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HomeMy WebLinkAboutORD 1260ORDINANCE NO. 1260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE BY AMENDING SECTIONS 2.52.205 RECRUITMENT NOTICES AND APPLICATION REQUIREMENTS, 2.52.305 DEFINITION OF EMPLOYMENT TYPES, AND 2.52.700 HOLIDAYS. WHEREAS, the City of Palm Desert has established a personnel system in section 2.52 of its municipal code; and WHEREAS, the City of Palm Desert met and consulted in good faith with the Palm Desert Employees Organization (PDEO) in accordance with the Meyers-Milias- Brown Act and the City employer - employee relations Resolution No. 81-89; and WHEREAS, the City of Palm Desert has reached agreement with the employees represented by the Palm Desert Employees Organization, for the period February 28, 2008, through February 28, 2011; and WHEREAS, the modification to Section 2.52.900 through 2.52.925 does not change the MOU/Agreement previously entered in between the Palm Desert Employees Organization and the City of Palm Desert and the PDEO has been consulted on such modifications and had no comment; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, THAT THE FOLLOWING SECTIONS OF THE PALM DESERT MUNICIPAL CODE ARE HEREBY AMENDED AS FOLLOWS: Section 1. That Sections 2.52.205, 2.52.210, 2.52.215, 2.52.305 and 2.52.700, of the Municipal Code are hereby amended to read as illustrated in Exhibit "A." Section 2. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in The Desert Sun, a newspaper of general circulation, printed and published in the County of Riverside and circulated within the City of Palm Desert and shall be in full force and effective thirty (30) days after its adoption. ORDINANCE NO. 1260 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held this 10th day of October, 2013, by POW the following vote, to wit: AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE , l� �J N C. HARNIK, MAYOR ATTEST: ELL D. KL SE , ITY CLERK CITY OF PALM DESERT, CALIFORNIA 10 ((:;--2hrS>t3 ORDINANCE NO. 1260 EXHIBIT "A" 2.52.305 Definition of Employment Types A. Regular Full -Time Employment: Employees are those who successfully complete the probationary period and who regularly work forty (40) hours per week, the maximum number of hours scheduled by a department or division. Regular full-time employees receive all benefits outlined in the in labor group bargaining agreements and in the Municipal Code, unless otherwise stated. B. Regular Part -Time Employment: Employees who regularly work less than forty (40) hours per week and more than twenty (20) hours per week and who successfully completes the probationary period. Regular Part -Time employees, provided they are employed on a basis of twenty or more hours per week, are eligible vacation, leaves of absence credits, and CalPERS service credit, proportional to their assigned work hours. They are eligible for Holiday pay in accordance with Municipal Code Section 2.52.700 — Holidays. Employees who are regularly scheduled to work 30 hours per week would receive 75% accrual of vacation and sick leave. Regular Part -Time employees, (regularly scheduled for less than forty (40) hours per week) will be eligible to receive fixed cost benefits such as health, dental, vision, long term disability and life insurance plans at fifty percent (50%) of the current premium paid for employees with regular full-time status. Employees working less than 20 hours per week do not acquire regular status and are not entitled to benefits. Such employees serve at the pleasure of the appointing authority. 2.52.205 Recruitment Notices and Application Requirements The City of Palm Desert recruits to fill vacant positions in a manner which is fair, efficient, and results in a list of the most qualified candidates for departmental consideration. All recruitment and examination activities shall be designed to assess the job -related qualifications of each applicant and ensure that these activities are consistent with merit system principles. The Human Resources Department, in conjunction with the Department Head, shall determine whether a position is best filled through an open or promotional recruitment. When an open recruitment is conducted, notices shall be posted and/or distributed in a manner that is likely to provide for a qualified applicant pool. When a promotional or limited recruitment is conducted, notices shall be posted for a minimum of two weeks. ORDINANCE NO. 1260 All recruitment announcements shall describe the available position(s) and indicate steps a prospective applicant must take in order to be considered. All recruitments for regular allocated positions shall be conducted by the Human Resources Department and/or their designee. The Human Resources Department, in conjunction with the Department Head and City Manager, may determine that a position should remain unfilled or be filled at a lower level. If a position is determined to be filled at a lower level due to a lack of desirable candidates, a separate recruitment will be conducted. A. Recruitment Methods Department Heads shall advise the Human Resources Department in a timely manner of current and anticipated allocated position vacancies. The City Manager must authorize the filling of vacancies. The Human Resources Department, together with input from the affected Department, shall determine the methods to be used to fill the vacancy. The Human Resources Department may postpone, cancel, extend or otherwise modify recruitment efforts, as circumstances indicate. A recruitment need not reflect an immediate vacancy. It may be conducted to establish an eligible list for future vacancies. B. Job Announcement The Human Resources Department shall publicize all recruitment's and examinations for regular City positions by posting the job announcements on the City's website for the duration of the filing period. The recruitment shall be given other publicity as the Human Resources Department deems warranted with concurrence of the affected Department Head, to attract a sufficient number of qualified candidates to compete in the selection process, keeping cost efficiency and effectiveness as a priority. The announcement must be made publicly available, whether electronically, bulletin board posting or other means. Recruitment notices will specify the title and pay of the class, the nature of the work to be performed and the essential functions of the job, the qualifications necessary for performance of the work, the manner of applying, the type of exam(s) that will be administered, and other pertinent information. In addition to the general employment standards in the class specifications, the Human Resources Department with concurrence of the Department Head, may establish additional requirements which shall be included in the job announcements and which must be met by each applicant before admission to examination or appointment Application forms shall require information covering training, experience and other pertinent information. Applicants for positions which are scientific, professional or technical, or the duties of which requires special qualifications shall be required to ORDINANCE NO. 1260 provide documentary evidence of a satisfactory degree of education, training, and/or experience. Application Forms: Applications shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of skill level, references and fingerprinting, if appropriate. Applications will be accepted electronically or on prescribed forms, the method and format of which may at any time or from time to time be set forth by the city council through resolution. Disqualifications: The Human Resources Department may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position or is not able to provide proof of their ability to work in the United States, except when this ability is not required by state or federal law. Applicants shall be rejected if the applicant is physically or mentally unable to perform the essential functions of the job, with or without reasonable accommodation; is a current user of illegal drugs; has been convicted of a felony or misdemeanor that relates to the position duties that the applicant would perform; has made any false statement of any material fact or practiced fraud or deception in making the employment application; directly or indirectly obtained information regarding examinations; failed to submit the employment application correctly or within the prescribed time limits; has had his or her privilege to operate a motor vehicle in the State of California suspended or revoked if driving is job related; and for any material cause which in the judgment of the Personnel Officer or his/her designee would render the applicant unfit for the position, including a prior resignation from the City, dismissal from the City, or a significant disciplinary action. Background checks will be conducted on all applicants and made part of the applicant's file. Applications shall be rejected, or employment terminated, if already hired, if the applicant has made any false statement or omission of any material fact, or given wrong or misleading information. 2.52.210 Examinations The City has discretion to use any examination process that the City believes will measure the relative capacity of the persons examined to execute the duties and responsibilities of the position that they seek. The Human Resources Department, together with the director of the hiring department, will determine the methods of evaluating the qualifications and interviewing applicants. The methods may involve any combination of written test, agility test, oral interview, performance test, rating of education, training and experience or other measure of an applicant's ability and qualifications. No question in any test, or in any application form, or by an appointing authority, shall be so framed as to attempt to elicit information concerning actual or perceived race, ORDINANCE NO. 1260 color, national origin, sexual orientation, age, gender, gender identity, political or religious opinions or affiliations of an applicant. Each person who takes an examination shall be given written notice of the results . thereof within a reasonable period of time. 2.52.215 Selection Requirements Appointment of individuals for employment with the City of Palm Desert will be made on the basis of merit, ability, qualifications and background. No appointment to or removal from a position in the personnel system, shall be affected or influenced in any manner by any consideration of actual or perceived race, color, national origin, age, gender, political or religious opinion or affiliation, sexual orientation or physical or mental disability, when such disabilities do not affect ability to perform essential job duties with or without reasonable accommodation. In accordance with Municipal Code Section 2.04.100, it shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city under his control, subject to all applicable personnel ordinances, rules and regulations. (Ord. 17 § 7.3, 1974) Offers of employment may be made conditional on the applicant undertaking and passing a medical examination. When it is required, the exam will be conducted at City .� expense and must be satisfactorily passed prior to commencement of employment to determine if applicant can perform essential functions of the job with or without reasonable accommodation. 2.52.220 Veteran's Preference Each person who provides proof of an honorable discharge from the service of any branch of the U.S. military or U.S. armed forces within 10 years of the final filing date for an open position, and who meets the Application Requirements [Section 2.52.2051, will receive preferential consideration as required by law.