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ORDINANCE NO. 8719
AN ORDINANCE APPROVING AN AMENDMENT TO THE
2014 COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF
GOVERNMENT EMPLOYEES RELATING TO UNIFORM
TREATMENT OF ENTRY LEVEL EMPLOYEES WHEN
FILLING VACANCIES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
The Amendment to the Collective Bargaining Agreement between the City of Pueblo
and the Pueblo Association of Government Employees commencing January 1, 2014, a copy
of which is attached hereto, having been approved as to form by the City Attorney, is hereby
approved and enacted as an Ordinance.
SECTION 2.
The President of the City Council is authorized to execute and deliver the Amendment
in the name of the City and the City Clerk is directed to affix the seal of the City thereto and
attest same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all
acts consistent with the intent of this Ordinance to effectuate the policies described herein.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: _ March 24, 2014
BY: Chris Nicoll
COUNCILPERSON
PASSED AND APPROVED: April 14, 2014
City Clerk’s Office Item # R-3
REGULAR MEETING AGENDA ITEM
COUNCIL MEETING DATE:
March 24, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Marisa Pacheco – Human Resources Department
SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE 2014 COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE
PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES RELATING TO
UNIFORM TREATMENT OF ENTRY LEVEL EMPLOYEES WHEN FILLING
VACANCIES
SUMMARY:
The proposed amendment to the Pueblo Association of Government Employees (PAGE)
Collective Bargaining agreement will allow Department Directors to interview a larger group of
entry-level employee candidates in order to select the right candidate for their departmental
vacancy.
PREVIOUS COUNCIL ACTION:
City Council approved the new classifications of Wastewater Reclamation Facility Worker and
Wastewater Utility Worker in August 2013. The new classification of Airport
Operations/Maintenance Worker was approved by City Council in December 2013.
BACKGROUND:
At present, the Collective Bargaining Agreement between the City of Pueblo and the Pueblo
Association of Government employees stipulates a rule of five for the Clerk Typist, Emergency
Services Dispatcher and Utility Worker entry-level employee classifications. The rule of five is
used during the interview process, in which the interview panel is allowed to interview up to five
candidates. Any other general services classification not included in the list above must follow
the rule of three.
The 2014 Collective Bargaining Agreement does not include the new classifications of Airport
Operations/Maintenance Worker, Wastewater Reclamation Facility Worker and Wastewater
Utility Worker that were approved by the Union and City Council within the past year. These
new classifications currently follow the rule of three.
In order for Department Directors to recruit, select, and hire the right candidates to fill their
vacancies, it is requested that the new classifications be included as rule of five classifications in
the 2014 Collective Bargaining Agreement.
FINANCIAL IMPLICATIONS:
Funding for authorized temporary and part-time positions has been appropriated with the
approval of the 2014 Budget Ordinance.
BOARD/COMMISSION RECOMMENDATION:
The President of the Pueblo Association of Government Employees (PAGE) has signed the
proposed agreement.
STAKEHOLDER PROCESS:
City Administration and members of the executive board of the Pueblo Association of
Government Employees (PAGE) met on January 22, 2014 to discuss the proposal. Both parties
agreed to the amendment.
ALTERNATIVES:
Without this Ordinance, the Collective Bargaining Agreement will stay as is and Department
Directors at the Pueblo Memorial Airport and Wastewater Departments will have less entry-level
employee candidates to interview and consider when selecting the right candidate for their
vacancies.
RECOMMENDATION:
Approval of the Ordinance.
PROPOSED MOTION:
This Ordinance will be placed on the March 24, 2014 Consent Agenda for First Presentation,
and on the April 14, 2014 Regular Agenda for Final Presentation and Public Hearing.
Attachments: Amendment to PAGE Collective Bargaining Agreement
AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT
This Amendment to Collective Bargaining Agreement ( "Amendment ") is executed this
AO day of fr,h . , 2014, by and between Pueblo, a municipal corporation
(the "City ") and Pueblo Association of Government Employees (the "Union ").
WHEREAS, pursuant to Article 8 of the Charter of the City, the City and the Union are
parties to a Collective Bargaining Agreement, for the period commencing January 1, 2014 and
ending December 31, 2014 (the "Labor Agreement "); and
WHEREAS, the City and the Union desire to amend the Labor Agreement to treat entry
level positions of Wastewater Utility Worker, Water Reclamation Facility Worker, and Airport
Operations/Maintenance Worker the same as other entry level positions such as Clerk Typist,
Utility Worker and Emergency Services Dispatcher.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein, the parties agree as follows:
1. Section 7.11 of the Labor Agreement is amended to read as follows:
Section 11. TRANSFERS AND PROMOTIONS. When filling vacancies, the City shall
consider for transfer employees within the same class. The City will post notices of vacancies
for ten (10) calendar days, and will place a copy of the notice in the union mailbox in the City
Clerk's office.
Employees who file with the City written requests for consideration to transfer to
vacancies that have been posted shall be considered; however, no such request shall be
considered until all employees with applicable reinstatement or bumping rights have been
accommodated.
If a position is not filled through reinstatement, demotion, reemployment or transfer, the
City shall fill the position from a civil service eligible list in the following manner:
(a) The Director shall forward a copy of the appropriate class specification to the Civil
Service Commission, with a request for certification of the names of the three highest ranking
persons on the appropriate eligible list; provided that in case of recruitment for an entry level
position including Wastewater Utility Worker, Water Reclamation Facility Worker, Airport
Operations /Maintenance Worker, Clerk Typist, Utility Worker, or Emergency Services
Dispatcher, the Director shall request a certification of the names of the five highest ranking
persons on the appropriate eligible list.
(b) The Director may also request from the Commission further information relating to the
persons certified and to their application, examination or certification process.
(c) Removal and certification of next highest eligible.
(1) If any person certified pursuant to above subsection (a) or otherwise
hereunder, fails to accept appointment to the position or fails to appear for an employment
interview, that person shall be removed from the list and the name of person next highest on the
eligible list shall be certified. Pursuant to the requirements of Civil Service Rule 31, the Civil
Service Commission may retain on the eligible list the name of a person who refused an
appointment or failed to appear for an employment interview only upon that person's timely
request and for just cause.
(2) If any person certified pursuant to above subsection (a) or otherwise
hereunder declines an employment interview, that person shall be removed from the list and the
name of the person next highest on the eligible list shall be certified. Except for the entry level
positions of incl uding Wastewater Utility Worker. Water Reclamation Facility Worker. Airport
Operations /Maintenance Worker, Clerk Typist, Utility Worker, and Emergency Services
Dispatcher and pursuant to the requirements of Civil Service Rule 31, the Civil Service
Commission shall retain on the list the name of a person who declines an employment interview
upon that person's timely request. Irrespective of whether such person is retained on the list, the
next highest eligible on the appropriate list shall be certified if requested by the Director.
With respect to the entry level positions of including Wastewater Utility Worker,
Water Reclamation Facility Worker, Airport Operations /Maintenance Worker, Clerk Typist,
Utility Worker, and Emergency Services Dispatcher and pursuant to the requirements of Civil
Service Rule 31, the Civil Service Commission may retain on the eligible list the name of a
person who declines an employment interview only upon that person's timely request and for
just cause.
(3) The Director may request removal from the list of the name of a person who
does not otherwise qualify for or meet a requirement of the position. The Civil Service
Commission shall grant such request and certify the name of the next highest ranking eligible on
the list, if the person so removed does not actually qualify or meet requirements.
(d) If more than one vacancy is to be filled from an eligible list, the Director may request
certification of an additional name for the second and each subsequent vacancy.
(e) If less than three names appear or remain on an eligible list, not including persons
retained on the list pursuant to above subsection (c), the City Manager may either request that the
Commission establish a new eligible list, or may accept a certification of less than three names;
provided that in the case of a recruitment for entry level positions including Wastewater Utility
Worker, Water Reclanmation. Facility Worker, Airport Operations /Maintenance Worker, Clerk
Typist, Utility Worker or Emergency Services Dispatcher, the City Manager may request a new
eligible list if less than five names remain on the existing list, or may accept a certification of
less than five names.
(f) If a person certified for appointment from an eligible list is rejected or passed over
twice the City Manager may request removal of the person from that eligible list. The Civil
Service Commission may deny such request upon the basis of the person's qualifications.
(g) After a certification, the Director shall select a committee of at least three (3) persons
to evaluate the persons certified. No member of the bargaining unit shall be allowed or required
to serve as a member of the committee. Not more than one (1) member of a division of a
department may be a member of the committee.
(h) After consultation with the involved department or bureau head and the committee, the
Director shall forward the names of all persons certified and recommendations to the City
Manager, who shall make the final appointment.
(i) The City shall notify each eligible certified for a vacancy of the appointment and the
appeal rights available hereunder. If not appointed, the highest ranking eligible for each vacancy
may appeal his rejection to the Civil Service Commission by filing a written notice of appeal
within seven (7) days after receipt of the notice of appointment. The Commission shall hear the
appeal within five (5) days of the filing of the notice of appeal. The City and the individual
appointed shall also be notified of the hearing and be given an opportunity to be heard. The
person filing the appeal shall have the burden of proving that the City Manager's appointment
was arbitrary, capricious or a clearly unwarranted abuse of discretion. If the Commission
sustains the appeal, the appointment shall be vacated and the appellant shall be appointed to the
position by the City Manager pursuant to the decision of the Commission retroactive to the date
of the original appointment.
(j) The Commission shall render its decision within five (5) days after the hearing which
shall be final and binding subject only to judicial review pursuant to Rule 106, CRCP.
(k) Regardless of length of service or seniority, employees inside or outside of the
bargaining unit shall be limited to a maximum of ten (10) seniority points on all civil service
entry level or promotional examinations.
Classes within the bargaining unit shall be either closed classes, which are open only to
members of the bargaining unit, or classes that may be closed, or open to all applicants, as
determined by the City Manager. Classes that are closed classes are listed in Appendix B.
Classes that may be closed or open are listed in Appendix C.
Civil Service examinations for all classes in Appendix B shall be open only to employees
within the bargaining unit who meet the qualifications for such classes. If the Civil Service
Commission, after announcement of an examination and acceptance of applications for a class in
Appendix B, determines that there are no qualified employee applicants available, the
Commission may open such examination to non - employee applicants.
If the City Manager determines that a class in Appendix C is to be a closed class,
examinations for such a class shall be conducted in accordance with the preceding paragraph. If
the City Manager determines that a class in Appendix C is to be an open class, examinations for
such a class shall be open to all applicants.
2. The amendment to Subsection 7.11(a) shall apply to all eligible lists certified after
the date of execution and enactment of this Amendment by Ordinance. All other provisions of
this Amendment shall otherwise become effective on the date of execution and enactment of this
Amendment by Ordinance.
Executed in Pueblo, Colorado as of the date first above written.
CITY OF PUEBLO PUEBLO ASSOCIATION OF
GOVERNMENT EMPLOYEES
B )/ • 14 1,4 . A _..L41 By
10 L..4
President of City Coun Pre dent /1--(4a-
ATTEST: ATTEST:
City Jerk Secretary