Subject
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Consider adopting an Ordinance amending certain sections of Chapter 15 (Personnel) of the City Code
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Department
Human Resources
Recommendation
Staff recommends that the Mayor and Council consider and adopt the Ordinance amending Chapter 15 (Personnel) of the City Code.
To adopt the ordinance at the same meeting, the ordinance should first be introduced, and then a motion should be moved to waive the layover period. If the motion to waive the layover period is approved by an affirmative vote of six or more members of the Mayor and Council, a motion to adopt the ordinance may then proceed.
Change in Law or Policy
If adopted, the ordinance will result in changes to the respective sections of the city code.
Discussion
Revisions for Chapter 15-Personnel
City staff reviews the city code regularly and, as needed, brings forth proposal(s) for change. The impetus for a proposed change could be the need to provide clarity, align with best practices, and respond to changes in state laws, Mayor and Council directives, or policy, as well as alignment with the City Charter, among others. As part of the reorganization and recent personnel actions, staff identified sections of Chapter 15 (Personnel) of the city code that require revisions. The proposed revisions are meant to provide clarity, align our practices with the City Charter and best practices. These changes include:
1. Amending Chapter 15. Sec. 15-2 to clarify and provide for the administrative approval of personnel policies and procedures. This amendment will ensure that discrepancies between General Orders and personnel policies can be addressed quickly, and changes to personnel-related policies and procedures are responsive to meeting employee needs.
2. Amending Chapter 15. Sec. 15-2 and Sec. 15-3 to make it clear that the Mayor and Council approve the employment contracts of the appointed officials; and the appointed officials approve the employment agreement of their respective Non-Merit Civil Service employees.
3. Amending Chapter 15. Sec. 15-63 and Sec. 15-64 to provide more time for when the Personnel Appeals Board may schedule a hearing.
To effectuate the proposed amendments to Chapter 15 (Personnel) of the City Code, staff prepared the attached draft ordinance (Attachment 1) for your consideration and adoption.
Mayor and Council History
This is the second time this item is being presented.
On June 9th, the Mayor and Council reviewed the proposed changes to Chapter 15 and provided feedback. Based on that, staff made additional changes to Chapter 15 to include the following:
1. Language has been included in the ordinance, noting that existing contracts for employees will be honored. Sec. 15-3 (b)1
2. The review of disciplinary matters by the Personnel Appeals Board (PAB) is no longer recommended to change. Their review and findings, including a determination of disciplinary action, will be binding and final. The City Manager may not overturn. Based on comments from Mayor and Council, we continue to recommend providing additional time for employees to prepare for PAB hearings and for the PAB to make its decision. Sec. 16-63(a) and Sec. 15-64.
3. A section has been added to the ordinance regarding amendments to the personnel policy and procedures manual wherein the City Manager will notify City Council in advance of any changes and will provide Council with an annual report listing changes made to the Personnel Policies and Procedures during the previous fiscal year. Sec. 15-3 (b)10.
4. Language has been added to the proposed ordinance regarding city staff participation in elections. In general, it notes that staff will not be directed by any city official to participate in any election, nor will staff be allowed to use their city employee knowledge, position, influence, or city resources to assist with any election. Sec. 15-42 (c).
Fiscal Impact
The recommended ordinance change has no substantial fiscal impact.
Next Steps
Following the approval of the ordinance, staff will proceed with implementation.