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HomeMy Public PortalAbout13) 10A Ordinance 17-1023 Clarifying the List of Positions excluded from City ServiceAGENDA ITEM 10.A. ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE : April4 , 2017 TO: The Honorable City Cou ncil FROM: Bryan Cook , City Manager By : Tracey L. Hause , Administrative Services Director SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 17-1023, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, AMENDING SECTION 2-3A-3 OF ARTICLE A OF CHAPTER 3 OF THE TEMPLE CITY MUNICIPAL CODE , CLARIFYING THE LIST OF POSITIONS EXCLUDED FROM CITY SERVICE RECOMMENDATION : The City Council is re quested to introduce Ordinance No . 17-1023 for first reading by t itle only ; waive further reading ; and schedule second reading on April18, 2017 . BACKGROUND: 1. On May 25 , 1960 , the City of Temple City was incorporated . 2 . On April16 , 1971 , the City of Temple City became a Charter City. 3. On January 19, 1993 , the City Council adopted Ordinance No . 92 -7 33 , an Ordinance of the City Council of the City of Temple City amending Articl e II, Chapter 3 of the Temp le City Municipal Code relative to the personnel system . 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 amend in g Article II , Chapter 3 of the Temple City Municipa l Code , clarifying and expanding the li st of positions excluded from City Service . 5 . On December 18 , 2012 , the City Council adopted Resolution No . 12-4878 and Resolut ion No . 12-4889 amending and adopting Personne l Rules for Full Time Employees and Part-T i me employees and Tempora ry Emp loyees respect ively. City Counci l April 4, 2017 Page 2 of 4 6 . On April 16 , 2013 , the City Council adopted Ordinance No . 13-970, an Ordinance of the City Council of the City of Temple City amending Article II , Chapter 3 of the Temple City Municipal Code , clarifying and expanding the list of positions excluded from City Service. 7 . On July 7 , 2015 , the City Council adopted Ordinance No . 15-1005 , clarifying the list of positions excluded from City service . 8 . On June 7 , 2016, the City Council adopted Resolution No . 16-5173, amending the Employee Classification Plan among for a number of positions including the Parks and Recreation Manager. 9 . On March 21 , 2017 , the City Council adopted Resolution No . 17-5241 , amending the Employee Class ification Plan adding Administrative Assistant to the City Council and City Manager. ANALYSIS: In Fiscal Year (FY) 2012-13 , the City Council took a series of recommended actions to ensure that the City of Temple City was moving forward in implementing best practices in the area of personnel management by revising current City policies , procedures and practices . There were two phases in mov ing the organization towards best practices in the area of personnel management. The first phase was to update and ensure all governing documents (i.e ., City Charter and City Code) and policies and procedures were accurate and consistent. The second phase of this process was to adopt the City's revised Personnel Rules and Regulations . 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 Counci l 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 2-3A-3 of Chapter 3 of Article A of the Temple City Municipal Code prov ides 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, C ity 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 had, by adoption of resolutions for a number of years , exempted positions from the personnel system . In order to ensure those exemptions were cons istent with the City Code and the Charter, it was recommended and approved to put the exempted positions in the City Code itself, by adoption of Ordinance . City Council April 4 , 2017 Page 3 of 4 The exempted positions were as follows : • Elected Officer; • City Manager; • City Attorney ; • Members of appointive boards , commissions , and committees ; • Persons engaged under contract to supply expert professional or techn ical services for a defin ite period of time ; • Part-time and other temporary officers or employees ; • Director of Parks and Recreation ; • Parks and Recreation Manager; • Director of Community Development; • City Clerk ; • Economic Development Manager/Assistant to the City Manager; • Administrative Services D irector; • Executive Assistant to the City Manager • Publ ic Safety Supervisor; and • Planning Manager When the City Council took action on June 7 , 2016 and March 21 , 2017 respectively, establish i ng the new classifications of Parks and Re cre ati on Ma nager and Admin istrative Assistant to the City Council and City Manager (to replace the E xecutive Assistant to the City Manager), it was staffs recommendation that t hese pos itions be at-will , exempt positions excluded from City service . The action recommended in this report will codify current at-will , exempt positions that are exclu ded from City serv ices into the C ity 's Municipal Code . The revised l ist of exempted pos itions are as follows : • Elected Officer; • City Manager; • C ity Attorney ; • Members of appointive boards , commissions , and comm ittees; • Persons engaged under contract to supply expert profession a l or tech nical services for a definite period of time; • Part-time and other temporary officers or employees ; • Director of Parks and Recreation ; • Parks and Recreation Manager; • Director of Community Development ; • City Clerk ; • Adm in istrative Assistant to the City Council and City Manager; • Economic Development Manager/Assistant to the C ity Manager; • Administrative Services D irector; • Public Safety Superviso r; and • Planning Manager. City Council April4 , 201 7 Page 4 of 4 CITY STRATEGIC GOALS: Adoption of Ordinance No . 17-1 023 will promote or further the City 's Strategic Goal of Good Governance . FISCAL IMPACT: This item does not have an impact on the FY 2016-17 City Budget as this action only eliminates the position from the personnel system . ATTACHMENT: A. Ordinance No . 17-1023 ATTACHMENT A ORDINANCE NO. 17-1023 AN ORDINANCE OF THE CITY CO UN CIL OF THE C ITY OF TEMPLE CITY, AMENDING SECTION 2-3A-3 OF ARTICLE A OF CHAPTER 3 OF THE TEMPLE CITY MUNICIPAL CODE, CLARIFYI NG AND REDUCING LIST OF POSITIONS EXCLUDED FROM CITY SERVICE WHEREAS, Section 800 of Article VIII of the Charter of the C ity of Temple C ity (the "Charter") authorizes the City Council to establish by Ordinance a personnel system for City employees; WHEREAS, Section 800 of Article V II I 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 M unicipal Code to add Chapter 3 to establish a personnel system ; WHEREAS, Section 2-3A-3 of Chapter 3 of Article A of the T emple City Mun icipal Code provides that the personnel system shall apply to all offices, positions and employments in the service of the City with the exception of the positions expressly exempted by the City Council. 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 C ITY COUNCI L OF THE CITY OF TEMPLE CITY H EREBY ORDAINS AS FOLLOWS: SECTION 1: Amendment of Section 2-3A-3 of Article A , Chapter 3 of the Templ e C ity Municipal Cod e. Section 2-3A-3 of Article A of Title 2 of the Temple City Municipal Code is hereby amended to read as follows: The provisions of this chapte r shall apply to all offices, positions and employments in the service of the c ity , except: A. Elective officers; B. City Manager; C. City Attorney ; D. Members of appoint ive boards, commissions and committees ; E. Persons engaged under contract to supply expert professional or technical services for a definite period of time; F . P art-time and other temporary officers or employees; G . Director of Parks and Recreation ; H. Parks and Recreation Manager; H. Director of Community Development; I. C ity Clerk ; J . Economic Development Manager/Assistant to the City Manager; K. Administrative Services D irector; L. Adm inistrative Assistant to the C ity Counci l and C ity Manager; M . Planning Manager; and N. Public Safety Supervisor. SECTION 2: Effective Date . The Ci ty 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 18th of April , 2017 . Cynthia Sternqu ist , Mayor ATTEST: APPROVED AS TO FORM : Peggy Kuo, City C lerk Eric Vail , City Attorney -2 -