HomeMy WebLinkAboutCC AG PKT 2006-05-22 #G
AGENDA REPQRT
DATE: May 22, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Andrew J. Tse, Personnel Manager
SUBJECT: ADOPTION OF QRDINANCE NO. 1545 - AMENDING
. SEAL BEACH MUNICIPAL CODE CHAPTER 3.15
INCORPORATING CHANGES TO THE PERSONNEL
SYSTEM
SUMMARY OF REQUEST:
Waive further reading and Adopt Ordinance No. 1545, An Ordinance of the City of Seal
Beach amending the Seal Beach Municipal Code Chapter 3.15 Incorporating Changes to
the Personnel System.
BACKGROUND:
The City Council considered this matter on April 24, 2006 and introduced the subject
ordinance. It is now appropriate to adopt the subject ordinance.
FISCAL IMPACT:
None.
RECOMMENDATION:
Waive further reading and Adopt Ordinance No. 1545, An Ordinance of the City of Seal
Beach amending the Seal Beach Municipal Code Chapter 3.15 Incorporating Changes to
the Personnel System.
r~t~
Andrew J. Tse
Personnel Manager
Agenda Item B
Adoption of Ordinance No, 1545 - Amending the Seal Beach Municipal Code
May 22, 2006
Attachment: Ordinance No. 1545, An Ordinance of the City of Seal Beach amending
the Seal Beach Municipal Code Chapter 3.15 Incorporating Changes to the
Personnel System.
2
Ordmance 1545 - Staff Report
ORDINANCE NUMBER 1545
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CHAPTER 3.15 OF TITLE 3 RELATING
TO PERSONNEL
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
Section I. The electorate of the City of Seal Beach adopted certain amendments to
Ihe Seal Beach City Charter by election on MBICh 28, 2006, mcluding Title IX, CivIl
Service System.
SecMn 2, The City h.. delennined that certain amendments to Title 3, Chapter 3.15
of the Seal Beach Municipal Code are necessary to maintain the purpose and intent of the
2006 Charter Amendments regarding the Civil Service System, and to clarify inconsistent
and unclear language.
SectlOn3. Sections 315.005 through 3.15,020 of Chapter 3.]5 of Title 3 are bereby
repealed, and Chapter 3.15 (Poraonnel), Sections 3.15.005 through 3.100 is hereby added
to Title 3 of the Seal Beach Municipal Code to road.. follows:
"Chapter 3,15 Pmonnel
fi 3.15.005 Civil Service.
A. The provisions of the City Charter, this code, Memoranda
Of Unde",tanding and the Poraonnel Rules and Regulations govern the
civil ServICe. In the event of any inconsistency, the City Charter and this
Code shall prevail. Pursuant 10 Article IX of the City Charter, the
following poraonnel system is hereby adopted.
B. No person shan have any authority, either directly or
indirectly. to modify any provision oflhis Chapter, or to take any action in
conflict with the requirements and provisions set forth herein.
Amendments and modifications to this Chapter shall be effective only
upon formal adoption of an ordinance by the City Council in accordance
with applicable law.
13.15.010 AuthorilyofCityManager.
A, Pmonnel Officer. rhe City Manager shall be the ox
officio Poraonnel Officer. With the approval of the CIty Council, the City
Manager may delepte any of the Personnel Officer powora and duties to
any other officer or emp]oyee of the Dty. The City Manager ahall:
1. Adminiater all the provisions ofthia Chapter and of
the Poraonnel Rules and Regulation. not specifically reserved to the City
Council;
2, Prepare and submit to the City Council roviaions
and amendments to the Personnel Rules and Regulations;
3. Prepare a Position Classification Plan, including
class specifications, and revisions ofthe Plan. The Plan, and any revisions
thereof, shall become effective upon approval by the City Council
4. Prepare a Plan of Compensation. and reVisions
thereof. covering all classifications in the competitive service. The Plan,
and any revisions thereof, shall become effective upon approval by the
City Council.
ORDINANCE NUMBER 1545
fi 3.15.020 At-Will Reiationahip; Exempt Status
A, Except.. otherwise specifically provided in the City
Charter, all employees of the City are At-Will Employees who may be
terminated at any time without prior notice or cause and without right of
hearing or appeal.
B,
following:
At-Will positions Include, but are not limited to. the
1. All positions hsted in Section 901 of the City
Charter. and persons serving in those positions.
2. Newly hired full-time employees serving theIr
mihal probationary period or any extensIOn of such initial probationary
period; and full-time employees serving a promotional probationary period
or any extension of a promotional probationary period.
3, Employees aerving in a provisional appoinbnen~
non-benefited employees and contract employees,
4. Any position and/or poroon designated aa At-Will
by City Ordinance or Personnel Rules and Regulations.
C. As, used in the City Charter and herein, the term
"Department HeBda" includes Chief of Police, Director of Public
Works/City Engineer, Director of Development Services, Director of
Administrative Services, As,siSlant City Manager, and Lifeguard Captain,
and as such titles may be amended or modified from time to timc; and any
newly created position, and person &erving in such position, designated as
a Department Heod by Ordinance or Resolution.
D, All At-Will positions, and persons serving in At-WIll
positions aa sot forth in this Section 3.15.020, are exempt from the Civil
Service System oflho City,
fi 3,15,030 Appointment of City MlUUlgor.
A. Emnlovm.ent AllTeement. Except as indicated in this
Chapter, the proVIsions of Article VI of the City Charter, and the
employment agreement botween the City and the CIty MlUUlger, govern
the position of CIty Manager. No provision of any employment agrooment
may modify any provision of the City Charter or Municipal Code
governing the City Manager. In the event of any inconsistency botween
the City Charter, the Municipal Code and an employment agroemonl, the
City Charter and this Code shan prevail.
B. Removal of Citv Man..er. The City Council shall furnish
the City Manager with written notice stating its intention to remove such
official from City employment and any reasons for ita intended action at
least thirty (30) daya before the effective date of the removal. The CIty
Council action to remove shall be final. Nothing in this Chapter is
intended to modify tbe City MlUUlgor'S status .. an At-Will Employee
serving at the pleasure of the City Council,
p.15,Q40 Employer-Employee Relations.
The City Charter and Resolutions of the City Council shall govern
procedures for the administratlon of employer-employee relations.
fi 3.15.050 Civil Service, Claasified Service or Competitive Service.
The tenns 'tcivil service, II "classified service, II and "competitive
service"" may be used interchangeably to describe the Civil Service System
establiahod by the City Charter.
ORDINANCE NUMBER 1545
~ 3.15,060 Appointing Authonty.
Tho City Manager, or such other poraon designated by tho City
Charter or Ordinance to appoint persons to positions of employment. is the
appointing authority for tho CIty. Tho tonn "appointing authority" may bo
used intetchangoably with "appointing power,"
~ 3.15.070 Adoption ofRul.. for Civil Servico.
A. The City Counctl .hall adopt Personnel Rules and
Regulations to govern all employees in the civil service. Such Rules may
be amended from tunc to time. The Rules shall be consistent with the City
Charter, and shall establish, at a minimum, specific procedures and
regulations governing tho followlOg phaso. of tho Civtl Service System:
1. Preparation. instaUati~ revision, and maintenance
of a Position Classification PLan covering all positions in the classified
service., including employment standards and qualifications for each class;
2, Preparation, rovision, and administration of a Plan
of Compensation directly correlated with tho Position Classification Plan,
providing a rate or range of pay for each class;
3, Preparation and conduct of testS and tho
establishment and use of resulting employment lists containing names of
persons eligible for appointment;
4. CortiflCBlion and appoin\mOllt of poraons from
eligibility lists;
5.
6.
7,
Temporary and emergency appointments;
Evaluation of employe..;
Transfer, promotion, demotion, and reinstatement of
employe..;
g. Separation of employees through layoff,
suspension, and dismissal;
9. Standardization of hours of work, allondance and
leave regulations, working conditions and tha development of employee
morale, wolfare, and training;
10, SUItable provision for ordorly and equitablo
presentations to tho City Managor by employees relating to general
conditions of employment;
11. Content, maintenance, and use of personnel records
and fonns.
B. Tho City Manager may adopt any other Policies and
Procedures not inconsistent with the City Charter, this Code or the
Personnel Rules and Regulations, as he/she deems necessary to administer
the C,vil Service System,
~ 3.15,080 Adoption ofRulos for Exempt Positions.
A. The City Council, through consultation with tho City
Manager and City Attorney, may adopt enact Personnel Rul.. and
Regulations and/or other regulations by Resolution to govern the
employment, discipline, termination, salaries, and benefits, of positions
and persons exempt from the Civil Service System and all other persons
holding At-Will position. with the CIty,
B. The City Manager may adopt Policies and Procedures for
At-Will positions subject to hislher power of appointment, where such
Pohcies and Procedures are not inconsistent with the City Charter. this
Code, or any Poraonnol Rul.. and Regulations adopted by the City
Council
ORDINANCE NUMBER 1545
~ 3.15.090 Subpoenas,
A. The Personnel Rules and Regulations may authorize the
Personnel Officer and any arbitrator or other hearing officer to have the
power to examine witnesses under oath and compel their attendance or
production of documents by subpoenas issued lD the name of the City and
attested by the City Clerk.
B. The Chief of Police shan serve subpoenas authorized
pursuant to this section and the PersonneJ Rules and Regulations. Any
person who lefuses to attend or testify in accordance with such subpoena
may be prosecuted
~ 3.15.100 Solicitation of COlllributions.
A. No officer, agent, clerk. or employee, under the
government of the City, and no candidate for any City office aball, directly
or indirectly, solicit or receive, or be in any manner concerned in soliciting
or receiving any assessment. subscription. contribution" or political
service, whether voluntary or involuntary. for any politlcal purpose
whatsoever, from anyone on the omployment lists or holding any position
under the provisions of this Chapter.
B. No officer or employee in the competitive SeMce, shall,
drrectly or indirectly, sohcit or receive, or be in any manner concerned in
soliciting or receiving, any assessment, subscription or contribution.
whether voluntary or involuntary. for any purpose affecting his working
conditions, from any person other than an officer or employee in the
competitIve service:'
Section 4. Severability. If any section. subsection, clause or phrase of this Ordinance
i.s for any reason held to be unconstitutional, or otherwise invalid such decision shall not
affect the validity of the remaining sections of this Ordinance. The Council hereby
declares that it would have passed this Ordinance and each section, subsection. clause
and phrase thereof irrespective of the fact that anyone or more other sacbons,
subsections. clauses. or phrases be declared Invalid.
Section S. Savinlll!l Clause. Neither the adoption of this Ordinance nor the repeal of
any other Ordinance of this CIty ahall in any manner modil)< or otherwise atl'oct the
omployment status of any current omployoo of tho City of Seal Beach who is omployed
by the CIty prior to the effective date of this Ordinance. The provisions of this
Ordinance, insofar as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same matter, shall be construed as restatements and
continuations, and not as new enactments.
Section 6, The City Clerk shall cause thia Ordinance to be publiabed in accordance
with applicable law.
PASSED, APPROVED AND ADOPTED by the City CounCIl of the City of Seal Beach
at a mooting thereof held on the 22nd day of Mav , 2006
MAYOR
ATTEST.
CITY CLERK
ORDINANCE NUMBER 1545
STATE OF CALIFORNIA I
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH I
I, Linda Devine, City Clerk of the Cily of Seal BelICh, California, do hereby eertify thaI
the foregoing Ordinance is an original copy of Ordinance Number ~ on file in Ihe
office of the City Clerk, introduced at a meeting thereof held on the 24th day of
Aoril . 2006 and was passed, approved and adopted by the Dty Council al a meeting
thereof held on the 22nd day of Mav. 2006 by Ihe following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
And do hereby further certify that Ordinance Number 1545 h.. been publi5hecl
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk