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HomeMy WebLinkAboutOrdinance 1237 Definition of Employment TypesORDINANCE NO. 1237 AN ORDINANCE OF THE CITY COUNCIL OF'�ITtE"`CITY- ,OF-,1'AL-M-, DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE BY DELETING SECTION 2.52.300, TYPES OF APPOINTMENT, AND SECTION 2.52.305, DEFINITION OF EMPLOYMENT TYPES IN THEIR ENTIRETY, AND REPLACING THEM WITH SECTION 2.52.300 TYPES OF EMPLOYMENT AND SECTION 2.52.305 DEFINITION OF EMPLOYMENT TYPES. 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 June 30, 2011, through June 30, 2014; and WHEREAS, the modification to Section 2.52.555 does not change the MOU/Agreement previously entered in between the Palm Desert Employees Organization and the City of Palm Desert and both parties have reached agreement on the modification; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 2.52.300, Types of Appointment and Section 2.52.305, Definition of Employment Types, of the Code of the City of Palm Desert, California, be deleted in their entirety; and Section 2. That Section 2.52.300, and Section 2.52.305 are hereby added to the Code of the City of Palm Desert, California, as follows: SECTION C: TYPES OF EMPLOYMENT 2.52.300 Types of Appointments The City has the following types of employment appointments, which may be full-time or part-time; temporary or seasonal. Revised March 22, 2012 Page 1 of 5 Ordinance No. 1237 2.52.305 Definition of Employment Types A. Regular Full -Time Employment: Employees are those who successfully complete the probationary period and who regularly works forty (40) hours per week, the maximum number of hours scheduled by a department or division. B. Regular Part -Time Employment: Employees who regularly works 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 for paid holidays, vacation, leaves of absence credits, proportional to their assigned work hours. For example, an employee scheduled to work six (6) hours per day is eligible for (6) hour of holiday credit. 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 receive health and life insurance, and other compensation benefits at fifty percent (50%). 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. Exempt Status Exempt Personnel, Group A: Certain positions are designated as being exempt from overtime provisions. Such positions are typically those held by managers, directors, high-level administrators, or professionals, as defined by the Fair Labor Standards Act. These positions shall be identified by resolution. Among other things, positions requiring attendance at numerous extra hour meetings and conferences are designated as Exempt Personnel, Group A. Exempt Personnel, Group B: Certain positions are designated as being exempt from overtime provisions. Such positions are typically those held by managers, directors, high-level administrators, or professionals, as defined by the Fair Labor Standards Act. These positions shall be established by resolution. Among other things, positions requiring attendance at occasional extra hour meetings and conferences are designated as Exempt Personnel, Group B. Ordinance No. 1237 At -Will Employee: "At -will' refers to any city employee who: (1) does not hold regular status, (2) serves at the pleasure of the Council, City Manager or appointment authority, and (3) can be terminated an any time without cause and without the opportunity to appeal. Employees who move from "regular" employment status to an at -will position will be required to sign a notification and acknowledgment of at -will employment as a condition of employment. B. Acting Employees: Acting employees are regular employees temporarily assigned to a position and who perform all the duties of a position other than the position the employee normally occupies. An acting employee can be removed from his or her acting position, and returned to his or her regular position, at any time without cause and with no right of appeal or hearing. An employee appointed in an acting capacity shall receive the salary equivalent to Step A of the acting position, providing it is at least five percent higher and providing that the employee serves in the higher classification for at least thirty consecutive calendar days. Acting appointments shall be made on a temporary, at -will basis. When the employee is relieved of the acting appointment, the employee shall be reinstated, without right of appeal, to the former position and the salary adjusted to the salary range of the former position at the appropriate step as if the temporary appointment had not occurred. C. Temporary, Provisional or Seasonal Employees: An employee who is assigned to work on a particular project or on a job of limited or definite duration, less than 999 hours annually, is a temporary, provisional or seasonal employee. A temporary, provisional or seasonal employee: (1) does not hold regular status, (2) does not serve a probationary period, (3) can be dismissed from City employment at any time without cause, right to appeal, grievance or hearing, and (4) is not entitled to earn, accrue, or participate in any City employee benefit plans, or paid or unpaid leaves, except as required by law. D. Probationary Employees: Probationary employees are employees who are newly hired and subject to a period of six months (1040 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 Ordinance No. 1237 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. 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 (1040 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 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 and six -months worth of accruals will vest and credit to them only after they have completed their probationary period and are appointed to regular employee status. Absences during the probationary period will be 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. F. 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 6-8 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/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. Ordinance No. 1237 Section 3. 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held this 22 day of March, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT SPIEGEL, MAYOR CITY COUNCIL,ATON APPROVED DEN .D RE�EOTHER /�//fir i�P�]! T nF,�,/� /,✓ �i lilt D MEETING DATE AYES: L�r NOES: ABSENT: ABSTAIN: -C-- VERIFIED BY: L0KX2Q Original on File with City erk's Office * Adopted as presented, including the clarified language provided. 4-0 (Kroonen ABSENT) ORDINANCE NO. E•aw AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE BY DELETING SECTION 2.52.300, TYPES OF APPOINTMENT, AND SECTION 2.52.305, DEFINITION OF EMPLOYMENT TYPES IN THEIR ENTIRETY, AND REPLACING THEM WITH SECTION 2.52.300 TYPES OF EMPLOYMENT AND SECTION 2.52.305 DEFINITION OF EMPLOYMENT TYPES. 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 June 30, 2011, through June 30, 2014; and WHEREAS, the modification to Section 2.52.555 does not change the MOU/Agreement previously entered in between the Palm Desert Employees Organization and the City of Palm Desert and both parties have reached agreement on the modification; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 2.52.300, Types of Appointment and Section 2.52.305, Definition of Employment Types, of the Code of the City of Palm Desert, California, be deleted in their entirety; and Section 2. That Section 2.52.300, and Section 2.52.305 are hereby added to the Code of the City of Palm Desert, California, as follows: SECTION C: TYPES OF EMPLOYMENT 2.52.300 Types of Appointments The City has the following types of employment appointments, which may be full-time or part-time; temporary or seasonal. Revised March 22, 2012 Page 1 of 6 Ordinance No. 2.52.305 Definition of Employment Types 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 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 for paid holidays, vacation, leaves of absence credits, and CalPERS service credit, proportional to their assigned work hours. For example, an employee scheduled to eligible for (6) hour of holiday credit. scheduled to work 30 hours per week vacation and sick leave. work six (6) hours per day is Employees who are regularly would receive 75% accrual of Regular Part -Time employees, (regularly scheduled for less than forty (40) hours per week) will be eligible r, eGe've to receive fixed cost benefits such as health dental, vision and life onsuFance, long term disability and life insurance plans and ntheF GE)Mpe satins benefits at fifty percent (50%) of the current premium paid V� �vuilvrl�il TC�TrC.7 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. Ordinance No. I a?? T P -- - -- -- - -- - - - - - - ---- - a.P At -Will Employee: "At -will" refers to any city employee hired after May 1. 2012 who: (1) does not hold regular status, (2) serves at the pleasure of the Council, City Manager or appointment authority, and (3) can be terminated an any time without cause and without the opportunity to appeal. Employees who meve {4 employment, Fegula�' employment status to an at -will position will be FeqUiFed to sign -a Acting Employees: Acting employees are regular employees temporarily assigned to a position and who perform all the duties of a position other than the position the employee normally occupies. An acting employee can be removed from his or her acting position, and returned to his or her regular position, at any time without cause and with no right of appeal or hearing. An employee appointed in an acting capacity shall receive the salary equivalent to pep A -Step .i_ of the acting position, providing it is at least five percent higher and providing that the employee serves in the higher classification for at least thirty consecutive calendar days. Acting appointments shall be made on a temporary, at -will basis. When the employee is relieved of the acting appointment, the employee shall be reinstated, without right of appeal, to the former position and the salary adjusted to the salary range of the former position at the appropriate step as if the temporary appointment had not occurred. Temporary, Provisional or Seasonal Employees: An employee who is assigned to work on a particular project or on a job of limited or definite duration, less than 999 hours annually, is a temporary, provisional or seasonal employee. A temporary, provisional or seasonal employee: (1) does not hold regular status, (2) does not serve a probationary period, (3) can be dismissed from City employment at any time without cause, right to appeal, grievance or hearing, and (4) is not entitled to earn, accrue, or participate in any City employee benefit plans, or paid or unpaid leaves, except as required by law. Probationary Employees: Probationary employees are employees who are newly hired and subject to a period of six months (1040 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 Ordinance No. 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 (1040 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 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 and six -months worth of accruals will vest and credit to them only after they have completed their probationary period and are appointed to regular employee status. Absences during the probationary period will be 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 6-8 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/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 Ordinance No. 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. Exempt Personnel. Group A: Certain positions are designated as being exempt from overtime provisions. Such positions are typically those held by managers, directors, high-level administrators. or professionals, as defined by the Fair Labor Standards Act. These positions shall be identified by resolution. Among other things_, positions requiring attendance at numerous extra hour meetings and conferences are designated as Exempt Personnel, Group A. Exempt Personnel. Group B: Certain positions are designated as being exempt from overtime provisions. Such positions are typically those held by managers, directors, high-level administrators, or professionals, as defined by the Fair Labor Standards Act. These positions shall be established by resolution. Among other things, positions requiring attendance at occasional extra hour meetings and conferences are designated as Exempt Personnel, Group B. Ordinance No. �-?7D" Section 3. 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held this 22 day of March, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA