HomeMy Public PortalAbout04) 7B Adoption of Ordinance No. 17-1023 amending TCMC clarifying the list of positions excluded from City serviceAGENDA
ITEM 7.8.
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: April18, 2017
TO: The Honorable City Council
FROM: Bryan Cook , City Manager
By : Tracey L. Hause , Administrative Services Director
SUBJECT: SECOND READING AND ADOPTION 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 requested to waive further reading and adopt Ordinance No . 17-
1023, amending section 2-3A-3 of Article A of Chapter 3 of the Temple City Mun icipal
Code, clarifying the list of positions excluded from City service .
BACKGROUND:
On April 4 , 2017 , the City Council voted 4-0 (Co uncilmember Yu was absent) to
introduce , waive further read ing , and schedule second read ing on Apri l 18, 2017 , of
Ordinance 17-1023 , 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 .
ANALYSIS:
When the City Council took action on March 21 , 2017 and April 4 , 2017 , establ ishing
the new classification of Administrative Assistant to the City Council and City Manager
(to replace the Executive Assistant to the City Manager), it was staff's recommendation
that this position be an at-will , exempt position excluded from City service . The action
recommended in this report will codify at-will , exempt pos itions that are excluded from
City services into the City's Municipal Code .
City Council
April 18, 201 7
Page 2
CITY STRATEGIC GOALS:
By adopting Ordinance No . 17-1023, codifying the positions that are e xempt fo r t he
personnel rules and regulations f urthers the C ity 's Strategi c Goal to promote Good
Governance.
FISCAL IMPACT:
The FY 2016-17 City Budget includes funding for th is reclassified position .
ATTACHMENTS:
A. Ord i nance No. 17-1023
B. C ity Council staff report from Apri14 , 2017
ATTACHMENT A
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, CLARIFYIN G AND REDUCING LIST OF POSITIONS
EXCLUDED FROM CITY SERVICE
WHEREAS, Section 800 of Article VII I of the Charter of the City of Temple City (the "Charter'')
authorizes the C ity Council to establish by Ordinance a personnel system for C ity employees ;
WHEREAS, Section 800 of Article V III 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 T itle 2 of the Temple City Mun icipal Code to add Chapter 3 to establish a personnel
system ;
WHEREAS, Section 2-3A-3 of Chapter 3 of Articl e A of the Temple C ity 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 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 cla rify and add to the positions excluded the refrom;
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Amendment of Section 2-3A-3 of Article A , Chapter 3 of the Temple City
Municipal Code. Section 2-3A-3 of Article A of Title 2 of the Temple C ity 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 th e city,
except:
A. Elective officers;
B. City Manager;
C. C ity Attorney ;
D. Members of appointive boards , comm issions and committees;
E. Persons engaged under contract to supply expert professional or techn ical services
for a definite period of time ;
F . Part-time and other temporary officers or employees;
G . Director of Parks and Recreation;
H. Parks and Recreation Manager;
H. Director of Community Development;
I. City Clerk;
J. E conomic Development Manager/Assistant to the City Manager;
K. Adm inistrative Services Director ;
L. Administrative Assistant to the City Cou ncil and City Manager;
M. Planning Manager; and
N. Pub li c Safety Supervisor.
SECTION 2: Effective Date . The City Clerk shall certify to the passage a nd
adoption of this Ord inance and to its approval by the Mayor and shall cause t he same to be
published according to law.
PASSED , APPROVED, AND ADOPTED this 18th of April, 2017.
Cynthia Stemquist, Mayor
ATTEST: APPROVED AS TO FORM :
Peggy Kuo , City Clerk Eric Vail , City Attorney
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ATTACHMENT 8
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: April4 , 2017
TO: The Honorable City Council
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 requested to introduce Ordinance No . 17-1023 for first reading by
title only ; wa iv e further reading ; and schedule second reading on April 18, 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 . 92-733 , an
Ordinance of the City Council of the City of Temple City amending Article 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 amending Article II ,
Chapter 3 of the Temple City Municipal Code , clarifying and expanding the list of
positions excluded from City Service .
5 . On December 18 , 2012 , the City Council adopted Resolution No . 12-4878 and
Resolution No . 12-4889 amending and adopting Personnel Rules for Full Time
Employees and Part-Time employees and Temporary Employees respect ivel y .
City Council
April 4, 2017
Page 2 of 4
6 . On April 16 , 2013 , the City Council adopted Ordinance No . 13-970 , an Ord i nance
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 e xcluded
from City Service .
7 . On July 7 , 2015, the City Council adopted Ordinance No . 15-1005, clarify ing 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 posit ions including the Parks
and Recreation Manager.
9 . On March 21 , 2017 , the City Council adopted Resolution No . 17-5241 , amend i ng
the Employee Classification 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 moving 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 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 2-3A-3 of Chapter 3 of Article A of the Temple City Municipa l Code provides that
the personnel system shall apply to all offices , positions and employments in the serv ice
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 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 w ith
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 technical 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 ;
• Economic Development Manager/Assistant to the City Manager;
• Administrative Services Director;
• Executive Assistant to the City Manager
• Public Safety Supervisor; and
• Planning Manager
When the City Council took action on June 7 , 2016 and March 21 , 2017 respectively ,
establishing the new classifications of Parks and Recreation Manager and
Administrative Assistant to the City Council and City Manager (to replace the Executive
Assistant to the City Manager), it was staff's recommendation that these positions be
at-will, exempt positions excluded from City service . The action recommended i n this
report will codify current at-will , exempt positions that are excluded from City services
into the City's Municipal Code.
The revised list of exempted positions are as follows :
• Elected Officer;
• City Manager;
• City Attorney;
• Members of appointive boards , commissions , and committees ;
• Persons engaged under contract to supply expe rt professional or technical serv ic es
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;
• Administrative Assistant to the City Council and City Manager;
• Economic Development Manager/Assistant to the City Manager;
• Administrative Services Director;
• Public Safety Supervisor; and
• Planning Manager.
City Council
April 4, 2017
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