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HomeMy WebLinkAboutItem 4.07 PublicSvcEmployee (2)CITY CLERK 0700-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 5, 1999 SUBJECT: Public Service Employee Classification Report ,Prepared by: Richard C Ambrose, City Manager ATTACHMENTS: 1. Resolution Amending the Classification Plan 2. Resolution Amending the Salary Plan Employees 3. Sample Employment Agreement for Part-Time RECOMMENDATION: FINANCIAL STATEMENT: Establish Public ServiCe Employee classification by taking the following actions: 1. Adopt Resolution Amending Classification Plan 2. Adopt Resolution Amending Salary Plan for Part-Time Employees The creation of the P~blic Service Employee classification does not have a direct financial impact on the City of Dublin. The Public Service Employee classification is a broad job classification that allows the City Manager the flexibility to hire limited duration temporary employees to fill a range of City needs, while ensuring compliance with IRS rules and regulations regarding the hiring of contract employees. DESCRIPTION: The Public Service Employee classification is intended to be a broad classification, to be utilized as needed by the City Manager to employ individuals on a temporary or limited duration basis for specific assignments in a range of City departments: The job description anticipates that the City. Manager will enter into a specific employment agreement with each individual hired in the Public Service Employee classification. This employment agreement will detail all of the aspects of employment for the particular Public Service Employee, including job duties, supervision, compensation and duration of employmenL BACKGROUND: The City of Dublin is currently experiencing a period of rapid growth and increased demands upon City staff, creating the need to expand the City workforce to address these demands. COPIES TO: ITEM NO. 457 F:\public service employee. mem.d oc However, it is often difficult to hire qualified employees as rapidly as the needs arise. Furthermore, as the City workforce has grown, the City has experienced mover in key positions. This creates gaps in service, which take a period of time to fill. In addition, much of the increased demand on City staff is a direct result of current development, and this peak demand may level off once development projects are complete or if the economy slows down. All of these factors create the need for the City to be able to hire qualified individuals on a temporary, limited term basis to keep key City functions operating and projects on track. In the past, the City has been able to handle these types of situations by employing independent contractors. However, federal requirements governing the use of independent contractors are very specific and narrow, providing little flexibility to the City in addressing ks needs. Essentially, contractors whose duties resemble those of City employees must be classified and compensated as employees. Examples of some of the questions that the Internal Revenue Service (IRS) considers in determining whether an individual is an employee or a contractor are listed below ("yes" answers would indicate that the individual is likely to be an employee rather than a contractor): 2. 3. 4. 5. Does the City give instruction to the worker about when, where and how to work? Does the worker's services affect the City's operations and not his/her own business reputation? Does the City require the worker to render service personally? Does the City require the individual to work at-City offices? Does the worker work only for the City, rather than for a number of persons or fnTns at the same time? Other cities have been audited by the IRS Service on this issue. In situations where the IRS has determined that an individual compensated as a contractor should have been compensated as an employee, the agency has been subject to significant penalties for not properly withholding taxes. As a result, some agencies have reduced or eliminated the use of independent contractors to address the types of needs described above. As an alternative, some agencies have created a generic classification to employ temporary employees, such as the recommended Public Service Employee classification. PUBLIC SERVICE EMPLOYEE CLASSIFICATION: The proposed Public Service Employee classification is intentionally broad and flexible in its description of duties, responsibilities and qualifications. This allows the City to utilize different Public Sendee Employees to temporarily fill a range of needs in various departments, as the classification could cover technical, professional 'and managerial employees. As described earlier in this staff report, the City Manager will enter into a detailed employment agreement with each Public Sendee Employee, which will specifically describe the job duties, qualifications and compensation for the particular assignment. The City Manager will determine the appropriate compensation level within the approved salary range for each Public Sendee Employee hired. A sample employment agreement is attached to this staff report for information. The proposed hourly salary range for the Public Service Employee classification is minimum wage up to $70 per hour. The top end of the range is equivalent to what the City has historically paid professional and managerial. independent contractors and iS .necessary to retain these types of highly qualified individuals for limited duration assignments, while ensuring compliance with IRS regulations. As a part- time position, individuals employed in the Public Service Employee classification do not receive health and welfare benefits or leave time accruals. The only exception to this rule is situations in which the individual is a member of PERS, in which case the individual will receive PERS benefits for the hours worked. RE~2OMMENDATION: The City of Dublin increasingly needs the flexibility to hire qualified individuals to fill key positions for limited duration or temporary assignments. The Public Service Employee classification provides this flexibility, while ensuring compliance with federal requirements regarding the employment of independent contractors. Two resolutions have been prepared, which together will create the classification of Public Service Employee and establish the hourly salary range for the position within the salary schedule for part-time employees. The two resolutions are recommended for approval. t RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE CLASSIFICATION PLAN /4 Attachment 1 WHEREAS, in accordance with the City's Personnel System Rules, the City Council adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification Plan; and WHEREAS, it is necessary to periodically add job descriptions to the Classification Plan. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent resolutions shall be further mended to include a job description for the position of Public Service Employee (Exhibit A). BE IT FURTHER RESOLVED that this document shall become a part of the official Classification Plan for the City of Dublin; and that the changes contained herein shall be effective October 5, 1999. PASSED, APPROVED AND ADOPTED this 5th day of October, 1999. AYES: NOES: ABSENT: ABSTAIN: 7 Mayor ATTEST:.. City Clerk G:XPERSNEL\C1TYRECR~JOBSPECS\CI~ssReso.doc Exhibit A Date Adopted: Date Revised: 10-5-99 Title: Public Service Employee FLSA: Non Exempt General Purpose: This classification is utilized for employment of temporary employees assigned to specific projects or functions in the City. This classification may be used to address a broad range of duties in various City departments. Distinguishing Characteristics: Personnel in the Public Service Employee classification are at-will employees and may be terminated at any time without cause and without right of notice, hearing or appeal. Such personnel are not eligible for benefits and may not be retained for more than the maximum number of hours allowed by the Public Employee's Retirement System per fiscal year. Essential Duties and Responsibilities: The essential duties and responsibilities of each employee in this classification will be specified in a unique Employment Agreement to be entered into between the City and the Public Service Employee. The Employment Agreement will identify the regular City employee who is responsible for supervision of the Public Service Employee. Unless expressly stated in the Employment Agreement, incumbents in rids classification will not supervise regular City employees. Minimum Qualifications: Knowledge of: The Public Service Employee must possess the knowledge necessary to accomplish the duties and tasks contemplated by the particular position as specified by the Department requesting the services. Ability To: The Public Service Employee must be able to accomplish the duties and tasks contemplated by the particular position as specified by the Department requesting the services. Physical Standards: The physical standards described are representative of ihose that must be met by employees to successfully perform. the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fmgers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Education, Experience, and Training: Any combination of education and experience that is likely to provide the required knowledge and abilities as identified for the particular assignment. Licenses, Certificates, Special Requirements: Possession of a valid California Class C Drivers' License and Certificate of Automobile Insurance for Personal Liability. Depending upon the specific assignment, the Public Service Employee may be required to possess specific diplomas, certificates, licenses or certifications. RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE SALLY PLAN FOR PART-TIME PERSONNEL Attachment 2 WHEREAS, the City adopted Resolution No. 122-93 and subsequent resolutions establishing a Salary Plan for part-time employees; and WHEREAS, the City has created a new part-time classification of Public Service Employee. NOW, THEREFORE, BE IT RESOLVED that the position of Public Service Employee shall be covered under the Salary Plan for part-time employees; and BE IT FURTHER RESOLVED that the position of Public Service Employee shall be paid an hourly salary within the following range: Minimum Hourly Rate Maximum Hourly Rate Public Service Employee: Minimum Wage $70 BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for part- time personnel for the City of Dublin; and that the changes contained herein shall be effective October 5, 1999. PASSED, APPROVED AND ADOPTED this 5th day of October, 1999. AYES: NOES: ABSENT: ABSTAL'N: ATTEST: City Clerk Mayor G:XPERSNEL\CITYRECRUOBSPECS\SalaryPIanReso.do Attachment 3 EMPLOYMENT AGREEMENT THIS AGREEMENT is effective as of this day of DUBLIN, a municipal corporation, ("City") and Employee"), collectively referred to as the "Parties". , by and between the CITY OF , CPublic Service WITNESSETH THAT: WHEREAS, the City desires to hire the department; and to perform specific duties and tasks in WHEREAS, the City finds that specialized knowledge, skills, and trig are necessary to render the services necessary to do the work contemplated under this Employment Agreement;- and WHEREAS, the City has determined that the Public Service Employee is qualified by training and experience to provide the services and to do the work contemplated under this Emplo)maent Agreement; and WHEREAS, the Public Service Employee desires to provide such services and has acceptable relevant education and experience; and WHEREAS, the public interest will be served by this Agreement; and NOW, THEREFORE, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TER_MINA~ON DATE A. Proiect Description The Public Service Employee will perform work on a project basis determined by the City. Manager. B. Services The services to be provided under this Agreement ("Services") are: Schedule and Completion Date The first day of employment is , and the final day of employment is - ~ This contract is renewed each budget cycle unless terminated by either party as defined in paragraph IV of this agreement. Employment Agreement Page 2 II COMPENSATION AND METHOD OF PAYMENT City agrees to pay the Public Service Employee for the services performed at an hourly rate of pay. The City shall make such payments on regularly scheduled paydays in the form of a City payroll check. A time sheet verified by the immediate supervisor shall be submitted to the Administrative Services Department along with the time sheets of regularly employed employees. The final paycheck shall be paid consistent with labor and wage laws. The Public Service Employee shall receive per hour, to a maximum of annually, as compensation for services performed. The total mount paid under this Agreement as compensation for services performed shall not exceed the hourly salary times the number of hours worked. Overtime is paid at the rate of time and one-half the regular hourly rate of pay, only after the Public Service Employee has performed forty (40) hours of work in a week. No :overtime is paid without prior approval of the Department Head. The regularly scheduled hours of work shall be as follows: E4 III. A. Holidays are unpaid. During time periods of City Administration closure, due to holiday scheduling, an alternate work schedule may be utilized in order to afford the Public Service Employee with his/her normally scheduled number of work hours. Such scheduling is subject to advance approval by the Department Head. Vacation, Sick leave and Compensatory time accruals are not available. Time taken off from the contracted assignment shall be unpaid. The Public Service Employee receives no benefits except as required by Federal or State law. COVENANTS OF PUBLIC SERVICE EMPLOYEE Assim3ment of Agreement The Public Service Employee covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement. Conflicts of Interest The Public Service Employee covenants and declares that, other than this Agreement, it has no holdings or interests within the City of Dublin, nor business holdings or agreements with any official, employee or other representative of the City. For the duration of this Agreement, if the Public Service Employee acquires such a holding, interest or agreement within the City of Dublin or with any official, employee or representative of the City of Dublin, the Public Service Employee will immediately notify the City of such holding, interest or agreement in writing. Employment Agreement Page 3 C. City Policies and Procedures The Public Service Employee covenants and agrees that in performing the services required under this Agreement, he or she shall obey all City rules, regulations, policies and procedures, and will not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age or disability, or engage in any behavior that would constitute sexual harassment. D. Licenses. Certifications and Permits The Public Service Employee covenants and declares that he or she has obtained all diplomas, certificates, licenses, permits or the like required of the Public Service Employee by the City. E. Supervision Received and Exercised The. Public Service Employee shall be supervised by Service Employee shall provide supervision for The Public F. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Public Service Employee ("Materials") shall be and are the property of the City of Dublin, and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Public Service Employee upon completion or termination of the work shall be delivered immediately to the City. Any and all copyrightable subject matter in all materials is hereby assi~ed to the City and the Public Service Employee agrees to execute any additional documents that may be necessary to evidence such assignment. IV. TERMINATION The City shall have the fight to terminate this Agreement at any time, for any reason whatsoever without cause or notice. Upon termination, City shall provide for payment to the Public Service Employee for services rendered and expenses incurred consistent with wage and hour laws. Upon termination, the Public Service Employee shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Public Service Employee in performing the duties under this Agreement, whether completed or in process, in the form specified by the City. Employment Agreement Page 4 V. NO PERSONAL LIABILITY No member, official or employee of the City shall be personally liable to the Public Service Employee or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Public Service Employee or successor or on any obligation under the terms of this Agreement. VI. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or mended only by a written document signed by the Public Service Employee and the authorized City representative. VII. APPLICABLE LAW AND ATTORNEY'S FEES If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of California will control. The prevailing party shall be entitled to reasonable attomey's fees in addition to any other relief to which said party may be entitled. In no event. shall the amount recoverable for attorney's fees exceed five thousand dollars, including any and all appeals. VIII. SEVERABILITY The captions or headnotes on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the extent possible. IX. W.MVER OF AGREEMENT The City's failure to enforce any provision of this Agreement or the waiver in 'a particular instance shall not be construed as a general waiver of any future breach or default. Employment A~eement Page 5 IN WITNrESS WHEREOF the City and the Public Service Employee have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. APPROVED AS TO FORM: City Attorney CITY OF DUBLIN Richard C. Ambrose, City Manager P.O. Box 2340 Dublin, CA 94568 PUBLIC SERVICE EMPLOYEE Dated: Dated: F:\public services employee contract.doe