HomeMy WebLinkAbout2011-09-27 - AGENDA REPORTS - PERSONNEL ORD AMEND (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by
September 27, 2011
Jennifer Curtis
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA AMENDING THE
PERSONNEL ORDINANCE OF THE CITY OF SANTA CLARITA
City Manager's Office
RECOMMENDED ACTION
Conduct a first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING A PERSONNEL SYSTEM
OF THE CITY OF SANTA CLARITA" and pass to second reading.
BACKGROUND
The Personnel Ordinance establishes the personnel system and is needed in order to create 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 Personnel Ordinance provides
definitions for key personnel matters and terms.
The current Personnel Ordinance was adopted by the City Council on January 10, 1989. The
proposed Personnel Ordinance includes updated terms to reflect changes to federal and/or state
law and which more closely match the City of Santa Clarita's existing practices. The proposed
Personnel Ordinance must be adopted in order to implement changes to the City's Personnel
Rules.
A resolution to adopt new City Personnel Rules and a new Employer -Employee Relations
Resolution will be brought to the Council for review and adoption at the October 11, 2011,
regular City Council meeting.
Ordinance passed to
Second reading
r,
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
None.
ATTACHMENTS
Ordinance
Ow
ORDINANCE NO. I I -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING A PERSONNEL SYSTEM
OF THE CITY OF SANTA CLARITA
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SEC. 1. Adoption of personnel system: 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 hereby adopted.
SEC. 2. Definitions: The terms used to administer the personnel system shall be defined
in the personnel rules.
SEC. 3. Administration: The City Manager shall administer the City personnel system,
and shall serve as Personnel Officer. The City Manager shall:
a. Act as the appointing authority for the City, except for the City Attorney
who shall be appointed by the City Council.
b. Administer all the provisions of this ordinance and of the personnel rules
not specifically reserved to the City Council.
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
ordinance 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 therefore; the conducting
and grading of tests; 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.
g. The City Manager may delegate those portions of his/her responsibilities
which he/she deems appropriate.
SEC. 4. Competitive Service: The provisions of the ordinance shall apply to all offices,
positions and employments in the service of the City, except:
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Elective officers.
b. The City Manager and any assistants to the City Manager.
C. The City Attorney and any assistant or deputy city attorneys.
d. Members of appointive boards, commissions, and committees.
e. All department directors, and division managers.
f. Persons engaged under contract to supply expert, professional, technical or
any other services.
g. Volunteer personnel.
h. Emergency employees who are hired to meet the immediate requirements
of any emergency condition, such as extraordinary fire, flood, or
earthquake which threatens life or property.
Employees, other than those listed elsewhere in this section, who are not
employed in regular positions. "Employed in regular positions" means an
employee hired for an indefinite term into a budgeted position, who is
regularly scheduled to work no less than one thousand and forty (1040)
hours per year, and has successfully completed the probationary period and
been retained as provided in this ordinance and the personnel rules.
Any position primarily funded under a state or federal employment
program.
k. Any newly created position, which is designated at the time of its creation
as being exempt from the classified service.
1. Employees not included in the competitive service under this section shall
serve at the pleasure of their appointing authority. They may be
terminated or disciplined at will by the City Manager at any time, without
any right of appeal.
SEC. 5. 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, but not limited to:
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.
Evaluation of employees during the probationary testing period and
thereafter.
f. Transfer, promotion, demotion, reinstatement, disciplinary action and
layoff of employees in the competitive service.
g. Separation of employees from the City -service.
h. The establishment and maintenance of adequate personnel records for
purposes of accounting and legal requirements.
The establishment of any necessary appeal procedures.
SEC. 6. Appointments: 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. The probationary period shall be considered an
extension of the examination process. Physical and medical tests may be given as
a part of any examination in accordance with the applicable provisions of state
and federal law. All appointments and promotions in the City service shall be
made without regard to race; religious creed; color; national origin; ancestry;
marital status; sex; gender; sexual orientation; medical condition; pregnancy,
childbirth, or related medical condition; physical or mental disability; political
affiliation; or any other basis protected by federal, state, or local law.
SEC. 7. Probationary Period: All regular full-time appointments, including promotional
appointments, shall be for a probationary period of not less than one year. All
regular part-time appointments, including promotional appointments, shall be
subject to a probationary period of not less than 2,080 hours of non -overtime work
performed. The appointing authority may extend such probationary period up to
six additional months for full-time employees or 1,040 hours for part-time
employees. The probationary period shall commence from the date of
appointment. In the event any absence from work lasting longer than 14
consecutive days, the number of days absent shall be added to the length of the
probationary period.
During the probationary period, the employee may be rejected at any time without
the right of appeal, hearing or any grievance procedure.
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Prior to the end of the probationary period, the appointing authority shall notify
the Personnel Officer whether the probationary employee has- performed
satisfactorily and whether the retention of such employee in the service is desired.
This notification may be made in conjunction with the completion of the
probationary employee's performance evaluation.
An employee rejected during the probationary period from a position to which
he/she has been promoted shall be reinstated to a position in the class from which
he/she was promoted, if available, unless he/she is discharged from the City
service as provided in the personnel rules. If no vacancy exists in such
classification, he/she shall be placed on a reemployment list as provided in the
personnel rules.
SEC. 8. 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.
SEC. 9. Rightppeal: Any regular employee in the competitive service shall have the
right to appeal a demotion, reduction in pay, suspension of five or more days, or
discharge for disciplinary or medical reasons, except in those instances where the
right of appeal is specifically prohibited by this ordinance or the personnel rules
adopted thereunder.
All appeals shall be processed in accordance with the requirements and
procedures as set forth in the personnel rules adopted pursuant to this ordinance.
SEC. 10. Lay -Off and Re -Employ: Lay-off and re-employment actions shall follow
the process outlined in the personnel rules.
SEC. 11. Political Activity: The political activities of City employees shall confirm to
pertinent provisions of state law and any local provision adopted pursuant to state
law.,
SEC. 12. Contracts for Special Service: The City may contract with any qualified person or
public or private agency for the performance of any or all of the following
services:
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.
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\
The City Manager shall have the authority to contract for these services unless the
cost thereof exceeds the limits set by the City's Purchasing Ordinance. In those
instances, the City Manager shall make recommendations to the City Council
regarding the contracting for the services required.
SEC. 13. Effective Date. Publication:
The City Clerk shall certify to the adoption of this Ordinance and cause it to be
published in the mariner required by law.
PASSED, APPROVED AND ADOPTED this day of )2011.
MAYOR
Attest:
CITY CLERK
PASSED, APPROVED, AND ADOPTED this day of 2011.
ATTEST:
CITY CLERK
DATE:
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
1, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance 11- was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of 2011. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the day
of 2011, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Ordinance 11- , adopted by the City
Council of the City of Santa Clarita, CA on , 2011, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
2011.
City Clerk
By
Deputy City Clerk
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