HomeMy WebLinkAboutOrdinance 1241 City Offices&- �r -4 * Passed to second reading as amended to reflect
MEETING DATE the non -substantive clerical changes as presented.
7. 4-0 (Finerty ABSENT)
❑UCONTINUED I
L( PASSEa TO 2ND RE,WING '` RDINANCE NO.
1241
�N ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA AMENDING SECTIONS 2.04.040,
2.04.060, 2.04.110, 2.08.020, 2.08.030, 2.12.010, 2.16.010, 2.52.505, 2.60.030 AND
10.12.010 OF THE CODE OF
THE CITY OF PALM DESERT, CALIFORNIA
DEALING WITH VARIOUS CITY OFFICES
The City Council of the City of Palm Desert, California does hereby ordain as follows:
SECTION 1.
That Section 2.04.040 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 2.04.040 Bond.
Tie When required by the city council, city manager
shall furnish a corporate surety bond to be approved by the city council in such sum as
may be determined by the city council apd44e. The bond shall be conditioned upon the
faithful performance of the duties imposed upon the city manager
maflager as prescribed in this chapter. Any premium for the bond shall be a proper
charge against the city. (Ord. 17 § 4, 1974)"
SECTION 2.
That Section 2.04,060 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"2.04.060 Compensation.
A. The city manager shall receive such compensation as the city council
shall from time to time determine.
B. In addition, the city manager shall be reimbursed for all acts ShGWiRg
Reeessary- r in expenses incurred by him in the performance of his official duties.
C. On termination of employment of the city manager by reason of
involuntary removal from service other than for willful misconduct in office, the city
manager shall receive cash severance pay in a lump sum equal to two months' pay for
every year of continuous service or fraction thereof, after one year of service as city
manager, up to a total of thFee six months' pay: e-,�uch pay to shall be computed at
the highest salary received by the city manager during his service with the city.
Involuntary removal from service shall include reduction in pay not applicable to all
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employees of the city, unless the city manager voluntarily accepts such reduction in
writing. (Ord. 962 § 1, 2000; Ord. 17 § 6, 1974)"
SECTION 3.
That Section 2.04.110 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"2.04.110 Administrative reorganization of offices.
It shall be the duty and responsibility of the city manager to conduct studies and
effect such administrative reorganization of offices, positions or units under his direction
as may be indicated in the interest of efficient, effective and economical conduct of the
city's business.- � s Iona as such reorganized positions and units are in accordance with
the table_Qf positions approved by c cOunci1. (Ord. 17 § 7.4, 1974)"
SECTION 4.
That Section 2.08.020 of the code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"2.08.020 Power and duties.
The director of finance shall be the head of the finance department of the city
and shall have the power and be required to do the following:
A. Have charge of the administration of the financial affairs of the city under
the direction of the city ante+ -manager or mayor in the absence of the city
administrator;
B. Compile the budget expense and income estimate for the city council;
C. Supervise and be responsible for the maintenance of a general
accounting system for the city government and each of its offices, departments and
agencies;
D. Submit to the city council a monthly statement of all receipts and
disbursements in sufficient detail to show the financial condition of the city; and, as of
the end of each fiscal year, submit a complete financial statement and report. The audit
report of the city shall satisfy the requirement as to financial statement;
E. Perform all the financial and accounting duties heretofore imposed upon
the city clerk and the city clerk shall be relieved of such duties, including all such duties
imposed upon the city clerk by Article 1 of Chapter 4, Part 2, Division 3, Title 4 and by
Sections 40802 through 40805 of the Government Code of the state;
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F. Perform such other duties as may be imposed upon him by law or by
ordinance. (Ord. 9 § 2, 1973)."
SECTION 5.
That Section 2.08.030 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"2.08.030 Director designated.
The city council may by resolution designate the city arlmini tr.+tQf manager as
director of finance of the city. If the position is to be filled by a person other than the city
dFn*ni tr•++ter manager, the city "dFn*Ri6tra+nr manager shall appoint the director of
finance. In the absence of a city manager, the mayor, with the approval of
the city council, may appoint another nonelected official of the city as director of finance.
(Ord. 9 § 3, 1973)."
SECTION 6.
That Section 2.12.010 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"2.12.010 Establishment of the office.
The office of director of community development is
established. It shall be the duty of the director of community
development to enforce the provisions of this code pertaining to the use of land, the
erection, construction, reconstruction, moving, conversion, alteration, or addition to any
building or structure.
(Ord. 99 § 1, 1975: Exhibit A § 25.39-1.05)"
SECTION 7.
That Section 2.16.010 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"2.16.010 Office created.
There is established in the city an audit, investment and finance committee
composed of the finance director/treasurer or assistant finance director, deputy city
treasurer, city manager or his or her designee, assistant city manager fW
FedeyelepmeR or his or her designee, city attorney two members of the city council
appointed by the mayor, and up to a maximum of four citizens from the community
appointed by the mayor, subject to concurrence by the counciIAThe committee will
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make decisions regarding audits, investments and deposits of money deemed by the
finance director to be available as set forth in Chapter 2.08 of this code. (Ord. 1105 § 1,
2005: Ord. 976 § 1, 2001: Ord. 792 § 1, 1995: Ord. 776 § 1, 1995: Ord. 675 § 1, 1992:
Ord. 59 § 2, 1974)"
SECTION 8.
That Section 2.52.505 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"2.52.505 Employee responsibilities and standards of conduct.
The city recruits highly qualified staff, at a competitive compensation level and
requires that employees be responsible and meet high performance standards.
As part of this responsibility and performance standard, employees are expected
to abide by the following standards of conduct at all times and to conduct themselves in
a positive manner in order to promote the best interests of the city. Failure to adhere to
these standards may subject an employee to disciplinary action, including separation
from employment with the city.
A. Appropriate employee conduct:
1. Treat all customers, visitors, and co-workers and managers in a
courteous manner;
2. Refrain from behavior or conduct that is offensive or undesirable, or
which is contrary to the city's best interests;
3. Report to management suspicious, unethical, or inappropriate conduct
by employees, customers, or suppliers;
4. Report to management any threatening or potentially violent behavior by
employees, customers, or suppliers;
5.
candidly;
6.
7.
8.
standards;
Cooperate with city investigations by answering all questions fully and
Comply with all city safety and security regulations;
Wear clothing appropriate for the work being performed;
Perform assigned tasks efficiently and in accord with established quality
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9. Report to work at the proper work station, ready for work, and at the
assigned starting time;
10. Smoke only at times and in places not prohibited by city rules or local
ordinances;
11. Eat meals only during meal periods and only in the designated employee
lounge, unless an accommodation is approved;
12. Maintain cleanliness and order in the workplace and work areas.
B. Prohibited Employee Conduct —Zero Tolerance. Employees who engage
in proven misconduct of the following types shall be subject to severe discipline up to
and including discharge:
1. Zero Tolerance —Violation of the City's Policy Against Violence in the
Workplace. Engaging in or threatening acts of workplace violence, including but not
limited to the possessing firearms or other weapons on city property, fighting or
assaulting a co-worker, guest, or customer, and/or threatening or intimidating a co-
worker, a member of the council, security personnel, customers, or guests;
2. Zero Tolerance —Violation of the City's Policy Against Harassment,
Discrimination and Retaliation. Engaging in any form of harassment, discrimination, or
retaliation;
3. Zero Tolerance —Violation of the City's Policy Against the Use of Drugs
and Alcohol in the Workplace. Reporting to work or testing under the influence of
alcohol, illegal drugs, or narcotics or using, selling, dispensing, or possessing alcohol,
illegal drugs, or narcotics on city premises.
C. Other Prohibited Employee Conduct. Employees who engage in proven
misconduct of the following types may be subject to discipline up to and including
discharge:
1 ,
Willfully or knowingly disclosing any
confidential or privileged information, unless authorized or required by law to do so; or
(b) using any confidential or privileged information to advance the financial or other
private interest of himself or herself or others. Confidential or privileged information is
information that at the time of use or disclosure was not subject to disclosure under the
California Public Records Act.
2. Falsifying or altering any city record or report, including, but not limited to:
an employment application, medical reports, production records, time records, expense
accounts, absentee reports, or shipping and receiving records;
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3. Stealing, destroying, defacing, or misusing city property or another
employee's or customer's property;
4. Misusing city property or systems, including but not limited to: surplus
property, scrap material or equipment, tools, vehicles, electronic mail, computers,
internet access, or telephones;
5. Insubordination or refusing to follow a supervisor's directive or lawful
instruction concerning a job -related matter;
6. Failing to wear assigned safety equipment or failing to abide by safety
rules and policies;
7. Soliciting or distributing products or services not approved by the city
manager;
8. Smoking where prohibited by local ordinance or city rules;
9. Using profane or abusive language;
10 Sleeping on the job without authorization;
11. Gambling on city property;
12. Playing pranks or engaging in horseplay;
13. Wearing improper attire in violation of the city dress code;
14. Making an inappropriate or unapproved personal appearance or statements
on behalf of the city;
15. Working or conspiring against the interests of the city;
16. Failure to report on the job accidents.
The impermissible or prohibited behavior listed above is not intended to be all-
inclusive. At management's discretion, any violation of the city's policies or any conduct
considered inappropriate or unsatisfactory may subject a violating employee to
separation from employment with the city or other appropriate disciplinary action.
Any questions about this policy should be directed to the department of human
resources. (Ord. 1072, 2004)"
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SECTION 9.
That Section 2.60.030 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"2.60.030 Secretary to the public safety commission.
The assistant city manager fGF GOMMYRity SeFViGe& shall be an ex-officio member
of the commission as well as the official secretary to said commission for the
maintenance of all records of their proceedings. In addition, staff members will be the
chief of police, the fire chief, and the risk manager. Other ex-officio members shall be
two members of the city council, at least one of whom is a sitting member of the Cove
Communities services commission. All such ex-officio members of the commission
shall have no vote."
SECTION 10.
That Section 10.12.010 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"10.12.010 City traffic engineer.
The office of city traffic engineer is established. The city traffic engineer
shall be appointed by the city manager and he shall exercise the powers and
duties as provided in this title and in the traffic ordinances of the city. If the city
manaaer does not appoint a city traffic e_naineer, the director of public works, or
his or her desianee. shall discharge the responsibilities of the city traffic engineer
under this Chapter. Whenever the city traffic engineer is required or authorized to
place or maintain official traffic -control devices or signals, he may cause such
devices or signals to be placed or maintained."
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SECTION 10.
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effective
thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Bob Spiegel, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
CITY COUNCM ANION
APPROVED ✓✓ DENTED
RECEIVED_. _ OTHER pled
Vd -j lwnre &T _ l�
MEETING DATE.. 09 7 - 90/ a
AYES: 67xrf
q H arn,k. —j. leirl
NOES:
ABSENT: Me -
ABSTAIN: --
VERIFIED BY: R O
Original on File with Ci Clerk's Office
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