HomeMy WebLinkAbout1995ORDINANCE NO. 1995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.40
OF THE PALM SPRINGS MUNICIPAL CODE, RELATING
TO THE PERSONNEL SYSTEM, AND MAKING A
CORRESPONDING AMENDMENT TO SECTION 2.50.020
OF THE PALM SPRINGS MUNICIPAL CODE.
City AHomey's Summary
This Ordinance amends the existing Chapter 2.40 and section
2.50.020 of the City's Municipal Code in order to
accommodate changes that have been made to the City's
personnel processes by way of various memoranda of
understanding.
WHEREAS, pursuant to City Charter section 702, the City Council may, by
ordinance provide for a personnel board, or may provide for the discontinuance or
dissolution of such board entirely in favor an alternative procedure for the review and
recommendation of issues arising under the City's personnel system; and
WHEREAS, the City Council has recently adopted memoranda of understandings
that provide for alternative procedures for the review and recommendation of issues
arising under the City's personnel system, thereby removing the necessity of a personnel
board.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct
and are incorporated herein by this reference as material findings in support of this
Ordinance.
SECTION 2. Dissolution of Personnel Board. The City's Personnel Board is
hereby dissolved. Any reference to the "Personnel Board" contained in the City's
Personnel Rules, any uncodified ordinance, any resolution or any regulation, shall, upon
the effective date of this ordinance, be deemed void and be removed.
SECTION 3. Amendment of Chapter 2.40. Chapter 2.40 of the Palm Springs
Municipal Code is hereby amended in its entirety to read as follows:
"Chapter 2.40 PERSONNEL
2.40.010 Adoption of personnel system —Purposes.
In order to establish a uniform procedure for dealing with personnel
matters, to attract to municipal service the most qualified persons available,
Ordinance No. 1995
Page 2
and to assure that appointments, promotions and other personnel actions
will be based on merit and fitness and other factors related to the job and
city service, the personnel system codified in this chapter is adopted.
2.40.020 Personnel officer.
The city manager shall be the personnel officer.
2.40.030 Delegation of powers and duties.
Except as to those duties imposed upon him by Section
2.08.010(2)(b), the city manager may delegate any of the powers and duties
conferred upon him as personnel officer under this chapter to any other
officer or employee of the city, or may recommend that such powers and
duties be performed under contract.
2.40.040 Duties of personnel officer.
The personnel officer shall:
(1) Administration of Chapter, Rules.
Administer all the provisions of this chapter and of the personnel rules not
specifically reserved to the council;
(2) Appointments, Dismissals, Discipline, Transfers.
Pursuant to duties imposed upon him by Section 2.08.010(2)(b), appoint,
discipline, dismiss and transfer all heads of departments, subordinate
officers and employees, except the city attorney and the city treasurer;
(3) Amendment of Rules.
Prepare and recommend to the council revisions and amendments to the
personnel rules;
(4) Examinations —Notices, Applications —Eligible List.
Publish or post notices of examinations for positions in the competitive
service; receive applications therefor; administer and grade examinations;
certify a list of persons eligible for appointment to an appropriate position in
the competitive service;
(5) Position Classification Plan.
Prepare a position classification plan and subsequent revisions thereto,
which plan and revisions shall become effective upon approval by the
council; and
Ordinance No. 1995
Page 3
(6) Compensation Plan.
Prepare a plan of compensation, and revisions thereof, covering all
classifications in the competitive service, which plan and revisions shall
become effective upon approval by the council.
2.40.050 [Intentionally Left Blank]
2.40.060 [Intentionally Left Blank]
2.40.070 [Intentionally Left Blank]
2.40.080 [Intentionally Left Blank]
2.40.090 Coverage of ordinance.
The positions in the city service which are not covered by this chapter
include, without limitation, those listed below:
(1) Elective Offices.
Elective offices;
(2) Board, Commission, Committee Members.
Positions on appointive boards, commissions and committees;
(3) Persons on Stipend.
Persons paid a stipend in lieu of wages to defray expenses during training;
(4) Persons Employed Under Contract.
Persons employed under contract to supply expert, professional or
technical services;
(5) Volunteers.
Volunteer personnel who receive no regular compensation from the duty
including, without limitation, police and fire reserve;
(6) Enumerated Positions.
City manager, assistant of or to city manager, secretary to city manager,
city attorney and attorneys employed in the city attorney's office,
department heads, city treasurer, city clerk, city engineer, personnel
manager.
2.40.100 Adoption of rules —Scope.
Ordinance No. 1995
Page 4
Personnel rules shall be adopted and from time to time modified by
resolution of the council, establishing, without limitation, specific procedures
and regulations governing the following aspects of the personnel system:
(1) Appointments and Exempt Service.
The system of exempt service and types of appointments;
(2) Classification Plan.
The preparation, installation, revision and administration of a position
classification plan covering all positions in the competitive service;
(3) Pay Plan.
The preparation, installation, revision and administration of a plan of
compensation corresponding to the position classification plan, providing a
rate or range of pay for each class;
(4) Examinations —Announcements —Applications.
The public announcement of examinations and application for and
acceptance of applications for employment and establishing of criteria
related thereto;
(5) Giving of Examinations —Eligible List.
The preparation and administration of examinations and the establishment
and use of resulting employment lists containing names of persons eligible
for appointment;
(6) Certification —Appointments.
The certification and appointment of persons from employment lists, and
the making of temporary, emergency, and provisional appointments;
(7) Hours —Leave —Welfare.
The establishment of hours of work, attendance and leave regulations,
training programs, benefits, conduct guidelines and other conditions of
work;
(8) Evaluation of Employee Performance.
The evaluation of employees during the probationary period and at periodic
intervals;
(9) Change of Status.
Ordinance No. 1995
Page 5
The transfer, promotion, demotion, reinstatement, separation, or any other
change of status of employees in the competitive service;
(10) Disciplinary Actions.
The discipline of employees;
(11) Review of Personnel Decisions.
A system or systems for submission to and review by the city manager, city
council, personnel manager or other designated person or persons, of
designated types of discipline and personnel decisions, for fact-finding,
recommendations, final decision or other designated purposes or effects."
SECTION 4. Section 2.50.020 of the Palm Springs Municipal Code, concerning
the Administrative Appeals Board, is hereby amended in its entirety to read as follows:
"2.50.020 Scope and coverage.
The board shall hear appeals on actions taken by an administrative
officer or administrative agency of the city relating to ministerial enforcement
of the provisions of this code. Such appeals shall include appeals of
nuisance abatement orders, code enforcement orders, enforcement of any
zoning or land use regulation, animal control orders, and similar matters.
The board shall not have authority to hear appeals of any action taken by
the city council or any other board or commission of the city, including but
not limited to the rent review commission, board of building appeals.
Specifically excepted from the board's jurisdiction are planning and zoning
decisions and/or recommendations issued by the planning commission,
including but not limited to, general plan amendments, specific plans,
subdivision approvals, variances, conditional use permits, site plan
approvals, architectural review, or similar land use matters. "
SECTION 5. CEQA. Based upon the whole of the administrative record before it,
the City Council hereby finds that the dissolution of the Personnel Board is exempt from
environmental review under the California Environmental Quality Act ("CEQA") (Pub.
Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs.,
tit. 14, § 15000 et seq.) section 15378(b)(5). Adoption of this Ordinance is an
organizational and administrative activity of the City, does not have the potential to result
in either a direct or reasonably foreseeable indirect physical change in the environment,
and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §
15378(b)(5).) Staff is hereby directed to prepare, execute and file with the Riverside
County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of
this Ordinance.
SECTION 6. Integration of Ordinance. If any provision of this Ordinance or the
application thereof to any person or circumstance is overturned or suspended, this
Ordinance shall be deemed overturned or suspended in its entirety and no portion of this
Ordinance No. 1995
Page 6
Ordinance shall be deemed severable from the overturned or suspended provision.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a summary of the same to be published in the official
newspaper of the City of Palm Springs within fifteen (15) days following its adoption.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 19T" DAY OF JUNE, 2019.
ROBERT MOON, MAYOR
ATTEST:
HONY J.
CITY CLERK
JMtdIA-�
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF PALM SPRINGS)
I, Anthony Mejia, City Clerk, hereby certify that Ordinance No. 1995 is a full, true,
and correct copy, and introduced by the City Council at a regular meeting held on the 5t"
day of June, 2019, and adopted at a regular meeting of the City Council held at the 19tn
day of June, 2019, by the following vote:
AYES:
Councilmembers Holstege,
Mayor Moon
NOES:
None
ABSENT:
None
ABSTAIN:
None
Middleton, Roberts, Mayor Pro Tern Kors, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 3'6 day of -75�� 1--1 , Zo 111
ANTHONY J. EJI M C
CITY CLERK