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HomeMy WebLinkAboutResolution No. 6942RESOLUTION NO. 6942 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE CIVIL SERVICE RULES REGARDING EMPLOYEE COMPLAINT PROCEDURES. WHEREAS, the City Council referred to the Personnel Board a proposed amendment to Civil Service Rules relating to employee complaint procedures; and WHEREAS, notice was given to all employee organizations of an opportunity to appear and comment to the Personnel Board relative to the proposed amendment to the Civil Service Rules; and WHEREAS, the Personnel Board conducted a hearing relative to the proposed amendment and thereafter recommended that the existing employee complaint procedure be preserved and that the proposed amendment to the Civil Service Rules not be adopted. THE CITY COUNCIL OF THE CITY OF AZSUA DOES RESOLVE AS FOLLOWS: SECTION 1. The Civil Service Rules of the City of Azusa are hereby amended by adding thereto the following: "Section 16.10. Employee Complaint Procedure. All written complaints against employees of the City shall be filed with the City Clerk. The Complaint and any written materials related to the investigation of said complaint shall be confidential. Copies of the complaint shall be sent to the affected department head, to the City Administrator, and to the two members of the City Council who are responsible for the affected department. "Section 16.11. Upon receipt of the employee complaint, the affected department head shall conduct such investigation as may be necessary in order to develop all of the facts surrounding the events leading to the complaint. "Section 16.12. Upon completion of the investigation the department head shall make a report including a determination: (1) that there is no substance to the complaint and that neither the complaint nor the investigation materials shall be entered in the affected employee's personnel record; or (2) that there is insufficient evidence to warrant any further proceedings regarding the complaint but that a copy of the same shall be entered in the employee's personnel record; or (3) that some disciplinary action is warranted and shall be recommended pursuant to Chapter 2.36 of the Azusa Municipal Code. "Section 16.13. In case of personnel complaints involving police officers, all proceedings involving the complaint and the investigation of the same and any disciplinary action pursued shall conform to the provisions of the Public Safety Officer Procedural Bill of Rights Act (Government Code Section 3300 - 3311.) "Section 16.14. A copy of any employee complaint report prepared by the affected department head at the conclusion of the investigation shall be forwarded to the two councilmembers who are responsible for the affected department. Said two council - members may thereafter review the complaint and the results of the department investigation and report and, if deemed appropriate, conduct further investigation including a closed hearing receiving information from the complainant, any witnesses to the event giving rise to the complaint, and the affected employee. The council committee may thereafter report to the City Council in executive session if such a report is considered warranted by the committee. Upon receipt of the report from the council committee, the City Council may thereafter refer the matter for hearing to the Personnel Board as a disciplinary matter pursuant to Chapter 2.36, if considered appropriate. "Section 16.15. Any employee complaints concerning department heads shall be investigated and reported upon by the City Administrator. Any complaint concerning the City Administrator shall be investigated and reported upon by a special two member committee of the City Council appointed for such purpose by the Council." SECTION 2. This Resolution and the amendments to the Civil Service Rules designated herein are effective upon adoption of this Resolution. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 6th day of October, 1980. I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof held on the 6th day of October 1980, by the following vote of the Council: -2- E 0 AYES: COUNCILMEN: Decker, Fry, Cruz, Moses, Solem NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None -3- ADOLPW SOLIS, City Clerk