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
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
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
Waived first reading and introduced Ordinance 799 at the City Council
meeting held on April 12, 2005.
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.
The revision of the Brentwood Municipal Code, as described above does not
create additional expenditures.
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
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: