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HomeMy WebLinkAboutItem 4.20 MuniCode Personnel CITY CLERK File # D[L]~[Q]-[][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 17, 2008 SUBJECT: Adoption of Ordinance Amending Dublin Municipal Code Chapter 2.20 (Personnel System). Report Prepared by Elizabeth H Silver, Assistant G.!fy Attorney and Stephen Muzio, Associate Attorney ATTACHMENTS: 1. Draft Ordinance Amending Chapter 2.20 of the Dublin Municipal Code relating to the Personnel System. Clean Copy of Draft Ordinance. Resolution Restating Positions Exempt From Competitive Service. 2. 3. RECOMMENDATI~ 1. Waive reading and ADOPT the Ordinance Amending Chapter 2.20 of the Dublin Municipal Code relating to the Personnel System (Attachment I). Waive reading and ADOPT Resolution Restating Positions Exempt From Competitive Service (Attachment 3). 2. FINANCIAL STATEMENT: None. DESCRIPTION: At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter proposed for review is DMC Chapter 2.20, which establishes a uniform system for dealing with City personnel matters. The Chapter's provisions create a general framework for the administration of the personnel system and for the adoption and amendment by the City Council of the personnel rules. The personnel rules contain more detailed information regarding all aspects of City employment, including employee classification, assessment of job applicants, recruitment and hiring, benefits and pay increases. We have recently worked extensively with the City Staff to revise and update the personnel rules, which revisions must be approved by resolution of the City Council. Staff has reviewed the ordinance and recommends that Sections 2.20.070 and 2.20.100 be amended to ensure that the Chapter is consistent with the proposed revisions to the personnel rules. Staff also recommends that Section 2.20.040, which indicates the positions not subject to the provisions of Chapter 2.20, be amended to state that department head and management positions exempt from the provisions of Chapter 2.20 shall be designated by resolution of the City Council. Staff also recommends that the COpy TO: Page 1 of2 ITEM NO. Lf. 2/) (Y Chapter be amended to capitalize the word "city" where necessary to ensure consistency with the rest of the Municipal Code. In 1990, the City Council adopted Resolution Number 142-90 to designate management positions exempt from the competitive service and, thus, exempt from Chapter 2.20. Since that time, the Resolution has been amended twenty-one times to add, remove and rename various positions in the category. In order to clarify the list of management positions that are currently exempt from Chapter 2.20, Staff has prepared a resolution which restates the positions which are exempt from Chapter 2.20 pursuant to Resolution 142- 90 and its amendments. (Attachment 3.) The Assistant to the City Manager has reviewed the proposed Ordinance amending Chapter 2.20 and concurs with the recommended changes. On June 3, 2008, the City Council held a public hearing regarding the proposed ordinance. Following the public hearing the City Council waived the reading and introduced the ordinance. RECOMMENDATION Staff recommends that the City Council: I) waive reading and ADOPT the Ordinance Amending Chapter 2.20 of the Dublin Municipal Code relating to the Personnel System (Attachment I); and 2) waive reading and ADOPT the Resolution Restating Positions Exempt From Competitive Service (Attachment 3). Page 2 of2 I r>b \\ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.20 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE PERSONNEL SYSTEM The City Council of the City of Dublin does hereby ordain as follows: ' Section 1. Chapter 2.20 of the Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: 2.20.010 Adoption. In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is adopted. 2.20.020 Definitions. The terms used to administer the personnel system shall be defined in the personnel rules. 2.20.030 Administration. The City Manager shall administer the eCity personnel system and may delegate any of the powers and duties to a staff member or may delegate the appointing authority granted by the City Council to any other officer or employee of the eCity or may recommend that such powers and duties be performed under contract as provided in Section 2.20.130 of this chapter. The City Manager shall: A. Act as the appointing authority for the eCity, with the exception of the City Attorney who shall be appointed by the City Council; B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council; C. Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules; D. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; E. Have the authority to discipline employees in accordance with this chapter and the personnel rules of the eCity; F. Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; and the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. 2.20.040 Applicability. The provisions of this chapter shall apply to all offices, positions and employments in the service of the eCity, except: A. Elective officers; B. The City Manager; 0- /7-0<C; 4,20 A TT ACHMENT 1 2t It C. The City Attorney and any Assistant or Deputy City Attorneys; D. Members of appointive boards, commissions, and committees; E. Department heads and other management positions designated by resolution of the City Council.the City Manager, ineluding hm not limited to f..ssistaflt Cit'l Manager. Community Developmem: Direetor, * f..dministrative 8erviees/Finanee Direetor, * ReereationParks and Comm\:Hlity 8erviees Direetor,* Publie ',Vorks Direetor/City Engineer,* and .^..ssistant to the City Manager; * F. Persons engaged under contract to supply expert, professional, technical or any other servIces; G. Volunteer personnel; H. All Council-appointed eCity officers; I. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; J. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. "Regularly employed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand forty (1040) hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules; K. Any position primarily funded under a state or federal employment program; L. Employees not included in the competitive service. as that term is defined in the personnel rules. under this seetion shall serve at the pleasure of their appointing authority. * Incumbents in any positions so designated bv the City Council who held these positions on September 1, 1987 shall be subject to the provisions of this chapter. 2.20.050 Adoption and amendment of rules. Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including: A. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; B. Appropriate announcement of the selection process and acceptance of applications for employment; C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment; D. Certification and appointment of persons from employment lists, and the making of provisional appointments; E. Establishment of probationary testing periods; F. Evaluation of employees during the probationary testing period and thereafter; G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service; H. Separation of employees from the eCity service; I. The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements; J. The establishment of any necessary appeal procedures. 2.20.060 Appointments. A. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be 31J II ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination. B. In any examination the City Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. C. The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the eCity. 2.20.070 Probationary period. A. All regular appointments. including promotional appointments. shall be for a probationary period as set forth in the personnel rules adopted pursuant to this chapter. During the probationary period. the employee may be reiected at any time without cause and there shall be no right of appeal. hearing. or grievance procedure..^JI regular appoimmems, includiag prometieaal appointments, shall be for a probationary period of six (6) months. The appoiming al;lthority may extend sueh probationary period 1:lp to six (6) additional months. The probationary period shall eemmenee from the date of appoimment. In the evem of illness or injury requiriag absenee from v/ork, the aumber of days absent shall be added to the length of the probationary periea. During the probationary period, the employee may be rejeeted at any time without eause and there shall be ao right of appeal, hearing, or grie'/anee proeedure. B. If the serviee of the preeatioaary employee has been satisfaetory to the appointiag autherity, then the appointiag amherity shall file with the City Manager a statemem ia vflitiag to sueh effeet and statiag that the retemioa of s\:1eh employee in the serviee is desired. If such a statement is not filed, the employee viill be deemed to be oosatisfaetory and his employmem termiaated at the expiration of the probatioaB:ry period. 'Where a statement of satisfaetory serviee has not been filed, notice of the terminatioa shall be served on the termiaated employee by the City Manager after the expiration of the selection period. C. .^..n employee rejeeted during the probationary period from a position to which he has been promoted shall be reiastated to a positioa in the elass from vAlieh he ViaS promoted unless he is diseharged from the city service as provided ill the persoIlFlel rules. If no '/aeancy exists ill sueh position, he shall be plaeed on a reemployment list as provided ia the persoooel rules. 2.20.080 Status of present employees. A. Any person holding a position included in the competitive service who, on the effective date of this ordinance, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules. B. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. 41Jt\ 2.20.090 Demotion-Dismissal-Reduction in pay-Suspension-Reprimand. The City Manager shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in accordance with procedures included in the personnel rules. 2.20.100 Right of appeal. A. Any employee in the competitive service who has successfully completed the probationary period shall have the right to appeal a demotion, discharge for disciplinary or medical reasons. and certain reductions in payor suspensions as set forth in the personnel rules adopted pursuant to this chapteuedl:1etioa ia pay, suspeasion, or diseharge for diseipliaary or medieal reasoas, exeept ia those instanees where the right of appeal is specifieally prohibited by this ehapter or the rules adopted thereunder. B. All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this chapter. 2.20.110 Layoff and reemployment. Layoff and reemployment actions shall follow the process outlined in the personnel rules. 2.20.120 Political activity. The political activities of eCity employees shall conform to pertinent provisions of state law and any local provision adopted pursuant to state law. 2.20.130 Contracts for special service. The City Manager shall consider and make recommendations to the City Council regarding the extent to which the eCity should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The procurement of any contractual services shall be arranged in accordance with the adopted procurement laws and policies of the eCity. The eCity may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: A. The preparation of personnel rules and subsequent revisions and amendments thereof; B. The preparation of a position classification plan, and subsequent revisions and amendments thereof; C. The preparation, conduct and grading of competitive tests; D. The conduct of employee training programs; E. Special and technical services of advisory or informational character on matters relating to personnel administration. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. 6Ubll Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of AYES: NOES: ABSENT: ABSTAIN: ATTEST: Carolyn Parkinson, Interim City Clerk I 1 096687.21 QQee87.1 ,2008. Janet Lockhart, Mayor LoUb {{ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** AMENDING CHAPTER 2.20 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE PERSONNEL SYSTEM The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 2.20 of the Dublin Municipal Code is revised as follows: 2.20.010 Adoption. In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is adopted. 2.20.020 Definitions. The terms used to administer the personnel system shall be defined in the personnel rules. 2.20.030 Administration. The City Manager shall administer the City personnel system and may delegate any of the powers and duties to a staff member or may delegate the appointing authority granted by the City Council to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided in Section 2.20.130 of this chapter. The City Manager shall: A. Act as the appointing authority for the City, with the exception of the City Attorney who shall be appointed by the City Council; B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council; C. Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules; D. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan; E. Have the authority to discipline employees in accordance with this chapter and the personnel rules of the City; F. Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; and the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. 2.20.040 Applicability. The provisions of this chapter shall apply to all offices, positions and employments in the service of the City, except: A. Elective officers; ATTACHMENT 2 1~(( B. The City Manager; C. The City Attorney and any Assistant or Deputy City Attorneys; D. Members of appointive boards, commissions, and committees; E. Department heads and other management positions designated by resolution of the City Council. * F. Persons engaged under contract to supply expert, professional, technical or any other services; G. Volunteer personnel; H. All Council-appointed City officers; I. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; J. Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. "Regularly employed in permanent positions" means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand forty (1040) hours per year, and has successfully completed the probationary period and been retained as provided in this chapter and the personnel rules; K. Any position primarily funded under a state or federal employment program; L. Employees not included in the competitive service, as that term is defined in the personnel rules, shall serve at the pleasure of their appointing authority. * Incumbents in any positions so designated by the City Council who held these positions on September 1, 1987 shall be subject to the provisions of this chapter. 2.20.050 Adoption and amendment of rules. Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including: A. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; B. Appropriate announcement of the selection process and acceptance of applications for employment; C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment; D. Certification and appointment of persons from employment lists, and the making of provisional appointments; E. Establishment of probationary testing periods; F. Evaluation of employees during the probationary testing period and thereafter; G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service; H. Separation of employees from the City service; I. The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements; J. The establishment of any necessary appeal procedures. 2.20.060 Appointments. A. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as a part of any examination. ,/" "i" I ( V 1Jb B. In any examination the City Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. C. The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City. 2.20.070 Probationary period. A. All regular appointments, including promotional appointments, shall be for a probationary period as set forth in the personnel rules adopted pursuant to this chapter. During the probationary period, the employee may be rejected at any time without cause and there shall be no right of appeal, hearing, or grievance procedure. 2.20.080 Status of present employees. A. Any person holding a position included in the competitive service who, on the effective date of this ordinance, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules. B. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. 2.20.090 Demotion-Dismissal-Reduction in pay-Suspension-Reprimand. The City Manager shall have the authority to demote, discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in accordance with procedures included in the personnel rules. 2.20.100 Right of appeal. A. Any employee in the competitive service who has successfully completed the probationary period shall have the right to appeal a demotion, discharge for disciplinary or medical reasons, and certain reductions in payor suspensions as set forth in the personnel rules adopted pursuant to this chapter. B. All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel rules adopted pursuant to this chapter. 2.20.110 Layoff and reemployment. Layoff and reemployment actions shall follow the process outlined in the personnel rules. 2.20.120 Political activity. The political activities of City employees shall conform to pertinent provisions of state law and any local provision adopted pursuant to state law. 2.20.130 Contracts for special service. The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The procurement of any contractual services shall be q~l~ arranged in accordance with the adopted procurement laws and policies of the City. The City may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: A. The preparation of personnel rules and subsequent revisions and amendments thereof; B. The preparation of a position classification plan, and subsequent revisions and amendments thereof; C. The preparation, conduct and grading of competitive tests; D. The conduct of employee training programs; E. Special and technical services of advisory or informational character on matters relating to personnel administration. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of AYES: NOES: ABSENT: ABSTAIN: ,2008. Janet Lockhart, Mayor ATTEST: City Clerk lO ~{l RESOLUTION NO. - 08 A RESOLUTION OF THE CITY COUNCIL OF 'I:HE CITY OF DUBLIN ********* RESTATING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE AS STATED IN THE RESOLUTION ESTABLISHING MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE AND PRESCRIBING LEAVE BENEFITS FOR THE POSITIONS AND ALL AMENDMENTS THERETO WHEREAS, Section 2.20.040.E of the Dublin Municipal Code exempts Department Heads and other Management Positions from Competitive Service; and WHEREAS, the City Council adopted Resolution No. 142-90 which establishes Management Positions and defines benefits for those positions; and WHEREAS, Resolution 142-90 has subsequently been amended by numerous resolutions to reflect changes in the benefits for those positions and to add, remove and modify the titles of positions included in the category of positions exempt from competitive service; and WHEREAS, the City Council wishes, for the sake of clarity, to restate those positions which have been designated exempt from the competitive service by Resolution No. 142-90 and subsequent amendments thereto, without superseding any of the provisions of Resolution No. 142-90 or the subsequent amendments relating to the benefits pertaining to such exempt positions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, in accordance with Section 2.20.040.E of the Dublin Municipal Code, restates the positions below as exempt from competitive services and subject to service at the pleasure of the City Manager, except as otherwise noted in Section 2.20.040.E: I. Administrative Services Director 2. Assistant City Manager 3. Assistant to the City Manager 4. Building Official 5. City Clerk 6. City Engineer 7. Community Development Director 8. Economic Development Director 9. Finance Manager 10. Information Systems Manager II. Parks and Community Services Director 12. Parks and Community Services Manager 13. Parks and Facilities Development Manager 14. Planning Director 15. Planning Manager 16. Public Works Director/Assistant City Engineer 17. Public Works Manager ATTACHMENT 3 BE IT FURTHER RESOLVED that this Resolution shall be effective PASSED, APPROVED AND ADOPTED this _ day of AYES: NOES: ABSENT: ABSTAIN: ,2008. lloo1\ ,2008. ATTEST: City Clerk Mayor