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HUMAN RESOURCES DE
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STAFF REPORT
REQUEST: APPROVAL OF AMENDMENTS TO THE PALM MUNICIPAL
CODE, CHAPTER 2.52, PERTAINING TO THE PERSONNEL
SYSTEM, RELATED TO HOLIDAYS, RECRUITMENT NOTICES
AND APPLICATION REQUIREMENTS.
SUBMITTED BY: Lori Carney, Human Resources Manager
DATE: September 26, 2013
CONTENTS: Ordinance No. 1260
Exhibit A— Proposed Municipal Code Amendment
Recommendation:
Waive further reading and pass Ordinance No. 126o to second reading,
approving amendments to the Palm Desert Municipal Code (PDMC) Chapter
2.52 Personnel System, Sections 2.52.305 Definition of Employment Types,
2.52.700 Holidays, and 2.52.205 Recruitment Notices and Application
Requirements.
Executive Summarv:
The City's Personnel System is contained in Chapter 2.52 of the municipal code
and last underwent a comprehensive review and revision of the personnel rules
in 2004, nearly ten years ago. Three sections have been identified as needing
revision in order to address inconsistencies and bring them in line with current
business practices, specifically Sections 2.52.305, Definition of Employment ,
Types, 2.52.700 Holidays and 2.52.205 Recruitment Notices and Application
Requirements. Nonsubstantial housekeeping revisions are being made to
Section 2.52.210 Examinations and 2.52.215 Selection Requirements. As
additional sections are reviewed and revised they shall be brought before the
Council for review and adoption.
Backctround:
Staff is recommending revision to the municipal code related to Holidays and
holiday pay and to the process of advertising vacancies and recruiting staff.
Attached are "redline" versions of the impacted sections of the Municipal Code
Ordinance No. 1260
Staff Report
Amend Chapter 2.52 Personnel System, Sections 2.52.205, 2.52.305 & 2.52.700
September 26, 2013
Page 2 of 3
showing the recommended changes. This staff report contains background on
the reason for the revisions and describes the changes.
Holidays and Holiday Pav
Earlier this year staff identified inconsistencies in the Municipal Code with respect
to the payment of holiday pay for probationary employees. The enclosed code
revisions address this inconsistency, making it clear that probationary employees
receive holiday pay in the same form and manner as regular employees.
Approval of the recommended changes will make payroll administration easier
and the related salary costs are low because very few employees are on
probationary status in any given year.
In April 2012 the City hired its first part-time employees in the Visitor Center.
During the course of the year the application of holiday time and holiday pay
have been challenging because the Visitor Center is open six days per week,
including some holidays on which City Hall is closed. The enclosed code
revisions clarify when and how part-time employees shall be compensated for
recognized holidays.
Staff is also taking this opportunity to clarify the language regarding the '/2 day
holidays recognized for Christmas Eve and New Year's Eve, including as they
relate to part-time employees.
Recruitment Notices and Application Requirements
The last ten years have seen significant changes in employee recruitment,
advertising and application procedures. The decline of newspapers and the
substantial increases in internet usage have dramatically changed the way
people look for jobs and the way that employers reach the most qualified
applicants. In addition, most potential employees expect to complete and submit
their applications electronically. Finally, the Council recently authorized the
purchase of the Employee On-Line Applicant Tracking addition to One Solution,
which will allow individuals to apply for positions through the City's website.
The City's current recruitment rules specify that all positions be advertised in a
newspaper of general circulation and this is not the most efficient or cost effective
way to attract highly qualified applicants. Traditional print classified advertising is
reaching a smaller and smaller market and is priced well above on-line sources.
With adoption of the attached revisions the City will continue to advertise
vacancies open to the public on its own website, through professional
Page 2 of 3
Ordinance No. 1260
Staff Report
Amend Chapter 2.52 Personnel System, Sections 2.52.205, 2.52.305 & 2.52.700
September 26, 2013
Page 3 of 3
organizations, flyers in our lobby and other publications. Some promotional
opportunities, as determined by the City Manager, may be best filled through
existing staff and in such cases opportunities will be posted on the City's Intranet.
PDEO Review
The attached redline code revisions were provided to the Palm Desert Employee
Organization (PDEO) Board President for review and comment in August, with a
proposed adoption date of September 12, 2013. No comments were received,
therefore staff is bringing the revisions forward at this time.
Fiscal Analvsis:
The fiscal impact of these changes is minor. There should be savings in
recruitment advertising, the extent of which is dependent on the number of
vacancies recruited for. There may be a small increase in salary costs for
holiday pay received by probationary employees but again this is dependent on
the number of new employees at any given time of year, but the impact is
anticipated to be low.
Submitted by:
Lori Carney, Human Resources Manager
ApprovaL•
,
Paul S. Gibson, Director of Finance
J M. Wohlmuth, City Manager
Page 3 of 3
ORDINANCE NO.
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.
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
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
GTY OF PALM DESERT, CALIFORNIA
2
ORDINANCE NO. 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 desiqned to assess the
lob-related aualifications of each aqplicant 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 throuah an open or qromotional recruitment.
When an open recruitment is conducted, notices shall be posted and/or distributed in a
manner that is likelv to provide for a aualified 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 qosition(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 desicinee. The Human Resources Department, in
conjunction with the Department Head and City Manaaer, mav 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 timelv manner
of current and anticipated allocated position vacancies. The Citv ManaQer must
authorize the filling of vacancies. The Human Resources Department, toctether 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 modifv recruitment efforts, as circumstances indicate. A recruitment need not
reflect an immediate vacancv. It mav be conducted to establish an eliaible list for future
vacancies.
B. Job Announcement
The Human Resources Department shall publicize all recruitmenYs and examinations
for reqular Cit rLpositions b�postinq the job announcements on the City's website for the
duration of the filinq period. The recruitment shall be given other publicitv 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 efficiencv and effectiveness as a priority. The announcement
must be made publiclv available, whether electronicallv, bulletin board postinq or other
means.
3
ORDINANCE NO. EXHIBIT "A"
,
�
� 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 a�plyinq, the type of
exam(s) that will be administered, and other pertinent information. In addition to the
aeneral emplovment standards in the class specifications, the Human Resources
Department with concurrence of the Department Head, may establish additional
repuirements which shall be included in the job announcements and which must be met
bv 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 reauire information covering training,
experience, and other pertinent information, and mav include certificates of skill level.
references and finaerqrintina, if appropriate. Apqlications will be accepted electronicallv
or on qrescribed forms, the method and format of which mav at anv time or from time to
time be set forth bv the city council throuqh resolution.
Disaualifications: The Human Resources Deqartment mav reject anv apqlication which
indicates on its face that the apqlicant does not possess the minimum qualifications
required for the position or is not able to provide qroof of their abilitv to work in the
United States, except when this ability is not reauired bv state or federal law. Applicants
shall be rejected if the applicant is phvsically or mentallv 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 anv false statement of anv
material fact or practiced fraud or deception in makinq the emplovment aqplication;
directly or indirectiv obtained information regarding examinations: failed to submit the
emplovment 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 drivina is iob related; and for anv material cause which in the iudament of the
Personnel Officer or his/her desiclnee would render the applicant unfit for the position,
includina a prior resiqnation from the City, dismissal from the Citv, or a siqnificant
disciplinaN action.
4
ORDINANCE NO. EXHIBIT "A"
��kqrgunC�h�cks will be con.,�i�e n il li n �r�c�f_the apq�i��
file. Aqplications shall be reiected. or emqlovment terminated. if alreadv hired. if the
��plicant has made anv false statement or omission of anv material fact. or aiven wrona
¢r mislea�iirt�.inf�rm i n.
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, aqe, qender, gender identity, ��g�, ^�^�'�r,
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 inerit, 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)
5
ORDINANCE NO. EXHIBIT "A"
� Offers of employment �-ma�r 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 , vacation, leaves of
absence credits, and CaIPERS service credit, proportional to their assigned work
( hours. Thev are eliqible for Holidav pav in accordance with Municipal Code
Section 2.52.700— Holidays.
I . .
. 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.
7
ORDINANCE NO. EXHIBIT "A"
2.52.700 Holidays
Ail regular and probationary full-time employees of the City shall receive eight (8)
hours leave for each desianated full-dav holiday, and four (4)
hours leave for each half dav holidav as described in this section. When a full-time non-
exempt emplovee is reauired to work on a holiday, the emplovee's schedule/hours may
be adjusted so as to allow the employee to take holidav leave at another time. Holidav
leave must be taken in the same workweek it is earned. If the emplovee is unable to
take holidav leave in the week it was earned, the emqlovee shall receive compensation
equivalent to the emqloyee's reaular rate of pav, plus an equal number of hours of
holidav pav, for the hours worked.
All regular and probationary part-time �e�se�-emplovees�m^'^„e,� ^^ � "�'f_+;^�o
����-,�onro h��4 looc. +h.,., f„u_+.w,o shall receive four (4) hours holiday� leave, �
e�-for each full day holiday and two �2�, hours holidav leave for each half day holiday.
When a part-time non-exempt employee is required to work on a holidav, the
employee's schedule/hours mav be adiusted so as to allow the employee to take
holidav leave at another time. Holidav leave must be taken in the same workweek it is
earned. If the employee is unable to take holidav leave in the week it was earned, the
emqlovee shall receive compensation eauivalent to the emplovee's regular rate of pav,
plus an equal number of hours of holidav pav, for the hours worked.
Employees on ar�certain types of leaves of absence a�m�not be eligible for holiday
pay, as described in the sections related to each tvpe of leave.
� A. Designated Holidays are: .
January 1 st, 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('/2) day for Christmas Eve*
December 25th, Christmas Day
One-half day(%z)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 �-half-day#holiday�-that falls on Monday. Tuesdav, Wednesdav, or
Thursday. full-time emqlovees shall be aranted four (4) hours of holidav leave
and part-time employees shall be aranted two (2) hours of holidav leave. sF�e�
�4�ono fi�i� �n��c� f�ll r�n � . . �
8
ORDINANCE NO. EXHIBIT "A°
,
Any full-time, non-exempt employee NOT working a complete four (4) hours will
reflect the difference from accrued leave balances on their
timecard (i.e. if the employee is on vacation1 the timecard would show four 4�
hours vacation and four 4� hours holiday). When these finro days fall on a �►er�-
Sf�y�we�l�aa} dav Citv Hall is scheduled to be closed (i.e., Saturdav, Sundav, or
observed holidav), employees are e4i�+�l�mav be ctranted #e� one additional #�
�floating holiday in accordance with the Citv policies and practices currently
applicable to floating holidays.
Part-time non-exempt emplovees will be credited with two (2) hours holidav pav
for each half-day holiday that occurs on Monday, Tuesday, Wednesday or
Thursday. When assigned to City facilities which remain open, part-time
employees' holiday leave will be scheduled with due reqard to the needs of the
emplovee and particular rectard to the needs of the Citv.
�
B. Floating Holiday
� 1. Re�ular Full-Time Emplovees
I Regular full-time employees shall earn and be granted one eight-hour floating
holiday, each calendar vear, 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 ��-}-eiqht-hour day, except during those
years where an additional floating holiday is granted because the Christmas and
New Year holidays fall on Saturday, Sundav or Monday. Durina these vears the
maximum accrual is 16 hours. Floatinq holidays must be used in the calendar
vear in which thev are pranted. Employees whose balance equals the maximum
accrual on December 31St will have their balance "rolled-over" to the followinq
year and will not be aranted an additional floatina holidav for the followinct vear.
,
. There will be no retroactive grant of floating holiday
compensation for the period of time the accrued holidays were at the cap.
Example: Floatina holidav not used in vear 2013, no additional floatinq holidav
qranted in 2014 and 2014 balance beqins at eiqht hours.
2. Regular Part-Time Emplovees
Reqular part-time emplovees shall earn and be qranted one four-hour floatinq
holiday each calendar vear, which can be taken anv time during the vear with
advance approval from their department manaaer or director. Floating holidays
can accrue up to a maximum of one four-hour dav, except durinq those vears
where an additional floatinq holidav is aranted because the Christmas and New
Year holidays fall on Saturdav, Sundav or Mondav, during which the maximum
accrual is eiqht hours. Floating Holidav's must be used in the calendar vear in
which they are qranted. Employees whose balance equals the maximum accrual
9
ORDINANCE NO. EXHIBIT "A"
on December 31St will have their balance "rolled-over" to the followinq vear and
will not be aranted an additional floatinq holiday for the following vear. There will
be no retroactive qrant of floating holidav 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 employees cannot use floating holidays until a�-a#t� they have
�ese�e attained regular employee� status. For example, employee's hired after
July 1, will not have be approved floatinq holiday leave until after January 1 of the
followingyear.
C. Summary Table — Holidays bv emplovee tvpe:
The followinq table summarizes Holidav benefits bv employee tvpe:
Full Dav Half-Dav Floatina Floatin�c.
Emplovee Tvpe: Holidays Holidays Holidays (1 Dav Holidays (2 Dav
Years Years
Probationary Yes Yes No until No until
Re ular Re ular
� Regular Full-Time 8 hours 4 hours 8 hours 16 hours
� Reaular Part-Time 4 hours 2 hours 4 hours 8 hours
10