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HomeMy WebLinkAboutResolution No. 2651 RESOLUTION NO. 2651 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PERSONNEL MANUAL (RESOLUTION NO. 2554) RELATIVE TO 1) CONDUCT OF GRIEVANCE PROCEDURE 2) MANAGEMENT AND CONFIDENTIAL EMPLOYEES, AND 3) ABSENCE WITHOUT LEAVE THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. Part IV of the Downey City Personnel Manual is hereby amended by amending Section C (Formal Grievance) of Section 11 (Rule 9) thereof, by adding to subsections 3 and 4 thereof to read as follows: 3) Methods of Procedure a) The time limits specified in Subsection 2 may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. b) The employee may request the assistance of another person of his own choosing in preparing and pre- senting his appeal at any level of review. c) The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate department head in conferring about and presenting the appeal. 4) Employees shall be assured freedom from reprisal for using the grievance procedures. SECTION 2. Part IV of the Downey City Personnel Manual is hereby amended by adding thereto a new section to be designated as Section 12 (Rule 10- Designation of Management and Confidential Employees) to read as follows: SECTION 12. Rule 10- Designation of Management and Confidential Employees. In accordance with Section 3507.5 of the Government Code, the City Manager shall designate the management and confidential employees of the City, who are therefore restricted from representing any employee organization which represents other employees of the City on matters within the scope of representation according to the following standards: a) Management Employees. Employees having significant responsibilities for formulating and administering City policies and programs. b) Management Employees: "Middle Management ". Employees having authority to exercise independent judgment to hire, transfer, suspend, lay -off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action where the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. c) Confidential Employees. Employees who are privy to decisions of city management affecting employer - employee relations. Employees designated as Management or Confidential Employees shall be notified in writing by the City Manager of such designation, a copy of such notice shall also be filed with the City Clerk. SECTION 3. Part V, Article IX, Section 1 (Attendance) of the Downey City Personnel Manual is hereby amended by adding two new sentences at the end thereof to read as follows: "Any unexcused absence for three consecutive working days shall be cause for immediate discharge, and shall constitute an automatic waiver of all rights under the personnel ordinance and rules, unless prevented from reporting by personal physical infirmity. The City Manager may waive the termination without loss of any rights or privileges if he deems it in the best interest of the City to do so." SECTION 4. Part V, Article IX, Section 6 (Leave of Absence) of the Downey City Personnel Manual is hereby amended by changing the last sentence thereof to read as follows: "An employee shall report promptly upon the expiration of any leave granted, failure to report within a 24 -hour period after expiration of the leave shall be cause for discharge." SECTION 5. The City Clerk shall certify to the adoption of this Resolution and provide for appropriate distribution thereof. APPROVED AND ADOPTED this 25th day of January , 1972. Mayor ATTEST: /if& 4( AL. City C e I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 25th day of January , 1972, by the following vote, to wit: AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Clerk -2-