HomeMy WebLinkAboutORD 1372ORDINANCE NO. 1372
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
SECTION 2.52.705(F) "ACCRUED VACATION TIME BUY-BACK", TO
INCLUDE THE REQUIREMENT OF AN IRREVOCABLE ELECTION TO
BUY-BACK UP TO EIGHTY (80) HOURS OF VACATION TIME PER
CALENDAR YEAR, PRIOR TO ACCRUAL AND AMENDING SECTION
2.52.305(F) "PROBATIONARY EMPLOYEES", TO ALLOW
PROBATIONARY EMPLOYEES' USE OF ACCRUED LEAVE WHILE ON
PROBATIONARY STATUS
WHEREAS, the City of Palm Desert ("City") is amending Section 2.52.705(F) of
the Palm Desert Municipal Code ("Municipal Code"), described particularly herein below;
and
WHEREAS, the City Council finds that the City has established a policy by which
qualifying City employees are allowed to buy-back a portion of their accrued vacation time
for monetary compensation; and
WHEREAS, the City Council finds that it is not the intent of the policy that qualifying
employees should be taxed as a constructive receipt of income; and
WHEREAS, the City council finds that it is the intent of the policy to not
unnecessarily complicate tax reporting or create tax penalties for the qualifying City
employee and the City of Palm Desert; and
WHEREAS, the City Council finds that in order to continue to recruit qualified
employees, it is necessary to allow probationary employees to immediately use accrued
sick, vacation, and floating holiday benefits; and
WHEREAS, the City Council of the City of Palm Desert, California has determined
that the amendments to Palm Desert Municipal Code sections 2.52.705(F) and 2.52.
305(F) are consistent with applicable federal and state law; and
WHEREAS, all other legal prerequisites to the presentation of this Ordinance have
occurred.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Recitals. The City Council of the City of Palm Desert, California,
hereby finds that the foregoing recitals are true and correct and are incorporated herein
as substantive findings of this Ordinance.
SECTION 2. Current PDMC Chapter 2.52.705(F) -- "Accrued Vacation Time
Buy -Back" currently reads as follows:
F. Accrued Vacation Time Buy -Back. All regular full and half-time employees with one hundred
twenty accrued vacation hours, may, upon written request, be compensated for up to a maximum
ORDINANCE NO. 1372
of forty hours of accrued vacation per calendar year, instead of taking vacation time off. The same
applies to exempt employees in Group A and Group B.
SECTION 3. Amendment to Chapter 2.52.705(F) -- "Accrued Vacation Time
Buy -Back" shall be amended to read as follows:
F. Accrued Vacation Time Buy -Back. All regular full- and half-time employees who are not
subject to an employment contract with conflicting provisions, may make a written, irrevocable
election at the end of each calendar year ("Election Year") to buy back a portion of their vacation
accrued in the next calendar year ("Payout Year") for monetary compensation:
1. Employees with at least 120 hours of accrued vacation on December 1 of each
year may make an irrevocable election to buy back up to 80 hours of vacation to be accrued and
paid out in the next calendar year.
2. Employees with at least 80 hours of accrued vacation on December 1 of each year
may make an irrevocable election to buy back up to 40 hours of vacation to be accrued and paid
out in the next calendar year.
In the Payout Year, employees may submit a written request to buy-back the elected hours. If an
employee made an election but has failed to request payment by December 1 of the Payout Year,
then the elected hours will be paid to the employee prior to December 31 of the Payout Year.
SECTION 4. Amendment to Section 2.52.305(F) "Probationary Employees":
shall be amended to read as follows:
"F. Probationary Employees. Probationary employees are employees who are newly
hired and subject to a period of six months (one thousand forty hours) probation, which
is also referred to as a probationary period.
The work and conduct of probationary employees will be subject to close scrutiny and
evaluation. The probationary period is part of the selection process, and shall be
considered to be a working test period during which an employee is required to
demonstrate fitness for the appointed position by actual performance of the duties of the
position.
At all times during the probationary period, employment with the city is considered to
be at -will and the employment relationship may be terminated at any time for any reason
by either party. As such, probationary employees serve at the will of the city and are
subject to termination without cause and without the right of appeal or hearing, prior to
the expiration of this period.
A probationary employee shall be evaluated by his or her supervisor at the end of the
first three months of the probationary period. The evaluation will include a
recommendation as to whether or not the employee should continue with the remaining
three months of the probationary period.
Prior to the end of the six-month (one thousand forty hours) probationary period, the
employee's supervisor will evaluate the employee's performance. If the supervisor's
evaluation indicates that the employee is performing satisfactorily after his or her six
ORDINANCE NO. 1372
months' probationary period, or has remedied any noted performance issues, and is
continuing to perform satisfactorily, the supervisor shall submit a recommendation to the
department of human resources that the employee has successfully completed his or her
probationary period and should become a regular employee.
Copies of all evaluations made at any point during and at the conclusion of the
probationary period shall be forwarded to the department head and the human resources
department for inclusion in the employee's personnel file.
Probationary employees are eligible to be paid for recognized holidays. They will also
accrue sick, vacation and floating holiday benefits '
unpaid.
The probationary period is not subject to extension except when the employee is on
military leave, as described herein, or on another type of approved leave in which case
the city manager will approve whether or not the period may be extended for the period
of such leave.
Probation Period for Promoted Regular Employees. Regular employees appointed to
a new position due to promotion will serve a three-month probationary period, with an
interim review at six to eight weeks, unless they served in the position in an acting
capacity for at least three months prior to their promotion.
During this probationary period, the city has the discretion to move the employee back
to his or her prior position at will and without right of appeal if it determines that it is in the
best interest of the city or if it determines that the employee is unable to satisfactorily
perform the new position.
Transferred or promoted employees, although evaluated according to this policy,
remain eligible for all benefits while demonstrating their ability to perform their new jobs."
SECTION 5. Subsequent Actions by City Manager - Authorize the City
Manager to do any and all things necessary to implement this Ordinance including
creating and implementing policies, processes and procedures to effectuate the actions
taken herewith.
SECTION 6. Severability. If any section, subsection or clause of this ordinance
shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining
section, subsection and clauses shall not be affected thereby.
SECTION 7. Effective Date. This ordinance shall become effective on the
thirtieth (30th) day following its adoption.
SECTION 8. Posting. The City Clerk shall certify to the passage and adoption of
this ordinance and shall cause the same to be published once in a newspaper of general
circulation, printed and published within the County of Riverside, and circulated within
said City.
ORDINANCE NO. 1372
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 16th day of December, 2021, by the
following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
N C. HARNIK, MAYOR
ATTEST:
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NORMA I. ALLE C, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ORDINANCE NO. 1372
EXHIBIT "A"
PROPOSED AMENDMENTS TO
PALM DESERT MUNICIPAL CODE SECTION 2.52.705(F)
2.52.705 Vacation leave.
As currently written:
F. Accrued Vacation Time Buy -Back. All regular full and half-time employees
with one hundred twenty accrued vacation hours, may, upon written request, be
compensated for up to a maximum of forty hours of accrued vacation per calendar year,
instead of taking vacation time off. The same applies to exempt employees in Group A
and Group B.
Amended to read as follows:
F. Accrued Vacation Time Buy -Back. All regular full- and half-time employees
who are not subject to an employment contract with conflicting provisions, may make a
written, irrevocable election at the end of each calendar year ("Election Year") to buy back
a portion of their vacation accrued in the next calendar year ("Payout Year") for monetary
compensation:
1. Employees with at least 120 hours of accrued vacation on December 1 of
each year may make an irrevocable election to buy back up to 80 hours of vacation to be
accrued and paid out in the next calendar year.
2. Employees with at least 80 hours of accrued vacation on December 1 of
each year may make an irrevocable election to buy back up to 40 hours of vacation to be
accrued and paid out in the next calendar year.
In the Payout Year, employees may submit a written request to buy-back the elected
hours. If an employee made an election but has failed to request payment by December
1 of the Payout Year, then the elected hours will be paid to the employee prior to
December 31 of the Payout Year.
ORDINANCE NO. 1372
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