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 CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: April 26, 2005

Subject/Title: Waive second reading and adopt Ordinance 799 amending Chapter 2.24 of the Brentwood Municipal Code

Prepared by: Patti Standley, Human Resources Manager

Submitted by: Karen L. Chew, Assistant City Manager

RECOMMENDATION
Staff recommends that the City Council adopt Ordinance 799 to repeal and revise certain sections of the Brentwood Municipal Code, Title 2 Administration and Personnel, Chapter 2.24 Personnel System. The revisions 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.”

PREVIOUS ACTION
Waived first reading and introduced Ordinance 799 at the City Council meeting held on April 12, 2005.

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 approved the 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. Ordinance 799 establishes the foundation of the Personnel System that supports the new Personnel Rules and Regulations as well as the adopted Council/Administrative Policies.

FISCAL IMPACT
The revision of the Brentwood Municipal Code, as described above does not create additional expenditures.

Attachments:
Ordinance 799

ORDINANCE NO. 799

AN ORDINANCE OF THE CITY OF BRENTWOOD REPEALING ORDINANCE NO. 187 IN TOTAL: AMENDING SECTIONS 2.24.010 – 2.24.050 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 799 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:

 

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