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06/14/2021 Personnel Commission Regular Agenda Packet
CITY OF GILROY PERSONNEL COMMISSION AGENDA Monday, June 14, 2021 at 5:30 p.m. — Regular Meeting --------------------------------------------------------------------------------------------------------- Catherine Cummins, Chair Annie Tomasello, Vice Chair Robin Bronze, Commissioner Nita Edde-Mitchell, Commissioner Sholly Nicholson, Commissioner Public comment will be taken on any agenda item before action is taken by the Personnel Camnission. Persons speaking on any matter are requested, but not required to state their name. Public testimony is subject to reasonable regulations, including, but not limited to, time restrictions for each individual speaker. PUBLIC PARTICIPATION IN THIS MEETING WILL BE LIMITED. THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR'S EXECUTIVE ORDER N-29-20 MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org. In order to minimize the spread of the COVID 19 virus, the City will be offering telephone and email options for public comments at this meeting. The public is encouraged to participate in this meeting by as follows: VIEW THE MEETING LIVE ON FACEBOOK https://www. facebook. com/GilroyCityHallMeetings PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE PERSONNEL COMMISSION. COMMENTS MAY BE EMAILED PRIOR TO OR DURING THE MEETING TO LEEANN MCPHILLIPS AT LeeAnn.McPhillips(a)cityofpilroy.org AND MUST BE RECEIVED BEFORE THE CHAIRPERSON OPENS PUBLIC COMMENT FOR THE ITEM. ADDITIONALLY, COMMENTS MAYBE MADE BY LEAVING A VOICE MESSAGE AT 408-846-0205, PRIOR TO 5:00 P.M. on Monday, June 14, 2021. IMPORTANT: identify the Agenda Item Number or PUBLIC COMMENT in the subject line of your email. The Clerk will read the first three minutes of each email into the public record. In compliance with the Americans with Disabilities Act, and Governors Order N-29-20, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City a minimum of 2 hours prior to the meeting at (408) 846-0205. KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMIVHSSION STAFF AT (408) 846-0204/shawna.freels@cityofgilroy.org. Materials related to an item on this agenda submitted to the Personnel Commission after distribution of the agenda packet are available for public inspection with the agenda packet on the City website at www.cityofgilroy.org/AgendaCenter 1) OPENING A) Call Meeting to order (Chairperson Cummins) B) Roll Call (HR Director, LeeAnn McPhillips) C) Report on Posting of the Agenda (HR Director, LeeAnn McPhillips) 2) COMMUNICATIONS BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Public comment by members of the public on items NOT on the agenda, but within the subject matter jurisdiction of the Personnel Commission. Please limit your comments to three (3) minutes. (This portion of the meeting is reserved for person desiring to address the commission onmatters not on the agenda. The law does not permit Commission action or extended discussion of any item not on the agenda except under special circumstances. If Commission action is requested, the Commission may place the matter on a future agenda.) 3) APPROVAL OF MINUTES A) Approval of Minutes for the Meeting of December 14, 2020 (report attached) B) Approval of Minutes for the Meeting of March 8, 2021 (report attached) 4) HUMAN RESOURCES DIRECTOR'S REPORT 5) INFORMATIONAL ITEMS A) Recruitment and Employment Status Report (report attached) B) City Workforce COVID-19 Update C) Annual Presentation to City Council — December 6, 2021 6) NEW BUSINESS A) Updates to the Job Description for the Position of Fleet Superintendent (report attached) B) Updates to the Job Description for the Position of Engineer I (report attached) 7) TRAINING A) Overview of the City of Gilroy Personnel System — Presentation by Erin Kunze, Liebert Cassidy Whitmore Public Employment Law Firm (report attached) 8) FUTURE PERSONNEL COMMISSION BUSINESS A) Employee Reclassifications B) Updates to City Clerk Job Description 9) MEETING ADJOURNMENT NEXT MEETING OF THE PERSONNEL COMMISSION The next regularly scheduled meeting of the Personnel Commission is Monday, July 12, 2021 at 5:30 p.m. MEETING SCHEDULE The City of Gilroy Personnel Commission meets regularly on the second Monday of each month at 5:30 p.m. If a holiday should fall on the regular meeting date, the meeting will be rescheduled to the following Monday. City of Gilroy PERSONNEL COMMISSION MINUTES December 14, 2020 Regular Meeting — DRAFT MINUTES Members Present Members Absent Robin Bronze Catherine Cummins Sholly Nicholson Nita Edde-Mitchell Annie Tomasello Commissioner Tomasello called the meeting of December 14, 2020 to order at 5:36 p.m. Human Resources Director McPhillips reported that the agenda was posted on Friday, December 11, 2020 at 9:00 a.m. Roll call was taken noting that Commissioners Bronze, Nicholson, and Tomasello were present. Commissioners Cummins and Edde-Mitchell were absent. II. COMMUNICATIONS BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA- None. III. APPROVAL OF MINUTES A. For the meeting dated October 12, 2020 —On a motion from Commissioner Bronze, seconded by Commissioner Nicholson, the October 12, 2020 Regular Meeting minutes were approved on a 3-0 vote. IV. HUMAN RESOURCES DIRECTOR'S REPORT — no report. V. INFORMATIONAL ITEMS A. Recruitment & Employment Status Report— report on recruitment activity was reviewed with Commission; questions answered; report received. B. 2021 Personnel Commission Meeting Schedule — the annual schedule for 2021 was shared with the Commission; regular meetings are the second Monday of each month at 5:30 p.m. C. City Workforce Covid-19 Update — brief report provided on how the city is addressing the Covid-19 issues with employees. D. City Council Interviews for Boards & Commissions — Personnel Commission has one term ending December 31, 2020 — reported that City Council was conducting interviews tonight (12114) and that Council would be making a selection for the open seat on the Commission. Follow-up Note — Catherine Cummins was selected by the City Council to fill the vacantfour- year term beginning January, 2021. VI. NEW BUSINESS A. Approve updates to the job description for the classification of Public Works Director; staff report provided by Human Resources Director; Commission discussed the report; there was no public comment; Commissioner Nicholson made a motion to approve the updated job description for the classification of Public Works Director; Commissioner Bronze seconded the motion; motion passed 3-0. Page 1 of 2 B. Approve updates to the hourly rates for select part-time/temporary/seasonal positions to comply with the January 1, 2021 minimum wage requirements - staff report provided by Human Resources Director; Commission discussed the report; there was no public comment; Commissioner Nicholson made a motion to approve the updated pay rates to comply with the minimum wage requirement; Commissioner Bronze seconded the motion; motion passed 3-0. VIL FUTURE PERSONNEL COMMISSION BUSINESS A. Selection of Chair and Vice Chair for 2021 VIII. ADJOURNMENT - the meeting adjourned at 5:53 p.m. on motion from Commissioner Bronze, seconded by Commissioner Tomasello; motion passed 3-0. Respectfully Submitted, i 0/ � I • , , ll_ ,..ice. LeeAnn McPhillips Human Resources Director/ Staff to the Pcisouncl Cowmis6iuu Page 2 of 2 City of Gilroy PERSONNEL COMMISSION MINUTES March 8, 2021 Regular Meeting — DRAFT MINUTES Members Present Members Absent Robin Bronze Sholly Nicholson Catherine Cummins Annie Tomasello Nita Edde-Mitchell I. REPORT ON POSTING THE AGENDA AND ROLL CALL Chairperson Edde-Mitchell called the meeting of March 8, 2021 to order at 5:49 p.m. Human Resources Director McPhillips reported that the agenda was posted on Friday, March 5, 2021 at 2:35 p.m. Roll call was taken noting that Commissioners Bronze, Cummins, and Edde-Mitchell were present. Commissioners Nicholson and Tomasello were absent. II. COMMUNICATIONS BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA- None. III. APPROVAL OF MINUTES A. For the meeting dated December 14, 2020 — deferred to next meeting. IV. HUMAN RESOURCES DIRECTOR'S REPORT — no report. V. INFORMATIONAL ITEMS A. Recruitment & Employment Status Report — report on recruitment activity was reviewed with Commission; questions answered; report received. B. City Workforce Covid-19 Update -brief report provided on how the city is addressing the Covid-19 issues with employees. VI. NEW BUSINESS A. Selection of Personnel Commission Chair and Vice Chair for 2021; staff report provided by Human Resources Director; Commission discussed the report; there was no public comment; Commissioner Edde-Mitchell made a motion to select Vice Chair Cummins for the position of Chair for 2021; Commissioner Bronze seconded the motion; motion passed 3-0. Commissioner Bronze made a motion to select Commissioner Tomasello for the position of Vice Chair for 2021; Commissioner Cummins seconded the motion; motion passed 3-0. B. Selection of Date for Personnel Commission Annual Presentation to City Council; staff report provided by Human Resources Director; Commission discussed the report; there was no public comment; Commissioner Edde-Mitchell made motion to select the date of December 6, 2021 as the first choice date and November 1, 2021 as the second choice date for the Personnel Commission Annual Presentation to City Council; Commissioner Bronze seconded the motion; motion passed 3-0. C. Identification of Personnel Commission Budget Needs for FY 22 and FY 23; staff report provided by Human Resources Director; Commission discussed the report; there was not public comment; Page 1 of 2 the Commission did not have any additional budget requests outside of the training already included in the annual budget for the Personnel Commission. It was noted that appeal/hearing process training is being planned for June, 2021. VII. FUTURE PERSONNEL COMMISSION BUSINESS- None. VIII. ADJOURNMENT - the meeting adjourned at 6:13 p.m. on motion from Commissioner Bronze, seconded by Commissioner Nita Edde-Mitchell; motion passed 3-0. Respectfully Submitted, LeeAnn McPhillips Human Resources Director/ Staff to the Personnel Commission Page 2 of 2 CITY OF GILROY RECRUITMENT AND EMPLOYMENT STATUS Recruitments Posted Date Open Date Closed # to Fill Status/ # of as of June, 2021 Interview/Assessment Applications Date as of 6/10/21 Lateral Firefighter 2/22/21 Continuous Total of 4 Accepting & screening 4 (Licensed Paramedic) applications; scheduling interviews Economic 2/20/21 Continuous 1 Accepting applications 2 Development Manager Fleet Superintendent 2/22/21 Continuous 1 Accepting applications 2 Public Safety 2/26/21 Continuous 2 Accepting applications 1 Communicator Lateral Public Safety 2/20/21 5/28/21 2 Accepting applications 1 Communicator Trainee Police Officer 3/16/21 Continuous Total of 5 Accepting applications; 21 (Lateral, Academy screening applications; Graduate, Current scheduling interviews Academy Cadet Police Officer Trainee 5/5/21 Continuous Total of 5 Accepting applications; 16 screening applications; scheduling interviews Fleet Superintendent 5/12/21 Continuous 1 Search firm assisting 8 with outreach; screening applications as submitted Engineer UII TBD TBD 2 Job description update; n/a fl er under develo went Recruitment in Process — June, 2021 Status Police Officer — Lateral 1 candidate in background Police Officer — Academy Graduate 2 candidates in background Police Officer Trainee 1 candidate in background Public Safety Communicator — Lateral 1 candidate in background Economic Development Manager 1 candidate returning for second round interview week of June 21s' Senior Human Resources Analyst Candidate in final pre -hire steps; July 1561 target start date Human Resources Analyst Candidate returning for second round interview on June 17s' Equipment Mechanic Candidate from eligibility list being scheduled for second round interview Public Safety Communicator Trainee Screening applications; scheduling interviews PT Recreation Specialist/Recreation Leader III Scheduling department interviews PT Recreation Leader Scheduling department interviews Firefighter Trainee (Licensed Paramedic) Finalizing screening; scheduling interviews Fire Engineer Assessments planned for 6/24/21 and 6/29/21 Police Corporal Written exam 6/10/21; Assessment tentatively scheduled for 7/9/21 Maintenance Worker I Rehire of prior laid off employee in final hiring steps Accountant Interviews completed 6/8/21; top candidate returning for second round interview 6/14/21 Hiring/Promotion/Separation Information (March 5, 2021— June 10, 2021) HIRES/PROMOTIONS: NAME JOB CLASSIFICATION DATE OF HIRE RICARDO ZAMORA POLICE OFFICER 03/15/2021 LAMAR TURNER FIREFIGHTER TRAINEE (LICENSED PARAMEDIC 03/22/2021 JEREMY DANCE FIREFIGHTER TRAINEE (LICENSED PARAMEDIC) 03/22/2021 JOSHUA DALY FIREFIGHTER TRAINEE (LICENSED PARAMEDIC 03/22/2021 ELLIOTT TERRELL POLICE OFFICER 03/22/2021 MIGUEL RAMOS EQUIPMENT MECHANIC 03/29/2021 JULIE OATES ENGINEER H (Upgrade) 04/01/2021 HARJOT SANGHA FINANCE DIRECTOR 04/01/2021 MARCO ROMAGNOLI PLANNING TECHNICIAN 04/05/2021 DARYL JORDAN PUBLIC WORKS DIRECTOR 04/12/2021 RAUL PADILLA MAINTENANCE WORKER ASSISTANT - P/T (rehire) 04/16/2021 MARIO GUTIERREZ CUSTODIAN I - P/T (rehire) 04/19/2021 ANNE BYBEE EXTRA HELP RETIRED ANNUITANT — City Clerk's Office 04/22/2021 JONATHAN KIM ENGINEERING TECH/INSPECTOR II 05/03/2021 MARYLYNN CRUZ COMMUNICATION ASSISTANT- P/T (rehire) 05/03/2021 FRANK JEU MAINTENANCE WORKER ASSISTANT- P/T (rehire) 05/07/2021 SHAUN PEYGHAMBARY FIRE DIVISION CHIEF - (Promotion) 05/10/2021 JEANNE LAMAS REC LEADER H-SENIOR CENTER (rehire) 05/12/2021 SEPARATIONS: NAME JOB CLASSIFICATION DATE OF SEPARATION ADELAIDA CORONA REC LEADER III -YOUTH CENTER 03/01/2021 MARGARET GOLDSMITH PUBLIC SAFETY COMMUNICATOR TRAINNEE 03/08/2021 CARLOS QUINTANA MAINTENANCE WORKER I 03/13/2021 KARL BJARKE INTERIM PUBLIC WORKS DIRECTOR 03/19/2021 BRADLEY O'HARA PUBLIC SAFETY COMMUNICATOR TRAINNEE 03/19/2021 FRANK COMIN FLEET SUPERINTENDENT INTERIM 03/31/2021 BONNIE SNYDER PUBLIC SFTY COMMUNICATOR - REITRED 04/11/2021 SHAWNA FREELS CITY CLERK - RETIRED 04/16/2021 MICHAEL BOLTON POLICE OFFICER - RETIRED 04/20/2021 SUZANNE GUZZETTA DEPUTY CITY CLERK - P/T 04/23/2021 NTRON THAN ENGINEER If 05/04/2021 MARIA DELEON I PROGRAM ADMINISTRATOR 05/28/2021 CITY OF GILROY PERSONNEL COMMISSION STAFF REPORT Date: June 10, 2021 To: Personnel Commission Staff: LeeAnn McPhillips, Administrative Service & Human Resources Director/Risk Manager Subject: Updates to the Job Description for the Position of Fleet Superintendent SUMMARY: The city has a vacancy in the position of Fleet Superintendent. The recruitment for this position has been challenging and the first two rounds of interviews did not result in filling the position. A public sector search firm is now assisting with outreach of the position to identify candidates with the background we need and make them aware of the job opening. The search firm suggested that opening up the requirements more would expand the applicant pool as candidates in the fleet profession have varied education and experience which, when combined, will meet the qualifications for the position. In addition, it was suggested to make the Automotive Service Excellence (ASE) certifications at time of hire desired versus required as some candidates obtain more hands-on and vendor training versus the more formal ASE training. ASE training is something we can send an employee to once they are hired. Given the above, edits were made to the job requirements to address the areas of concern and to allow for a greater applicant pool. A couple of other minor clean-up items were also updated in the draft job description. Attached is the draft job description with the additions in red underline format and the deletions in blue strikeout format. A copy of the revised job description has been shared with the Gilroy Management Association and any feedback provided will be shared with the Personnel Commission. No change to the salary range is being recommended at this time. RECOMMENDED ACTIONS: Staff recommends that the Personnel Commission take the following action: 1. Approve the updates to the job description for the position of Fleet Superintendent. Respectfully Submitted, LeeAnn McPhillips Human Resources Director/Risk Manager City of Gilroy DRAFT n..p..oyed b. n,_. ,.. nel Commission Juneanuafy 203621 ADNIINISTRATIVE SERVICES DEPARTMENT FLEET AND iT SERVICES DIVISION FLEET SUPERINTENDENT GENERAL DUTIES: Under the general direction of the Human Resources Director/Risk Manager, manage, plan, coordinate, participate in, and supervise the activities of the Fleet Services DivisionSeetien including all new vehicle purchasing, vehicle maintenance, and vehicle disposal. Assigned functions are equipment and vehicle mechanic services which City personnel and contractors provide. This is an exempt, mid -management level position that is charged with managing the Fleet function to include related regulatory compliance requirements and reporting. Work is performed using considerable independent judgment and initiative and is reviewed by means of conferences and analysis of objectives and results accomplished. This is an exempt, mid -management level position. GENERAL REQUIREMENTS: Personal Appearance - Is appropriate for the work environment and meets expectations for the proper image of the City as per department policy. Attendance - Follows department/City policy inrogards-tein regard to punctuality and attendance. Compliance with Work Instructions - Follow s all work instructions given, and completes all assigned duties. Follow the policies, rules, and regulations of the City and department. Safe - Follows the Safety and Health Handbook, as well as other safety related standards, and avoids unnecessary risk to oneself, co-workers, citizens, and property. Internal Relations - Conducts work in a manner which supports the overall team effort, and which avoids disruption of one's work and the work of others. Treat all City employees with respect. Take responsibility to resolve differences. Find solutions to problems. Respects racial, religious, ethnic and sexual differences of others, and avoids derogatory statements regarding these differences. Customer Service - Conduct work that fosters public support for the City and that will lead to fewer complaints and claims against the City. Treat customers with respect. Follow the same rules that one expects the customers to follow. Respect racial, religious, ethnic and sexual differences of others, and avoid derogatory statements regarding these differences. ILLUSTRATIVE EXAMPLES OF WORK: 1. Plan, organize and schedule activities related to fleet and equipment maintenance; establish work priorities involving vehicle and equipment maintenance, repair, and purchases/replacements; plan and schedule fleet and equipment maintenance/repair activities; develop programs for routine and preventive maintenance of vehicles and equipment. 2. Receive, evaluate and process work requests from City departments; establish divisional goals and objectives and determine work priorities and methods of achieving goals and objectives. 3. Apply City and Department policies, procedures, rules and regulations pertaining to the work and the work group; establish divisional policies, procedures and rules pertaining to the work group. FLEET SUPERINTENDENT Page 1 of 7 City of Gilroy DRAFTA pproved b oo..,,,,,,.,el C,..,,..,iSSiOB Juneau 204621 4. Manage and supervise subordinate employees; prepare and present work appraisals and performance evaluations; initiate disciplinary action as necessary; and identify and/or resolve subordinate complaints; provide and/or conduct staff training. 5. Coordinate computerized system to track vehicles and equipment, work orders, time and materials, and prepare periodic charge -back reports. 6. Coordinate projects and vehicle/equipment purchase with other City work units and outside contractors; assist in the determination of the need for use of contractors; prepare contract documents, vendor qualifications and Request For Proposal (RFP) specifications and requirements; participate in vendor/contractor selection; administer contracts. 7. Inspect work by employees and contractors in progress and upon completion to insure compliance with standards and specifications; advise customer departments of work in progress, operating problems and actual or potential delays. 8. Perform diagnostics and repairs on specialized vehicles and equipment as may be required or in emergency situations. 9. Develop and administer the five-year operating budget and the 20-year capital improvement budget, and monitor expenditures; recommends changes to the budget and provides documentation to support recommendations; perform budget analysis and project cost of divisional operation including staffing, equipment and supplies; develop cost of vehicles and equipment maintenance and replacement; project the useful life of vehicles and equipment and develop and recommend replacement schedules. 10. Prepare and distribute a monthly fuel consumption report to the Executive Group for all departments. 11. Prepare and coordinate surplus vehicles and equipment for disposal to a third -party auction company. 12. Prepare an annual Reporting Transmittal for the State of California Fleet Smog Check Program. 13. Prepare and maintain accurate documents to comply with the State of California Biennial Inspection Terminals Program. 14. Prepare and submit required annual reporting documents to the State Board of Equalization and the State of California Department of Toxic Substance Control. 15. Manage and coordinate all Underground Fuel Storage and automated fuel data system for required testing by a third -party contractor to comply with all local, county and state regulations. 16. Manage and maintain accurate and important documents to comply with the Department of Motors Vehicle regulations. 17. Prepare periodic reports and summaries; and direct and participate in the maintenance of necessary records. 18. Respond to questions, complaints and emergency calls and take appropriate courses of action. 19. Responsible for the maintenance of safe working conditions and practices. May serve on the city- wide safety committee and/or accident review/risk management committee. 20. Serves as a liaison to City departments and other agencies relative to assigned areas of responsibility. FLEET SUPERINTENDENT Page 2 of 7 City of Gilroy DRAFT n,provea by Personnel C,.Fnm_:....:nn Juneanh,Fy 204 -621 21. Assist in the selection process for assigned personnel. May participate on an oral or practical board with other inter -city departments and other government agencies. 22. Attend and participate in multi division/department boards, committees or work groups related to fleet operations. 23. Attend and participate in professional groups and organizations to network and stay abreast of new trends and innovations in the field of fleet management as well as the automotive industry. 24. Perform related work as required. REQUIRED SHILLS, KNOWLEDGE AND ABILITIES: SKILLS: Skill in 1. Interpreting and applying policies, procedures, rules and regulations and laws applicable to the work. 2. Organizing work, setting priorities and exercising sound independent judgment within established guidelines. 3. Maintaining accurate records and preparing clear, concise and effective correspondence, reports and other written materials. 4. Preparing, administering and monitoring program budgets. 5. Establishing effective relationships with those contacted in the course of the work. 6. Project management. KNOWLEDGE: Knowledge of. 1. Principles and practices, methods, equipment, materials and techniques used in the repair, maintenance and purchase/replacement of City vehicles and equipment. 2. Principles and practices of supervision, training and personnel management. 3. Safe work practices and procedures and applicable laws and regulations governing job safety and the work environment. Contract documents and specifications. 4. Report and letter writing. 5. Correct English usage including, grammar, spelling and punctuation; report and letter writing. 6. Pertinent local, State and Federal rules, regulations and laws. 7. Modem office procedures and computer equipment. 8. Principles and practices of organizational analysis and management. 9. Budgeting, accounting and purchasing methods and principles; business mathematics effective methods of record keeping and inventory control; computerized maintenance management systems. ABILITIES: Ability to 1. Effectively plan, organize, direct and review the work of the division. FLEET SUPERINTENDENT Page 3 of 7 City of Gilroy DRAFT^ppfa ed b. P _..,.miel C,...,...issie fl Juneanuary 203H21 2. Acquire and exercise a thorough knowledge of all aspects of City vehicles and equipment. 3. Prepare cost estimates and budget documents and materials. 4. Read and interpret technical materials to non -technical individuals including vehicle and equipment specifications and maintenance and repair manuals. 5. Operate a personal computer and use applicable word processing and spreadsheet applications; create computerized records and databases. 6. Communicate effectively in writing and verbally. 7. Maintain effective working relationships with those contacted in the course of work. 8. Supervise, train and evaluate personnel. 9. Analyze problems, identify alternative solutions, recommend and implement appropriate solutions. 10. Make budget projections and arithmetical calculations. 11. As required, perform physical requirements of the job. 12. Ability to lift and carry up to 75 pounds safely. MACHINES/TOOLS/EOUIPMENT UTILIZED: Typical field and office environments include the following- 1. Computer, keyboard and monitor 2. Lased et or ink jet printer 3. Telephone 4. Copier 5. Calculator 6. Facsimile machine 7. Polaroid or digital camera 8. Paper shredder 9. Paper cutter 10. Specialized computer software 11. Handcart or dolly 12. Pager 13. Two-way radio 14. Specialized tools used in the repair and maintenance of vehicles and other equipment 15. Large equipment repairs, dump truck, police car, fire truck, fire engine, boom truck, cat loader, trench snapper, backhoes, paint truck, roller, etc. 16. Car lift 17. Oil, gasoline, grease and a variety of equipment solvents and cleaners 18. Floorjack 19. Analyzer 20. Torches 21. Arch welders 22. Welding helmet 23. Pressure washer 24. Disposable latex gloves FLEET SUPERINTENDENT Page 4 of 7 City of Gilroy 25. Safety goggles, gloves and hearing protection 26. Safety shoes 27. Face shield 28. Dust mask 29. Coveralls 30. Automobile, truck or van PHYSICAL DEMANDS: DRAFIApp..eyed b. Personnel C,.nuni. sia Juneanuary 204-621 When working in the Repair Shop at the Corporation Yard, field, or in the office, employee will perform the following physical activities including handling heavy equipment and vehicle parts, tools, files, books, binders, and boxes of material or equipment: 1. Sitting, for prolonged periods of time working at a computer or attending meetings. 2. Walking, to and from different facilities while in the process of repairing equipment. 3. Standing, when performing maintenance on light/heavy equipment such as trucks or cars. 4. Kneeling, when installing, repairing or inspecting light or heavy equipment. 5. Bending/stooping, when installing, repairing or inspecting light or heavy equipment. 6. Squatting/bending, when installing, repairing, or inspecting light or heavy equipment. 7. Crawling, when installing, repairing, or inspecting light or heavy equipment. 8. Climbing, ladders or stairs when performing maintenance on light or heavy equipment. 9. Balaucing, wlicu using ladders and when working on light or heavy equipment. 10. Twisting; when installing, replacing, or inspecting light or heavy equipment. 11. Reaching, when working with tools and equipment during repair procedures. 12. Repetitive hand motion including simple grasping, firm grasping, when writing and keyboarding. 13. Carrying, equipment/tools when repairing or inspecting light or heavy equipment. 14. Pushing/pulling, handcart when installing, repairing or inspecting light or heavy equipment. 15. Lifting up to 75 lbs., when installing, replacing or repairing light or heavy equipment. 16. Driving, to other facilities to install, repair or deliver equipment, in addition to purchasing supplies and attending meetings and training. 17. Speed, in meeting deadlines and using office equipment. SENSORY DEMANDS: A majority of the time, employees are required to use these senses while using specialized equipment when performing routine maintenance on City vehicles and other equipment. Under typical office conditions, employee utilizes these senses while using a computer, printer, telephone, fax machine, copier, calculator, or camera: 1. Seeing, color vision for safety reasons, when working with electrical wiring and cables. In addition, hand signals are used when verbal communication is comprised when working around loud machinery, equipment or heavy traffic. 2. Speaking/Hearing, for safety reasons, when communicating with co-workers, customers and the public. 3. Touching/Feeling, for safety reasons, when differentiating sharp or hot objects in order to prevent injury or an unsafe condition when working with equipment, tools, oils, etc. Smelling, for safety reasons, when differentiating chemicals, gases, oils, propane, etc. FLEET SUPERINTENDENT Page 5 of 7 City of Gilroy ENVIRONMENTAL AND FLOOR SURFACE CONDITIONS: Office Conditions: 1. Indoors: Typical office conditions, approximately 5% of the time. 2. Flooring: Low level carpeting, linoleum, tile, wood, etc. 3. Noise Level: Conducive to office settings with phones, copiers, radios, and typewriters. 4. Lighting: Conducive to normal office setting. 5. Ventilation: Provided by central heating and air conditioning. 6. Dust or Fumes: Normal to high indoor levels associated with dust and odors from computer equipment, paper, ink pens, copiers or other office -related equipment. Field Conditions: 1. Outdoors: Typical field conditions, approximately 90% of the time, during pick up, delivery, maintenance, and repair of light and heavy equipment and City vehicles. Employee may be required to crawl or work on equipment with limited space. 2. Travel: Under varying conditions via automobile, less than 10% of the time. 3. Flooring: Asphalt, dirt, mud, rock, grass, sand, wood, tile, carpet, uneven surfaces, etc. 4. Noise Level: Varying low to high equipment noise, while working in the Corporation Yard with cranes, Police vehicles, fire trucks, and other noisy equipment. 5. Lighting: Conducive to normal outdoor settings, but may also work in poorly lit areas under vehicles or when servi�iug other heavy equipuicut. 6. Ventilation: Heating and air conditioning provided by a vehicle or facility. Employee is exposed to extreme heat, cold or dampness while working in the garage or while out on a call, repairing equipment or other vehicles. 7. Dust or Fumes: Normal to high outdoor levels associated with dust, pollen, vehicle exhaust, gasoline, propane, paint, thinners, acids, cleaners, solvents, etc. HAZARDS: Mechanical and electrical exposure is medium to high depending on the work being performed on City vehicles or other light or heavy equipment. There is potential exposure to biological waste or bodily fluids when working in Police, Fire and Sanitation vehicles. In addition, there is some exposure to mechanical hazards when driving a vehicle or truck. Exposure is minimal when properly using standard office equipment such as a telephone, computer, printer, copier, adding machine, fax machine, camera, radio, etc. ATMOSPHERIC CONDITIONS: Low to medium exposure to fumes occurs from gasoline, propane, cleaners, solvents, oils, and vehicle exhaust when performing maintenance or repairs on City vehicles or other equipment. Minimal exposure to fumes occurs in the typical office environment which may result from use of copiers, dry erase pens, liquid paper, toner cartridges, ink pens, or other office supplies or equipment. FLEET SUPERINTENDENT Page 6 of 7 City of Gilroy REQUIREMENTS. TRAINING, EXPERIENCE AND QUALIFICATIONS: 1. Any combination of education and experience equal to: 1 a. An AA degree in automotive technology, automotive/equipment maintenance or a related field. The Cit. of Gilroy .etains the sale right to dotenini«.. b_Six (6) years of recent experience in fleet and equipment maintenance and repair, including two (2) years of supervisory experience at a lead worker level or higher. Experience with large and/or specialized vehicles such as fire engines, police cars and Sewer System Trucks, vehicle purchasing programs, and environmentally friendly vehicles is strongly desired. .c.The City of Gilroy retains the sole right to determine if the combination of education and experience fulfills the requirement. 42 Possess at least three valid Current ASE or equivalent certifications at time of hire are highly desired. Must -and be willing and able to obtain additional ASE certifications that would assist in the performance of the job. The City of Gilroy retains the sole right to datet+ni«° e alert y o �s -53 Possess and maintain a valid California Driver License and a safe driving record necessary to operate assigned vehicle(s). May be required to obtain and maintain a valid Class A California Driver License within twelve (12) months of hire. May be required to obtain endorsements. May be required to participate in the Department of Transportation Drug and Alcohol testing program, which includes submission to random drug and alcohol testing. -7-4. Is subject to weekend work, work on holidays, variable shifts and call back. 5. Prefer:-bBilingual (English/Spanish) desirable, but not required. 8-.6. Pass a post -offer medical examination, which includes a drug test. 9-.7. Pass a Department of Justice criminal record check and background check for employment. 40-.8. Prefer non -tobacco user. FLEET SUPERINTENDENT Page 7 of 7 CITY OF GILROY PERSONNEL COMMISSION �AVa0S=1as] :41 Date: June 10, 2021 To: Personnel Commission Staff: LeeAnn McPhillips, Administrative Service & Human Resources Director/Risk Manager Subject: Updates to the Job Description for the Position of Engineer I SUMMARY: The city has two vacancies in the position of Engineer I. The new Public Works Director reviewed thejob description priorto starting the recruitment effort and suggested that the city allow for the consideration of additional related civil engineering project management experience in lieu of requiring the Engineer -In - Training (EIT) certification. The reason forthis suggestion is there may be highly experience civil engineer project managers out there that would apply for this position and do a great job, but don't want to pursue the process to obtain the EIT certification. Related hands on experience is equally as valuable in coordinating and managing municipal engineering projects as is the EIT certification. While some candidates may qualify by having the EIT certification, others may qualify by having four additional years of related civil engineer project management. Staff believes this change will result in the best applicant pool for the positions. Attached is the draft job description with the additions in red underline format and the deletions in blue strikeout format. A copy of the revised job description has been shared with AFSCME, Local 101 and any feedback provided will be shared with the Personnel Commission. No change to the salary range is being recommended at this time. RECOMMENDED ACTIONS: Staff recommends that the Personnel Commission take the following action: 1. Approve the updates to the job description for the position of Engineer I Respectfully Submitted, LeeAnn McPhillips Human Resources Director/Risk Manager City of Gilroy Approved by Personnel r,..,,ff4s.iaf. ,RAFT JuneMay, 204421 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION ENGINEER I GENERAL DUTIES: Under direct supervision of the Senior Civil Engineer, performs professional or sub professional engineering work in the field and office involving the design, investigation, development and construction of a wide variety of public works facilities, and engineering projects. Personal Appearance - Is appropriate for the work environment and meets expectations for the proper image of the City, as per department policy. Attendance - Follows department/City policy in regard to punctuality and attendance. Compliance with Work Instructions - Follows all work instructions given and completes all assigned duties. Follows the policies, rules and regulations of the City and department. Safety - Follows the Safety and Health Handbook, as well as other safety related standards, and avoids unnecessary risk to oneself, co-workers, citizens and property. Internal Relations - Conducts work in a manner which supports the overall team effort, and which avoids disruption of one's work and the work of others. Treats all City employees with respect. Takes responsibility to resolve differences. Finds solutions to problems. Respects racial, religious, ethnic and sexual differences of others, and avoids derogatory statements regarding these differences. Customer Service - Conducts work that fosters public support for the City, that will lead to fewer complaints and claims against the City. Treats customers with respect. Follows the same rules that one expects the customers to follow. Respects racial, religious, ethnic and sexual differences of others, and avoids derogatory statements regarding these differences. ILLUSTRATIVE EXAMPLES OF WORK: 1. Performs professional engineering work relating to civil, structural, geotechnical, environmental or traffic engineering activities which may involve the review of plans and specifications of buildings, structures or utilities systems for compliance with applicable state and federal regulations and codes, accepted engineering practices and City standards. 2. Assist in biding, advertising, managing, inspecting, preparing contracts, Notice of Award, Notice to Proceed, Notice of Completion, and other contract administration tasks. Works with consultants, contractors and developers performing all types of construction management activities and inspection to ensure construction practices are in compliance with applicable codes and City standards. 3. Review the work of consultants including development improvement plans, maps, land subdivisions and certificates for conformance with the Subdivision Map Act, design integrity, City standards, and City codes. Prepare development agreements, fee schedules, ENGINEER I - Page 1 of 5 City of Gilroy PRAINE cost estimates and reimbursements. 4. Assist in developing bi-annual Public Works Department budget and participate in all types of engineering studies requiring the gathering and analysis of data and preparation of comprehensive water, wastewater, drainage, wastewater treatment and transportation reports. Prepare recommendations and comprehensive reports. 5. Maintain good public relations, receiving and answering public requests and concerns, providing assistance at the counter and assisting other departments with a variety of needs. Participate in related training programs. Perform other projects as assigned and related duties as required with a team ofprofessional and pre -professional and technical engineering staff in carrying out the functions of assigned work unit. REQUIRED SKILLS, KNOWLEDGE AND ABILITIES: SKILLS: The use of modem surveying instruments. 2. The use of AutoCAD computer aided drafting software. KNOWLEDGE: Knowledge of: 1. Principles and practices of contract administration in a public agency. 2. Modern principles and practices used in Civil Engineering, traffic engineering and surveying. 3. Construction methods, equipment and materials, and of approved safety standards. 4. Basic Computer Aided Design applications, data base management and Civil Engineering applications. ABILITIES: Ability to: 1. Provide technical support and review to Engineering Division staff. 2. Establish and maintain effective working relationships with supervisors, co-workers, representatives of other agencies, consultants, contractors and the general public, using customer service techniques. 3. Communicate ideas, both effectively in writing and orally. 4. Prioritize workload and exercise sound judgement within established procedural guidelines. 5. Execute difficult engineering computations quickly and accurately, applying engineering principles, computer programs and mathematical tables to the solution of civil engineering problems, and prepare estimates, designs, plans and specifications. 6. Review land development plans for compliance with current law. 7. Establish project designs and specifications for solutions to problems. ENGINEER I - Page 2 of 5 City of Gilroy Approved by Personnel Gammis&ioiil)RAFT JuneMay, 20-1421 Interpret engineering plans, specifications and contract documents. 9. Determine cost estimates of infrastructures. 10. Use hand calculator and desk -top computer. 11. Apply customer service techniques effectively. 12. Prepare periodic project status reports. MACHINES/TOOLS/EOUIPMENT UTILIZED: Typical office and field environments include the following: 1. Computer, keyboard and monitor 2. Laserjet printer 3. Ink jet printer 4. Telephone or headset 5. Standard copy machine 6. Calculator 7. Facsimile machine 8. Postage meter and scale 9. Microfiche reader 10.Two-. a1,radio 11. Digital camera 12. Paper shredder 13. Paper cutter 14. Surveying instruments 15. Drafting equipment 16. Traffic counters 17. Engineering tools and equipment 18. Presentation equipment, microphones, easels, overhead projectors, PowerPoint, etc. 19. Plan -copying machine 20. Specialized computer software 21. Computerized scanner 22. Automobile 23. Other related equipment PHYSICAL DEMANDS: When working in the field or in the office, employee will perform the following physical activities including the handling of survey, drafting and engineering equipment, traffic counters, two-way radios, blueprints, plans, files, books, binders and boxes of work -related material: 1. Sitting, for prolonged periods of time while attending meetings or seminars, or when working at a computer. 2. Walking, during site visits, inspections and enforcement activities in the field. 3. Standing, for prolonged periods oftime while working in the field, during Council meetings or at other public presentations. ENGINEER I - Page 3 of 5 City of Gilroy A....«,.yed b D _..,.. nel Ge....riasien^RAFT JuneMay, 204-321 4. Kneeling, when performing survey work or during site visits, inspections or enforcement activities. 5. Bending/stooping, when performing survey work or during site visits, inspections or enforcement activities. 6. Twisting, when performing survey work, during site visits, inspections or enforcements. 7. Reaching, when performing survey work, during site visits, inspections or enforcement activities, in addition to typical office work. 8. Carrying, survey or drafting equipment, in addition to the typical office work. 9. Pushing/pulling, utility boxes, manhole covers and other equipment or tools. 10. Lifting, up to 401bs., working with survey and drafting equipment or other tools. 11. Driving, to inspection or construction sites, or to perform enforcement activities. 12. Speed, in meeting deadlines and in using office equipment. SENSORY DEMANDS: Under typical office and field conditions, employee utilizes these senses when using a computer, printer, telephone, fax machine, copier, adding machine, postage meter, paper shredder, paper cutter, camera, microphone, overhead projector, easel, survey or drafting equipment or automobile: 1. Seeing, color vision necessary when reading maps and drawings. 2. Speaking 3. Hearing 4. Touching ENVIRONMENTAL AND FLOOR SURFACE CONDITIONS: Office Conditions: 1. Indoors: Typical office conditions, over 80% of the time. 2. Flooring: Low level carpeting, linoleum, tile floors and some exposure to asphalt. 3. Noise Level: Conducive to office settings with phones, copiers, faxes, or printers. 4. Lighting: Conducive to normal office setting. 5. Ventilation: Provided by central heating and air conditioning. 6. Dust or Fumes: Normal, indoor levels associated with dust and odors from paper, ink pens, plan copier, copy machines, plotters, or other office -related equipment. Field Conditions: 1. Outdoors: Typical field conditions during site visits, inspections and enforcement activities, approximately 15% of the time. 2. Travel: Under varying conditions via automobile or plane, less than 5% of the time. 3. Flooring: Asphalt, grass, dirt, wood or uneven surfaces during site visits or inspections. 4. Noise Level: Varying low to high equipment noise may occur during site visit or inspection. 5. Lighting: Normal outdoor conditions, with exposure to extreme weather conditions. 6. Ventilation: Heating and air conditioning provide by a vehicle. 7. Dust or Fumes: Normal to high outdoor levels associated with dust, pollen, vehicle exhaust, and construction, inspection and enforcement activities. ENGINEER I - Page 4 of 5 City of Gilroy HAZARDS: Under typical office conditions, mechanical or electrical exposure is minimal while properly using office equipment such as a telephone, computer, printer, copier, overhead projector, microphone, easel, fax machine, paper shredder, or paper cutter. In the field, during a site visit, inspection, or enforcement activity, there may be a higher risk of exposure to mechanical or electrical hazards due to the nature of construction sites or businesses that are manufacturing or processing materials. In addition, there is some exposure to mechanical hazards when utilizing a vehicle. ATMOSPHERIC CONDITIONS: Minimal to low exposure to fumes occurs in the field when visiting or inspecting construction sites or businesses. There is minimal exposure to fumes in a typical office environment which may result from use of copiers, dry erase pens, liquid paper, toner cartridges, ink pens, or other office supplies or equipment. MINIMUM REQUIREMENTS, TRAINING, EXPERIENCES AND QUALIFICATIONS: 1. Graduation from an accredited college or university with a bachelor's degree in Engineering and one year of responsible civil engineering experience or related internship (paid or unpaid). 2. Possess an Engineer -in -Training (EIT) Certificate at time of hire or obtain certification issued by the State of California within one year or before end of probation period whichever occurs first. At the sole discretion of the City of Gilroy, an additional four years of full-time related civil engineering project management experience may substitute for the Engineer -in - Training Certificate. 3. Willing to continue education and training, expand skills, attend seminars, workshops, and commit to individual study. 4. Possess and maintain a valid California Driver's License and a safe driving record necessary to operate assigned vehicle(s). 5. Pass a post -offer medical examination, which includes a drug test. 6. Pass a Department of Justice criminal record check for employment. 7. Prefer non -tobacco user. ENGINEER I - Page 5 of 5 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze The Personnel Commission shall have the power and duty to: (a) Act in an advisory capacity to the City Council, City Administrator and/or the Human Resources Director in the preparation, installation, revision and maintenance of a full-time employee position classification plan and the Human Resources Rules and Regulations, (b) Hear appeals of any officer or employee having regular full-time status in any office, position or employment in the Competitive Service pertaining to suspension, demotion, dismissal or disciplinary action as provided in the Human Resources Rules and Regulations or Memorandums of Understanding. - City of Gilroy City Charter, Section 907 LIE BERT G55113Y WHrt1U0.E LIEBERT CASSIDY WHITMORE ©2021 All rights reserved I zoww.lcwlegal.com Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze •Job Classifications and Job Descriptions •HR Rules and Regulations •Importance of Job Descriptions •Purpose of Grievance Procedures •Starting the Disciplinary Process LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzvzv.lczvlegnl.com 2 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze The classification plan is an occupational inventory of the positions in the City Service. It is a fundamental tool of Human Resources administration, since it makes possible standardization of class titles for purposes of employees record keeping, examining, pay administration, and related employee administrative objectives. =I Section II, City of Gilroy HR Rules and Regulations 1:am= . LIEGERTCASSIDN WHITMD0. • Establish an Organizational Development Structure Tailored to Meet the City's Needs in Providing Public Services • Establish Job Classes of Similar Positions Differentiating Between Higher Grade, Lower Grade, and Supervisory Duties • Establish Qualifications, Certifications Needed, and Testing LE uirements for the Positions blish Appropriate Compensation Structure ... 1A., LLEBERT CASSIDY WHITMORE © 2021 All rights reserved I zowmlcwlegal.com 3 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze Job Classifications are Established to Provide: ■Description of the Core Functions of a Classification and Reporting/Supervisory Relationships and Hierarchy ■Essential Job Functions of Class ■Non -Essential Job Functions of Class ■Minimum Qualifications of the Class ■Knowledge, Skills, and Abilities Needed to Perform Job Functions of the Class LIEGIM CASSIM WHIIMOe Establishing Compensation is Based on Several Factors Including: ■Scope Of Authority • Level of Supervision Exercised or Received ■ Minimum Job Requirements ■ Depth of Independent Judgment and Decision Making ■ Use of Specialized Knowledge/Skill • Market Competitiveness' ■Internal Compaction LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zuzuzu.lczulegal.com 4 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze •Identify Job Duties and Essential Functions of the p Job ■Technical Requirements (Day -to -Day Job Duties, Skills Required, etc.) ■Educational / Experience Requirements ■Physical Requirements (Sit, Stand, Ability to Lift, etc.) ■Licensing/Certification Requirements (Driver's License, State Certification, etc.) -The City's Job Requirements Must Be Non - Discriminatory and Business Related ■Job Descriptions Should Reflect What is Actually Required in the Position ■Job Duties or Requirements That Are Not Reasonably Related to the Position May Create Inference of Discrimination f LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzvzv.lczvlegal.com 5 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze -Adding New Classifications or Modifying Existing I Classifications to Match City's Current Needs ■Department Head and/or HR Director Make Initial Review and Submit Recommendation to Personnel Commission for Approval ■Substantive Changes to Job Descriptions or Salary Ranges May Require Meet and Confer Process with Applicable represented Bargaining Unit Prior to Approval LIESE91 CA111M WHITMOILL FCl ally Triggered When There Has Been a Material nge in the Job Functions or Responsibilities of a sification. 7 -Similar Review Process is Used as in a Class Study, But a Reclassification Review is Often Focused on One Classification or a Specific Individual Lthe comes May Include a Change in Classification or a sfer of Duties Outside the "Incumbents" Class to More Appropriate Classification Lui,E - .. LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zuzuzu.lczulegal.com 6 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze These Rules and Regulations establish the personnel system for the City of Gilroy and are adopted by resolution of the City Council pursuant to City Code 17.1. The purpose of these rules and regulations is to facilitate efficient and economic service to the public and to provide for a fair and equitable system of personnel administration and management within the City organization. - Section I, City of Gilroy HR Rules and Regulations ter; LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zuzow.lcwlegal.com Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze -Federal & State Laws -City Charter -City Council Resolutions •MOU Agreements •HR Policy & Procedures • Equal Employment Opportunity/Anti-Harassment • Classification Plan • Recruitment & Selection • Compensation & Payroll Practices • Performance Evaluations • Leaves of Absence Policies • Drug & Alcohol Policy • Grievances • Discipline • Other City- Specific Policies LIEBERT CASSIDY WHITMORE ©2021 All rights reserved I zvzomlczulegal.com 8 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze •Internal Agency Changes ■Fiscal 'Labor Relations ■Management Changes -External Changes ■New Legislation ■New Court Decisions ' •Understandable to Average Employee -Explanatory and Informational -Avoid Gratuitous/Philosophical Remarks -Avoid Restrictive Adverbs -Avoid Paraphrasing of the Law -Define Important Terms -Use Terms and Phrases Consistently —Mooffiz LIEBERT CASSIDY WHITMORE. ©2021 All rights reserved I zvzvzv.lczvlegal.com 9 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze • HR Rules and Regulations i • Memorandum of Understanding 4a • Drug and Alcohol Policy • Policy Against Discrimination/ Harassment/ Retaliation • Department Rules/Procedures • Written Orders or Directives L•Job Descriptions • City Charter MOMENEEK-- LIEBFRT CASSIDY WHITMORE © 2021 All rights reserved I zowwAzulegal.com 10 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze 7•Discourteous Treatment of the Public or Other Employees -Disobedience of Rule or Supervisor's Order •Improper or Unauthorized Use of City Property -Absence Without Authorized Leave •Incompetence or Negligence in the Performance of f- Duties FWrvestigationitten notice of intent to discipline' 3. Pre -disciplinary response (aka Skelly meeting) 4. Written final notice of discipline L6* ost-discipline evidentiary hearing dicial review of administrative decision (exceptnding arbitration decisions) LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I z 7umlczvlegnl.com 11 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze FW-atHappened? isconduct? ■Substandard Performance? -What Rules Violated? -Any Legal Considerations? ■Recent Protected Activity (e.g., Harassment Complaint, Whistleblower, Union Activity) FM-Agitgiravating Factors gating Factors -Objectivity of Decisionmaker LIE;,(. T1R11Ve LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I wzuw.lcwlegal.com 12 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze s "The overriding consideration in these cases is the E extent to which the employee's conduct resulted in, E or if repeated is likely to result in harm to the public service..." Skelly v. State Personnel Board, 15 Cal.3d, at 218.' Types of Discipline Minor Discipline •Written Reprimand Significant Discipline (Skelly Rights): • Unpaid Suspension • Demotion • Reduction in Pay •Termination LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzvzv.lczvlegal.com 13 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze -Did employee have notice of rule and penalty for {, violating it? {, -Does rule serve a useful purpose? -Can rule be strictly followed? -Is the rule clear or does it have vague, undefined terms? •Has rule been applied uniformly in the past? L ESE Ni IASA OT W H ITM(m l -The written notice of intent to discipline provides the employee:i ■Notice of the charges and evidence ■An opportunity to respond, orally or in writing, to the decision maker before final action -Skelly response from the employee -Decision-maker considers the Skelly response and !' issues a final notice of discipline _, LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzvzv.lczvlegal.com 14 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze r •Describe Nature of Proposed Discipline •Cite to Rules, Regulations and Statutes Violated •Describe Factual Basis for Each Violation ■Use Detail (Dates, Times, Witnesses) •Describe Why the Discipline Is Being Proposed •Identify and/or Attach All Materials Relied Upon LIE6ERTCA S101'WHITMOfl • NOI to Discipline Also Includes: • Description of Employee's Right to Respond ■ Consequences of Waiver of Right to Respond • Notice that Employee Has Right to Be Represented at Skelly Meeting ■Statement Warning the Employee of Future Misconduct •Statement Prohibiting Retaliation Against Those Who `1 Complained or Participated in the Investigation LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzvzv.lczvlegal.com 15 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze -7129MMIR-s • Describes Severity of Misconduct and its Impact on Agency, if Repeated • Includes Analysis of Possible Factors in Mitigation or Aggravation, Such As: • Length of Service ■ Prior Evaluations/Counseling/Discipline In Negligent or Intentional? ■Training Record ■Traumatic Events in Personal Life • A "Skelly Meeting' is the Employee's Opportunity to Respond to Proposed Discipline • Not an Evidentiary Hearing (No Witnesses Called or Cross -Examination) • Role of Skelly Officer • Listen and Take Notes • Ask Questions for Clarification • If Determination That Further Investigation Is Needed, May Require Pulling N01 to Discipline and Re -Issuing After Subsequent Investigations. LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzvzv.lczvlegal.eom 16 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze •Impose Proposed Discipline •Rescind Discipline •Modify Discipline • Delete Causes of Action •Explore Settlement or "Last Chance Agreement" I UEBERT G\SSIDY WHITM00.E •Similar to N01 to Discipline With Appropriate Changes ■Memorialize Position(s) Taken By Employee/Employee Representative at Skelly Meeting and Describe Impact on Final Decision ■Advise of Post -Discipline Appeal Rights and Consequences of Waiver )Post -Discipline Appeal Before Personnel Commission — L= Advisory to City Administrator and City Council f LIE,f ' _. �A LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zuzozo.lczulegal.com 17 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze •Due process requires a post -disciplinary evidentiary appeal hearing before a nonbiasec hearing officer or body -Avoid bias by promptly disclosing: ■That you know either of the parties ■That you know any of the witnesses ■That you have personal knowledge of any events a issue LIEBERTCA MDI WHITMORE t i -Employee must make a timely request for post - discipline appeal — 10 calendar days after final notice of discipline -Short and/or reasonable extensions should be granted for good cause shown ■See HR Rules § VI(A)(1) ri L,IEBEIZT CASSIDY WHITMORE. © 2021 All rights reserved I wzozo.lczolegal.com 18 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze ---=use—, -Scheduled between 20-60 days from date of t employee's appeal ■See HR Rules § VI(A)(2) -Continuance for good cause shown ■See HR Rules § VI(A)(9) -Private unless employee requests public _See HR Rules § VI(A)(3) •Issue Subpoenas upon request of a party -HR provides each Commissioner the Notice of Intent, Employee's written response, and final notice of discipline 5 working days before hearing • Each party provides HR a copy of their exhibits and L0Seeses nlists 5 working days before hearing HR Rules § VI(A)(4) & (5) L4 - LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zozomlcwlegal.com 19 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze •Audio taped at a minimum •A party or the Commission can request a court reporter •Important to know that everything that is said at the hearing is recorded or documented ■HR Rules § VI(A)(6) •Degree of proof required - preponderance of evidence (See HR Rules § VI(A)(8)) •Who has burden of proof? oDiscipline— Employer oGrievance — Employee or Union LIEBEPT CASSIDY WHITMORE © 2021 All rights reserved I zvzuzv.lczvlegal.com 20 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze Role of the Chair •Administer oaths (HR Rules § VI(A)(10)) ' • Receive and rule on objections (HR Rules § VI(A)(12)) •Control hearing (HR rules § VI(A)(13)) •Note: City may provide legal counsel for the Commission to assist with: • Rulings on evidence ■ Preparation of Findings & Recommended Decision •The party with burden of proof (the department) goes first in disciplinary appeals •The employee may defer until his/her case in chief •May be oral or in writing •Value - way to learn about the case •Not considered evidence LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvwzv.lczvlegal.com 21 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze 1. Department that imposed discipline presents case in chief 2. Employee being disciplined presents case in chief 3. Department's rebuttal 4. Employee's rebuttal t, • Stipulations Facts/issues agreed upon by parties • Oral testimony (witnesses) • Commissioners may question them • Documents • Commissioners assess weight of evidence • Official notice j UEBERT CASSIDY WHITMORE © 2021 All rights reserved I wzvzv.lczvlegal.com 22 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze *Technical rules of evidence generally do not apply (See HR Rules § VI(A)(7)(a)) 7 -All other witnesses (except parties) are excluded during testimony (See HR Rules § VI(A)(7)(g)) M, -The parties are free to present their cases, but: -Chair has reserved right to control, including: ol-imiting redundant or irrelevant witnesses; oAltering order of witnesses; oDirect questions of witnesses -(See HR Rules § VI(A)(13)) LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzozu.lczolegal.com 23 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze • At Commission's discretion • Oral closing argument — under time limit: • Party with burden of proof goes first • Opposing party goes next • Party with burden can close • Written closing argument: ■ Parties or Commission may request ■ Commission can limit pages • See HR Rule § VI(A)(11)(f) -Commission must make two inquiries: ■Does the evidence show that the employee is guilty as charged? ■Is the level of discipline appropriate? -Depending on those answers, the Commission will sustain, reject or modify the discipline -Commission can deliberate in closed session (HR Rule § VI(A)(15)) LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzvw.lczvlegnl.com 24 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze TrFndings hin 15 days after hearing, unless stipulation ofties allows more time must support the conclusion to: ■Sustain ■Modify, or ■Reject the discipline �I LIEBFRT CMSIDY WHITMOR • Recommendation must be fair and logically flow from findings • Admissible evidence must support findings on each material issue: • Credibility of witnesses • Documentary evidence • Acceptance / rejection of any affirmative defenses • If reject or modify discipline, need do discuss back pay and reinstatement dates (HR Rules § VI(A)(16)J LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzvzv.lczvlegal.coin 25 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze • Commission's decision is advisory to City Administrator • Commission's decision is filed with employee, department head, and City Administrator • Department head or employee may appeal to City Administrator • City Administrator issues final decision • Employee may appeal to City Council LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zuzuzo.lezulegal.com 26 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze • A Formal Process for Resolving Employee Disputes/Complaints ■ Grievance procedures can bean effective means to settle disputes ■Allows parties to resolve disputes short of litigation before Civil Court or PERB • Defined in HR Rules and MOU: ■Alleged Violation, Misinterpretation or Misapplication of MOU, HR Rules and Regulations, or Other City Rules LIFum C>b H)Y WHIiMORf • Excluded from Grievance Procedures: ■ Complaints on Wages, Hours, and Working Conditions ■ Challenges to Employee Evaluations/ Performance Reviews • Challenges to Reclassification, Layoff, Transfer, Denial of Reinstatement, or Denial of Step/Merit Increase • Disciplinary Actions ■ Challenges to Violation of Law or Past Practice ■ Challenges to Examinations or Appointment to Positions LIFBERTr_�SIDY\9H ITMORE LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvww.lczvlegal.com 27 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze -Grievance Procedures Provide Steps to Appeal Disputed Action: ■Step 1: Immediate Supervisor ■Step 2: Higher -Level Supervisor/ Department Head ■Step 3: City Administrator ■Step 4 (Final Step): Appeal to Personnel Commission/ City Council I -Same hearing procedures except employee has burden of proof -Commission has 10 days to issue its advisory findings and decision to City Council for final decision LIEBERT CASSIDY WHITMORE © 2021 All rights reserved I zvzuzu.lczulegal.com 28 Overview of the City of Gilroy Personnel System City of Gilroy I June 14, 2021 Presented by: Erin Kunze Any Questions? • Erin Kunze Associate I San Francisco Office 415-512-3000 1 ekunze@lcwlegal.com www.lcwlegal.com/our-people/erin-kunze s �a LI£BERT CASSIDY WHITMORE © 2021 All rights reserved I zozomlczolegal.com 29