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HomeMy WebLinkAboutOrd 1260 - Rcruitmnt-Applctn-Emplymnt-HolidaysORDINANCE NO. 1260 circulated within the City of Palm Desert and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held this 26th day of September, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN HARNIK, MAYOR CITY COUNCIL Aomori ATTEST: APPROVEP RF.C'FtVED MI- Ic fO() E AY AYES.: NOES: AMP' RACHELLE D. KLASSEN, CITY CLERK ABSENT: /V)i_ CITY OF PALM DESERT, CALIFORNIA ABSTAIN: VERIFIED BY: ///)1\ Original on File with Cilerk's Office DENTED OTHER/La' 2 ORDINANCE NO. EXHIBIT "A" on December 318 will have their balance "rolled -over" to the following year and will not be aranted an additional floating holiday for the following year. There will be no retroactive Grant of floating holiday compensation for the period of time the accrued holidays were at the cap. 3_Probationary Employees Probationary employees may accrue floating holiday(s) as stated above, however. _ probationary period and aro appointed to become regular employees. Rprobationary employees cannot use floating holidays until and -after they have beseme attained regular employees status. For example, employee's hired after July 1, will not have be approved floating holiday leave until after January 1 of the following year. C. Summary Table — Holidays by employee type: The following table summarizes Holiday benefits by employee type: Full Dav Half -Day Floating Floating Employee Type: Holidays Holidays Holidays (1 Dav Holidays (2 Dav Years) Years) Probationary Yes Yes No (until No (until Regular) Regular) Regular Full -Time 8 hours 4 hours 8 hours 16 hours II Regular Part -Time 4 hours 2 hours 4 hours 8 hours 10 MEETING DATE ' - C/,3 ?ITMED TO PASSED TO 2ND READING / - / D- aU/� ORDINANCE 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 ORDINANCE NO. 1260 EXHIBIT "A" 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 iob-related qualifications of each applicant and ensure that these activities are consistent with merit system principles. The Human Resources Department, in coniunction 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. 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 coniunction 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 vacancv. The Human Resources Department may postpone. cancel, extend or otherwise modify recruitment efforts, as circumstances indicate. A recruitment need not reflect an immediate vacancv. 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 iob announcements on the Citv'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 aualified 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. 3 ORDINANCE NO. EXHIBIT "A" Recruitment notices may 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 applvinq, 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 iob 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 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 reiect 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 reauired by state or federal law. Applicants shall be reiected if the applicant is physically or mentally unable to perform the essential functions of the iob. 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 iob related: and for any material cause which in the iudament of the Personnel Officer or his/her desianee would render the applicant unfit for the position. including a prior resignation from the City, dismissal from the City. or a sianificant disciplinary action. 4 ORDINANCE NO. EXHIBIT "A" Background checks will be conducted on all applicants and made part of the applicant's file. Applications shall he rejected. or employment terminated. if already hired. if the applicant has made any false statement Pi omissipn of any material fart, Ar 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, color, national origin, sexual orientation, age, gender gender identity, age, gender, 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 t easonable accommodation. In accordance with Municipal Code Section 2.04.100, it shall be the duty of the city manager to qnd he shall 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) 5 ORDINANCE NO. EXHIBIT "A" Offers of employment will -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 2.52.205], will receive preferential consideration as required by law. 6 ORDINANCE NO. 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 for -paid holidays vacation, leaves of absence credits, and CaIPERS service credit, proportional to their assigned work hours. They are eligible for Holiday pay in accordance with Municipal Code Section 2.52.700 — Holidays. oligi 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 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 Tess 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. 7 ORDINANCE NO. EXHIBIT "A" 2.52.700 Holidays All regular and probationary full-time employees of the City shall receive eight (8) hours or four (4) hours pay leave for each designated full-dav holiday, and four (4) hours leave for each half dav holiday as described in this section. When a full-time non- exempt employee is reauired to work on a holiday. the employee's schedule/hours may be adiusted so as to allow the employee to take holiday leave at another time. Holiday leave must be taken in the same workweek it is earned. If the employee is unable to take holiday leave in the week it was earned. the employee shall receive compensation eauivalent to the employee's reaular rate of pay. plus an eaual number of hours of holiday Day. for the hours worked. All regular and probationary part-timesonel-employeescmploycd on a half time basis or more, but Ic:c than full time, shall receive four (4) hours holiday -pay leave, but only -for each full day holiday and two (2) hours holiday leave for each half dav holiday. When a part-time non-exempt employee is reauired to work on a holiday. the employee's schedule/hours may be adiusted so as to allow the employee to take holiday leave at another time. Holiday leave must be taken in the same workweek it is earned. If the employee is unable to take holiday leave in the week it was earned. the employee shall receive compensation eauivalent to the employee's reaular rate of pay. Plus an equal number of hours of holiday pay. for the hours worked. Employees on any certain types of leaves of absence are may not be eligible for holiday pay as described in the sections related to each type of leave. A. Designated Holidays rye: : January 1st, New Year's Day The third Monday in January, Martin Luther King, Jr. Day The third Monday in February, President's Day The last Monday in May, Memorial Day July 4th, Independence Day The first Monday in September, Labor Day November 11 th, Veteran's Day The fourth Thursday in November, Thanksgiving Day The Friday after Thanksgiving Day One-half (1/2) day for Christmas Eve* December 25th, Christmas Day One-half day (1/2) for New Year's Eve* Any day declared to be a holiday by proclamation of the Mayor may also be observed. Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday. * For each 44-half-day Hrolidays.-that falls on Monday. Tuesday. Wednesday. or Thursday. full-time employees shall be aranted four (4) hours of holiday leave and part-time employees shall be aranted two (2) hours of holiday leave. should a . All 8 ORDINANCE NO. EXHIBIT "A" Any full-time non-exempt employee NOT working a complete four (4) hours will need to shci.v reflect the difference from accrued leave balances on their timecard (i.e. if the employee is on vacation the timecard would show four (4) hours vacation and fo. 4... hours holiday). When these two days fall on a inen- City-workday day City Hall is scheduled to be closed (i.e., Saturday, Sunday. or observed holiday), employees are oligiblc may be granted fea one additional kill day floating holiday in accordance with the ray policies and practices currently applicable to floating holiday. Part-time non-exempt employees will be credited with two (2) hours holidav pay for each half -day holidav that occurs on Monday. Tuesday. Wednesday or Thursday. When assigned to City facilities which remain open. Dart -time employees' holidav leave will be scheduled with due regard to the needs of the employee and particular regard to the needs of the City. B. Floating Holiday 1. Regular Full -Time, Employees Regular full-time employees shall earn and be granted one eight -hour floating holiday, each calendar near which can be taken any time during the year with advance approval from their department manager or director. Floating holidays can accrue up to a maximum of one -1-)-eight-hour day, except during those years where an additional floating holiday is granted because the Christmas and New Year holidays fall on Saturday. Sunday or Monday. During these years the maximum accrual is 16 hours. Floating holidays must be used in the calendar year in which they are granted. Employees whose balance eauals the maximum accrual on December 31 1- will have their balance "rolled -over" to the following year and will not be aranted an additional floating holidav for the following year. of tho days is used. There will be no retroactive grant of floating holiday compensation for the period of time the accrued holidays were at the cap. Example: Floating holidav not used in year 2013. no additional floating holidav granted in 2014 and 2014 balance begins at eight hours. 2. Regular Part -Time Employees Regular Dart -time employees shall earn and be granted one four-hour floating holidav each calendar year. which can be taken any time durina the near with advance approval from their department manager or director. Floating holidays can accrue UP to a maximum of one four-hour day, except during those years where an additional floating holidav is granted because the Christmas and New Year holidays fall on Saturday. Sunday or Monday. during which the maximum accrual is eight hours. Floating Holidav's must be used in the calendar year in which they are aranted. Employees whose balance equals the maximum accrual 9