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CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: December 11, 2007

Subject/Title: Adopt a Resolution approving revised Personnel Rules and Regulations, adopt a Resolution repealing and approving revised Council/Administrative Policies related to Outside Employment, Catastrophic Leave, New Classifications, and City Hall Parking; and a revised Employee Handbook

Prepared by: Patti Standley, Human Resources Manager

Submitted by: Karen L. Chew, Assistant City Manager


RECOMMENDATION
Staff recommends that the City Council adopt a Resolution to revise the City’s Personnel Rules and Regulations (Exhibit “A”) and adopt a Resolution to revise specific Council/Administrative Policies and the Employee Handbook (Exhibit 1). These documents cover employer-employee relations and a wide range of personnel-related practices and procedures and 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.


PREVIOUS ACTION
On April 12, 2005, the City Council adopted Ordinance 799 which implemented the Personnel System now established in Title 2, Chapter 2.24 of the City of Brentwood Municipal Code. Additionally, on April 12, 2005, the City Council approved Resolution No. 2005-79 adopting the Personnel Rules and Regulations as well as 2005-80 adopting new and revised Council/Administrative Policies and Employee Handbook.


BACKGROUND
The Personnel Rules and Regulations, Rule 1 Personnel System, Section 1.7 Adoption, Amendment and Revision of Personnel Rules and Regulations states proposed amendments to/or revisions of the Personnel Rules shall be submitted to the City Council in writing by the Human Resources Manager after approval of the City Manager.

Since the implementation and use of the Personnel Rules and Regulations, staff recognized that new and/or revised text is necessary to bring the Rules up-to-date and to correct and clarify the intent of the various revised and/or new Rules detailed below.

Personnel Rules and Regulations

As detailed in the attached Resolution, Staff recommends that the City Council revise certain sections of the current Personnel Rules and Regulations as follows:


1. Rule 1 – Personnel System
a. Revise Section 1.6 Department Rules and Regulations. New text addresses the City Attorney’s authority as provided in the Brentwood Municipal Code, Title 2, Chapter 2.34, Section 2.37.060, sub-section J and L which provides that the City Attorney is responsible for all activities and services of the City Attorney’s office including, but not limited to, operational requirements of the City Attorney’s office.

b. Add Section 1.9 City Manager Administrative Policies. As provided by Chapter 2.36 of the Brentwood Municipal Code, as the administrative head of the City government the City Manager possesses ability to establish operational policies that do not require meet and confer or other formal approval.

c. Revise Section 1.10 Conflict of Personnel Rules. New text addresses a conflict between the Personnel Rules and Regulations and the Municipal Code with the Municipal Code prevailing in the event of a conflict.

2. Rule 2 - Definitions
a. Revise Section 2.4 Appointing Authority or Appointing Power. New text recognizes the City Attorney’s authority as provided in the Brentwood Municipal Code, Title 2, Chapter 2.34, Section 2.37.060, sub-section K, relative to appointment and removal of employees in the City Attorney’s office.

b. Revise Section 2.9 Classified Service. New text includes identification of at-will classifications that have been added since the Personnel Rules and Regulations were adopted in 2005. The new at-will classifications that are not covered by the Rules include: Assistant City Attorney, Deputy City Attorney, designated Assistant and Deputy Directors, and Police Captains.

c. Revise Section 2.15 - Department Director definition. New text addresses the City Attorney’s role as Department Director over the City Attorney’s Office and highlights the fact that the City Attorney reports to the City Council.

d. Add Section 2.22 Job Family. New text defines a job family as a group of two or more classifications similar with respect to the duties performed but different in terms of the nature and level of responsibilities assumed. For example, Accounting Assistant I/II, Accounting Technician, and Accounting Specialist.

e. Revise Section 2.30 Unclassified Service. New text includes identification of at-will classifications that have been added since the Personnel Rules and Regulations were adopted in 2005. The new at-will classifications that are not covered by the Rules include: Assistant City Attorney, Deputy City Attorney, designated Assistant and Deputy Directors, and Police Captains.

3. Rule 4 – Selection for Employment or Promotion
a. Revise Section 4.4.2 Eligibility for Promotional Examination. Selection for Employment or Promotion. New text explains that a promotion consists of moving up from Level I to Level II in a I/II classification and allows new employees to compete in promotional opportunities while on probation.


4. Rule 8 - Compensation
a. Revise Section 8.6 Advancement Within Salary Range. New text changes terms of employee performance assessment from “satisfactory” to “meets standards” or is deemed “acceptable”.

5. Rule 10 – Holidays, Vacation, and Leaves of Absence
a. Revise 10.1.5.2 Accrual. New text explains that Personal Holiday leave is accrued each January.

b. Revise 10.5.1.1 and 10.5.2.2 of Industrial Injury/Illness Leave section for both non-sworn and sworn employees. Original text states that an employee “shall” supplement workers’ compensation benefits with accrued leave. Revised text provides employees the ability to decide if they want to supplement workers’ compensation benefits with accrued leave, it is not required.

c. Revise 10.8 Bereavement Leave. Revised text allows employees to take care of family affairs related to a qualified death in addition to attending a funeral or memorial service. New text provides a definition of “household member” to aid employees in the determination of the number of Bereavement Leave days for which they are eligible.

d. Revise 10.14 and 10.16 of Leave of Absence Without Pay to provide the ability for the City Manager to continue some or all of the benefits to an employee on an approved leave of absence without pay depending on individual circumstances. Each request shall be considered individually on a case-by-case basis.

6. Rule 11 – Disciplinary Action
a. Revise 1.1 Application and 11.4 Disciplinary Procedure – Regular Employees. New text addresses the identification of at-will classifications that have been added since the Personnel Rules and Regulations were adopted in 2005. The new at-will classifications that are not covered by these Rules include: Assistant City Attorney, Deputy City Attorney, designated Assistant and Deputy Directors, and Police Captains.

b. Revise 11.2.1 City Employees (Other than sworn police personnel). New text provides that full day suspensions of one or more days may occur as the result of disciplinary actions.

c. Revise 11.3.9 Immorality definition. New text defines actions that demonstrate a lack of conformance to this prohibited behavior.

d. Revise 11.3.11 Improper political activity as defined by California law. New text includes the Government Code Sections that govern elections and political activity.

7. General revisions include minor text edits including: Changing the term Department Heads to Department Directors, and revised text intended to provide focused interpretations.


Council/Administrative Policies and the Employee Handbook

Staff also recommends that the City Council adopt revised Council/Administrative Policies, the Employee Handbook, and repeal Council/Administrative Policy 90-1, attached as Exhibit 1, as follows:

1. Revise Policy 20-6 Outside Employment Policy.
a. Section 3: Definition is revised to provide a definition of what constitutes outside employment.
b. The term Department Head throughout the document is revised to Department Director.
c. New Section 4: Procedure, Item G provides that employees must have a current performance evaluation rating of “meets standards” or higher to be eligible for outside employment.
d. New Section 5: Revocation/Suspension of Outside Employment Authorization provides for circumstances where the authorization may be revoked or suspended.
e. New Section 6: Appeal Process provides steps an employee may take to appeal the decision not to approve their request for an Outside Employment Authorization.
f. New Section 7: Outside Employment While on Disability provides for review of an approved Outside Employment Authorization when an employee is placed on disability leave or modified duty, including consideration of employee’s recovery as it relates to the continued performance of Outside Employment.

2. Revise Policy 20-10 Catastrophic Leave Policy.
a. New provisions added related to Hardship Case. Provides an opportunity for employees to donate their accrued leave to help another employee that has exhausted their accrued leave due to a Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) covered absence. These cases are subject to approval by the City Manager and will be reviewed on a case-by-case basis.

3. Change Policy 20-14 current title from Reclassification Policy to New Classification Policy and Procedure. The proposed policy is a shift from reclassification of existing staff to focus on the creation of new classifications that do not exist in the City’s approved Classification and Compensation Plan. The creation of new classifications requires the approval of the City Council.

4. Repeal Policy 90-1 City Hall Parking. This policy, approved September 29, 1982, setting limitations for employee parking is outdated. Staff recommends, establishing the City Hall Parking Policy via City Manager’s Administrative Policy. As changes begin to occur around the City Hall area when construction of the new Civic Center begins, parking restrictions are likely to change. Establishing the Parking Policy via City Manager’s Administrative Policy instead of formal Council/Administrative Policy will allow for prompt revisions as the policy will no longer have to be formally approved by the City Council.

5. Revise the Employee Handbook.
a. New text includes the City’s Vision and Culture statement as well as the Mission Statement.
b. New description of the Finance and Information Systems Department and the Public Works Department.
c. New text referring employees to the Personnel Rules and Regulations, City Council/ Administrative and City Manager Policies for information on workplace rules and policies.
d. Revised text regarding Worker’s Compensation and instructions on how to report a work-related illness or injury.
e. New text referring employees to the current Employee Assistance Program (EAP) including a description of the benefits available.
f. New text providing the specific California Government Code Sections that govern an employee’s involvement with political activities.
g. New text advising employees where and how to locate various policies and procedures.


The City continues to experience a wide variety of personnel issues. Updating the Personnel Rules and Regulations will continue 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 and the Employee Handbook have been 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 Personnel Rules and Regulations, Council/Administrative Policies, and Employee Handbook detailed above do not result in any fiscal impact.


Attachments:
Resolutions (2)
Exhibit A - Personnel Rules and Regulations
Exhibit 1 - Council/Administrative Policies:
20-6 Outside Employment (revision)
20-10 Catastrophic Leave Policy (revision)
20-14 New Classification Policy and Procedure
Employee Handbook



RESOLUTION NO.


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


WHEREAS, on April 12, 2005, the City Council approved the 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, based on the application of the Personnel Rules and Regulations since 2005, staff recognized the necessity to revise various sections included in the Personnel Rules and Regulations attached as Exhibit A; and

WHEREAS, staff worked closely with the Department Directors and legal counsel to ensure the revision and implementation of the rules and regulations 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.

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood approves the Personnel Rules and Regulations as provided above, and attached hereto as Exhibit “A”, effective immediately.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th of December 2007, by the following vote:



Attachment:
Exhibit A – Personnel Rules and Regulations




RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING: REVISED COUNCIL/ADMINISTRATIVE POLICIES INCLUDING 20-6 OUTSIDE EMPLOYMENT, 20-10 CATASTROPHIC LEAVE POLICY, 20-14 NEW CLASSIFICATION POLICY AND PROCEDURE; REPEALING COUNCIL/ADMINISTRATIVE POLICY 90-1 CITY HALL PARKING, AND APPROVING REVISED EMPLOYEE HANDBOOK


WHEREAS, in response to the City Council’s desire to establish and maintain a formal, up-to-date personnel system, staff prepared revisions to the following Council/Administrative Policies:

20-6 Outside Employment
20-10 Catastrophic Leave Policy
20-14 New Classification Policy and Procedure

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, the Council/Administrative Policies detailed above have been revised to further staff’s efforts and City Council’s commitment to process and manage personnel issues in a fair, consistent and lawful manner; and

WHEREAS, current Council/Administrative Policy 90-1 City Hall Parking policy is recommended to be repealed as employee parking is not required to be managed by formal Council/Administrative Policy; 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, requirements to meet and confer with representatives from the City’s bargaining units have also been fulfilled.

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood

1. Approves revised Council/Administrative Policies as described above and attached hereto as Exhibit 1, effective immediately.
2. Repeals in its entirety Council/Administrative Policy 90-1 (City Hall Parking).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th of December 2007, by the following vote:


Attachment:
Exhibit 1 – Council/Administrative Policies as described above
 
City Administration
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