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CC RESOLUTION 3995RESOLUTION NO. 3995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR CHANGES TO CHAPTER 1A2 (MANAGEMENT - CONFIDENTIAL SERIES) OF THE EL SEGUNDO ADMINISTRATIVE CODE The City Council of the City of El Segundo, California does resolve as follows: Section 1. Section 1A2.115 of the El Segundo Administrative Code, entitled "Education Expenses - Reimbursement," shall be modified as follows: Management Confidential employees shall, upon an approved application and agreement to the provisions of this section, be reimbursed one hundred percent of the cost of tuition and books to a maximum of $1,250 per calendar year for work - related college courses; provided, however, such courses have been approved by the City Manager. Employees terminating employment with the City voluntarily or through termination with cause within two months from completion of course work shall have deducted from their final pay 100 percent of the amount reimbursed; thereafter, ten percent less than 100 percent shall be deducted from their final pay for each full month worked from the date of the completion of the course. Participation in the program for mid - management and confidential employees is limited to those who have successfully completed their initial probationary period. Section 2. Section 1A2.130 of the El Segundo Administrative Code, entitled, "Uniform Allowances," shall be modified as follows: The City shall provide required uniforms and safety equipment to sworn management employees in the Police and Fire Departments. Employees currently eligible for a uniform cleaning allowance shall continue to receive the existing amounts as listed below: Classification /Position Fire Chief Battalion Chief, Police Chief, Police Captain Non - Patrol Lieutenants Patrol Lieutenants Per Month of Active Duty $33.00 $40.00 $53.00 Section 3. Section 1A2.151, entitled "Grievance Policy," shall be added to the El Segundo Administrative Code as follows: I. DEFINITION OF TERMS A. Grievance - A grievance is an allegation of a violation, misinterpretation or misapplication of a specific written departmental or agency rule or regulation or a • specific provision of a memorandum of understanding. A grievance is distinct from an appeal in that it is a violation, misinterpretation or misapplication of a specific written departmental or agency rule and /or policy or a specific provision of a memorandum of understanding. B. Grievant - A grievant is an employee or group of employees allegedly adversely . affected by an act of omission of the agency. C. Day - A day is a calendar day. D. Immediate Supervisor - The first level supervisor of the grievant. II. TIME LIMITS A. Compliance and Flexibility - With the written consent of both parties, the time limitation for any step may be extended or shortened. B. Calculation of Time Limits - Time limits for the appeal provided in each level shall begin the day following receipt of a written decision or appeal by the employee or employees. C. Failure to Meet Timeliness - Failure at any level of this procedure to communicate the decision on a grievance by the City within the specified time limits shall permit lodging an appeal at the next level of the procedure within the time allotted had the decision been given. If the grievance is not processed by the grievant or grievants in accordance with the time limits, the decision last made by the City shall be deemed final III. PROCEDURE Grievances will be processed following the procedures set forth below. A. Level I - Within ten (10) days of the date the employee reasonably knew or should have known of the incident giving rise to the grievance, the employee should make an effort to resolve the grievance with the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the grievance within five (5) days from the time the employee meets with the supervisor to discuss the employees grievance. B. Level II - In the event such efforts do not produce a mutually satisfactory resolution, the grievant shall have ten (10) calendar days to file a formal written grievance with the employee's immediate supervisor after the 15 day time period provided in Level I. The immediate supervisor shall, within 5 days, provide a written response to the grievant. Procedure for Filing a Grievance In filing a formal written grievance, the employee should set forth the following information: a. The specific section of the departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. b. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. C. The date or dates on which the violation, misinterpretation or misapplication occurred. • d. What documents, witnesses or other evidence supports the grievant's position. e. The remedy requested. C. Level III - If the formal written grievance is not resolved by the immediate supervisor, . the grievant may present the grievance in writing to the department head within five (5) days of the written response from the immediate supervisor. The department head shall respond in writing within ten (10) days. • Level IV - If the grievance is not resolved by the department head, the grievant may present the grievance in writing to the City Manager within five (5) working days of the Department Heads written response. The City Manager or his /her designee will conduct an informal hearing and render a decision. Each party shall have the right to present witnesses and evidence at the hearing. The conclusions and findings of this hearing shall be final. IV. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE IM A. The grievance procedure cannot be used for the purpose of resolving complaints, requests or changes in wages, work hours or working conditions. B. The grievance procedure cannot be used to challenge employee evaluations or performance reviews. C. The grievance procedure cannot be used to challenge the merits of a reclassification, lay -off, transfer, denial of reinstatement, or denial of a step or merit increase. D. The grievance procedure cannot be used in cases of reduction in pay, demotion, suspensions or a termination which are subject to the formal appeal process outlined in Ordinance 586. Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a conference at any level of the grievance procedure. Section 4. Section 1A2.152, entitled "Catastrophic Leave Bank Policy" shall be added to the El Segundo Administrative Code as follows: The City shall institute a Catastrophic Leave Bank as follows: PURPOSE To establish a program whereby City employees may donate accumulated time to a catastrophic sick leave bank to be used by permanent, part-time and full -time employees who are incapacitated due to a catastrophic illness or injury. IL DEFINITION A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. Ili. PROCEDURES A. There is established a joint - employer /employee committee composed of an individual from each recognized employee organization and a representative of City Administration charged with administering the Catastrophic Leave Bank. • B. Employees may transfer sick leave, vacation or compensatory leave to the Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms provided by the City of El Segundo. The employee to receive the donation will sign the 'Request to Receive Donation" form allowing publication and distribution of information regarding his /her situation. C. Sick leave, vacation and compensatory time leave donations will be made in increments of no less than one day. These will be hour for hour donations. D. Employees must, at the time of donation, have a minimum of one hundred and twenty (120) hours of accumulated illnesslnjury leave remaining after a donation has been made. E. The donation of time is irrevocable. Should the recipient employee not use all of the donated time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave Bank to be administered by the committee and utilized for the next catastrophic leave situation. Section 5. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 21st day of January 1997. ATTEST: indy Mo e , City Clerk (SEAL) APPROVED AS TO FORM: Mark D. H nsley, City Attorney Xf Sandra Jacobs, a r of the City of El Segun California CERTIFICATION STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 3995 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 21 day of January; 1997, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman Friedkin, and Councilman Gordon NOES: None ABSENT: Councilman Weston ABSTENTION: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 22nd day of January, 1997. Cindy rtesen, ity Clerk of the City of El Segundo, California (SEAL)