HomeMy Public PortalAbout06) 8.A. 2nd READING ORD.12-963MANAGEMENT SERVICES DEPARTMENT
DATE: November 20, 2012
TO: The Honorable City Council
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FROM: Jose E. Pulido, City Manager
By: Tracey L. Hause, Adminis rative Services Director
AGENDA
ITEM 8.A.
SUBJECT: SECOND READING AND ADOPTION OF 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
RECOMMENDATION:
The City Council is requested to waive further reading and adopt Ordinance 12-963
(Attachment "B") by title only.
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 "A").
4. On February 21, 2012, the City Council approved an employment agreement for
the Administrative Services Director.
5. On November 6, 2012, the City Council introduced Ordinance 12-964 for first
reading. There were no public comments.
City Council
November 20, 2012
Page 2
ANALYSIS:
Since the hiring of Administrative Services Director Hause in February 2012, she has
been working to ensure that the City of Temple City is moving forward in implementing
best practices in the area of personnel management by revising current City policies,
procedures and practices. There are two phases in moving the organization towards
best practices in the area of personnel management. The first phase is to update and
ensure all governing documents (i.e., City Charter and City Code) and policies and
procedures are accurate and consistent. The second phase of this process will be the
recommendation to adopt the City's revised Personnel Rules and Regulations, Pay for
Performance Plan and the Classification and Compensation Study scheduled on
December 18, 2012. The remaining steps are administrative in nature as staff will
implement revised administrative policies related to the Personnel Rules and
Regulations and performance evaluations after the first of the new calendar year.
In implementing the first of the two phases, Section 800 of Article VIII of the Charter of the
City of Temple City (Charter) authorizes the City Council to establish by Ordinance a
personnel system for City employees. This Article 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.
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.
The City has by adoption of resolutions for a number of years exempted positions from
the personnel system. In order to ensure those exemptions are consistent with the
Municipal Code and the City Charter, it is preferable to put the exempted positions in
the Code itself. These exempted positions are as follows:
• Elected Officer;
• 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;
• Director of Parks and Recreation;
• Director of Community Development;
• City Clerk;
• Economic Development Manager/Assistant to the City Manager;
• Administrative Services Director;
• Executive Assistant to the City Manager;
• Public Safety and Services Manager; and
. Planning Manager.
City Council
November 20, 2012
Page 3
The City Council is requested to adopt Ordinance No. 12-963 amending Section 2303
of Article A of Chapter 3 of Title 2 of the Temple City Municipal Code, clarifying and
expanding the list of positions excluded from City service (Attachment "B").
CONCLUSION:
Adoption of Ordinance No. 12-963 will codify the positions that are exempt from the
personnel rules and regulations.
FISCAL IMPACT
This item does not have an impact on the Fiscal Year (FY) 2012-13 City Budget.
ATTACHMENT(S)
A. Ordinance No. 92-733
B. Ordinance No. 12-963
Attachment A
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 THIN 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 II - ADMINISTRATION
CHAPTERS - 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
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 HI - CONDITIONS OF EMPLOYMENT
SECTIONS
2340 PAY RATES FOLLOWING PROMOTION
2341 VACATION LEAVE
2342 SICK LEAVE WITH PAY
2343 HOLIDAYS
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.
MAJOR
ATTEST:
city
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-Budd:
NOES: Councilmember-None
ABSENT Councilmember-Breaz
Attachment B
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 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;
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. Director of Parks and Recreation
G. Community Development Director;
H. City Clerk;
I. Economic Development Manager/Assistant to the City Manager;
J. Administrative Services Director; and
K. Public Safety and Services 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 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. Director of Parks and Recreation;
G. Director of Community Development;
H. City Clerk;
2-
I. Economic Development Manager/Assistant to the City Manager;
J. Administrative Services Director;
K. Public Safety and Services Manager; and
L. Planning Manager.
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 _ day of 2012.
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
- 3 -
Attachment B
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 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;
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 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;
2-
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.
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 day of 2012.
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk
3-
City Attorney
Attachment "B"
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 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;
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 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;
-2-
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.
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 day of 2012.
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk
-3-
City Attorney