Supplement for Total City and Prior CALPERS Service" benefit as shown in Attachment A hereto. b. The vesting period for the benefit amount shall be between six and eight years of City of South San Francisco service as an employee, with credit for service calculated in the following manner: 1. For every three years of employment prior to January 23, 2002 with the City, WILSON shall receive one year of service credit towards vesting up to a maximum of five years of vested service. These five years of vested service shall result in a retirement benefit of 0.25 percent for Total City and Prior CALPERS Service. 2. For prospective service, beginning as of January 24, 2002, WILSON shall receive one year of vesting service credit for each full year of employment with the City of South San Francisco. For each full year of vesting service credit earned pursuant to this subparagraph (2) WILSON shall receive an additional 0.0833 percent for Total City and Prior CALPERS Service. For any portion of a full year in years 2 and 3 of the prospective vesting period, WILSON shall receive proportionate credits for each full month of employment during the 12 month time periods between January 24, 2003 and January 23, 2004 and between January 24, 2004 and January 23, 2005. (Under this formula, WILSON shall be fully vested at the 0.5 percent retirement benefit as of January 23, 2005. 3. To receive the benefit of this program, WILSON must be employed by the CITY through at least January 23, 2003. In the event WILSON's employment with the CITY terminates prior to January 23, 2003, WILSON shall be entitled to receive the amount of funds he paid between January 24, 2002 through January 23, 2003 for the benefit as taxable income. WILSON shall only be entitled to receive the retirement benefit provided herein if he elects to enroll in the PARS Supplement Program set forth herein within thirty (30) after it is established by the City and if he agrees to pay from his compensation set forth in Section 3A of the Employment Agreement the annual cost to the City to fund the benefit for WILSON as determined by PARS during the term of WILSON's employment with the CITY. The parties agree that the estimated costs, as established by PARS, for the time period January 24, 2002 through January 23, 2002 is 2 o All other terms of the December 14, 1994 Employment Agreement, as amended by Amendments No. 1, 2, 3, 4, 5, 6, and 7 shall remain in full force and effect. Mayor and Chairperson City of South San Francisco/Redevelopment Agency of South San Francisco Michael A. Wilson ATTEST: City Clerk APPROVED AS TO FORM: City Attorney F:\wpdWlnrsw\405\001 ~AGREE~2002XMarch\wilson agt 3°21-02.doc 3 MRR 22 2002 15:OG FR MEYERS NRUE 510 35! 4543 TO 1G50829GG09 P.02 City of South San Francisco o.s~ i~ 55 Stackabte Supp(ement for Totat City and Prior CaLOERS Service L~abiLi~ Individual Benefit Catcutation~ Locat aisc Execute A~amt 5 Year Ve~ting November 12, 2001 Name ~ala~y Ale C~ey CaLD EIL~ Ta~AL Service, Se~ce 17.~5 10,91 28.8/J EXHIBIT Pa]L~ S~ie PARS {HPV) Year. 2~at~3 Supplemental Total L~S~m ** TOTRL PRGE.O~ ** Staff Report Date: March 27, 2002 To~ Honorable Mayor and City Council From: Director of Finance 'Subject: APPROVAL OF RESOLUTION OPPOSING AB 680 (Steinberg) RECOMMENDATION: It is recommended that the City Council approve the attached Resolution opposing AB 680 (Steinberg), which would reallocate the way Sales Tax is distributed in the furore. At this point the legislation only impacts Sacramento County, but it sets a dangerous precedent for future changes to the Sales Tax Distribution Formula on a statewide basis. This Bill will take away local control and flexibility, therefore staff recommends opposing the legislation. BACKGROUND AND DISCUSSION: Currently, State law allocates 1% of taxable sales to the jurisdiction within California where the sale was made. This formula has been in place for decades, and Sales Tax, which is the City of South San Francisco's largest revenue source, generates around $13 - $14 million annually for' the City. Last year, State Assemblymember Darrell Steinberg of Sacramento introduced AB 680 in the State Legislature, co-sponsored by the City of Sacramento and Sacramento County. It changes the formula of distributing the future growth in Sales Tax Revenue in Sacramento County from the current method, which is a sims/point of sale method to a new distribution based on a formula. This year, AB 680 was amended so that the Bill's formula was changed. It now redistributes the growth portion of the 1% City share of Sales Tax Revenue in the following manner: 1/3 based on sims/point of sale, 1/3 based on population, and 1/3 based on "regional needs" including affordable housing, social services, infill development and purchase of open space. To: Honorable Mayor and City Council Sub.: RESOLUTION OPPOSING AB 680 March 27, 2002 Page 2 Concerns About AB 680 Staffhas several concerns about AB 680, which we believe demonstrate the need for the City of South San Francisco to support the League of California Cities in opposing the Bill. They include: Reallocation of Sales Tax Revenue - With the loss of Property Tax Revenues to the State through the ERAF process, the City's 1% share of Sales Tax Revenues is our largest and most important revenue source. It is vitally important for the Council to protect Sales Tax Revenue as a fully local and discretionary revenue source if we are to respond to the requests and interests of South San Francisco residents. HdL, a well-known sales tax consulting firm in California, did an analysis recently that showed the potential impact to cities in San Mateo County if AB 680 were adopted statewide. The analysis took the growth that each city had experienced in Sales Tax over the past 10 years and showed how cities would have fared if AB 680 had been in place. South San Francisco showed essentially no change in Sales Tax under this analysis, assuming it had met the housing requirements stated in AB 680. By contrast, the HdL analysis showed huge losses in cities that had substantial Sales Tax growth over the past 10 years in excess of their population growth. For example, several other San Mateo County cities, such as San Mateo, Menlo Park, and Redwood City had sizeable growth over the past decade in corporate headquarters that also serve as points of sale for computing, software and other products. For example, Menlo Park added a corporate headquarters for Sun Microsystems over the past decade, and Redwood City added Oracle, both of which generate large amounts of Sales Tax for those communities. While South San Francisco also added Sales Tax generating businesses over the past decade, with Costco being one notable addition, much of our business expansion has been in the bio-tech area, which generate very little Sales Tax, because they do not sell taxable items. Nevertheless, despite the indication of the analysis that the past ten years would not have generated much of a change for South San Francisco under AB 680, it is still troubling that the State is considering changing the long-held Sales Tax allocation process. Broader Application of AB 680 - While AB 680 only covers the cities and counties in the Sacramento County region at this time, we have often seen such State laws rapidly expanded to cover the balance of the State. AB 680 sets a bad precedent and should be opposed. Preference for State Funds for Other Cities and Counties - We are also troubled by the provisions in the bill that grant "bonuses and priorities" for several State sources of transportation, infrastructure and library funding to cities and counties in the Sacramento Region at the expense of cities and counties in other parts of the State - including the City of South San Francisco. Honorable Mayor and City Council Sub.: RESOLUTION OPPOSING AB 680 March 27, 2002 Page 3 Punishing Smaller Communities and Cities that are already substantially built out- Thc population portion of the formula in AB 680 punishes smaller communities such as South San Francisco that have a mixed land use of both business and housing. Our view is that a healthy community provides a variety of business, commercial, retail and housing land usage, yet AB 680 awards fully 1/3 of thc growth in future Sales Tax Revenues solely on the basis of population. This will result in a substantial loss of Sales Tax Revenue to smaller or to already built-out communities - even when their pattern of development is both appropriate and logical. A Better' Approach - In staff's view, there are better approaches to achieve the stated goals of this Bill. In particular, the State should stop shifting and taking existing City sources of revenue and instead cap and return the ERAF portion of the City Property Tax Revenue. This would recognize the value of housing in a community and would return a balance in City funding. PrePared by: ~ Fifiance Director Approved by: M~icha~el A2f. ilso~n City Manager Attachment: Resolution RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DECLARING THE CITY COUNCIL'S OPPOSITION TO ASSEMBLY BILL 680 - REALLOCATING SALES TAX REVENUES WHEREAS, Assembly Bill 680 (AB 680), a bill intended to affect the allocation of sales tax and property tax revenue in the greater Sacramento region, is currently under consideration in the State Assembly; and WHEREAS, the 1% City share of Sales Tax revenues is the largest and most important source of General Fund revenues to the City of South San Francisco; and WHEREAS, AB 680 represents an unprecedented reallocation of the city share of Sales Tax funds by the State of California; and WHEREAS, we have often seen State laws such as AB 680 rapidly expanded to cover the cities in the balance of the State; and WHEREAS, we are troubled about the provisions of AB 680 that would grant "bonuses and priorities" for several State sources of transportation, infrastructure and library funding to cities and counties in the Sacramento Region at the expense of cities and counties in all other parts of the state - including the City of South San Francisco; and WHEREAS, the population portion of the formula in AB 680 punishes smaller communities that have a mixed land use of both business and housing by reducing their share of future growth in Sales Tax revenue of existing business development in their community; and WHEREAS, we feel that there are better approaches to achieve the stated goals of this legislation, such as the capping and return of the ERAF portion of City property tax revenues. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of South San Francisco opposes AB 680. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk J:\wpdLMnrsw\405\001XRESOLResolution Opposing AB 680_032102.doc .. 7 StaffReport DATE: TO: FROM: SUBJECT: March 27, 2002 Honorable Mayor and City Council Director of Parks, Recreation and Maintenance Services Adopt a Resolution Awarding a Construction Contract for the Orange Memorial Park Sculpture Garden Project No. 51-13232-0019 (PR-99~7), Bid No. 2305 RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a construction contract for the Orange Memorial Park Sculpture Garden to Bay Construction Company in an amount not to exceed $393,238.50 and amending the 2001-2002 Capital Improvement Program to include an additional $113,239 for the completion of this project. BACKGROUND/DISCUSSION Several months ago, with Council's concurrence, the Cultural Arts Commission initiated the creation of a sculpture garden in Orange Memorial Park adjacent to the tennis and bocce courts. Landscape Architects Callander Associates were retained to design the garden and prepare construction documents. As a result, new walkways, lighting, benches, landscaping, irrigation, ornamental metal perimeter fencing, and exhibit space for at least twelve (12) sculptures will be provided. On February 13, 2002, the City Council approved the purchase of the central sculpture for the garden entitled "Safe Haven". At the time of this writing, the Cultural Arts Commission is considering options for acquiring additional pieces over time, as well as the possibility of a "loan" program for some temporary installations. A tabulation of the bids received on March 5, 2002, for construction of the sculpture garden is outlined on the following page. RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE ORANGE MEMORIAL PARK SCULPTURE GARDEN TO BAY CONSTRUCTION COMPANY IN AN AMOUNT NOT TO EXCEED $393,238.50 AND AMENDING THE 2001-2002 CAPITAL IMPROVEMENT PROGRAM (NO. 02-11) TO INCLUDE AN ADDITIONAL $113,239 FOR THE COMPLETION OF THIS PROIECT WHEREAS, the City desires to award the construction contract to the lowest responsible bidder, Bay Construction Company for the Orange Memorial Park Sculpture Garden project; and WHEREAS, the 2001-2002 Capital Improvement Program currently includes in-lieu park fees totaling $350,000 for the garden project; and WHEREAS if approved, an additional $113,239 will be required to complete the entire project and will be provided through additional in-lieu fees from Zone IV. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract for the Orange Memorial Park Sculpture Garden to Bay Construction Company in an amount not to exceed $393,238.50 and amends the 2001-2002 Capital Improvement Program (No. 02-11 ) to include an additional $113,239 for the completion of this project. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the _ day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: F:\file cabinet\CurrentReso's\3-27orange.memorial.sculpture.res.doc City Clerk Staff Report DATE: TO: FROM: SUBJECT: March 27, 2002 Honorable Mayor and City Council Jennifer A. Bower, Director of Human Resources Resolution Approving Revisions to the City of South San Francisco's Personnel Rules and Regulations RECOMMENDATION Request that the City Council adopt a resolution approving revisions to the City's Personnel Rules and Regulations. BACKGROUND Attached are the final revisions to the Personnel Rules and Regulations that incorporate the agreed- upon changes based on direction given by the City Council along with a revision and review process agreed-upon by each of the bargaining units. The Personnel Rules and Regulations Needed to Be Updated: Today's work environment requires that the Personnel Rules and Regulations to be flexible to adapt to changing laws, technology, and people. In late 1996, our consultant studied the Human Resources Department functions, including the Personnel Rules and Regulations. The findings indicated that the Personnel Rules and Regulations caused a void between the actions the Human Resources Department staff were required to take and the actions necessary to have a dynamic, service-oriented workforce. There was a conflict with the current issues and the outdated Personnel Rules and Regulations. As Human Resources needs to be a business partner in delivering value to the Community, the Rules as written created a bureaucracy, rather than a service orientation. In order to bring about changes to provide service orientation, which is so necessary in a business partnership, the Personnel Rules and Regulations needed to be up-to-date and contemporary so that the City can move forward in doing its work. A revisions of the Personnel Rules and Regulations was recommended with the goals of: Permitting flexibility in conducting the work of the City. · Providing for expediency in filling jobs. · Meeting the needs of each candidate to move quickly through the process. · Addressing the needs of the Department to expeditiously get the type and quality of employees to do the job. · Allowing for professional judgment. JAB-03/22/02 FSFile Cabinet\City Council~Misc Staff ReportsXPR&R Reso2.doc Staff Report Subject: Page 2 (Revisions to the Personnel Rules and Regulations) Purpose of the Rules: City Council Resolution established them in 1959 before collective bargaining, and the purpose is still relevant today. It is to: · Facilitate efficient and economical services to the public. · Provide for a fair and equitable system of personnel management. · Attract to municipal service the best and most competent persons available. · Ensure that promotions and appointments to positions are based on merit and fitness. · Provide a reasonable degree of security for employees. The scope of the Personnel Board's responsibilities as outlined in the City's ordinance is to: · Provide advisory direction on policy issues. · Hear appeals to disciplinary actions. · Oversee the equitable treatment of applicants, candidates, and employees. Direction Given by Council: Council supported a review and update of the Personnel Rules and Regulations. Two basic premises were a part of the proposed structure: the Personnel Board would continue and City staff would work together with the bargaining groups to develop these revisions. Specific direction given by Council for change to the Personnel Rules and Regulations was to: · Update and revise the Rules involving all levels of City government and each bargaining unit. · Modify the Rules, including the actions required by the Personnel Board to specifically: · Review of revisions to class descriptions. · Hear and rule on appeals to the recruitment and examination process. · Hear and rule on disciplinary actions (that reach this level). Process Used In Revising the Personnel Rules and Regulations: To ensure that each level in the City was involved and that each bargaining unit had a voice in the process, a committee was established that also included _a..1.!._l__e_v_..e!.s....o._f_..e_..m__p_l..o.y.._e._e_s_:___..C_o.~ttee me_m_b_ e__r.s_...w..e_.r_e_..'_ .......... [Job Title Name ...............,_U_..n.i..t._..R.e_i?__.r.e_s..e_.n..t..ed i Maintenance Services Supervisor (was a Park [._Mainten anc_e_ -w..-~r..k..e-r.~.a..t.~.t)..~m.~.e.~.~...f~..c~.~..~-t.t.e..e.~.~s~..w...~-r..k.) D a vi d V e_n_t.u_n_'. _n_i_ ......... _..A~. _..S_..C._~ .............. Secretary Pat Watkins (who [ ................................................................................................ , has sinc__e_..r_.e..t_i_.r__e_.d__)_ ....... _.C.._o_nfidential/"['...e__a_..m_s__t_e_.r._s____ i Fire Apparat.u_s_E_..n_g_i__n..e..e_r_ ................................................... .A_I Silva ...........~ ...................................... 'Sergeant (was a corporal at time of committee's [ work Mike Brosnan Police Association i Captain (was a Lieutenant at time of committee's [ work) Mike Gu~helmom Pubhc Safety Managers JAB-3/22/2002 F:'ff:ile Cabinet\City CounciruMisc Staff Reports\PR&R Reso2.doc Staff Report Subject: Page 3 (Revisions to the Personnel Rules and Regulations) Deputy Director of Maintenance Services (was then a Superintendent at the time of the committee's ~ Terry White i Mid-management ___w__..o_r__k_.). .......................................................................................... ......................................... , .................................................. Personnel Analyst ~ Sylvia Portillo } Mid-managem._e__n__t_ ............. Assistant Plant Electrician [ Dale Howard i Ot~erating Engineers .................. man Resources ................................ Jennifer Bower i Executive Management Director of Hu ~ ................ .~ ................................................... Prior to the committee beginning, the Personnel Board was apprised of the process and asked for their input. Board members were Gloria Taormina, Eloise Kee, Dick Noftsger, Carl Rowlands, and Jim Olson, all of whom were highly supportive of the need for a change, as they understood the necessity for significant modification to the Rules. The committee met periodically over a period of time. It gathered data from other public agencies about their best practices and reviewed other City's Personnel Rules and Regulations. It then analyzed what would fit for the City of South San Francisco. A consensus was reached on each change. A draft document was transmitted to City Attorney' s staff for review and to the Personnel Board' s legal advisor. The Committee was apprised of City Attorney's recommended changes, and made further modifications, as necessary. The Personnel Board was provided input during the process, and they supported the suggested changes. After the draft revisions were completed, each bargaining unit was offered the opportunity to meet and confer to discuss the proposed changes, should they so desire. At the conclusion of the committee's work, the only Union wanting to meet and confer on the Personnel Rules and Regulations was AFSCME. This process took a significant period of time. The other unions were also offered an opportunity to meet and confer on the changes agreed upon between the City and AFSCME. No bargaining group requested to meet. Next Steps For the Personnel Rules and Regulations Revisions: Once the City Council approves the recommended modifications, the Personnel Board will be provided with a final update, and all bargaining units will be so notified. Training will be held as appropriate to ensure understanding of the changes and the revised Personnel Rules and Regulations will be published and distributed. Finally, the Municipal Code will be reviewed to determine if any adjustments are necessary to ensure compliance with the proposed modifications. The Modifications: Basically, the Personnel Rules and Regulations format looks the same, with the same general number of Rules and same general content areas. Subjects that overlapped or conflicted with Memorandas of Understanding or Compensation Plans were eliminated or clarified, as necessary. While the Personnel Rules and Regulations look the same and cover the same content areas, significant modification was made in the words used to ensure that they met the legal JAB-3/22/2002 FAFile Cabiaet\City CouncilXMisc Staff Reports'xPR&R Reso2.doc Staff Report Subject: Page 4 (Revisions to the Personnel Rules and Regulations) requirements of today. A red-lined document showing all the changes would be difficult to produce, if not impossible to read, given the considerable amount of rewording that took place. Some of the changes in the revised Personnel Rules and Regulations were to: · Allow for unexpected and unanticipated changes. · Expand definitions. · Clarify powers of the City Manager and Personnel Board. · Introduce flexible staffing language. · Streamline announcement process. · Increase the reasons for disqualification. · Expand and clarify examination process. · Define when examinations can be retaken. · Address when errors in the process occur. Expand on the merging of lists, abolishing lists, and removing candidates from lists. · Clarify the re-employment list process. · Expand reasons for discipline. Each rule had some changes; all have considerable rewording of each section. Rule 1 Purpose - defines the purpose more clearly. The definitions at the beginning of the document have been moved to the back of the file and completely revised. Rule 2 General Provisions - adds in powers of the City Manager, standards of conduct, exceptions to the Personnel Rules and Regulations; severability, and new laws. Rule 3 Personnel Board - addresses the Personnel Board, when it meets, public heatings, quorum, minutes, etc. Rule 4 Classification and Pay Plan - this area mostly covers those items generally in MOUs or Compensation Plans, and is reworded for clarity and legal compliance. It also addresses flexible staffing, a concept the City has been using for some time. Rule 5 Hours of Work, Overtime, and Premium Pay - this area mostly covers those items generally in MOUs or Compensation Plans, and is reworded for clarity and legal compliance. Rule 6 Leaves - this area mostly covers those items generally in MOUs or Compensation Plans, and is reworded for clarity and legal compliance. Rule 7 Employment Announcements and Applications - provides for flexibility in application forms, advertising, accepting or disqualifying candidates, limiting or expanding the applicant pool, targeted recruitments, and noticing of candidates. Rule 8 Employment Examinations - provides for flexibility, creativity, and professional expertise; allowing for a variety of testing components; rater numbers; non-traditional career paths are explicitly noted; examination scoring; linking of testing components; candidate confidentiality; retaking exams; review of exam materials; and errors in the examination process. JAB-3/22/2002 F:',File Cabinet\City Councir~Misc Staff Reports'ff'R&R Reso2.doc Staff Report Subject: (Revisions to the Personnel Rules and Regulations) Page 5 Rule 9 Employment Lists - provides for flexibility; addressing placement on lists; errors on lists; and closed/promotional selections. Rule 10 Employment Appointments - No significant changes. Rule 11 Probationary Period - this area mostly covers those items generally in MOUs or Compensation Plans, and is reworded for clarity and legal compliance. Rule 12 Personnel Actions - Non-disciplinary - this area mostly covers those items generally in MOUs or Compensation Plans, and is reworded for clarity and legal compliance. Rule 13 Disciplinary Action - expands the reason for discipline. Rule 14 Grievance Procedure - mostly covers those items that are generally found in MOUs or Compensation Plans, but does provide language and procedures for those agreements that do not have grievance articles. Rule 15 Training and Safety. No significant changes. Rule 16 Reports and Records. No significant changes. Rule 17 Miscellaneous Provisions - this area mostly covers those items generally not found in MOUs or Compensation Plans, and is reworded for clarity and legal compliance. Appendix Definitions - provides for expanded list of definitions that add clarify to the Personnel Rules and Regulations. By: Dir~Ttor of Human Resources City Manager Attachments ~ Revised Personnel Rules and Regulations JAB-3/22/2002 F:~ile Cabinet\City CouncilWlisc Staff Reports',PR&R Reso2.doc RESOLUTION NO. __ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO A RESOLUTION APPROVING AMENDMENTS TO THE PERSONNEL RULES AND REGULATIONS WHEREAS, the Director of Human Resources in consultation with the Personnel Board and employee organizations has prepared amendments to the City's Personnel Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council does hereby approve the amended Personnel Rules and Regulations as set forth in Exhibit "A" hereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk J:\WPDWlnrsw\405\001LRESOL2002~Personnel Rules Resolution South ~ersonnel ~ules and ~egulations Revised December 2001 Published by the Human Resources Department Mailing Address City of South San Francisco Human Resources P.O. Box 711 South San Francisco CA 94080 website www.ssf, net Street Address City of South San Francisco Human Resources First Floor 400 Grand Avenue South San Francisco CA 94083 650/877-8522 Phone 650/829-6698 Fax 650/829-6699 Job Line 1.00 1.01 1.02 1.02 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 3.00 3.01 3.02 3.03 3.04 3.05 3.06 4.00 4.01 4.02 4.03 4.04 4.05 Purpose ............................................................................................ Purpose ............................................................................................ Department-specific Rules .............................................................. Succession ....................................................................................... General Provisions ........................................................................... Powers of the City Manager ............................................................ Standards of Conduct ...................................................................... Fair Employment ............................................................................. Classified Service Application: Exceptions .................................... Violation of Rules ........................................................................... Amendment and Revision of Rules ................................................. Severability ...................................................................................... New Laws ........................................................................................ Personnel Board ............................................................................... Personnel Board Definition ............................................................. Meetings .......................................................................................... Public Hearings ............................................................................... A. Hearings for Disciplinary Appeals ........................................... B. Hearings for Other Classified Service Matters ......................... Quorum ............................................................................................ Officers ............................................................................................ Minutes ............................................................................................ Classification and Pay Plan ............................................................. Personnel Officer Responsibility ..................................................... Classification and Compensation Pay Plan ..................................... A. Classification Title ................................................................... B. Classification Specifications .................................................... C. Salary Schedule ........................................................................ Flexible Staffing .............................................................................. A. Determining Flexibly Staffed Positions ................................... B. Filling Flexibly Staffed Positions ............................................. C. Approving Flexibly Staffed Appointments .............................. D. Flexibly Staffed Promotions ..................................................... E. Completion of Probation .......................................................... Reclassifications .............................................................................. Maintenance of Plan ........................................................................ A. New or Revised Positions ........................................................ B. Final Determination .................................................................. iii 1 6/01 1 6/01 1 6/01 1 6/01 2 6/01 2 6/01 2 6/01 2 6/01 2 6/01 2 6/01 3 6/01 3 6/01 3 6/01 4 6/01 4 6/01 4 6/01 4 6/01 4 6/01 4 6/01 4 6/01 4 6/01 5 6/01 6 6/01 6 6/01 6 6/01 6 6/01 6 6/01 6 6/01 7 6/01 7 6/01 7 6/01 7 6/01 7 6/01 7 6/01 7 6/01 7 6/01 7 6/01 8 6/01 Personnel Rules and Regulations Page iv 4.06 5.00 5.01 5.02 5.03 5.04 5.05 6.00 6.01 6.02 6.03 Salary AdministratiOn' ..................................................................... A. Step Appointment ..................................................................... B. Salary at Promotion .................................................................. C. Salary Advancement ................................................................. D. Salary on Re-employment and Reinstatement ......................... E. Pay Anniversary Date ............................................................... 8 F. Adjustments for Unpaid Leave of Absences ............................ 8 Hours of Work, Overtime, and Premium Pay ................................. 9 Hours of Work ................................................................................. 9 A. Workday ................................................................................... 9 B. Workweek ................................................................................ 9 C. Work Period ............................................................................. 9 D. Meal Period .............................................................................. 9 E. Rest Periods .............................................................................. 9 F. Flexible Work Hours or Workdays .......................................... 9 Attendance ....................................................................................... 9 Overtime .......................................................................................... 9 A. Overtime Rate .......................................................................... 9 B. Authorized Overtime ................................................................ 9 C. Method of Payment .................................................................. 10 D. Compensatory Time ................................................................. 10 E. Minimum Overtime .................................................................. 10 Mandatory Training ......................................................................... 10 Premium Pay ................................................................................... 10 A. Work in a Higher Classification ............................................... 10 B. Call-back Pay ........................................................................... 10 C. Court Appearances ................................................................... 10 Leaves .............................................................................................. 11 Vacations ......................................................................................... 11 A. Usage ........................................................................................ 11 B. Scheduling ................................................................................ 11 C. Deferral ..................................................................................... 11 D. Vacation Pay-out ...................................................................... 11 E. Accrual Rates ........................................................................... 11 F. Holidays Occurring During Vacation Leave ............................ 11 G. Serious Illness or Injury Occurring During Vacation ............... 11 Sick Leave, Paid Family Care Leave, and Medical Appointment Leave ........................................................................................ 12 Holidays ........................................................................................... 12 A. Days Observed ........................................................................ 12 B. Holidays Worked .................................................................... 12 8 6/01 8 6/01 8 6/01 8 6/01 8 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 iv Personnel Rules and Regulations Page v 6.04 6.05 6.06 6.07 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 8.00 8.01 8.02 C. Continuous Operations ........................................................... 12 D. Conflicting Provision .............................................................. 12 E. Work-related Unavailability Before and After Holiday .......... 12 F. Availability Day Before and After Holiday ............................ 12 Jury Duty ......................................................................................... 12 Military Leave ................................................................................. 12 Maternity Leave ............................................................................... 13 A. Certification ............................................................................ 13 B. Leave Sooner than Certified ................................................... 13 C. Usage of Accrued Leave ......................................................... 13 D. Expiration of Leave ................................................................ 13 E. Extending the Leave ............................................................... 13 F. Persons With Temporary Disabilities ..................................... 13 Other Leaves Without Pay ............................................................... 13 A. Request and Approval of Leave .............................................. 13 B. Expiration of Leave ................................................................ 14 C. Failing to Return from Leave .................................................. 14 Employment Announcements and Applications ............................. 15 Recruitments .................................................................................... 15 Job Announcements ........................................................................ 15 Advertising for Vacancies ............................................................... 15 Application Forms ........................................................................... 15 Acceptance of Application .............................................................. 16 Disqualification of Candidates ........................................................ 16 Limiting the Applicant Pool ............................................................ 17 Expanding the Applicant Pool ......................................................... 17 Targeted Recruitments ..................................................................... 17 Notice to Applicants ........................................................................ 17 Employment Examinations ............................................................. 18 Types of Examinations .................................................................... 18 A. Transfer and Promotional Opportunities ................................ 18 B. Closed/Promotional Examinations for Regular Employees ... 18 C. Open/Competitive Examinations ............................................ 18 D. Continuous Examinations ....................................................... 18 E. Open Until Filled Examinations ............................................. 18 Components of Examinations ......................................................... 18 A. Written Examination ............................................................... 18 B. Training and Experience Evaluation ....................................... 19 C. Performance Test .................................................................... 19 D. Physical Capability Test ......................................................... 19 E. Self-evaluation Questionnaire ................................................. 19 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 Personnel Rules and Regulations Page vi 8.03 8.04 8.05 8.06 8.07 8.08 8.09 8.10 8.11 8.12 8.13 8.14 8.15 9.00 9.01 9.02 9.03 9.04 9.05 9.06 9.07 F. Supplemental Application Questionnaire ............................... 19 G. Qualifications Appraisal (QAI) Interview .............................. 19 H. Medical Examination .............................................................. 19 I. Other Examinations ................................................................ 19 Rater Authority ................................................................................ 19 Conduct of Examination .................................................................. 19 Application Review ......................................................................... 19 Information Verification .................................................................. 20 Scoring of Examinations ................................................................. 20 Passing Examinations ...................................................................... 20 A. Closed/Promotional Examinations ......................................... 20 B. Open/Competitive, Open Until Filled, and Continuous Examinations .......................................................................... 20 Credit Points .................................................................................... 20 A. Veteran Status ......................................................................... 20 B. Seniority Credit ....................................................................... 20 Confidentiality of Candidates .......................................................... 21 Notification of Examination Results ............................................... 21 Retaking Examinations .................................................................... 21 Review of Examinations ................................................................. 21 A. Reviewing Written Exams ...................................................... 21 B. Review Period ......................................................................... 21 C. Examination Materials ............................................................ 21 D. Protesting Exams .................................................................... 22 E. Certifying Employment Lists .................................................. 22 Examination Records ...................................................................... 22 Errors in Examination Process ........................................................ 22 Employment Lists ............................................................................ 23 Placement on Employment Lists ..................................................... 23 Duration of Employment Lists ........................................................ 23 A. Effective Date ......................................................................... 23 B. Open-until-Filled Lists ............................................................ 23 C. Continuous Lists ..................................................................... 23 D. Merged Lists ........................................................................... 23 Abolishment of Employment Lists .................................................. 24 Errors in Employment Lists ............................................................. 24 Consideration of Eligible Candidates .............................................. 24 Removal From Lists ........................................................................ 24 Re-employment Lists after Layoff ................................................... 25 A. Eligibility Period for Re-employment Recall ......................... 25 B. Refusing or Waiving Re-employment .................................... 25 vi 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 Personnel Rules and Regulations Page vii 9.08 10.00 10.01 10.02 10.03 10.04 10.05 10.06 10.07 11.00 11.01 11.02 11.03 11.04 11.05 12.00 12.01 12.02 12.03 12.04 12.05 Reinstatement LiSts 25 A. Reinstatement Period .............................................................. 25 B. Notifying City of Reinstatement Interest ................................ 25 C. Waiving Reinstatement ........................................................... 25 D. Rehire Process ........................................................................ 25 Employment Appointments ............................................................. 26 Filing of Vacancies .......................................................................... 26 Notice to Appointing Authority ....................................................... 26 Certification of Employment List .................................................... 26 A. Open/Competitive Appointments ........................................... 26 B. Closed/Promotional Appointments ......................................... 26 C. Continuous Examination Appointments ................................. 26 D. Open-until-Filled Examination Appointments ....................... 27 Probationary Appointment .............................................................. 27 Alternate Employment Lists ............................................................ 27 Provisional or Temporary Appointments ........................................ 27 Appointment of Relatives ................................................................ 27 A. Family Members of City Officials .......................................... 27 B. Employment of Immediate Family ......................................... 27 C. Employment of Spouses ......................................................... 27 D. Persons Marrying After Employment ..................................... 28 E. Waiver of this Restriction ....................................................... 28 Probationary Period ......................................................................... 29 Objective of Probationary Period .................................................... 29 Duration ........................................................................................... 29 Evaluations ...................................................................................... 29 Rejection of Probationer Following Initial Appointment ................ 29 Rejection of Probationer Following Promotion .............................. 29 Personnel Actions-Non-disciplinary ............................................... 30 Resignation ...................................................................................... 30 Transfer ............................................................................................ 30 Voluntary Demotion ........................................................................ 30 Involuntary Demotion (Not Related to a Layoff Action) ................30 Layoff .............................................................................................. 30 A. Layoff Provision ..................................................................... 30 B. Seniority .................................................................................. 30 C. Order of Layoff ....................................................................... 31 D. Department-specific Layoff .................................................... 31 1. Department Order of Layoff .......................................... 31 2. Identical City Service ..................................................... 31 E. Notice of Layoff ...................................................................... 31 vii 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 6/01 Personnel Rules and Regulations Page viii 13.00 13.01 13.02 13.03 13.04 13.05 13.06 14.00 14.01 14.02 F. Reassignment in Lieu of Layoff .............................................. 31 6/01 1. Vacant Position in the Same Classification ................... 31 6/01 2. Vacant Position in a Former Classification ................... 31 6/01 3. Bumping in the Same Classification .............................. 31 6/01 4. Displacement in Lieu of Layoff ..................................... 32 6/01 5. Salary When Displaced .................................................. 32 6/01 G. Declining Lay-off Rights ........................................................ 32 6/01 1. Declined Work ............................................................... 32 6/01 2. Accrued Leaves .............................................................. 32 6/01 H. Layoff Re-employment Lists .................................................. 32 6/01 1. Reduction-in-Force Reinstatement Lists ....................... 32 6/01 2. Re-employment List ....................................................... 32 6/01 3. Time Period of Re-employment List ............................. 32 6/01 4. Probationary Employees Rehired after Layoff ............... 33 6/01 Disciplinary Action ........................................................................... 34 6/01 Action by City .................................................................................. 34 6/01 A. Types of Disciplinary Actions ................................................. 34 6/01 B. Emergency Disciplinary Action ............................................... 34 6/01 C. Reasons for Discipline ............................................................. 34 6/01 1. AFSCME Members ........................................................ 34 6/01 2. All Other Bargaining Unit Members .............................. 34 6/01 Written Notice of Proposed Disciplinary Action ............................. 35 6/01 A. Notice Served ........................................................................... 35 6/01 B. Notice Contents ....................................................................... 35 6/01 Failure to Respond to Proposed Disciplinary Action ....................... 36 6/01 Responding to Proposed Disciplinary Action .................................. 36 6/01 Appeals of Disciplinary Action ........................................................ 36 6/01 Retention of Disciplinary Records ................................................... 36 6/01 Grievance Procedure ......................................................................... 37 6/01 Definition of Grievance .................................................................... 37 6/01 A. Grievance Definition ................................................................ 37 6/01 B. Alternate Appeal Procedure ..................................................... 37 6/01 C. Disciplinary Appeals ................................................................ 37 6/01 D. Immediate Supervisor .............................................................. 37 6/01 Informal and Formal Grievances ...................................................... 37 6/01 A. Grievance Steps ....................................................................... 37 6/01 1. 37 6/01 2. 38 6/01 2. 38 6/01 3. 38 6/01 4. 38 6/01 Step 1-Immediate Supervisor .......................................... Step 2- Response to Formal Grievance ........................... Step 3-Department Head ................................................. Step 4-City Manager ....................................................... Step 5-Personnel Board .................................................. viii Personnel Rules and Regulations Page ix 14.03 15.00 15.01 15.02 15.03 15.04 16.00 16.01 16.02 16.03 16.04 17.00 17.01 17.02 17.03 17.04 17.05 17.06 17.07 Appendix A B. Personnel Board Hearing ......................................................... 38 6/01 C. Personnel Board Hearing Meeting ........................................... 38 6/01 D. Open or Closed Hearings ......................................................... 39 6/01 E. Personnel Board Decision ........................................................ 39 6/01 General Conditions ........................................................................... 39 6/01 A. Extended Time Limits ............................................................. 39 6/01 B. Failure to Comply with Time Limits ....................................... 39 6/01 C. Representation ......................................................................... 39 6/01 Training and Safety .......................................................................... 40 6/01 Responsibility for Training ............................................................... 40 6/01 Credit for Training ............................................................................ 40 6/01 Promotional Training Program ......................................................... 40 6/01 Safety Program ................................................................................. 40 6/01 Reports and Records ......................................................................... 41 6/01 Personnel Files ................................................................................. 41 6/01 Employee Access to Personnel Files ............................................... 41 6/01 Change of Status Report .................................................................. 41 6/01 Employee Evaluations ..................................................................... 41 6/01 Miscellaneous Provisions ................................................................ 42 6/01 Outside Employment ....................................................................... 42 6/01 Political Activities ........................................................................... 42 6/01 Cooperation of City Employees ....................................................... 42 6/01 Conflict of Interest Codes ................................................................ 42 6/01 Gifts, Favors, and Remuneration ..................................................... 42 6/01 Confidentiality ................................................................................. 42 6/01 Dress and Grooming Requirements ................................................. 42 6/01 Definitions ....................................................................................... 43 6/01 ix Personnel Rules and Regulations Page x ...... 1 .................. 1 .......... Purpose ...... 2 .................. 2 .......... General Provisions ...... 4 .................. 3 .......... Personnel Board ..... 11 ................. 6 .......... ..... 15 ................. 7 .......... ..... 18 ................. 8 .......... ..... 23 ................. 9 .......... ..... 26 ................ 10 ......... ..... 29 ................ 11 ......... ..... 30 ................ 12 ......... ..... 34 ................ 13 ......... ..... 37 ................ 14 ......... ..... 40 ................ 15 ......... ..... 41 ................ 16 ......... ..... 42 ................ 17 ......... ..... 43 ....... Appendix A. Classification and Pay Plan Hours of Work, Overtime, and Premium Pay Leaves Employment Announcements and Applications Employment Examinations Employment Lists Employment Appointments Probationary Period Personnel Actions-Non-disciplinary Disciplinary Action Grievance Procedure Training and Safety Reports and Records Miscellaneous Provisions Definitions 8/14/01 s:\committees\pers r&r\document~r&rs doc5.doc 1.01 1.02 1.03 Purpose--As defined in the Municipal Code 3.04 Personnel Administration, the City of South San Francisco has established a personnel ordinance that established and maintains an equitable and uniform procedure for dealing with personnel matters. These personnel rules and regulations are to facilitate efficient services to the public and to provide for a fair and equitable system of human resource management to the City of South San Francisco. These personnel rules and regulations set forth procedures to ensure fair treatment for those who compete for employment and promotion, and define the obligations, fights, privileges, benefits, and prohibitions placed upon all employees in the classified service of the City. Department-specific Rules--Some Departments have their own specific rules, which may be used in addition to these personnel rules and regulations. Any inconsistencies between these personnel rules and regulations and specific Department rules are to be resolved in favor of these personnel rules and regulations, which take precedence. Moreover, there are specific provisions in the various Memoranda of Understanding between the City and different employee groups and associations that are not addressed in these personnel rules and regulations. Any inconsistencies between these personnel rules and regulations and the respective Memoranda of Understanding are to be resolved in favor of the Memoranda of Understanding, which take precedence. Succession--These personnel rules and regulations supercede all former versions. Personnel Rules and Regulations Page 2 2.01 2.02 2.03 2.04 2.05 Powers of the City Manager In accordance with the Municipal Code, the City Manager is the appointing authority and the ex officio personnel officer for the City of South San Francisco. As provided in the Municipal Code, the City Manager has the power to appoint, control, supervise, discipline, and remove all employees of the City subject to provisions in the Municipal Code and these personnel rules and regulations. The City Manager may delegate this authority to any other officer or employee of the City. Standards of Conduct Appointment to the classified service carry with it certain rights and responsibilities under the law. It is therefore incumbent upon members of the classified service to serve the public well and respect the rights of all. To this end, employees are to conduct themselves in a manner that will exemplify such characteristics as courtesy, honesty, integrity, constraint, impartiality, fairness, and dedication to the well being of the public. In addition, no public office is to be used for personal goal or the special benefit of any citizen or citizen group. Employees shall conduct themselves in such a manner as to promote and preserve a level of service and engender confidence in and respect for City Government. The public shall be served with courtesy, impartiality, fairness, and equality under the law at all times. Employees are required to perform the duties to which they are assigned to the best of their ability. Publicly owned or supported property, equipment, vehicles, labor, or services shall be used for public purposes only. On-duty time is to be used for City purposes only. Fair Employment--The City shall not discriminate against any applicant or employee in violation of state or federal laws or the City's administrative instructions. Nor does the City tolerate retaliation against any applicant or employee for filing a discrimination complaint. Classified Service Application: Exceptions--These personnel rules and regulations shall apply to all offices, positions, and employment for the City of South San Francisco, except: · Elected officials. · Members of appointive boards, commissions, and committees. · Persons under contract to supply expert, professional, or technical services to the City. · At will, hourly, temporary, or provisional employees. · Volunteers, who do not receive compensation from the City. · Those positions listed under Section 3.12.010(b) of the Municipal Code. Violation of Rules--Violation of the provisions of these personnel rules and regulations shall be grounds for disciplinary action up to and including termination. Personnel Rules and Regulations Page 3 2.06 Amendment and Revision of Rules--Amendments to these personnel rules and regulations shall be proposed to the City Council after first having been reviewed by the appointing authority and the Personnel Board. The appointing authority shall notify the City Council of any proposed amendments. All proposed amendments shall be posted on designated City bulletin boards and each employee organization shall be notified, in writing, at least 5-working days prior to consideration by the City Council. At the time of consideration, interested parties may appear and be heard. Amendments and revisions to the personnel rules and regulations shall be by Council Resolution. 2.07 Severability--If any section, subsection, sentence, clause, or phrase of these personnel rules and regulations is for any reason held illegal, invalid, or unconstitutional by decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 2.08 New Laws--In case these personnel rules and regulations conflict with new or existing laws affecting emp! current laws will prevail. Personnel Rules and Regulations Page 4 3.01 3.02 3.03 3.04 Personnel Board Definition--The Personnel Board consists of 5 members appointed by the City Council. The Personnel Board has the authority to: · Review and approve changes to existing classification descriptions in the classified service. · Hear appeals to the recruitment and examination process for positions in the classified service. · Hear an appeal submitted by an employee in the classified service relative to disciplinary action, grievance, or alleged violation of these personnel rules and regulations. Meetings---The Personnel Board shall hold regularly scheduled meetings. Any scheduled regular meeting may be adjourned to a designated time and place. In addition, the Board may hold special meetings. Notice of regular and special meetings must be posted and distributed pursuant to the Government Code. Meetings shall be conducted in accordance with such rules and procedures as may be adopted by the Personnel Board. Public Hearings--All meetings of the Personnel Board as governed by the Municipal Code 3.28 shall be public, except for the following: A. Hearings for Disciplinary Appeals--Unless an open public heating is requested by an employee, appeal heatings requested by employees who have been subjected to disciplinary action shall be closed to the public. Those in attendance may include the employee requesting the hearing, the employee's designated representative, the personnel officer, the City's designated representative, the department head and/or other City official or employee who administered the disciplinary action, and any witnesses. Witnesses may be excluded from the heating during examination of any or all other witnesses in the matter. The hearing need not be conducted according to technical rules relating to evidence. General administrative heating rules and practices may be used B. Hearings For Other Classified Service Matters--Hearings requested for resolving other issues, such as grievances, within the jurisdiction of the Personnel Board shall be conducted according to procedures established by the Personnel Board. QuorumwA quorum is defined as three members of the Personnel Board present at a meeting. If a quorum is not secured within I0 minutes of the officially scheduled meeting time, the Personnel Board shall adjourn without taking any action, except that it may set a date and time for its next meeting. 4 Personnel Rules and Regulations Page 5 3.05 3.06 Officers---The Personnel Board shall select a Chairperson and Vice Chairperson at the first meeting of the calendar year. Those appointments are valid for one year unless a Board member's appointment ends, for whatever reason. If this occurs the Personnel Board shall hold a new election of the remaining members to fill the vacant slot. Minutes--The Personnel Board shall keep action minutes of its proceedings, which will be reviewed and modified or adopted at the next regularly scheduled meeting. Minutes and agendas of meetings are distributed as required by law. 5 Personnel Rules and Regulations Page 6 4.01 4.02 Personnel Officer Responsibility--As designated by the City Manager, the personnel officer shall be responsible for the administration of the City's Classification and Pay Plan. The personnel officer shall submit .job specifications for newly created positions, reclassifications, or restructuring of the existing positions to the City Council for adoption, and amendments to job specifications for existing positions to the Personnel Board for adoption. Classification and Compensation and Pay Plan--The Compensation and Pay Plan shall consist of all classifications in the classified service and will include the following. A. Classification Title--The title established shall be generally descriptive of the type and level of work performed and shall be used in all City documents applicable to the positions or the employees appointed to it. B. Classification Specification--The classification specification is intended to clearly set forth the basic work tasks, knowledge, skills, abilities, and employment qualifications applicable to each classification. The specification shall not be construed as an all- inclusive list of tasks performed, or be interpreted as restricting the assignment of related tasks not specifically listed therein, or as limiting the authority of supervisors to assign, direct, and control the work of employees. The classification specification will generally contain: · Job Definition--A brief definition of the scope, nature, and responsibilities of the classification. · A listing of examples of typical tasks performed; basic tasks performed. · A statement regarding characteristics, which distinguish the classification from related classifications. · Basic knowledge, skills, abilities, physical, and other characteristics required. · Minimum employment qualifications in terms of the type and/or content of education, experience, and training for standard performance. · Working conditions. · Amount and type of supervision received. · Amount and type of supervision exercised. Salary Schedule--A salary schedule shall be maintained containing a table or series of pay ranges. Salary ranges shall generally have 5 steps with approximately a 5% spread between each step. The ranges may be expressed in terms of hourly, biweekly, monthly, or annual rates or any combination of these. Each classification shall be assigned to a range in the pay schedule, and this designation shall be modified periodically to reflect Council-approved general salary adjustments, classification actions, and other actions impacting range assignments. No position in the classified Co 6 Personnel Rules and Regulations Page 7 4.03 4.04 service shall be assigned a salary not in conformance with the salary range established for its classification. Flexible Staffing Flexible staffing is a group of classifications in a series allocated as one position in which the same general area of work is performed but at different levels of proficiency and technical expertise based on the skills and specified qualifications. In such cases, the examination of each classification in the series is essentially the same, with each test component for the next level building on the previous test component. Generally, the series would start at an entry-level classification and continue up to a journey-level classification. However, there may also be some technical specialists or master-level flexibly staffed classifications. The appointing authority shall designate those classifications that may be a flexibly staffed classification series. A. Determining Flexibly Staffed Positions--For a position to be flexibly or alternately staffed: · The appointing authority designates it as such. · It may be filled at any level as determined by the City. · It has proficiency standards for movement from one level to the next level as determined by the City. · Movement of promoted employees may occur without competing for the position, from one level to the next highest level after demonstrating proficiency. B. Filling Flexibly Staffed Positions--Once designated, the City can recruit and test for all classifications within the series and make appointments at any level within the classification series. C. Approving Flexibly Staffed Appointments--The appointing authority must approve initial appointments and the movement from a lower-level flexibly staffed classification to the next higher-level position prior to the appointment being made. D. Flexibly Staffed Promotions--An employee may be promoted from an entry-level through sub-journey-level, journey-level, and to master-level if the classifications exist and if the employee meets the requirements for each level prior to promotion. E. Completion of Probation--If an employee is appointed to a flexibly staffed position, that employee may advance to the next classification level only after passing probation in the current level and demonstrating proficiency to the City's satisfaction. A written or performance exam may be necessary, depending upon requirements. Reclassifications--When an incumbent's position has been studied and it has been determined that a significant portion of the responsibilities are at a different classification level, the position may be reclassified to the more appropriate classification level without requiring the incumbent to pass an examination to determine suitability for the job. Such action to reclassify an employee must be approved by the appointing authority and authorized by the City Council. Personnel Rules and Regulations Page 8 4.05 4.06 Maintenance of Plan-- A. New or Revised Positions--When it is proposed that a new position should be added or an existing position should be reclassified or abolished, the department head proposing the change shall submit it to the appointing authority, who shall conduct the necessary review. In addition, the appointing authority may initiate, at any time, a study to determine the appropriateness of any position's classification allocation. An employee also has the right to request such review, which shall not be subject to the grievance procedure set forth in these personnel rules and regulations or applicable Memorandum of Understanding or provided for in other approved compensation programs. All studies of positions are subject to review and approval by the appointing authority which shall not be subject to the grievance procedure as set for in these personnel rules and regulations or applicable Memorandum of Understanding or provided for in other approved compensation programs. B. Final Determination--The appointing authority shall make the final determination on all actions arising under this provision, subject to approval by the City Council where results of the study are an amendment to the Plan. Salary Administration-- A. Step Appointment--The appointing authority may appoint an employee at any step of the salary schedule for the classification. B. Salary at Promotion--Employees in the classified service promoted from a position in one classification to a position in a higher classification, shall, as of the effective date of the promotion to the new classification, receive not less than the equivalent of a 5% salary increase, but shall receive no more than the top step of the salary range. The effective date of the promotion shall determine the new pay anniversary date in the position, but shall not serve to alter the employment anniversary date established upon initial appointment to the classified service. The initial appointment date shall establish eligibility for service-related benefits, such as vacation leave and longevity pay. C. Salary Advancement--Employees in the classified service may be eligible for advancement to the next step of the specific salary range 6 months after the initial appointment, provided that the employee's performance and attendance merit the increase. Advancement to the remaining steps may be made after 12 months of satisfactory service at each successive salary step, provided that the employee's performance and attendance merit the increase. D. Salary on Re-employment and Reinstatement--A reinstated or re-employed employee shall be appointed at the step, which the appointing authority deems appropriate, based upon the employee' s prior length of service and level of performance. E. Pay Anniversary Date--The pay anniversary date of an employee shall remain the same, as long as the employee remains in the same classification. F. Adjustments for Unpaid Leave of Absences--To the extent provided by law, an employee's pay increase shall not be affected by any leave of absence of less than 2 payroll periods or 27 calendar days. If the employee is absent for 2 or more payroll 8 Personnel Rules and Regulations Page 9 periods, or 28 or more calendar days, the total amount of time off shall be made-up before the employee shall be entitled to such pay increases. 9 Personnel Rules and Regulations Page 10 5.01 5.02 5.03 Hours of Work--The workday and workweek will be in compliance with applicable state and federal laws, such as the Fair Labor Standards Act. A. Workday--The regular, straight time workday for full-time regular employees shall consist of 8, 9, 10, or 12 hours within a 12-hour period. Exceptions to this schedule must be approved by the appointing authority, and provided for by the applicable Memorandum of Understanding or in other approved compensation programs. Employees who work in departments with a continuous operation may have various schedules, such as 8, 10, 12, or 24-hour shifts. B. Workweek--The regular, straight time workweek for regular employees shall consist of 40 hours within a workweek as defined above or as otherwise approved by the appointing authority, provided for by the applicable Memorandum of Understanding or provided for in other approved compensation programs. Fire suppression employees may have a work schedule of 56-hour workweeks. C. Work Period--This is a work schedule that may not coincide with a payroll cycle, but is allowed and defined under the Fair Labor Standards Act. D. Meal Period--Except for employees assigned to continuous operations, a meal period of 30 to 60 minutes shall be provided to all regular employees, to be scheduled approximately midway through the regular workday, subject to department head approval. This period shall not constitute paid time. E. Rest Periods--Except for employees assigned to continuous operations, one paid rest period of 15 minutes shall be provided all employees during each four-hour work period. F. Flexible Work Hours or Workdays--Flexible work hours and days may be available to employees depending on the Department/Division assigned and as governed by the provisions of the applicable Memorandum of Understanding or provided for in other approved compensation program. Attendance---Employees shall be at their work in accordance with the rules regarding hours of work, leaves, and related provisions. Failure on the part of an employee to return to duty within 24 hours after notice to return when the employee has been absent, may be cause for discharge. Overtime A. Overtime Rate--All non-exempt employees who work in excess of their regularly scheduled workday or workweek as defined above, shall be entitled to overtime compensation at the rate of time and one-half their actual hourly rate of pay, except as otherwise provided for in these personnel rules and regulations or in the applicable Memorandum of Understanding. 10 Personnel Rules and Regulations Page 11 5.04 5.05 B. Authorized Overtime--All overtime hours worked shall be authorized in advance by the appropriate department head or designee specifically vested with this authority. C. Method of Payment--In accordance with policies established by the appointing authority, department heads shall have the discretion to compensate overtime worked by either salary payment or by compensatory time off as approved by law. D. Compensatory Time--All compensatory time accrued and taken shall be governed by provisions of the applicable Memorandum of Understanding between the City and its recognized employee organizations. E. Minimum Overtime--No overtime payment shall be made where time worked prior to the beginning of a shift or following completion of a shift is not authorized and if it is less than 12 minutes' duration or as identified in provisions of the applicable Memorandum of Understanding. Mandatory Training--Except as provided for by law, mandatory training shall not constitute overtime, except as granted by the employee's applicable Memorandum of Understanding. If mandatory training is required and it is not feasible to conduct such training during regular working hours, employees engaged in such training shall be entitled to compensation on a straight time basis for the time of actual training. The final decision on initiating any training during any time other than regular working hours shall be made by the department head. Premium Pay-- A. Work in a Higher Classification--The terms and conditions under which additional compensation is provided for employees working in a higher job classification shall be governed by the provisions of the applicable Memorandum of Understanding between the City and its recognized employee organizations. B. Call-back Pay--The terms and conditions under which additional compensation is provided for employees called back to work shall be governed by the provisions of applicable Memorandum of Understanding between the City and its recognized employee organizations. C. Court Appearances--The terms and conditions under which additional compensation is provided to employees who are required in the course of their official employment to appear in court during their off-duty hours shall be governed by the provisions of the applicable Memorandum of Understanding between the City and its recognized employee organizations. 11 Personnel Rules and Regulations Page 12 6.01 Vacations-- A. Usage--Regular employees shall be entitled to vacation leave as set forth in the applicable Memorandum of Understanding, which shall begin accruing at date of employment but cannot be taken until the completion of the sixth month of employment. B. Scheduling--Department heads shall schedule vacation leave periods for eligible employees giving due consideration to departmental operations. C. Deferral---Where an employee does not or cannot take the full amount of vacation leave earned in a calendar year because of Department operational needs, the employee may, with approval of the department head, defer all or some of the unused portion to the following year, depending on the applicable Memorandum of Understanding. Vacation Pay-outmEmployees separating from the City service shall be paid their current, hourly rate of pay for all unused, accrued vacation leave hours. Accrual Rates--The vacation leave accrual rate is governed by the applicable Memorandum of Understanding between the City and its recognized employee organizations. Holidays Occurring During Vacation Leave--Where a City holiday falls during an employee's vacation, that day shall not be charged against the employee's vacation leave, but rather it shall be charged as holiday. However, employees working in continuous operations shall receive holiday pay for said holiday. Serious Illness or Injury Occurring During Vacation Leave--Where a serious illness or injury requires immediate medical attention and confines an employee to a hospital or to home during vacation leave, the days of confinement shall not be charged against the employee's vacation leave usage, provided the following conditions are met: · The employee, or a representative for the employee, who is requesting a change in leave must contact the immediate supervisor or designee to receive approval on the date that the employee expects to substitute sick leave for vacation leave. In no event, however, shall substituted leave be permitted retroactively from the first date of reporting. · Employees must submit documentation to the personnel officer from a licensed medical practitioner to substantiate a serious illness or injury. The documentation of the serious illness or injury must be submitted no later than upon return to work for review, determination, and disposition. The City reserves the right to have validated any medical document or opinion submitted by referring it to a City- designated physician. The decision of the personnel officer to allow or disallow the substitution of leave shall be final. · If the requested vacation leave has passed, employees must return to work on the date certified by the employee's attending physician. Unused vacation leave shall Do Go 12 Personnel Rules and Regulations Page 13 6.02 6.03 6.04 6.05 be credited to the employee for rescheduling at a later time mutually agreeable by the employee and the department head. Sick Leave, Paid Family Care Leave, and Medical Appointment Leave--Provisions applicable to sick leave, paid family care leave, and medical appointment leave shall be governed by applicable state and federal law, as well as the terms of the applicable Memorandum of Understanding between the City and its recognized employee organizations. Holidays-- A. Days Observed--Authorized holidays shall be governed by the terms of applicable Memorandum of Understanding between the City and recognized employee organizations. B. Holidays Worked--Except for employees assigned to continuous operations, employees who are directed to work on any of the holidays, shall be paid at the rate of time and one-half their actual rate of pay or as designated in the applicable Memorandum of Understanding. C. Continuous Operations--Employees assigned to continuous operations that, by nature of their assignment, are unable to observe City holidays shall be compensated for the holidays. Conflicting Provision--Should this provision conflict with the terms of any applicable Memorandum of Understanding, the Memorandum of Understanding shall overrule. Work-related Unavailability Before and After Holiday--Employees scheduled to work on a City holiday, but who are unable to do so due to a job-related injury or illness shall remain eligible for payment in accordance with this provision as long as the employee is still receiving compensation from the City. Availability Day Before and After Holiday--Where an employee is absent from work due to illness or injury unrelated to the job on a regularly scheduled workday immediately preceding or following a holiday for which compensation is received under these personnel rules and regulations, the employee shall submit to the department head a health care practitioner's certificate confirming the illness or injury. Failure to do so shall result in the employee not being paid for the holiday. Do Fo Jury Duty--An employee who is called to serve as a juror shall be entitled to leave during the period of such service or while being present in court as the result of such summons. Under these circumstances, the employee shall be paid a regular salary for this period provided the employee supplies verification of time served and remits to the City juror fees received. Such fees shall not include mileage reimbursement or subsistence payments. Military Leave--Military leave shall be granted in accordance with the provisions of applicable State and Federal law, including the State of California's Military and Veteran's Code. Employees requesting military leave shall provide their department head an 13 Personnel Rules and Regulations Page 14 6.06 6.07 opportunity, within the limits of military orders or regulations, to determine when such leave shall be taken. Department heads may modify the employee's work schedule to accommodate the leave. Maternity Leave--This leave shall be granted in accordance with applicable state and federal laws and in conjunction with the applicable Memorandum of Understanding. A. Certification---~ave shall commence upon certification from the employee's attending physician that the employee is no longer capable of performing the duties of her position. Upon the advice of the employee's physician, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary in which the employee is qualified to perform. Where such transfers have by practice, policy, or negotiated agreement, been granted for temporary disabilities other than pregnancy, the transfer of the employee shall be accommodated. Where temporary transfers have not been granted under other circumstances, the employee's request will be approved only if it can be reasonably accommodated. However, nothing herein shall result in the displacement or transfer of other employees from regular positions or require the City to allow the performance of unnecessary work. B. Leave Sooner than Certified--Where in the opinion of the department head, the employee should be temporarily transferred or placed on leave sooner than prescribed by the employee's physician due to the employee's inability to effectively or safely perform the duties of the position, the employee may be required to undergo an examination by a City-designated physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the personnel officer. C. Usage of Accrued Leave--Employees shall be entitled to utilize sick leave, vacation leave, and compensatory time while temporarily disabled from work. D. Expiration of Leave--Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position had been abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee being reinstated, the employee must submit a statement from her attending physician that the employee is physically capable of resuming the regular duties. F. Extending the Leave--An employee at the conclusion of her disability may request an extended leave of absence, as provided under these personnel rules and regulations. G. Persons with Temporary Disabilities--Nothing in this section shall be interpreted to apply leave procedures differently to pregnant employees than to any other employee with a temporary disability. Other Leaves without Pay-- A. Request and Approval of Leave--The appointing authority may grant an employee in a regular position a leave of absence without pay not to exceed one year. The masons and the request for leave shall be submitted in writing and must be approved by both the department head and the appointing authority prior to the leave commencing. 14 Personnel Rules and Regulations Page 15 Bo However, during the period of the leave, the employee shall not continue accruing service credits, nor shall the City continue contributions toward any health and welfare benefits unless any portion of the leave is covered under the Family Medical Leave Act or the California Family Rights Act. Expiration of Leave--Upon expiration of the approved leave, the employee shall be reinstated to the former position without loss of service credits or benefits. Failing to Return from Leave--Failure on the part of an employee to return to work on the date scheduled, shall be cause for disciplinary action, up to and including dismissal. 15 Personnel Rules and Regulations Page 16 7.01 7.02 7.03 7.04 Recruitments--It shall be the practice of the City of South San Francisco to carry on such recruitment programs as necessary to seek out and secure qualified individuals to apply for positions at all levels in the classified service. Recruitment efforts shall be directed toward stimulating interest in all communities served. The City will use recognized personnel practices for announcing, testing, and selecting candidates. At the discretion of the personnel officer, recruitment activities may be in conjunction with other public agencies in order to ensure timely and cost-effective delivery of services, as well as quality and quantity of candidates. Job Announcements--All examinations for positions in the classified service shall be published by distributing electronic or hard copy announcements of the examination to all City departments and through such other sources as deemed necessary by the personnel officer to attract a sufficient number of qualified applicants. In addition, announcements of all open/competitive examinations shall be advertised in at least one media circulated within the City of South San Francisco. Generally the job announcements shall specify the essential components of the classification specification, as well as: The classification title. · The current salary rate. · The nature of the work to be performed. · The job requirements. · The location to file the application materials. · The last date to file the application materials. · Other information that will assist applicants in understanding the nature of the position, and the specific procedures for the examination (i.e., types of examination, weighting factors, etc.). · That the candidate may request reasonable accommodation, if necessary, to take the examination. Advertising for Vacancies--Advertising for positions within the City of South San Francisco shall be made on at least one such written, televised, or electronic media, TV channels, or websites that serve the City of South San Francisco. Other advertising sources may also be used and advertising need not be limited to only those sources serving the City of South San Francisco. Application Forms--All applications for employment must be made on official, standard forms furnished by the personnel officer, unless otherwise specified. Such applications shall not be returned to the individual applicant. The information requested on the application materials shall be relevant, conforming to applicable classification and to 16 Personnel Rules and Regulations Page 17 7.05 7.06 applicable legal requirements. The application materials may seek employment and personal references and other such information applicable to the job deemed reasonable and necessary by the personnel officer. Acceptance of Application--In order for an application to be accepted, it must be complete and submitted by the official final filing date. Applications may be submitted by e-mail, internet, fax, private mail service, United States Postal Service, or any other method as determined acceptable by the personnel officer. The application must bear an original signature of the applicant, except when electronic means of transmitting the application is allowed. In that case, the original signature must be completed before an appointment can be made. Failure to conform to these requirements of shall result in the applications rejection by the personnel officer. In addition, the personnel officer may reject an applicant at any point during or subsequent to the examination process on any of the following grounds: The applicant's failure to satisfy the employment standards prescribed for the position. The applicant's criminal background as permitted to be considered by the personnel officer under state and local law. · The applicant's false statement, deception, fraud, or misconduct in conjunction with the employment application or selection process. · For other legally permitted reasons. Disqualification of Candidates--Not all candidates will be invited to participate in any or all phases of a selection process. Applicants may be rejected or disqualified based on application materials, test results, the number of well-qualified candidates or for any other job-related reason during any or all phases of the selection process. In addition, the personnel officer may disqualify candidates for any business-related reasons, including but not limited to: · Arriving at the examination site after the starting time. · Being convicted of a crime, which renders the applicant unsuitable for a position in the classification. · Copying the work of another candidate. · Directly or indirectly obtaining information regarding examinations to which the candidate is not entitled. · Failing to file the application correctly or within the prescribed time limits. · Failing to submit the required appropriate documentation. · Making a false or misleading statement of material fact in connection with any stage of the examination process. · Not having the requisite qualifications for the job. · Possessing unauthorized materials, devices, or anything of use or assistance in any stage of the examination process. · Providing information about an examination to a potential or another candidate. · Reviewing examination materials prior to the commencement of an examination. 17 Personnel Rules and Regulations Page 18 7.07 7.08 7.09 7.10 · Using deception or fraud at any stage in the examination process. · Using or the attempted use of influence to gain advantage in the examination process. Limiting the Applicant Pool--Prior to the distribution and publication of examination announcements, methods to limit the number of applications may be established. When it can be anticipated that the applicant group will be large in relation to predicted vacancies, the personnel officer will take steps to limit the size of the application group. These candidate-limiting conditions shall be stated in the examination announcement. However, when an unanticipated response to recruitment occurs, the personnel officer may make an adjustment later or add to the candidate-limiting conditions. Expanding the Applicant Pool--Prior to the distribution and publication of examination announcements, methods to enhance the number of applications may be established. When it will be anticipated that the applicant group may be small in relation to the predicted vacancies, the personnel officer will take steps to expand the size of the application pool. Targeted Recruitments--When in the opinion of the personnel officer, a targeted recruitment is necessary to attract qualified candidates, the personnel officer will take the necessary steps to target selected candidates and groups of candidates. Notice to Applicants--Each applicant accepted or rejected for examination shall be so notified by a method deemed appropriate by the personnel officer. 18 Personnel Rules and Regulations Page 19 8.01 Types of Examinations--Prior to making an examination announcement, the personnel officer shall determine whether the examination is to be administered on a closed/promotional, open/competitive, open until filled, or continuous basis. In determining the type of examination to be conducted, the personnel officer shall consider such factors as the complexity of the work, the known labor market for such candidates, and the availability within the City of positions or classifications which are likely to yield a sufficient number of qualified applicants. A. Transfer and Promotional Opportunities--Wherever feasible and consistent with the best interests of the City service, the personnel officer shall attempt to provide transfers and promotional opportunities to employees. B. Closed/Promotional Examinations for Regular Employees--When a closed/promotional examination is to be used, it shall be open only to regular employees, who have successfully completed their initial probationary period. C. Open/Competitive Examinations--When an open/competitive examination is to be utilized, applications may be accepted from any individual who possesses the requisite qualifications. The personnel officer may limit the filing period or the number of applications based upon the known labor market and the number of expected vacancies. D. Continuous Examinations--For classifications or positions in which the City has determined that it is difficult to maintain adequate employment lists, the personnel officer may recruit and conduct examinations on a continuous basis. The names of all eligible candidates taking the same or comparable examinations on different dates shall be placed on the corresponding employment list in order of their rank or banded score. Eligible candidates may remain on the list for up to 2 years from the date they were placed on the list. Candidates who have not submitted required documents or evidence of qualifications may not be considered for one examination, but may be invited to the next examination once the required documentation has been received. E. Open Until Filled Examinations--In cases where it is difficult to recruit qualified candidates, the personnel officer may continue to accept applications until a sufficient amount has been received in order to conduct examinations and create employment lists. Such examinations shall be announced without a final filing date. 8.02 Components of Examinations--The personnel officer shall use impartial selection techniques related to the primary tasks of the individual job classification. At the discretion of the personnel officer, one or more examination components may be for qualifying purposes only. The examination for a given classification of employment may include any of the following components, or other examinations, as deemed appropriate. 19 Personnel Rules and Regulations Page 20 A. Written Examination--A written test may be used to measure one or more of the required job knowledge, skills, and/or abilities. A written test may be given prior to any other testing process or may be the only component of a selection procedure. B. Training and Experience Evaluation--An evaluation of accepted application materials using objective and standard criteria may be used to measure the candidate's qualifications in terms of training and experience. A Training and Experience Evaluation may be done prior to any other testing process or may be the only component of a selection procedure. C. Performance Test A test whereby candidates demonstrate the degree of job knowledge, skill, and ability possessed. D. Physical Capability Test A test whereby candidates demonstrate their physical capacity to perform a task or series of tasks directly related to the job. E. Self-evaluation Questionnaire--A test whereby candidates denote their skill level by providing answers to a designated questionnaire. F. Supplemental Application Questionnaire--A written survey whereby candidates respond to questions posed as part of the application process. G. Qualifications Appraisal Interview (QAI)--A personal interview, known as an oral interview, designed to evaluate the candidate's relevant education, experiences, knowledge, and skills. This interview may be the only component of the selection procedure. H. Medical Examination--A health examination by a City-selected licensed medical health care practitioner will be conducted only after a conditional offer of employment is made. I. Other Examinations--Such other examinations that, in the judgment of the personnel officer, are necessary to evaluate candidates' capacity to perform job tasks. These may include, but are not limited to other skill-based or performance-related tests, background investigation, fingerprint check, drag and alcohol tests, and reference checks. A psychiatric examination and/or drug and alcohol tests may also be conducted for specific classifications. 8.03 Rater Authority--All components of an examination, which require evaluative judgments, shall be administered with at least one competent authority as a rater. 8.04 Conduct of Examination--The personnel officer shall ensure that the complete examination process is conducted in an objective, timely, and efficient manner. The personnel officer may contract with any competent individual, organization, or agency for preparation and/or administration of a given examination or any portions thereof. 8.05 Application Review--For examinations being conducted, the personnel officer shall review the application materials received, and may not consider further those applications that do not demonstrate that the applicant possesses the minimum requirements established for the examination. Non-traditional career paths gaining the candidate the 20 Personnel Rules and Regulations Page 21 8.06 8.07 8.08 8.09 required experience, education, and training qualifications will be considered during the application review. Information Verification--Information provided in application materials shall be subject to verification, and applicants may be required to provide documentary evidence of degrees, licenses, certifications, certifications of competency, or any other document so requested by the personnel officer. Applicants who fail to give such evidence as requested may be disqualified Scoring of Examinations--The final score in an examination shall be the average of the candidate's score in each weighted competitive component of the examination, rounded to the nearest hundredth, i.e. 2 decimal points. On any examination where tests are to be weighted by relative significance or difficulty or by pass/fail, notice to that effect shall be included in the examination announcement. Passing Examinations--Failure on the part of the candidate to pass any phase of the examination process shall result in the candidate being eliminated from consideration for employment. Testing components may be linked so that determination of a passing score may be delayed until subsequent examinations have been completed. Testing components may be grouped or exam results may not be known prior to another exam phase. If this occurs, a candidate will be allowed to progress through subsequent exam phases, but may ultimately not pass the selection process because of a failed component in the early phases of the selection process. A. Closed/Promotional Examinations--Except for tests designed as qualifying only, candidates shall be required to attain a score of not less than 70% on the overall examination process. However, the minimum passing score may be adjusted based upon consideration of the difficulty of the test. B. Open/Competitive, Open Until Filled, and Continuous Examinations--Except for tests designed as qualifying only, candidates shall be required to attain a score of not less than 70% on each test. However, the minimum passing score may be adjusted based upon consideration of the difficulty of the test, the quality of competition, and the needs of the City. Credit Points- A. Veteran Status--A Veteran discharged honorably within the 10-year period prior to the final filing date for an open/competitive entry-level classification, who becomes eligible for certification, can receive 3 additional points on the final passing score of the examination process. Such points shall not be given if the veteran is already an employee in the City and the position applied for will be a promotion open only to current employees. B. Seniority Credit--In all closed/promotional examinations, an employee in the competitive service who becomes eligible for certification from employment lists by attaining the passing mark established for the examination and having an overall 21 Personnel Rules and Regulations Page 22 passing score, shall be allowed one-half point for each year of City service after the probationary year, with a maximum credit of no more than 8 points. Such credit shall be added to the percentage attained in the examination. The individual's name shall be placed in the order on the employment list for appointment based on the percentage attained in the examination and after the appropriate credit has been added. 8.10 Confidentiality of Candidates--All parts of the examination process, including the eligible candidates on an employment list, are confidential. The relative position of eligible candidates on a list, their scores, their respective position, or how they performed during any part of the examination process shall not be discussed by raters, department interviewers, or staff of the personnel officer with anyone who does not have a need to know the information. 8.11 Notification of Examination Results--In closed/promotional examinations, candidates shall be advised of their test results following each phase of the examination. In open/competitive examinations, the personnel officer shall determine if candidates will be advised of their test results following each phase of the examination. Upon full completion of the examination process, candidates successfully completing each of the examination components shall be placed on the appropriate employment list and be notified of their final score. 8.12 Retaking Examinations--For continuous examinations, if feasible, candidates who have either previously failed the examination or who would like to improve their positions on the employment list may retake one or more components of the examinations. Candidates seeking to improve their positions on the employment list may retake the examination at four-month intervals. Candidates, who have previously failed the test may retake the examination at two-month intervals. All candidates retaking the examination must do so during a scheduled examination period. The results of the re-examination will replace the score(s) from the previous test. The test(s) may be different with each examination. The determination, as to which components of the examination are eligible to be retaken, rests with the personnel officer. 8.13 Review of Examination-- A. Reviewing Written Exams--Candidates shall be allowed to review the examination materials when permitted by the testing agency. This review period shall be 2- business days from the date the test occurred. B. Review Period--Candidates shall be allowed the 2-business days after the final testing component to review oral interview, assessment center components, or other such examination materials when permitted by the testing agency. Actual marks and comments by raters will not be available for candidates to review. However, candidates will receive general information about their performance during those 22 Personnel Rules and Regulations Page 23 8.14 8.15 components of the examination process utilizing raters. No appointment of a candidate shall be made until after this period has elapsed. C. Examination Materials--All examination materials shall remain confidential, and copying of questions or answers from any paper made available for inspection shall be prohibited unless authorized by the personnel officer. Any candidate violating this provision is subject to immediate disqualification from the examination and shall be barred from future examinations. Any candidate in a closed/promotional examination who violates this provision is subject to disciplinary action. Decisions regarding disqualification and disbarment shall reside with the personnel officer with approval of the Personnel Board. Decisions regarding disciplinary action shall be processed in accordance with these personnel rules and regulations. D. Protesting Exams--During the 2-day review period, a candidate may protest the content of any portion of the examination, in writing to the personnel officer. Protests of examination content shall be limited to assertions that a substantial error appears in the questions or the answers. The personnel officer shall act promptly on any question raised by a candidate during the review period. Should the personnel officer determine that any such claim is justified, scores applying to that test shall be re- computed accordingly and candidates so notified, where affected by the error. Re- computation of scores may be done by any recognizable method as determined by the personnel officer. E. Certifying Employment Listsmthe personnel officer shall make the certification of eligible candidates immediately after the list has been compiled. Examination Records--Applications and related examination records shall be retained for the life of the employment list or for a longer period as determined by the personnel officer in accordance with state law. Errors in Examination Process--A correction shall be prepared by the personnel officer when it becomes evident that an omission or other error has occurred in the examination process. The names of individuals who do not qualify shall be removed from the list and the names of individuals who should have qualified shall be added to the list in the appropriate rank/band order once all testing components have been completed. Any appointments previously made shall not be invalidated by the error in the examination process. The personnel officer shall have the discretion to reject all examination results and to conduct a retest if the personnel officer determines that there may have been a flaw or error in the testing process that has a significant impact on the results of the test or the ranking of the candidates. 23 Personnel Rules and Regulations Page 24 9.01 Placement on Employment Lists--Upon completion of the examination process, candidates who successfully finished all components of the examination shall be placed, from highest to lowest score, on the appropriate employment list. In the event 2 or more candidates receive the identical final, average score, the score earned by each candidate on the test given the greatest weight shall determine the position of the list. Should this fail to break the tie, the affected candidates shall receive equal ranking on the list. Preparation of employment lists shall be the responsibility of the personnel officer. The personnel officer may consider placing eligible candidates in bands, with no less than four eligible candidates, if available, being submitted for consideration and possibly more depending on the band. 9.02 Duration of Employment Lists-- A. Effective Date--Employment lists shall become effective upon certification by the personnel officer that the list was legally prepared and represents the relative rating of persons whose names appear on it. All employment lists shall remain in effect for one year, unless exhausted sooner, and may be extended in any increment as deemed appropriate by the personnel officer. Nothing in this section shall require that any list be extended. However, lists may be extended for one additional year. In unique circumstances, as determined by the personnel officer, lists may be extended for up to 2 additional years. B. Open Until Filled Lists--Employment lists established after being open until filled shall remain in effect for one year, unless sooner exhausted, and may be extended in any increments for up to one additional year. This employment list may be extended in any increments as deemed appropriate by the personnel officer for up to 2 additional years. C. Continuous Lists--Eligible candidates placed on continuous employment lists shall remain on the list for a period not to exceed 2 years from date placed on the employment list. In addition, employment lists established on a continuous basis may remain in effect indefinitely. If the continuous process for a particular employment list is changed, the list will remain in effect for one year after the last eligible candidate was placed on it, unless sooner exhausted. This employment list may be extended in any increments as deemed appropriate by the personnel officer for up to 2 additional years. D. Merged Lists--Eligible candidates placed on continuous employment lists shall, for up to two years following that placement, have their names merged in final score order with subsequent lists that have substantially the same examination processes. If a candidate wishes to improve placement on a list, the candidate may retake only those components of the examination process that are weighted. When there is a 24 Personnel Rules and Regulations Page 25 significant change in a testing component of a continuous examination as determined by the personnel officer, a candidate must take the new or changed component in order to remain on the list. After the three-year period, the candidate must retest in order to continue to be on the list. 9.03 Abolishment of Employment Lists--At any time the personnel officer may determine that a new employment list should be established. Employment lists may be exhausted when whenever incomplete, that is when there are fewer than four names remaining on it. The personnel officer may establish a new employment list or may make an appointment from among those remaining eligible candidates. If a current employment list is requested, a new examination shall be held and a list established. The personnel officer may determine if the names of the eligible candidates on the former employment list will be merged with the new list in score order. 9.04 Errors in Employment Lists--When it becomes evident that an omission or other error has occurred in the preparation of an employment list, a correction shall be prepared by the personnel officer. The names of individuals who do not qualify shall be removed from the list and the names of individuals who should have qualified shall be added to the list in the appropriate rank order; however, any appointments previously made shall not be invalidated and those that qualify will be placed on the employment list. The personnel officer shall have the discretion to reject all examination results and to conduct a retest if the personnel officer determines that there may have been a flaw or error in the testing process that has a significant impact on the results of the test or the ranking of the candidates. 9.05 Consideration of Eligible Candidates--If an appointment is to be made from a closed/promotional employment list, eligible candidates from the top four numerical ranks shall be considered. If an appointment is to be made from an open/competitive, open until filled, or continuous employment list, all eligible candidates must be considered through the top four numerical ranks and additionally other candidates may be considered at any place on the employment list as long as all candidates through the candidate selected have been assessed before an appointment is made. If there are ties with scores, then the number of numerical ranks to be considered will ensure no less than four candidates with a possibility of more, depending on the number of tied scores. The personnel officer may authorize selective certification based on the needs of the City. 9.06 Removal from Lists--The personnel officer may remove eligible candidates from any employment list for any business-related reason, including but not limited to, the following: · For failing to contact the personnel officer within 7 calendar days from the date of notice of an interview or an offer of appointment. · For failing to continue to meet any of the minimum standards established for the position for which the employment list was prepared. 25 Personnel Rules and Regulations Page 26 9.07 9.08 · Upon being appointed to an equivalent, higher, or lower classification. · Upon having been passed over 3 times. · Upon having waived appointment 3 times. · Upon separation from the City service. · Upon request of the eligible candidate. · Upon voluntarily separating from employment with the City and upon written request to the personnel officer, employees may remain on already established eligible employment lists. Re-employment Lists after Layoff--An employee laid off in accordance with these personnel rules and regulations shall automatically be placed on a re-employment list for the former classification. Where more than one employee in the same classification is laid off, the names of such employees shall be placed on the list according to the date of layoff. A. Eligibility Period for Re-employment Recall--Employees placed on such lists shall remain eligible for recall for a period of 2 years from the effective date of layoff. Re- employment may be to the employee's former classification, to a comparable classification, or to a lower classification which does not carry the same maximum rate of pay; all of which the employee must be qualified to perform in order to be placed in the classification. Recall shall be in the reverse order of layoff with the last employee laid off being the first employee offered re-employment. B. Refusing or Waiving Re-employment--An employee refusing or waiving 2 time an appointment to re-employment in either the former classification or in a comparable or lower classification shall automatically be removed from the re-employment list. Reinstatement Lists--Employees who resign in good standing may request of their department head within 30 days of resignation that they be placed on a reinstatement list. The department head must first submit a written recommendation and the appointing authority must concur prior to the former employee being placed on a reinstatement list. Placement on a reinstatement list means that the City will consider former employees, who are interested in reinstatement, along with other candidates at the time a vacancy occurs. A. Reinstatement Period--Employees placed on such list shall remain eligible for reinstatement for a period of 2 years from the effective date of resignation. B. Notifying City of Reinstatement Interest--Former employees on reinstatement lists must notify the City in writing of their interest in being considered for any vacant position for which they qualify. Notification of interest by the former employee for consideration will be valid for a three-month period. Failure to notify the City will result in the employee on the reinstatement list not being considered. C. Waiving Reinstatement--A former employee, upon having waived appointment 2 times to the former classification will automatically be removed from the reinstatement list. D. Rehire Process--Reinstated employees may be re-tested and have a background check prior to reappointment, as determined by the personnel officer. The testing 26 Personnel Rules and Regulations Page 27 would be those, or include those, normally given for that classification, and may be any of the following, but it is not limited to this list. A full background review may be conducted, which could include fingerprinting and having a polygraph examination, psychological examination, or medical examination. 27 Personnel Rules and Regulations Page 28 10.01 10.02 10.03 Filling of Vacancies--Vacancies in the classified service shall be made in the following order of priority, with classification reinstatement and re-employment from layoff given the first priority: A. Classification reinstatement. B. Re-employment from layoff for an employee on the re-employment list in order of seniority for the classification to be filled. C. Voluntary or involuntary demotion from one classification to a lower level classification with the approval of the appointing authority. D. Voluntary or involuntary transfer from one classification with essentially the same rate of pay to another classification with essentially the same rate of pay with the approval of the appointing authority. E. An Alternate Employment List. F. Reinstatement from a Reinstatement List. G. Closed/Promotional Employment List. H. Open/competitive, Open Until Filled, or Continuous Employment Lists. I. Where there are no eligible candidates available from the above sources to fill a vacancy, a provisional or temporary appointment may be made. J. If no current active employment lists exists in which to fill the vacancy, recruitment to establish a list may begin. Notice to Appointing Authority--When a vacancy is to be filled, the department head shall submit recommendations as to how it is to be filled to the appointing authority. The appointing authority's approval shall be transmitted to the personnel officer, who shall initiate the necessary documents to commence certification proceedings. Certification of Employment List--Depending on the appointing authority's decision, the personnel officer shall certify one of the employment list as follows. A. Open-Competitive Appointments--If appointment is to be made from an open/competitive employment list, the names of all candidates on the list shall be certified. B. Closed/Promotional Appointments--If appointment is to be made from a closed/promotional employment list, the names of the top four candidates on the list still eligible and available for immediate appointment shall be certified. If a second appointment is to be made from the same closed/promotional employment list, the names of the next four candidates on that list, excepting those already appointed and those no longer eligible or available for consideration shall be certified. 28 Personnel Rules and Regulations Page 29 10.04 10.05 10.06 10.07 C. Continuous Examination Appointments--If appointment is to be made from a continuous examination list, the names of all candidates on the list still eligible and available for immediate appointment shall be certified. D. Open until Filled Examination Appointments--If appointment is to be made from an open until filled examination, the names of all persons on the employment list and available for immediate appointment shall be certified. Probationary Appointment--Following interview, investigation, background check, and recommendation by the department head, the appointing authority may make an appointment from among those eligible candidates interviewed. Alternate Employment Lists--In the absence of an existing employment list for a classification, certification may be made from an active employment list for another classification having similar duties and employment standards. Appointments made in this manner shall be the equivalent in all respects to having appointed from an employment list for the classification in which the vacancy occurred. Provisional or Temporary Appointments--A provisional or temporary appointment may be made by the appointing authority, generally for a period not to exceed six months. The appointing authority may extend such appointments for subsequent periods. No special credit shall be allowed in meeting any qualification, in the giving of any examination component, or the establishment of any employment list for service rendered under such appointments. Employees hired on this basis shall be notified, in writing, that the appointment is of a provisional or temporary nature which does not entitle them to preference in hiring or a right to a regular position. Provisional and temporary employees do not have the right to appeal to the Personnel Board. Appointment of Relatives--The following policies shall govern the employment of the immediate family of any official or employee of the City. A. Family Members of City Officials--Members of the immediate family of City officials shall not become an employee during the official's term. For this provision, City officials means the City Manager, elected officials, and Council-appointed officials and affects Council-appointed Board or Commission members' family only in the area/department in which the board member or commissioner is serving. B. Employment of Immediate Family--A parent, sibling, or child of a City employee may not become an employee within the same division and/or department as the City employee. However, family members may be employed in the same division and/or department if: · The family members are hourly employees. · The family members are employed in a position that is not supervisory to each other. C. Employment of Spouses--A City employee's spouse may not become an employee within the same division and/or department as the City employee, if the appointing 29 Personnel Rules and Regulations Page 30 Do to authority determines that for business masons of supervision, safety, security, or morale, the work of such employees involves potential conflicts of interest or other hazards greater for married couples than for other persons. Persons Marrying After Employment--No City employees, who marry each other after being employed by the City, may work within the shift, unit, or section, if the appointing authority determines that for business reasons of supervision, safety, security, or morale, the work of such employees involves potential conflicts of interest or other hazards greater for married couples than for other persons. Waiver of this Restriction--The appointing authority may waive the restriction set forth in Paragraph C and D above, if the affected department head and the appointing authority determine that, because of the nature of the department and the work assignments in question, the members of the immediate family would have minimal job-related contact with one another and neither would be placed in such a position as to supervise or evaluate the other. 30 Personnel Rules and Regulations Page 31 11.01 11.02 11.03 11.04 11.05 Objective of Probationary Period--The probationary period is part of the testing process and shall be utilized for closely observing and evaluating the regular employee's work to determine suitability for continued employment. Duration--All regular and promotional appointees shall serve a probationary period of not less than one year of actual service and may be extended by mutual agreement not to exceed six additional months. The probationary period for the Police Officer classification shall be 18 months. Evaluations--Department heads shall, during the probationary period of each employee in the department, investigate carefully the probationer's adjustment, performance, and general acceptability to determine if qualified for regular appointment. The employee's supervisor shall submit an evaluation of the probationer's performance at the end of the third, sixth, ninth, twelfth, and where applicable, the fifteenth and eighteenth month of the probationary period, or more frequently, if desired by the department head or the appointing authority. The final probationary report shall include the department head's recommendation to the appointing authority either to retain or reject the probationer. Rejection of Probationer Following Initial Appointment--During the probationary period, an employee may be rejected at any time by the appointing authority without cause and without the right of appeal unless otherwise authorized by the applicable Memorandum of Understanding or compensation plan. Notification of rejection shall be served in writing on the probationer with a copy to be maintained by the personnel officer. Rejection of Probationer Following Promotion--An employee who is rejected during the probationary period following appointment to a higher classification shall be reinstated to that employee's former classification or a similar classification with like duties and responsibilities. This will occur unless disciplinary charges are filed and the employee is discharged in the manner provided in the Personnel Ordinance and in these personnel rules and regulations. 31 Personnel Rules and Regulations Page 32 12.01 12.02 12.03 12.04 12.05 Resignation--Employees leaving the classified service in good standing shall submit a letter of resignation to their immediate supervisor. This letter should be submitted no later than 2 weeks in advance of the effective date of separation, except under extraordinary circumstances. The letter of resignation shall be forwarded to the personnel officer. Transfer--The appointing authority may transfer employees from one position to another position in the same classification or in a comparable classification carrying essentially the same maximum salary and in which the employee is qualified to perform. Testing components may be necessary to establish skill-based qualifications, as determined by the personnel officer. Where a transfer would involve 2 departments, the transfer shall be subject to the approval of both department heads unless the transfer is made for purposes of economy or efficiency. No department head shall unduly withhold the transfer action for a significant period of time. Voluntary Demotion--Based upon an employee's request and with the approval of the department head, the appointing authority may demote an employee to a position that is vacated in a classification which carries a lower rate of pay and for which the employee is qualified to perform. No recruitment process will be announced nor will a formal examination be required for the voluntary demotion to occur. Involuntary Demotion (Not Related to a Layoff Action)--Based upon an employee's demonstrated inability to perform the tasks of the assigned position, the appointing authority may demote an employee to a position in a classification which cames a lower maximum rate of pay and for which the employee is qualified to perform by following the disciplinary procedures outlined in these personnel rules and regulations and in any applicable Memorandum of Understanding. No recruitment process or formal examination will be required for the involuntary demotion to be made. Layoff-- A. Layoff Provision--The City may abolish any position and layoff, reassign, demote, or transfer an employee holding such positions when the appointing authority determines that it is economically necessary because of lack of work or lack of funds, because of a material change in duties or a material change in the organization, or because the duties of the position or the employment involved is no longer necessary. Notification of such layoffs shall follow the procedures outlined in the applicable Memorandum of Understanding if different than the procedures that are outlined in these personnel rules and regulations 32 Personnel Rules and Regulations Page 33 B. Seniority--For the purpose of layoff seniority is defined as length of continuous regular employment with the City in a particular classification, except for time served as a provisional or temporary employee. Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized FMLA- qualifying or military leave, granted pursuant to the State of California's Military and Veteran's Code. C. Order of Layoff--All provisional and temporary employees must be separated from City employment prior to the layoff of any probationary or regular employee in the same classification. D. Department-specific Layoff-- 1. Department Order of Layoff--The order of layoff in the affected department shall be as follows: · Probationary employees in reverse order by seniority. · Regular employees in reverse order by seniority. 2. Identical City Service--Should 2 or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. Whenever 2 or more employees have identical classification seniority, the order of layoff shall be determined by an established departmental seniority policy, such as badge numbers in Safety Departments or by lottery, etc. E. Notice of Layoff--Employees shall be provided written notice and the reasons thereof a minimum of 20-working days prior to the effective dates of layoff, by certified mail or by being personally served. An employee receiving said notice may respond within 5-working days in writing to the appointing authority. The employee's representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the layoff and any proposed alternatives which do not include the consideration of the merits, necessity, or organization of any service or activity. F. Reassignment in Lieu of Layoff--In the event of notice of layoff, any employee so affected will be allowed to transfer to a vacant position. 1. Vacant Position in the Same Classification--If there are no vacant positions in the employee's current classification, the employee will be offered a vacant position in any former classification, first within the affected department and then City- wide, which the employee once held as a regular employee. Such positions will only be offered if the employee still meets the minimum qualifications of the classification and the compensation is at the same or at a lower rate of pay. 2. Vacant Position in a Former Classification---~ the event that there are no vacant positions in the same classification, an employee will be offered a vacant position in any classification at the same or lower rate of pay in which regular status had formerly been held and for which qualified, first in the affected department and then Citywide. 3. Bumping in the Same Classification--In the event them are no vacant positions in the same or former classifications, an employee may bump a less senior employee in the same classification. If an employee bumps a less senior employee, then the 33 Personnel Rules and Regulations Page 34 Go Ho layoff procedures that are outlined in these personnel rules and regulations will be initiated. 4. Displacement in Lieu of Layoff--In the event there are no vacancies in the laid-off employee's current classification, and bumping is initiated, the laid-off employee shall have the opportunity, upon request, to be returned to any classification in the department at the same or lower salary, in which the employee meets the minimum qualifications. If this occurs, then the layoff procedures that are outlined in these personnel rules and regulations will be initiated. 5. Salary When Displaced--Employees transferred, reassigned, or demoted under this layoff provision will be assigned to a step in the new classification's salary range closest, but not exceeding, the employee's salary at the time of the layoff action. Depending on the circumstances, an employee's salary may be y-rated. Y- rated salary occurs when an employee's current rate of pay is frozen until such time that the new position's hourly rate of pay surpasses the y-rated rate. All other benefits will be the same as to the position assigned. Declining Layoff Rights-- 1. Declined Work--In the event that an employee is not reassigned in lieu of layoff, the employee shall be laid off. If an employee elects not to exercise the layoff rights, the employee will be deemed to have been offered and declined reassignment and will be laid off. 2. Accrued Leaves--Laid-off employees, when separated from City service as a result of a layoff, will be paid for all accrued vacation leave and other discretionary leaves in accordance with the applicable Memorandum of Understanding. Layoff Re-employment Lists-- 1. Reduction-in-Force Reinstatement List--Probationary and regular employees, who are reclassified and/or demoted as a result of a reduction in force, shall have their names placed on a reinstatement list in order of seniority. Vacant positions within the classification shall first be offered to employees on this list. 2. Re-employment List--Employees who are laid off shall have their names placed on a re-employment list in order of seniority which, in the opinion of the personnel officer, requires basically the same qualifications, duties, and responsibilities as those of the classification from which the layoff occurred. Vacant positions in such classifications shall be offered to eligible candidates on the re-employment list, who qualify for such vacancies prior to a recruitment commencing. Time Period of Re-employment Lists--No name shall be carded on any reduction- in-force re-employment list for a period longer than 2 years. Refusal to accept two offers of re-employment or reinstatement within the same, a comparable, or a lower classification shall cause the name to be dropped from the list. Individuals not responding to written notification, by Certified Mail, forwarded to their last given address, of an opening within 7-calendar days from mailing, shall have their names removed from a re-employment list. Individuals who no longer meet o 34 Personnel Rules and Regulations Page 35 o current employment standards (i.e., certification, licenses, etc.) shall have their names removed from the list. Probationary Employees Rehired after Layoff--Probationary employees appointed from a re-employment list must serve the remainder of their probationary period or at least six more months of probation, whichever is longer, if returned to their former classification within the same department. To attain regular status, if a probationary employee is re-employed or reinstated to the same classification within a different department the full probationary period must begin again. If a probationary employee is re-employed to another classification for which qualified, the full probationary period must begin again. 35 Personnel Rules and Regulations Page 36 13.01 Action by City--The City may take disciplinary action against any employee for misconduct of any violation of these personnel rules and regulations, departmental rules and regulations, or any City procedures or any laws. This section shall only apply to employees who have regular, represented status in a classified position. All other employees are at-will and can be terminated at any time, with or without cause or notice. A. Types of Disciplinary Action--Disciplinary action includes but is not limited to written reprimand, suspension, demotion, reduction in pay, or termination of employment. B. Emergency Disciplinary Action--All disciplinary action taken against an employee must receive the prior approval of the appointing authority except under emergency circumstances which dictate immediate suspension of the employee by the department head or designee. In such cases, the employee's department head shall immediately report the action taken to the appointing authority, who shall review the case and make a determination concerning the appropriateness of the suspension and of further disciplinary action. C. Reasons for Discipline-- 1. AFSCME Members--Disciplinary action may be taken for misconduct, including but not limited to the grounds for discipline as stated in California Government Code sections 19572 and 19572.1 as amended. The City will incorporate the grounds for discipline as outlined in these Government Code sections, and where the State is referenced, it shall mean the City. 2. All Other Bargaining Units Members--Disciplinary action may be taken for misconduct, including but not limited to: a. Absence without authorized leave. b. Any act or threat of workplace violence or fighting on the job. c. Appearing or remaining on duty during work hours while under the influence of alcohol, controlled substances, non-prescription or unauthorized narcotics, or dangerous drags. d. Bribery or the receiving of or the giving of other unlawful gifts or gratuities. e. Careless, negligent, unauthorized, or improper use of City property, equipment, or funds for private purposes or involving its damage or risk of damage to it. f. Chronic absenteeism or the pattern of frequently failing to report for duty at the assigned place and time. g. Conviction of a crime affecting the employee's suitability for employment with the City. h. Dereliction of duty. i. Dishonesty. 36 Personnel Rules and Regulations Page 37 13.02 j. Failure to maintain grooming, clothing, or uniform standards. k. Falsifying a timecard or other City records. 1. Fraud in securing employment; falsifying City or employment records, including job information in order to secure a position; misstatement of fact on an application or other personnel document. m. Gross negligence. n. Improper use of authority for personal gain or satisfaction. o. Incompetence or negligence in the performance of duties, including failure to perform assigned tasks or failure to discharge duties in a prompt, competent, and responsible manner. p. Inexcusable neglect of duty. q. Insubordination. r. Non-compliance of the Conflict of Interest Codes. s. Offensive treatment of the public or of another employee. t. Refusing or failing to perform work assigned; refusing or failing to perform a lawful direct order. u. Sleeping on the job. v. Theft of City equipment or supplies, or theft from a co-worker. w. Unauthorized release of confidential information from official records. x. Unfitness for duty. y. Unlawful discrimination, harassment, or retaliation. z. Unsatisfactory work record. aa. Willful failure to follow work rules or to perform work as required. bb. Willful failure to observe City safety rules. Written Notice of Proposed Disciplinary Action-~The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstances require the City to take immediate action to remove the employee from the workplace. In such cases of immediate disciplinary action, written notice containing the information set forth below shall be provided to the employee within 2-working days from the date of the action. A. Notice Served--In all cases, written notice of disciplinary action shall be served on the employee personally or by mail. Unless immediate discipline is required, notice shall be provided no later than 10-working days before the disciplinary action is to be effective. A copy of the notice shall be placed in the employee's personnel file. B. Notice Contents--The written notice shall contain the following information: · The type of disciplinary action. · The effective date of the disciplinary action. · The reason or cause for the disciplinary action. · Notice that the employee may inspect copies of all materials upon which the disciplinary action is based. 37 Personnel Rules and Regulations Page 38 13.03 13.04 13.05 · Notice that the employee has the right to respond either orally or in writing to the appointing authority imposing the disciplinary action within 10-working days of the notice of the proposed disciplinary action. · Notice that the employee has a right to representation. Failure to Respond to Proposed Disciplinary Action--Failing to respond to the appointing authority within 10 days of notice of the proposed disciplinary action waives the employee's right to further appeal. Responding to Proposed Disciplinary Action--The employee who responds to the appointing authority within the designated time period, indicating a wish to appeal the proposed discipline, shall be afforded a meeting with the appointing authority or designee within a reasonable time period. The employee has a right to respond to the charges either orally or in writing as outlined in the applicable Memorandum of Understanding. The employee has the right to be represented when providing a response or at any subsequent proceeding. Once the meeting has been held, the appointing authority has 10- working days to issue a written decision. Appeals of Disciplinary Action--If a meeting has been held and the appointing authority has imposed disciplinary action, the affected employee shall have the right of appeal. Such appeals shall be filed at the fifth step of the grievance procedure as set forth in these personnel roles and regulations. 38 Personnel Rules and Regulations Page 39 14.01 Definition of Grievance-- A. Grievance Definition--A grievance is defined as any dispute involving the interpretation, application, or alleged violation of: · Any provision of the applicable Memorandum of Understanding between the City of South San Francisco 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. · The City's Personnel Ordinance and these personnel rules and regulations where the provision in dispute is within the scope of representation. · Disciplinary action taken against regular employees pursuant to these personnel rules and regulations. B. Alternate Appeal Procedure--Should any dispute concern an agreement, rule, action, or law that provides for a separate appeal procedure, the dispute shall be excluded from this section and the parties shall use the alternate or separate appeal procedure to resolve the dispute. C. Disciplinary Appeals--Once a proposed disciplinary action has been imposed, the affected employee shall have the right of appeal. Such appeals shall be filed at the fourth step (City Manager level) of the grievance procedure as set forth in these personnel rules and regulations. D. Immediate Supervisor--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-- A Grievance Steps--A grievance is addressed in accordance with each employee's applicable Memorandum of Understanding. The general steps in the grievance procedure are as follows. Note that some steps in the grievance procedure may be eliminated if the employee reports to a department head or if the employee's second- line supervisor is the department head. 1. Step 1-Immediate Supervisor--Employees shall bring their grievances to the attention of their immediate supervisor within 5-working days of the occurrence of the act causing the basis for the grievance. If the grievance is not resolved at this step within 15-working days of the date the grievance is raised with the immediate supervisor, the employee shall have the right to submit a formal written grievance to the employee's second-line supervisor. If the employee chooses to formally pursue the grievance, it shall be presented in writing within 15-calendar days after the date upon which the grieving employee informally discussed the grievance with immediate supervisor. The written grievance shall contain the following information: 39 Personnel Rules and Regulations Page 40 · The name and signature of the grievant. · The grievant's department and specific work site. · The name of the grievant's immediate supervisor. · A statement of the nature of the grievance, including date and place of occurrence. · The specific provision, policy, or procedure alleged to have been violated. · The remedies sought by the grievant. · The name of the individual or organization, if any, designated as the grievant's representative 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. 2. Step 2-Response to Formal Grievance--Within 15-calendar days of receipt of the written grievance, the immediate supervisor shall return a copy to the employee with an answer in writing. If the grievance is not resolved at this level, the employee shall have 15-calendar days from receipt of the answer in which to file an appeal to the department head. 3. Step 3-Department Head--An employee dissatisfied with the decision of the second-line supervisor in Step 1 may submit the written grievance to the department head within 5-working days from the date of the immediate supervisor's decision. The department head or designee shall respond to the grievance in writing within 15-working days from the date of its receipt. 4. Step 4-City Manager--If the employee is dissatisfied with the decision of the department head in Step 3, the written grievance may be submitted through the department head to the City Manager, within 10-working days from receipt of the department head's response. The City Manager or designee shall respond to the grievance in writing within 15-working days of its receipt. Within this period, at the City Manager's discretion, an informal heating involving the parties to the dispute may be conducted. 5. Step 5-Personnel Board--In accordance with applicable Memorandum of Understanding, if dissatisfied with the decision of the City Manager, the employee may submit the grievance to the Personnel Board. The employee must file notice of appeal in writing with the personnel officer within 15-working days of receipt of the City Manager's decision. The personnel officer shall provide written notice of the appeal to each Personnel Board member, to the department head, to the employee organization involved if applicable, and to such other parties as may be deemed appropriate. Personnel Board Hearing--To the extent feasible, the Personnel Board shall hear the grievance at its next regular meeting following 10-calendar days after receipt of the appeal, but in no event later than the second regular meeting after the grievance is submitted. The personnel officer shall provide advance written notice of the hearing to all parties involved. 4o Personnel Rules and Regulations Page 41 C. Personnel Board Hearing Meeting--All 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 affecting the length and conduct of the heating. D. Open or Closed Hearing--Heatings conducted by the Personnel Board relating to general classified service matters, such as recruitment, examination, appointment, or promotion shall be open to the public unless the City determines that it impacts the privacy of individual employees. Any heating involving an appeal of disciplinary action shall be closed to the public and attendance shall be limited to those who need to attend, unless the employee requests a public hearing. At the request of either side, any and all witnesses can be sequestered. E. Personnel Board Decision--The Personnel Board shall render its decision in writing within 10-working days following the close of the heatings and shall furnish copies of such decisions to all parties involved. The Personnel Board, upon making a finding of necessity, supported by substantial evidence, may extend the deadline for rendering its decision for an additional 15-working day period. The Personnel Board may also extend the timeline for submitting its written decision by mutual agreement of both parties. The majority findings of the Board shall be the binding, except in instances where they entail capital or unbudgeted expenditures of a significant amount. In those cases where significant costs are part of the Personnel Board's decision, the ruling shall be submitted to the City Council for action, which may include modification or reversal, but cannot include increasing the severity of the discipline. 14.03 General Conditions-- A. Extended Time Limits--Any time limit set forth above may be extended by mutual written agreement between the City and the grievant or the recognized employee organization representing the grievant. B. Failure to Comply with Time Limits--Failure on the part of the grievant or the grievant's 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 re-submittal. 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. Representation--Except as provided in these personnel rules and regulations, the grievant shall be entitled to have a representative of own choosing present at any grie meetin with the City. 41 Personnel Rules and Regulations Page 42 15.01 15.02 15.03 15.04 Responsibility for Training--The City Council encourages the training of City employees and directs the responsibility for developing employee training programs to be assumed jointly by the appointing authority, the personnel officer, and department heads. Such training programs may include lecture courses, demonstrations, assignments of reading matter, or such other resources as may be available for the purpose of improving the effectiveness and broadening the knowledge of employees in performing their duties. Credit for Training--Participation in and successful completion of special training courses may be considered in making advancements and promotions. The employee shall file evidence of such activity with the department head, who shall forward a copy to the personnel officer for retention in the employee's official personnel file. Promotional Training Program--Department heads may institute a training program for employees in their department for promotional purposes, which may include the temporary assignment of such employees. How temporary assignments are made may be addressed in specific memorandums of understanding or compensation plans. Safety Program--The appointing authority shall establish a safety program and a Central Safety Committee, which shall include employee and management representation. The Central Safety Committee shall, among other duties, be charged with reviewing each on- the-job injury and each vehicle accident with a view to making any needed safety policy and program recommendations to the appointing authority. The personnel officer is the designated safety representative for the City's safety program. 42 Personnel Rules and Regulations Page 43 16.01 16.02 16.03 16.04 Personnel Files--The personnel officer shall maintain in a central City office an official personnel file for each employee in the service of the City. The file shall contain name, classification title, the department to which assigned, salary, changes in employment status, any disciplinary actions, and such other information as may be considered pertinent. All personnel files are the property of the City. Employee Access to Personnel Files--As provided for in Government Code Section 53060.3 and Labor Code section 1198.5, upon the request of an employee, the City at a time that is reasonable to the City, shall provide the employee the opportunity to inspect and to obtain a copy of any materials in the employee's official personnel file. This inspection and copying does not apply to records confidential to the employee, such as files relating to pre-employment background information or investigation files of a possible criminal offense. Change of Status Report--Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or regular change in status of an employee shall be reported to the appointing authority by the use of designated procedures, such as a Personnel Action Form. Employee Evaluations--Employee performance, at a minimum, shall be evaluated on an annual basis, which shall be on forms provided by the personnel officer, and which may be augmented according to specific departmental or classification criteria. Evaluations shall be done by the employee's immediate supervisor and should be reviewed by the next higher supervisor, where applicable. The employee shall sign the performance evaluation only to verify that the supervisor has discussed the evaluation with the employee. Evaluations will be reviewed by the department head and forwarded to the personnel officer for inclusion in the employee's official personnel file. Evaluations are not subject to the grievance procedures specified herein. Employees will also be evaluated under the following circumstances: · Quarterly during the probationary period as provided in these personnel rules and regulations or the applicable Memorandum of Understanding. · At any time for exceptional or unsatisfactory service. 43 Personnel Rules and Regulations Page 44 17.01 17.02 17.03 17.04 17.05 17.06 Outside Employment--An employee may not engage in any outside employment, business, or undertaking that is incompatible, inconsistent, detrimental to, or in conflict with the employee's duties or service with the City. An employee must notify his/her department head of any outside employment. In determining whether a potential conflict exists, the department head shall be guided by Government Code Section 1126. Political Activities--Political activities of employees are governed by applicable state and federal laws. Cooperation of City Employees--Employees of the City of South San Francisco shall cooperate with the Personnel Board and the personnel officer in order to fulfill completely the objectives and purposes of the Personnel Ordinance and these personnel rules and regulations. Conflict of Interest Codes--The City Clerk shall maintain a copy of the Conflict of Interest Code adopted by the City Council. Those employees so required shall comply with the code. Employees shall not participate in or attempt to use their official positions to influence a governmental decision in which they have a financial interest. In addition, employees shall not be financially interested in any contract made by them in their official capacity or by any body of which they are members. Nor shall employees be purchasers at sale, or vendors of any purchase made by them in any official capacity. Non-compliance of this provision could subject an employee to disciplinary action. Girls, Favors, and Remuneration--In accordance with specific departmental rules and regulations, no employee shall accept any significant gift, whether in the form of money, things, favors, loans, or promises that would not be offered or given if the employee were not in the employ of the City of South San Francisco. Confidentiality---Confidential information concerning any employee, elected official, or appointed official of the City of South San Francisco shall not be disclosed unless authorized by the personnel officer or the appointing authority. Confidential or sensitive information about any other person, firm, association, group, partnership, or corporation doing business with the City is not to be discussed. Furthermore, sensitive information about the property or affairs of the City shall not be disclosed without authorization of the public body having jurisdiction over such information. 44 Personnel Rules and Regulations Page 45 17.07 Dress and Grooming Requirements--The City shall set standards of dress appropriate for the position, such as grooming requirements, uniform requirements, and/or clothing requirements. 45 Personnel Rules and Regulations Page 46 1. Acting Assignment--A temporary appointment of a regular employee to an assignment, usually at a higher rate of pay as may be prescribed in applicable Memoranda of Understanding or compensation plan. 2. Advertising Media--Written, televised, or electronic media, TV channels, or websites, which serve the City of South San Francisco. Other advertising sources may also be used and advertising need not be limited to only those sources serving the City. 3. Allocation--The assignment of a position to its proper job classification in accordance with its duties and levels of responsibility. 4. Applicant--A person who has completed and submitted application materials with the Personnel officer for a position in the City of South San Francisco. 5. Appointing Authority--As defined by the Municipal Code, the City Manager is the person responsible for appointing, control, supervising, disciplining, and removing employees of the City. 6. Appointment--The offer and acceptance by a candidate of a position in the classified service pursuant to the provisions of the Personnel Ordinance and these personnel rules and regulations. The type of appointment may be as follows: A. Initial Appointment The initial appointment of an employee to a position in the classified service. B. Promotional Appointment--An appointment of a current employee to a position in a higher classification in the classified service. C. Temporary, Provisional, or Interim Appointment--An appointment of a person, who may not have been through the testing process, to fill a position for a limited period of time. D. Unclassified Appointment--The appointment of a person to fill a position that is not in the classified service. 7. Board--The Personnel Board of the City of South San Francisco. 8. Candidate--An applicant whose application materials have been accepted for participation in the examination process for an available position in the classified service. Certification--The submission of names of eligible candidates from an appropriate employment list by the Personnel officer to a department head or designee. 10. CityRThe City of South San Francisco. 11. City Council--The duly elected governing body of the City of South San Francisco. 12. City Manager--The individual appointed by the City Council to manage all City of South San Francisco operations, departments, polices, and rules. The City Manager is the appointing authority for all positions within the City of South San Francisco and may appoint a designee. o 46