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HomeMy Public PortalAbout05) 7D Adoption of Reso Amending Personnel Rules for Full-Time EmployeesAGENDA ITEM 7.0. ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE: February 21 , 2017 TO: The Honorable City Council FROM: Bryan Cook , City Manager By : Tracey L. Hause , Administrative Services Director SUBJECT: ADOPTION OF RESOLUTION AMENDING THE PERSONNEL RULES FOR FULL TIME EMPLOYEES RECOMMENDATION: The City Council is requested to adopt Resolution No. 17-5235 (Attachment "A ") amending the Personnel Rules for full time employees. BACKGROUND: 1. On December 18 , 2012 , the City Council adopted Resolut ion No. 12-4878 and Resolution No . 12 -4880 amending and adopting Personnel Rules for Full Time Employees, Part-Time employees and Temporary Employees respectively. 2 . On Ja nua ry 15 , 2013, the City Council adopted Resolution No . 13-4885, amending the Personnel Rules for full time employees allowing and implementing a cap on compensatory time earned . 3. On September 10, 2014 , Governor Brown signed into law Assembly Bill (AB) 1522 , the Healthy Workplaces , Healthy Fam i lies Act of 2014 ("Act"), requiring that all employees , including part-time , temporary , and seasonal employees , rece ive some level of sick leave benefits. 4 . On Ju ly 7 , 2015, the City Council adopted Resolution No . 15-5096 amending the Personnel Rules for full time employees implementing AB 1522 , the Healthy Workplaces, Healthy Families Act of 2014 . 5 . On June 7 , 2016 , the City Council adopted Resolution No . 16-5169 approving the Memorandum of Understanding (MOU ) between the City of Temple City (City) and the Temple City Employees Association (TCEA) and amending salary ranges for City Council February 21 , 2017 Page 2 of 2 positons represented by TCEA. 6 . On January 17 , 2017 , City represents met with the TCEA Board of Directors and the proposed changes were approved by TCEA. ANALYSIS: In the adopted MOU , the City and TCEA agreed to maintain a standing Joint Labor Management Comm ittee (JLMC) that will be made up of representatives of TCEA and the City . There was an interest by both parties to implement changes in the Personnel Rules . As a result , the City met with TCEA on a number of occasions through the fall of 20 16 . Agreeme nt was reached on the proposed changes . Proposed changes include : recognizing military and veteran status for harassment, discrim ination and retaliation ; updating application processing to reflect current practices ; and updates on criminal conviction history requests as part of t he application process to ensure compliance with State law . Attached is a copy of blue lined changes to t he Personnel Rules . CITY STRATEGIC GOALS: Adopt ion of Resolution No . 17-5235 will further the City's Strategic Goal of Good Governance . FISCAL IMPACT: There is no immediate fiscal impact to these proposed changes to the Personnel Rules . ATTACHMENT: A. Reso lution No. 17 -5235 ATTACHMENT A RESOLUTION NO. 17-5235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING PERSONNEL RULES FOR FULL TIME EMPLOYEES WHEREAS , Section 2320 of Chapter 3 of the Municipa l Code for the City of Temple City requires the City Council to adopt personnel rules to establ ish specific procedures and regulations for employees in the C ity's personne l system ; WHEREAS , Section 2320 of Chapter 3 of the Municipal Code for the City of Temple City permits the City Council to amend sa id personnel rules f rom time to tim e by resolution ; NOW, THEREFORE, the City Council of the City of Temp le City does hereby resolves as follows : SECTION 1. Amendmen t of Personnel Rules . Article 4-Nond iscrimin ation , Article 6 - Applications and Applicants , Article 7 -Examinations , Article 8 -Employment Lists , Article 16 -Code of Ethics and Conflict of Interest and Article 19 -Policy Against Harassment, Discrimination , and Retaliation , in t he attached Pe rsonne l Rules are hereby amended to reflect current practices . SECTION 2 . Effective Date . The attached amendmen t will become effective immediately. SECTION 3 . Authorized S ignatures . The Ma y or , or pres id ing officer, is hereby authorized to affix his signature to this Resolution signifying its adoption and t he City Clerk , or her duly appointed deputy , is directed to attest thereto . SECTION 4 . Clerk's Certification . The City Clerk shall cert ify to the adoption of this Resolution . PASSED , APPROVED AND ADOPTED on this 21st day of February, 2017 . Vincent Yu , Mayor ATTEST : APPROVED AS TO FORM Peggy Kuo , City Cle rk Eric Va i l, City Attorney I hereby certify that the foregoing resolution , Resolut ion No . 17-5235 , was duly passed , approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 21st day of February , 2017 by the following vote : A YES : Councilmember- NOES : Councilmember- ABSENT: Councilmember- ABSTAIN : Councilmember- Peggy Kuo , City Clerk I RV 1148 11-4 82 1-9 154 v i REVISIO NS TO EEO PRO VIS IO NS IN PER S ONNE L RULES ARTICLE 4 NONDISCRIMINATION Section 1 . E q ual Emp loyment Opportunity . It is the C ity 's policy to ensure equa l employment opportunity fo r all person s seeking employment or p romotion to assure equal em ployment opportunity based upon ability and fitness to all pe rson s r egardless of race , rel igious creed , color, national origin, ancestr y , sex , age , p hysical or mental disabi li ty , medical conditio n , sex ual orientation , marital status , gender id en tity , gend er ex pression , genetic characteristics or information , military and veteran status and/or any othe r ca t eg o ry protected by federal and/or state law. Employees who believe th ey have ex perience d any form of employment discrimination are encouraged to report this immediately , using th e co mplain t procedure provided in the City's policy prohibiting harassment, discrim inati on , and retal iation. ARTICLE 16 CODE O F ETHICS AND CONFLICT OF INT EREST (C) ... (6) No employee shall di scrimin at e a gai n st or harass a citi ze n or co-work er o n the basis of race , rel igious creed , color, national or igin, ancestry , sex, age , physical or mental d isability, medical co nd ition , sexual orientatio n , marital status , gend e r identity , gender expression , genetic characteristics o r information , military and veteran status and /o r a ny other category protected by fede ral an d/or state law. ARTICLE 19 POLICY AGAINST HARASS M ENT, DISCRIMINATION , AND RETALIATION City policy proh ibits un lawful harassment and discrim ination base d on an employee's race , relig ious c reed , color, n ati o na l o rigin , ancestry , sex, ag e, phys ic al o r me ntal disability, medical condition , sexual o rientation , marital st atu s , gender identity , ge nder expression , genetic characteristics or i nformati on ~ military and veteran status, and/or any other category protected by fede ral and/or state law. In addition, City policy prohibits reta lia tion because o f t h e employee's o pposition to a practice t he employee reasona b ly believes t o c onstitute employme nt discrim ination or harassment or because of the employee 's pa rticipat ion in an em ployment investigati on , proceeding , or heari ng . E mployees who believe they have be en harassed, d iscriminated against , or reta li ated against, should re port that conduct to the City, and the City w ill investig ate tho se co m plaints . For m ore inform at ion regard ing t he pol icy and com plai nt p rocedures, employees sh ould review the C ity's po licy aga inst harassment, discrim ination , and reta liation for addi tional info rmati o n. PROPOSED C H ANGES T O APPLICATI ON AND R ECR UITMENT ARTI CLES ARTICLE 6 APPLICATIONS AND APPLICANTS Section 1. Announcement. All examinations for vacancies in classes in the classified service shall be public ized by posting announcements QO.Jhe City's website. in the City Hall, on official bulletin boards, on th e City's official website , aAG-QL.by such othe r methods as the Personnel Officer deem s advisable. The announcements shall spe cify whether the recruitment will be interna l or open-competitive the title and pay of the c lass fo r which the e xa m ination is announced; the na tu re of t he work to be performed; the preparatio n desirable for the performance of the work of the class ; the manner of making applicatio ns; and other information deemed pertinent by the Personnel Officer. 6. The Personnel Officer may conduct an internal recruitment when he or she determines in his/her sole discretion that doing so is in the best interest of the City W If the Personnel Officer determ jp es that an initial internal recru jtmept wjll be copdycted then the City will limit all initial advertisement for the posit ion to current employees on ly and will jnitiate the exa m ination process in accordance with Article 7 ending with an interview with the responsible Department Head ,(gl As oart of an initia l screenino orocess employees who adlieY.e.clarLOY.erall rating of "Improvement Needed" on thejr most recent performance report will be disqualified from further consideration at the first step of the internal recru itment ~ Following completion of the interview process fo r internal applicants and scorina of candidates in a cco rdance with Article 7 the Department Head will provide the Personnel Officer with a written recommendatio n as foll ows· 00 A promotional employment l js t should be used in accordance w jth Article 8 to extend a conditional offer of employment {Ql Cause exists as set forth in Section 4 of Article 8 to aboljsh the promotional employment list and proceed with an open-competitive recruitment for wh ich any prior internal candidates may re -app)~. B.. If the Personnel Officer finds cause to abolish the internal employment list City will notifv the affected applicants of th is action and of the opportunity to re-apply.JILConne.clion..with_the_open - competitive recruitment The vacancy wjll then be posted as an open -competi tive recru itmept in accordance with this Article Section 2. Applica ti on Forms. Each per so n participating in a scheduled se lection process for em ployment must have completed and filed an official application form for that recruitment. The Personnel Officer must receive the official application form no later than the date and time of the last fi ling deadline as published in the announcement. Each applicant must sign the applisation form sertifying complete the form as directed and ce rt ifv that all sta te ments are corr ect. Should an applicant be hired , and sho uld it later be found that the applicant made fa lse or mis leading state ments on the application , di sciplinary act ion up to and including termi nation may be im posed. In addition , persons applying for po sitions must com ply with the following co nditio ns: A . Meet the general conditions pertaining to filing applica tions for positions according to these Personnel Rules ; B. Meet the specific requirements as shown on the announcement for a particular position ; C . Meet the requirements for the lawfu l right to work in the Uni ted States or United States citizenship when applying for City positions ; and PROPOSED CHANGES TO APPLICATION AND RECRUITMENT ARTICLES D. Be willing and able to accept the em ployment in the present vacant position or a future similar vacant position, if employment were offered . Names of persons app lying for City positions or the evaluation of their participation in any selection process will not be made public. Applications will be accepted when recru itment has begun for a position . Section 3 . Submitting Applications. Applications must be subm itted as prescribed on the examination announcement. Application form s will require information covering training , experi ence , and other pertinent information , and may include certificates verifying such information . The person applying m~:~st sign the applisation . Applisations ~:~nsigned by the applisant are sonsidered insomplete , and will not be asseptedApplicants must complete the form as directed and certify that all statements are correct . The Pe rsonnel Officer m ust receive complet ed applications no late r than the date and time published as the final filing date . Sectio n 4 Criminal Con vict ion History A... The City shall not ask any applicant for employment to disclose through any written form or verb ally at any time information concerning an arrest or detention that did not resu lt in conviction or information concern ing a referral to and participation in any pr etrial or posttrial d ivers ion prog ram or concerning a conviction that bas been judicially dismissed or ordered sealed pursuant to law including but not limited to Sections 1203 4 1203 4a 1203 45 and 1210 1 of the Penal Code B.. Unless otherwise requ ired by law the C ity shall not ask an applicant for employment to disclose orally or in writing informatio n concerning the conviction history of the applicant until the City bas determ ined that the applicant meets the minimum employment qualifications as stated in any notice issued for th e position The job announcement for the position in question will advise whether a lawful exception to this p rovision applies such as for positions subject to the stringent re quirem ents of Public Resources Code Section 5164 Section 5 Sestion 4 .I ncomplete Appl ications . Applications lacking information deemed material by the Personnel Officer may be ret1:1rned to the applisant with notise to amend provided adeq~:~ate time exists bef.ore the fina l fi ling date . lnsomplete applisations reseived at not be accepted The City may notjfv the applicant regarding missing information and provide an opportunity to re-submit Any incomplete applications including re-submitted applications that remain incomplete that are received fewer than two full business days before the end of the filing period will not be given sonsideration f.or City employmentaccepted . Section 6 Se6tien-&.Disgualification . The Personnel Officer may eli m inate from the selection p rocess, remove from the eligibility list, or refuse to certify for the position, the name of any person: A. Who does not meet the m in imum qualifications established for the class or position to whic h they seek appointm ent; B. Who has made a false statement, misrepresentation , or omission of material fact , or actual or attempted deception , fraud or m isconduct in connection with his/her application ; C . Who has fai led to s~:~bmit a somplete applisation with in the pressribed time limit; .C... 9:-Who has directly or indirectly ob tain ed information regarding examinations to which applica nts are not entitled ; E . Who has been son•1isted , insl~:~ding pleas of g~:~ilty and nolo sontendere , of any felony or misdemeanor, whish was of SI:JGh a nat~:~re as to reflest adversely and si:Jbstantially on the applisant's ab il ity to perform the di:J ties of the position . The City Manager may disregard SI:JGh ,---------~ -- PROPOSED CHANGES T O APPLICATION AND RECRUITMENT ARTICLES convictions of felonies or m isdemeanors if it is foi:Jnd and determined by the City Manager that mitigating c irci:Jmstances elEist. In making si:Jch determination , the City Manager may consider the classification , incii:Jd ing sensitivity, to whish the 13erson is ai=J~=Jiying or being certified and whether the olassification is I:Jnrelated to the oon·;iotion ; the nati:Jre and serioi:Jsness of the offense ; the c irci:Jmstances si:Jrroi:Jnd ing the offense; the length of time ela13sed s inoe the con•;iot ion ; the age of the I=Jerson at the time of con¥iction; the I=Jresenoe or absence of rehabilitation or efforts at rehabil itation ; and/or contribi:Jting sooial or environmental cond itions . D... Who has a c riminal conviction based on which the City is prohibited from employing the individual under a ny circumstance s. such as for positions subject to the stringent requirements of Public Resources Code Section 5164 ~ P.,.Who has otherwise v iolated provisions of these Personnel Rules . E. In addit ion , applicants with the least desirable background or qualifications among a large number of applicants may be den ied further participation in the selection process through an evaluation of their qualifications, thus provid ing a reasonable number of the best qualified candidates for considerat io n . Applicants disqualified from further partici pation in the se lection process will be promptly notified to 13ermit SI:Jbmission of additional information 13rovided that the time lim it for reoei•;ing ai=J~=Jiioations has not elEI=Jired . Notice will be mailed to the last known address ; regard ing the reason and may be permitted an opportunity to su bmit additional responsive informatio n if a ny Notice will be sent usi ng the contact informatio n provi ded by the applicant and it will be the applicant's respons ibility to kee p his/her .oon.tact information current address on file . Whenever an application is ultimately rejected , the Administrative Services Department wil l mail notice of SI:Jch rejection to ~the appli cant regarding the rejection . Section 7 Section 6 .Aooli cation Disposition . Completed app lication forms and any supporting documentation become the property of the Cit y. They w ill not be returned to the individual applicant. The City may destroy applications filed through the se lection process in accordance with the City's document retent io n policy. ARTICLE 7 EXAMINATIONS Section 1. Nature and Tvoes of Exa mination . The selec tio n techn iques used in the examination process shall be impartial , be of a practical nature , and relate to those subjects which , in the opinion of t he Personnel Officer , fairly measure the relati ve capacities of the applicants to ex ecute the duties and responsibi lit ies of the class to which they seek to be appointed . Examinations shall consist of one or more select io n techniques that w ill test fai rly the qua li ficat io ns of applicants such as , but not limited to , personal interviews, achievement and aptitude tests , other written tests , performance tests , physical agility tests, evaluation of daily work perfo rm ance, wo r k samples , post-offer medical tests , ex perience, or any combinatio n of these or other tests . The Personnel Officer shall ensure that reasonable accommodations are made in examinations for persons with disabilities under the ADA and /or FEHA, when needed . All medical exam inations (i ncluding drug tests) sha ll only be administered after the conclus ion of all other examinations , except the probationary period, and after a conditional offer of employment h as been made by the City. A. Promotional Examinations . Promotional elEaminations may be condi:Jcted whenever, in the 013 inion of the Personnel Offi oer, the needs of the seF¥ice reqi:Jire si:Joh an elEamination . Promotional examinations may include any of the selection techn iques mentioned in Section 1, or any combination of them . Only regi:Jiar or All City emp loyees i ncludin g temporary . part-time probationary-and regular employees who meet the requirements set forth in the promotional e xamination a nn ouncements may compete in promotiona l examinations . PROPOSED CHANGES T O APPLICATION AND RECRUITMENT ARTICLES B. Open-Competitiv e Exam inations. Open-competitive examinations may be conducted whenever, in the opinion of the Personnel Officer, the needs of the service require such an exam ination. Open-competitive examinations may include any of the selection tech n iques mentioned in Section 1 , or any combination of them . Section 2 . Conduct of Exam ination. The City Manager may contract with any competent agency or individual for the prepa ri ng and/or administeri ng of examinations . In the absence of suc h a contract , the City Manager will see that such duties are performed . Selection material will be prepared under the direction of the Personnel Officer. The Personnel Officer may use examinations prepared by the contracted agencies or individuals when deemed appropriate . Qualified employees may assist in the development and adm ini stration of the selection process if requested by the Personnel Officer. Section 3 Supplemental Applicat ion Rega rd ing Cri m inal Histo ry A. A pplicants who are inv ited to pa rti cipa te in an interview following initial screeni ng for minimum qualifications w ill be requested to complete a supplemental application reg arding cri minal conviction history for review by the City and a background screening as pa rt of the exam ination process .B... If the supplemental application o r a subsequ ent background screen ing discloses a previous crimina l conviction the Personnel Officer wi ll take into account a number of factors in determining whether to disqua lifv the applicant or rescind a conditiona l offer if any Such factors may include the nature of the posit ion natu re of th e convict ion length of time since co nvic tion and com pletion of any resulting incarceration or proba tio n If the Personnel Officer disqualifies the candidate based on the conviction the City will pro v ide notificat ion along w ith a copy of the criminal history report if any Section 4 Section a.Scoring Exa minati ons and Qualifvina Scores. A candidate's score in a given examination shall be the average of his/her scores on each competitive part of the examination , weighted as shown in the exam ination announcement. Failure in one part of the examination shall be grounds for declaring such an applicant as having failed in the entire examination or as being disqualified for subsequent parts of an examination . As part of an examination, the Pe r sonnel Officer may , at his/her discretion , include tests that are qualifying onl y. Section 5 Seotion 4 .Notice of Examina tion Results . Applica nts will be notified in writing conce rn ing the results of the ir participation in the selection process , but applicants will not be advised of any score received . Said notification will indicate w h eth er or not the applicant has been placed on the employment list. Section 6 . Seotion 5 .Record . The re c ord of each selection process will be maintained by the Ad m inistrative Services Dep artment for the period defined in the City 's Reco rd Retention Pol icy following the close of the selection process and will include the applicant's name and scores, m ethod of testing , sco res of the examinatio n , a nd the names of the proctors . ARTICLE 8 EMPLOYMENT LISTS Section 1. Establishment of Employment List. As soon as possible after the completion of an examination , the Pe rso nnel Officer wi ll certify an employment lis t. Employment lists established wi ll be confidential; names and final scores will not be made public information . Section 2 . Type of Employment Lists. A. Promotiona l Employment List. The names of eligibles wi ll be placed on the list in order of their fina l score in accordance w ith Article 7 . PROPOSED CHANGES TO APPLICATION AND RECRUITMENT ARTICLES B. Open-Competitive Employment List. The names of elig ibles will be placed on the list in order of their final score in accordance with Article 7. C. Reemployment Li st. The names of emplo yees laid off under the provisions of Article 20 shall have their names placed on a reemployment list. In addition. employees who are rejected du r ing a promotional probationary period and cannot be returned to the ir prior pos ition or a similar position sha ll have the ir names placed on a reemployment list for their prior position. Section 3 . Order of Eligible s. A. Upon scoring of all examination components. the names of elig ib les will be placed in eligibility categories accord ing to composite performance on we ighted select ion procedures. B. Tied Scores . Except as provided in th is section , in case of tied sco res , all eligib les shall receive similar treatment which shall include certification at the same time , notwithstanding that such action may req uire an exceptio n to any of these Personnel Rules pertaining to numbers of persons certified. (1) Veteran 's Preference. For purposes of placement on the list of eligibles, if an applicant who has a tied sco re in an examin ation is a veteran. as that term is defined in Section 50088 of the Ca lifornia Government Code , the tie w ill be broken in favor of the veteran . such that the veteran will be placed at a higher positio n than the non-veteran . Section 4 . Use and Duration of Employment Lists . An employment list shall become effective upon the Personnel Office r's ce rtification that the li st was prepared and represents the re lative evaluation of the applicants whose names appear thereon. Each employment list generally will on ly be used to fill one position . However, the Pe rsonnel Officer, in his/her discretion. ca n use an employment list to fill mor e than one position . Each employment list shall rema in effective for six months or un til the Personnel Officer abolishes the list, wh ichever occurs sooner. The Personnel Officer may extend an employment list for a period not greater than an additional six months when it appears to be in the best interest of the City . The Pe r sonne l Office r may abolish a n employment list when fewer than th ree names remain on the list or when a certificatio n of three active elig ib les is not available. Active eligibles on a n abolished list will be given the opportunity to reapply for the classificat ion or have the ir names integrated in a newly established list if the selection procedure has not changed , for a period not to exceed the life of the newly establ ished list. Such integration may be granted on ly once for any list. Section 5 . Remova l of Names from Em ployment Lists . The Personnel Officer m ay remove the name of any eligib le appl icant from an employment list upon any of th e following occu rrences : A. On evidence that the el igible applica nt cannot be located by postal authorities . Failure to reply w ithin seven days to a letter requesti ng information as to availability for appointment, or failure to notify the Personnel Officer of any c hang e of address resu lti ng in the return of letters without forwa rd ing by the U .S . Postal Service, will be considered grounds for removal. With such evidence, on s ubm iss ion of a request therefor, giving acceptable reasons as to why the notice was not returned or change of address not filed , the Personnel Officer may restore the name of an eligible can di date to the employment list. B. On th e applicant's fai lure to respond to correspondence sent to the emai l address the applicant has provided the City within five business days of the corr espondence being sent; or if the City rece ives notice that the email address provided by the applicant did not accept the correspondence . C. Upon receipt of a written statement from the eligible applicant declining appointment and stating that he/she wis hes his/her name to be removed from the employment list. PROPOSED CHANGES TO APPLICATION AND RECRUITMENT ARTICLES D. If an offer of regular full-time employment in the class for which the employment list was established has been declined by the eligible applicant. Section 6 . Em p lo ym en t List Priority. Priority fo r cons idera tio n for employment s hall be given to a Reemployment List. In th e absence of a Reemp loyment List, there shall be no priority given among th e employment lis ts .\t'IJhen t here is more than one employment li st , the City Manager shall determ ine wh ish employment list to use . Section 7 . Availab ility of Eligibles . It s hall be the responsibi lity of eligible applicants to notify the Personnel Officer in w rit ing of any change of address-other changed contact information or other c hange affecting their availability for appointment.