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HomeMy Public PortalAbout14) 9A Intro to Ord 13-970 Clarifying & Expanding the List of Positions Excluded from City ServiceDATE: April 2, 2013 MANAGEMENT SERVICES DEPARTMENT MEMORANDUM TO: The Honorable City Council //�� FROM: Jose E. Pulido, City Manager(5 By: Tracey L. Hause, Administrative Services Director AGENDA ITEM 9.A. SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-970, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, AMENDING SECTION 2303 OF ARTICLE A OF CHAPTER 3 OF TITLE 2 OF THE TEMPLE CITY MUNICIPAL CODE, CLARIFYING AND EXPANDING LIST OF POSITIONS EXCLUDED FROM CITY SERVICE RECOMMENDATION: The City Council is requested to: a) Introduce Ordinance No. 13-970 (Attachment "A") for first reading by title only, amending Section 2303 of Article A of Chapter 3 of Title 2 of the Temple City Municipal Code, clarifying and expanding list of positions excluded from City service; b) Waive further reading of Ordinance No. 13-970; and c) Set the second reading of Ordinance No. 13-970 for April 16, 2013. BACKGROUND: 1. On May 25, 1960, the City of Temple City was incorporated. 2. On April 16, 1971, the City of Temple City became a Charter City. 3. On January 19, 1993, the City Council adopted Ordinance No. 92-733, an Ordinance of the City Council of the City of Temple City amending Article II, Chapter 3 of the Temple City Municipal Code relative to the personnel system (Attachment "B"). 4. On November 20, 2012, the City Council adopted Ordinance No. 12-963, an Ordinance of the City Council of the City of Temple City amending Article Il, City Council April 2, 2013 Page 2 Chapter 3 of the Temple City Municipal Code, clarifying and expanding the list of positions excluded from City Service (Attachment "C"). ANALYSIS: Over the last three years the City Manager has put together his core management staff that includes all management positions with the exception of the Public Safety Officer. All positions are at -will and excluded from City service, as the terms of their employment are governed by agreement. In order for all positions within the management staff to be consistent, staff is recommending the Public Safety Officer also be excluded from City Service, be at -will and the terms of employment of the position be governed by an employment agreement. Section 2303 of Chapter 3 of Title 2 of the Temple City Municipal Code, recently amended, provides that the personnel system shall apply to all offices, positions and employments in the service of the City with the exception of elective officers, City Manager, City Attorney, members of appointive boards, commissions, committees and persons engaged under contract to supply expert professional or technical services for a definite period of time, part-time and other temporary officers or employees, Director of Parks and Recreation, Director of Community Development, City Clerk, Economic Development Manager/Assistant to the City Manager, Administrative Services Director, Public Safety and Services Manager, Executive Assistant to the City Manager and Planning Manager. An additional amendment to this Section to include the Public Safety Officer as an at -will employee is necessary. [Ole]kq[yR1b9101kiFI Adoption of Ordinance No. 13-970 will provide consistency of employment terms and status of all City management employees. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2012-13 City Budget. ATTACHMENTS: A. Ordinance No. 13-970 B. Ordinance No. 92-733 C. Ordinance No. 12-963 ATTACHMENT A ORDINANCE NO. 13-970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, AMENDING SECTION 2303 OF ARTICLE A OF CHAPTER 3 OF TITLE 2 OF THE TEMPLE CITY MUNICIPAL CODE, CLARIFYING AND EXPANDING LIST OF POSITIONS EXCLUDED FROM CITY SERVICE WHEREAS, Section 800 of Article VIII of the Charter of the City of Temple City (the "Charter") authorizes the City Council to establish by Ordinance a personnel system for City employees; WHEREAS, Section 800 of Article VIII of the Charter further authorizes the City Council to amend such a personnel system by Ordinance of the City Council, from time to time, as may be required in the discretion of the City Council in the public interest; WHEREAS, pursuant to the authority granted to it in the Charter, the City Council enacted Ordinance 92-733 to amend Title 2 of the Temple City Municipal Code to add Chapter 3 to establish a personnel system; WHEREAS, Section 2303 of Chapter 3 of Title 2 of the Temple City Municipal Code provides that the personnel system shall apply to all offices, positions and employments in the service of the City with the exception of elective officers, City Manager, City Attorney, Members of appointive boards, commissions, and committees; persons engaged under contract to supply expert professional or technical services for a definite period of time; part-time and other temporary officers or employees; Director of Parks and Recreation; Director of Community Development; City Clerk; Economic Development Manager/Assistant to the City Manager; Administrative Services Director; Public Safety and Services Manager; Executive Assistant to the City Manager, and Planning Manager. WHEREAS, the City Council desires to exercise the discretion granted to it in the Charter to amend the personnel system to clarify and add to the positions excluded therefrom; THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Amendment of Section 2303 of Article A of Title 2, Chapter 3 of the Temple City Municipal Code. Section 2303 of Article A of Title 2 of the Temple City Municipal Code is hereby amended to read as follows: The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except: A. Elective officers; B City Manager, C. City Attorney; D. Members of appointive boards, commissions and committees; E. Persons engaged under contract to supply expert professional or technical services for a definite period of time; F. Part-time and other temporary officers or employees; G. Director of Parks and Recreation; H. Director of Community Development; I. City Clerk; J. Economic Development Manager/Assistant to the City Manager; K Administrative Services Director; L. Public Safety and Services Manager; M. Executive Assistant to the City Manager; N. Planning Manager; and O. Public Safety Officer. SECTION 2: Effective Date. The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 2nd day of April, 2013. MAYOR ATTEST: APPROVED AS TO FORM: City Clerk City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 12-963 was introduced at the regular meeting of the City Council of the City of Temple City held on the 2nd day of April 2013, its second reading on April 16, 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on April 16, 2013 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk 2- ATTACHMENT B ORDINANCE NO. 92-733 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING ARTICLE II, CHAPTER 3 OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO THE PERSONNEL SYSTEM AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Article II, Chapter 3, Part I is hereby amended to read as follows: ARTICLE H - ADMINISTRATION CHAPTER 3 -PERSONNEL SYSTEM PART I - ADOPTION AND APPLICATION SECTIONS 2300 ADOPTION OF PERSONNEL SYSTEM 2301 NOMENCLATURE 2302 PERSONNEL OFFICER 2303 COMPETITIVE SERVICE 2304 RIGHT TO CONTRACT FOR SPECIAL SERVICE 2300. ADOPTION OF PERSONNEL SYSTEM. In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive selection techniques; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby created. 2301. NOMENCLATURE. The present tense includes the past and future tenses; and the future the present. "Shall" is mandatory and "may" is permissive. The masculine gender includes the feminine and neuter. The singular number includes the plural; and the plural the singular. 2302. PERSONNEL OFFICER. The City Manager shall be the personnel officer. With the approval of the Council, the City Manager may delegate any of the powers and duties conferred upon him/her as personnel officer under this Chapter to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided herein. The City Manager shall: A. Administer all the provisions of this Chapter and of personnel rules not specifically reserved to the Council. B. Prepare and recommend to the Council revisions and amendments to the personnel rules. C. Prepare a position classification plan, including class specifications and revisions of the plan. The plan, and any revision thereof, shall become effective upon approval by the Council. D. Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and the revisions thereof, shall become Ordinance No. 92-733 effective upon approval by the City Council. 2303. CITY SERVICE. Page 2 The provisions of this Chapter shall apply to all offices, positions and employments in the service of the City, except; A. Elective Officers B. City Manager C. City Attorney D. Members of appointive boards, commissions and committees. E. Persons engaged under contract to supply expert professional or technical services for a definite period of time. 2304. RIGHT TO CONTRACT FOR SPECIAL SERVICES. The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this Chapter, including the following: A. The preparation of personnel rules and subsequent revisions and amendments thereof; B. The preparation of a position classification plan, and subsequent revisions and amendments thereof, C. The preparation of a plan compensation, and subsequent revisions and amendments thereof; D. The preparation, conduct and grading of competitive tests; E. Special and technical services of advisory or informational character on matters relating to personnel and administration. SECTION 2. Article IL Chapter 3, Part H is hereby amended to read as follows: ARTICLE H - ADMINISTRATION CHAPTER 3 - PERSONNEL SYSTEM PART II - CLASSIFIED SERVICE SECTIONS 2320 ADOPTION OF RULES 2321 POWERS OF CITY MANAGER 2322 LOYALTY OATH 2323 RESPONSIBILITIES OF CITY MANAGER 2320. ADOPTION OF RULES. Personnel rules, prepared by the City Manager subject to this Chapter, shall be adopted, and may be amended from time to time, by resolution of the Council. The rules shall establish specific procedures and regulations governing the personnel system. Ordinance No. 92-733 2321. POWERS OF CITY MANAGER. Page 3 Subject to the provisions hereof and the Personnel rules so adopted, the City Manager shall have the power to appoint, promote, discipline, demote and dismiss all officers and employees of the City included in the City service. 2322. LOYALTY OATH. Every person employed by the City shall execute a Loyalty Oath in the form and manner designated by the State Legislature. 2323. RESPONSIBILITIES OF CITY MANAGER. The City Manager shall be responsible for the following procedures within the framework of this Chapter: A. The formulation of standards and qualifications for each class of position; B. The public announcement of vacancies and examinations and the acceptance of applications for employment; C. The preparation and conduct of written and/or oral examinations and the establishment and use of employment lists containing the names of persons eligible for appointment; D. The evaluation of employees during probationary period and periodically thereafter; E. The standardization of hours of work, attendance, leave regulations, working conditions and the development of programs for improvement in employees' morale, welfare, training and safety; F. The separation from service of employees through lay-off, suspension and dismissal; G. The maintenance and use of necessary forms and records to indicate days worked, sick leave, vacations, leaves of absence, etc; H. The establishment and maintenance of suitable methods for effective communication between the Council, City Manager, supervisors and other employees relating to conditions of employment in the City service. SECTION 3. Article H, Chapter 3, Part III of the Temple City Municipal Code is hereby amended to read as follows: ARTICLE H - ADMINISTRATION CHAPTER 3 - PERSONNEL SYSTEM PART III - CONDITIONS OF EMPLOYMENT SECTIONS 2340 PAY RATES FOLLOWING PROMOTION 2341 VACATION LEAVE 2342 SICK LEAVE WITH PAY 2343 HOLIDAYS Ordinance No. 92.733 Page 4 2344 APPODMAENTS SUBJECT TO CHAPTER 2345 ABOLITION OF POSITION 2346 POLITICAL ACTIVITIES 2347 SOLICITATION OF CONTRIBUTIONS 2348 STATE AID FOR OFFICER TRAINING 2349 STANDARDS FOR RECRUITMENT AND TRAINING 2340. PAY RATES FOLLOWING PROMOTION. Pay rates upon promotion shall be in line with rules established by resolution of the City Council. 2341. VACATION LEAVE. Vacation leave for City employees shall be established by resolution of the City Council. 2342. SICK LEAVE WITH PAY. Sick leave availability shall be established by resolution of the City Council. 2343. HOLIDAYS. Holidays for the City and for all employees shall be those days as are from time to time established by resolution of the City Council. 2344. APPOINTMENTS SUBJECT TO CHAPTER. The City Manager, and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions, reinstatements, lay-offs and to suspend or dismiss employees shall retain such power subject to the provisions of this Chapter and the personnel rules. 2345. ABOLITION OF POSITION. Whenever in the judgement of the Council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the Council may abolish any position or employment in the competitive service and lay-off, demote or transfer any employee holding such position or employment without filing written charges and without the right of appeal. Competency shall be observed in effecting such reduction in personnel and the order of lay-off shall be made by the City Manager. Lay-off shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the lay-off of any probationary or permanent employee. The names of probationary and permanent employees laid off shall be placed upon re- employment lists for classes which, in the opinion of the personnel officer, require basically the same qualifications and duties and responsibilities of those of the class or positions from which lay-off was made. 2346. POLITICAL ACTIVITY. Employees in the service of the City shall not engage in any political activities proscribed by State Law as may be amended by the State Legislature from time to time. Ordinance No. 92-733 Page 5 2347. SOLICITATION OF CONTRIBUTIONS. No officer or employee of the City, or any other person directly or indirectly shall solicit or receive, or in any manner be concerned in the soliciting or receiving, from anyone on the eligible list or employee in the political service of the City any assessment, subscription, contribution or political service, for aiding or assisting in the campaign for City election, or appointment to any political or official or other position in the City. 2348. STATE AID FOR OFFICER TRAINING. The City declares it's desires to qualify to receive aid from the State, and that its law enforcement agency, the County, receive aid from the State of California under the provisions of Chapter 1, of Title 4, Page 4 of the California Penal Code. 2349. STANDARDS FOR RECRUITMENT AND TRAINING. Pursuant to Section 13522 of said Chapter 1, Title 4 of Part 4 of said California Penal Code, the City and the County acting as the law enforcement agency of the City, while receiving aid from the State pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officers Standards and Training. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and shall cause the same to be published in the Foothill Star Tribune, a newspaper of general circulation, printed, published and circulated in the City of Temple City. APPROVED AND ADOPTED this 19th day of January, 1993. MAYOR ATTEST: Clerk I hereby certify that the foregoing Ordinance, being Ordinance No. 92-733, was introduced at a regular meeting held on the 15th day of December, 1992 and was duly passed, approved and adopted by said Council, approved and signed by the mayor and attested by the City Clerk at a regular meeting on the 19th day of January, 1993, by the following vote: AYES: Councilmember-Budds, Wilson, M NOES: Councilmember-None ~ ABSENT: Councilmember-Breazeal, owana ity Clerk ATTACHMENT C ORDINANCE NO. 12-963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, AMENDING SECTION 2303 OF ARTICLE A OF CHAPTER 3 OF TITLE 2 OF THE TEMPLE CITY MUNICIPAL CODE, CLARIFYING AND EXPANDING LIST OF POSITIONS EXCLUDED FROM CITY SERVICE WHEREAS, Section 600 of Article VIII of the Charter of the City of Temple City (the "Charter') authorizes the City Council to establish by Ordinance a personnel system for City employees; WHEREAS, Section 800 of Article VIII of the Charter further authorizes the City Council to amend such a personnel system by Ordinance of the City Council, from time to time, as may be required in the discretion of the City Council in the public interest; WHEREAS, pursuant to the authority granted to it in the Charter, the City Council enacted Ordinance 92-733 to amend Title 2 of the Temple City Municipal Code to add Chapter 3 to establish a personnel system; WHEREAS, Section 2303 of Chapter 3 of Title 2 of the Temple City Municipal Code provides that the personnel system shall apply to all offices, positions and employments in the service of the City with the exception of elective officers, City Manager, City Attorney, Members of appointive boards, commissions, and committees; and persons engaged under contract to supply expert professional or technical services for a definite period of time; WHEREAS, the City Council desires to exercise the discretion granted to it in the Charter to amend the personnel system to clarify and add to the positions excluded therefrom; THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Amendment of Section 2303 of Article A of Title 2, Chapter 3 of the Temple City Municipal Code. Section 2303 of Article A of Title 2 of the Temple City Municipal Code is hereby amended to read as follows: The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except: A. Elective officers; B. City Manager; C. City Attorney; D. Members of appointive boards, commissions and committees; E. Persons engaged under contract to supply expert professional or technical services for a definite period of time; F. Part-time and other temporary officers or employees; G. Director of Parks and Recreation; H. Community Development Director, I. City Clerk; J. Economic Development Manager/Assistant to the City Manager; K. Administrative Services Director; L. Public Safety and Services Manager, and M. Executive Assistant to the City Manager, SECTION 2: Alternative Amendment to Section 2303 of Article A of Title 2, Chapter 3 of the Temple City Municipal Code Dependent on City Council Adoption of Resolution 12-4866, adding a Full -Time Planning Manager Position to the City's Employee Classification and Pay Schedule. If at the time of the Effective Date of this Ordinance, the City Council has adopted Resolution 12-4866, adding a Full - Time Planning Manager Position to the City's Employee Classification and Pay Schedule, Section 1 of this Ordinance shall not take effect. In that event, Section 2303 of Article A of Title 2 of the Temple City Municipal Cade is hereby amended to read as follows: The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except: A. Elective officers; B. City Manager; C. City Attorney; D. Members of appointive boards, commissions and committees; E. Persons engaged under contract to supply expert professional or technical services for a definite period of time; F. Part-time and other temporary officers or employees; G. Director of Parks and Recreation; H. Director of Community Development; I. City Clerk; J. Economic Development Manager/Assistant to the City Manager; K. Administrative Services Director; L. Public Safety and Services Manager; M. Executive Assistant to the City Manager; and N. Planning Manager. me SECTION 3: Effective Date. The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 6th day of November, 2012. ATTEST: City Clerk/ MAYM APPROVED AS TO FORM: cityd�ey Y I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 12-963 was introduced at the regular meeting of the City Council of the City of Temple City held on the 6th day of November 2012, its second reading on November 20, 2012, and was duly passed, approved and adopted by said Council at the regular meeting held on November 20, 2012 by the following vote: AYES: Councilmember-Blum, Chavez, Vizcarra, Sternquist, Yu NOES: Councilmember-None ABSENT: Councilmember-None ABSTAIN: Councilmember-None � City Clerk -3-