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 CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: April 12, 2005

Subject/Title: Waive first reading and introduce an Ordinance amending Chapter 2.24 of the Brentwood Municipal Code, adopt a Resolution approving proposed Personnel Rules and Regulations, and adopt a Resolution repealing and approving new and revised Council/Administrative Policies

Prepared by: Patti Standley, Human Resources Manager

Submitted by: Karen L. Chew, Assistant City Manager

RECOMMENDATION
Staff recommends that the City Council adopt an Ordinance to repeal and revise certain sections of the Brentwood Municipal Code, Title 2 Administration and Personnel, Chapter 2.24 Personnel System as well as approve a Resolution adopting Exhibit A - Personnel Rules and Regulations. Additionally, staff recommends that the City Council approve a second Resolution to adopt new and revised Council/Administrative Policies, attached as Exhibit B, covering employer-employee relations and a wide range of personnel-related practices and procedures. These documents are intended to support City Management’s efforts to provide a fair and equitable workplace. Staff has worked closely with Department Directors and legal counsel as well as fulfilling requirements to meet and confer with representatives from the City’s bargaining units.

As detailed in the attached Ordinance, Staff recommends that the City Council repeal and revise certain sections of the current Brentwood Municipal Code, Title 2 Administration and Personnel, Chapter 2.24 Personnel System as follows:

1. Repeal current section 2.24.010 – Personnel System “Purposes and Adoption of the System.” Adopt new section 2.24.010 – Personnel System to provide the authorization for establishing the personnel system to be set forth primarily by the Personnel Rules and Regulations. The Personnel Rules and Regulations shall be amended periodically by resolution of the City Council.

2. Repeal current section 2.24.020 – Personnel System “Interpretation and Construction of Provisions.” The current section is not legally necessary. Definitions are included in the Personnel Rules and Regulations as well as Council/Administrative Policies, and other documentation as appropriate.

3. Repeal current section 2.24.030 – Personnel System “Applicability of System.” Adopt new section 2.24.020 – Personnel System – Application and Exceptions. The new text provides clarification regarding which positions are covered by the personnel system and the rules and regulations.

4. Repeal current section 2.24.040 – Personnel Officer Designated – Powers and Duties. Adopt new section 2.24.030 – Personnel Officer Designated – Powers and Duties. The new text refers to the City Manager as the appointed Personnel Officer as opposed to the title City Administrator. Other revisions reflect clarification of powers and duties as provided in Brentwood Municipal Code, Title 2, Chapter 2.36 City Manager.

5. Repeal current section 2.24.050 – Appointments and Promotions – Qualification Procedure Described. These topics are now covered by the Personnel Rules and Regulations at Rule 5 “Classification and Appointment.”

6. Repeal current section 2.24.060 – Discrimination Prohibited. Adopt new section 2.24.040 – Discrimination Prohibited. The text has been updated to be consistent with federal and state law, as well as the Personnel Rules and Regulations.

7. Repeal current sections 2.24.070 – Employees – Proper Conduct Designated, 2.24.080 – Employees – Disciplinary Actions, and 2.24.090 – Employees – Appeal Procedure. These topics are covered in the Personnel Rules and Regulations at Rule 11 “Disciplinary Action.”

8. Repeal current section 2.24.100 – Employees – Establishment and Change of Compensation. Adopt new section 2.24.050 – Employees – Establishment and Change of Compensation. Revision of the original text that removes reference to volunteer firefighters. Outside employment is covered by Council/Administrative Policy No. 20-6.

9. Repeal current sections 2.24.110 – Employees – Compensation for Injuries – Effect of Employment and 2.24.120 – Employees – Leaves. These topics are covered in the Personnel Rules and Regulations at Rule 10 “Holidays, Vacations and Leaves of Absence.”

10. Repeal current section 2.24.130 – Employees – Provisions for Training. This topic does not pertain to establishment of the Personnel System.

11. Repeal current section 2.24.140 – Employees – Restrictions on Outside Employment. This topic is covered in the Personnel Rules and Regulations at Rule 14 “Miscellaneous,” and by Council/Administrative Policy 20-6 “Outside Employment.”

Staff recommends that the City Council adopt the Personnel Rules and Regulations, attached as Exhibit A. The Personnel Rules and Regulations set forth the parameters for the City’s personnel system and describe how the City will manage the positions and employment of its personnel. The Personnel Rules and Regulations document is organized by the following topic areas:

Rule 1 Personnel System
Rule 2 Definitions
Rule 3 Recruitment, Application and Applicants
Rule 4 Selection for Employment or Promotion
Rule 5 Classifications and Appointments
Rule 6 Probationary Period
Rule 7 Hours of Work, Attendance and Overtime
Rule 8 Compensation
Rule 9 Evaluation and Performance
Rule 10 Holidays, Vacation, and Leaves of Absence
Rule 11 Disciplinary Action
Rule 12 Grievance Procedure
Rule 13 Termination/Separation/Layoff from City Service
Rule 14 Miscellaneous (Includes reference to policies or other governing sources. Topics include: Gifts and Gratuities, Outside Employment, Political Activity, Conflict of Interest, Safety Program and Personnel Files)

Staff also recommends that the City Council adopt new or revised Council/Administrative Policies, attached as Exhibit B, as follows:

1. Adopt new Policy 20-16 Dress Code Policy. The purpose of this policy is to establish a policy on employee dress for the City of Brentwood.

2. Adopt new Policy 20-17 Employer – Employee Relations Resolution. It is the purpose of this Resolution to promote full communications between the City of Brentwood and its employee organizations by providing a method for resolving disputes between it and employee organizations regarding wages, hours, and other terms and conditions of employment. It is also the purpose of this Resolution to promote the improvement of personnel management and employer-employee relations by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and to be represented by such organizations in their employment relationships with the City.

3. Adopt new Policy 20-18 Department Head Benefit Policy. This policy establishes the parameters for certain benefits provided to Department Heads. The policy is necessary due to the scope of work and the “at-will” status of these classifications.

4. Adopt new Policy 20-19 Family Care and Medical Leave. The City of Brentwood will provide family care and medical leave for eligible employees as required by state and federal law. The policy sets forth certain of the rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth in the policy are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (“FMLA”), and the regulations of the California Family Rights Act (“CFRA”).

5. Adopt new Policy 20-20 Layoff Policy. This new policy establishes the layoff policy and procedure for the City of Brentwood staff. The City may lay off employees, consistent with state and federal law, for the following reasons: a shortage of work; lack of funds; material change in duties or organization; in the interest of economy; to reduce the staff of any City function or the return of another City employee occupying the same position from a leave of absence.

6. Adopt new Policy 20-21 Marital Status Policy. This policy provides that no employee, prospective employee, or applicant shall be denied employment or benefits of employment on the basis of his or her marital status.

7. Adopt new Policy 20-22 Pregnancy Disability Leave. The City of Brentwood provides employees with Pregnancy Disability Leave and reasonable accommodation in accordance with State and Federal law. The policy includes provisions which set forth certain of the rights and obligations with respect to such leave.

8. Adopt new Policy 20-23 Policy Prohibiting Unlawful Discrimination and Harassment. This policy demonstrates the City’s commitment to prohibiting unlawful workplace discrimination and harassment, and establishes a procedure for filing a complaint of unlawful discrimination and/or harassment.
9. Adopt new Policy 20-24 Smoke Free Workplace. The purpose of this policy is to establish and maintain a smoke free work place to protect the health and welfare of City employees in enclosed places of employment, including municipal buildings and vehicles.

10. Adopt new Policy 20-25 Workplace Violence Policy and Procedure. This policy regarding workplace violence provides procedures for employees, supervisors and managers in addressing workplace violence issues.

11. Revise Policy 20-6 Outside Employment. This policy includes minor revisions that focus on the conditions and limits under which City employees may engage in outside employment or enterprise.

12. Revise Policy 20-8 Vacation. The revised Vacation policy will reduce liability by enforcing a maximum accrual cap. The new text provides that unless approved by the City Manager, when the maximum accrual cap is reached, further vacation accrual will stop.

13. Repeal Policy 20-2 Special Leaves of Absence. The following topics were included in the policy: military leave, jury and witness leave, maternity leave, administrative leave, and special leave without pay. This policy is no longer necessary as these topics are part of the Personnel Rules and Regulations or Memorandum of Understanding.

14. Repeal Policy 20-5 Employee Organization Activities. This policy is no longer necessary as Policy 20-17 Employer – Employee Relations Resolution described in item number 2 above, provides the parameters for employee organizations and the relationships between City employees and the City. Policy 20-17 also includes provisions for dispute resolution between employee organizations and the City.

15. Repeal Policy 20-11 Work Hours. This policy is no longer necessary as the Personnel Rules and Regulations, Rule 7 Hours of Work, Attendance and Overtime, provides the necessary guidelines related to work hours as well as other related topics including attendance, lunch or meal periods, break periods, standby designation, time sheet procedure, responsibility for completion of time sheets, and overtime reporting.

PREVIOUS ACTION
None

BACKGROUND
The growth of the City is not only reflected in the growth of the City’s land-mass size and population. To answer the demand for public services, the City’s staffing levels have also grown. In connection with increased staffing levels, we have experienced a wide variety of personnel issues. In response to a few of the more challenging personnel issues that have surfaced over the past few years, the City Council requested preparation of the attached Personnel Rules and Regulations. The goal of the Personnel Rules and Regulations is to provide a mechanism for City Management to process and manage personnel issues in a fair and consistent manner. In addition to the Personnel Rules and Regulations, specific Council/Administrative Policies have been created or revised. These Council/Administrative Policies pertain to the area of Personnel, also with the goal to address personnel issues in a fair and consistent manner.

FISCAL IMPACT
The revision of the Brentwood Municipal Code, as described above does not create additional expenditures. Revision of the Vacation Policy will result in reduced liability. Unless approved by the City Manager, when the maximum accrual cap is reached, further vacation accrual will stop.

Attachments:
Ordinance
Resolutions (2)
Exhibit A - Personnel Rules and Regulations
Exhibit B - Council/Administrative Policies:
20-6 Outside Employment (revision)
20-8 Vacation Policy (revision)
20-16 Dress Code Policy
20-17 Employer-Employee Relations Resolution
20-18 Department Head Benefit Policy
20-19 Family Care and Medical Leave
20-20 Layoff Policy
20-21 Marital Status Policy
20-22 Pregnancy Disability Leave
20-23 Policy Prohibiting Unlawful Discrimination and Harassment
20-24 Smoke Free Workplace
20-25 Workplace Violence Policy and Procedure

ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY OF BRENTWOOD REPEALING ORDINANCE NO. 187 IN TOTAL: AMENDING SECTIONS 2.24.010 – 2.24.505 AND REPEALING SECTIONS 2.24.060 – 2.24.140 PERTAINING TO THE PERSONNEL SYSTEM

The City Council of the City of Brentwood does hereby ordain:

Ordinance no. 187 is hereby repealed, and shall be replaced by Ordinance XXX amending Sections 2.24.010 through 2.24.050 and repealing Sections 2.24.060 – 2.24.140 as follows:

2.24.010 Personnel System

The City Manager shall formulate and recommend to the City Council for its approval rules and regulations, and amendments thereto, pertaining to the operation of a personnel system. Such rules and regulations shall cover the selection, appointment, classification, promotion, demotion, suspension, retirement and termination of municipal service employees and all other matters governing the status of employees and conditions of their employment. Approval of such rules, regulations and amendments thereto shall be by resolution of the City Council.

2.24.020 Personnel System – Application and Exceptions

The personnel system established in this chapter and accompanying rules and regulations shall apply to all positions and employment in the municipal service, except the City Manager, City Attorney, and all Department Heads. The personnel system shall not apply to elective officers, members of boards and commissions, nor to any Limited Service employees of the City, unless specifically included by the accompanying rules and regulations.

2.24.030 Personnel Officer Designated – Powers and Duties

The City Manager is appointed Personnel Officer. Subject to the limitations established by this chapter, other law, the annual municipal budget and resolutions of the City Council, the personnel officer shall:

A. Administer the provisions of this chapter, establishing administrative regulations and records as appropriate and necessary;

B. Conduct recruitment for the purpose of hiring all City employees;

C. Administer discipline for all City employees; and

D. Make recommendations in regard to amendments to this chapter and resolutions pursuant thereto.

2.24.040 Discrimination Prohibited

The City is committed to the goal of equal employment opportunities. It is the policy of the City to ensure that the application of this chapter and the recruitment, employment, training, advancement, layoff, salary level, termination, and all other personnel actions for all positions, classes and individual employees are made on the basis of qualifications and performance without regard to race, color, religion, creed, national origin, sex, political affiliation, sexual orientation, physical or mental disability, or any other basis prohibited by federal or state law.

2.24.050 Employees – Establishment and Change of Compensation

A. All compensation shall be as established by the City Council. No employee shall accept anything of value for the performance of his official duties and acts or other acts performed while on duty, other than compensation duly authorized by the City Council.

B. The City Council may review and change compensation at any time, and shall review compensation with the annual municipal budget. Formal adoption of the budget shall conclusively constitute a completion of the annual compensation review.


All ordinances or parts of ordinances or resolutions in conflict herewith are hereby expressly repealed.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 12th day of April 2005, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the _ day of _ 2005, by the following vote:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
ADOPTING THE PERSONNEL RULES AND REGULATIONS

WHEREAS, the City Council requested the preparation of the attached Personnel Rules and Regulations to address the variety of personnel issues that have occurred with the growth of the City, thus the growth of City staff; and,

WHEREAS, staff prepared the Personnel Rules and Regulations which set forth parameters for the City’s personnel system and describe how the City will manage the positions and employment of its personnel; and

WHEREAS, staff worked closely with the Department Directors and legal counsel to ensure the development and implementation of rules and regulations that meet legal requirements and provide the City with tools necessary to manage staff efficiently; and

WHEREAS, requirements to meet and confer with representatives from the City’s bargaining units have also been fulfilled; and

WHEREAS, the goal of the Personnel Rules and Regulations is to provide a mechanism for City Management to process and manage personnel issues in a fair and consistent manner; and

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood approves the Personnel Rules and Regulations as provided above, effective immediately.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th of April 2005, by the following vote:

Attachment:
Exhibit A – Personnel Rules and Regulations

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REVISING COUNCIL/ADMINISTRATIVE POLICIES: 20-6 OUTSIDE EMPLOYMENT AND 20-8 VACATION POLICY, REPEALING COUNCIL/ADMINISTRATIVE POLICIES: 20-2 SPECIAL LEAVES OF ABSENCE, 20-5 EMPLOYEE ORGANIZATION ACTIVITIES, AND 20-11 WORK HOURS AND ADOPTING NEW COUNCIL/ADMINISTRATIVE POLICIES: 20-16 DRESS CODE POLICY, 20-17 EMPLOYER-EMPLOYEE RELATIONS RESOLUTION, 20-18 DEPARTMENT HEAD BENEFIT POLICY, 20-19 FAMILY CARE AND MEDICAL LEAVE, 20-20 LAYOFF POLICY, 20-21 MARITAL STATUS POLICY, 20-22 PREGNANCY DISABILITY LEAVE, 20-23 POLICY PROHIBITING UNLAWFUL DISCRIMINATION AND HARASSMENT, 20-24 SMOKE FREE WORKPLACE, 20-25 WORKPLACE VIOLENCE POLICY AND PROCEDURE

WHEREAS, in response to the City Council’s desire to establish a formal, up-to-date personnel system, staff prepared the revised and new Council/Administrative Policies detailed above; and

WHEREAS, current Council/Administrative Policies 20-2 Special Leaves of Absence, 20-5 Employee Organization Activities, and 20-11 Work Hours are no longer necessary and are covered in the Personnel Rules and Regulations and/or other new Council/Administrative Policies; and

WHEREAS, the Council/Administrative Policies are an extension of the Personnel System in that they provide for consistent employment-related practices and compliance with applicable laws; and

WHEREAS, staff worked closely with the Department Directors and legal counsel to ensure the development and implementation of appropriate policies that meet legal requirements and provide the City with tools necessary to manage staff efficiently; and

WHEREAS, the goal of the Council/Administrative Policies detailed above is to provide a mechanism for City Management to process and manage personnel issues in a fair, consistent and lawful manner; and

WHEREAS, requirements to meet and confer with representatives from the City’s bargaining units have also been fulfilled; and

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood approves the Council/Administrative Policies as provided above, effective immediately.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th of April 2005, by the following vote:

Attachment:
Exhibit B – Council/Administrative Policies as described above

 

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