HomeMy WebLinkAboutCity Council Resolution 12-064 Adopting Personnel Rules and Policies RESOLUTION NO. 12-064
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA,
STATE OF CALIFORNIA,ADOPTING THE CITY OF SARATOGA
UPDATED PERSONNEL RULES AND POLICIES
WHEREAS, the City of Saratoga is authorized and directed under the provisions
of Section 2-40.050 (Adoption of Personnel Rules) of the Saratoga Municipal Code to
adopt Personnel Rules and Policies (hereinafter referred to as the Personnel Rules) for the
administration of the personnel system created in Chapter 2-40 of the Saratoga Municipal
Code; and
WHEREAS, the City of Saratoga is authorized to amend previously established
Personnel Rules pursuant to Section 2-40.050 of the Saratoga Municipal Code; and
WHEREAS, the objectives of these Personnel Rules are to comply with complex
federal and state laws and regulations, ensure consistent treatment of employees, avoid
misunderstandings that could potentially lead to lawsuits, orient new employees and
serve as an ongoing employment resource, educate employees responsible for leading,
supervising, managing, and/or directing the work of others and serve as an ongoing
management resource, serve as an internal control so employees cannot take free license
to make creative or unauthorized decisions, and establish legal protections; and
WHEREAS, these Personnel Rules set forth procedures which insure similar
treatment for those who compete for original employment and promotion, and define any
of the obligations, rights, privileges and prohibitions which are placed upon all
employees in the competitive service of the City of Saratoga; and
WHEREAS, the Human Resources Manager, on behalf of the City, has
satisfactorily met and consulted with the City's bargaining units, and if required by law,
agreed and finalized Articles for review and adoption by the City Council; and
WHEREAS,the City proposed, and the City's bargaining units agreed,to remove
the Arbitration and Grievance Policy and Procedure from the Personnel Rules because
this is addressed in the bargaining unit's duly executed Memorandum of Understanding
("MOU") as needed. The City's bargaining units also agreed to add Article 23. Anti-
Bully Policy; and
WHEREAS, many policies in the Personnel Rules are not modified by the terms
and conditions of employees whose classifications are included in a bargaining unit's
MOU or Employment Agreement or Policy adopted by the City Council by Resolution.
However, if a provision of these Personnel Rules actually conflicts with any provision of
an applicable MOU, resolution, law, City ordinance, Employment Agreement or Policy,
or state or federal law, the MOU, resolution, law, City ordinance, Employment
Agreement or Policy, or state or federal law will prevail over the information contained
in the Personnel Rules; and
WHEREAS, at the same time, within the limits of administrative feasibility,
considerable latitude shall be given the City Manager in the interpretation of these Rules
and Policies pursuant to Saratoga Municipal Code Section 2-20.050 (Powers and Duties
of the city Manager); and
WHEREAS, these Personnel Rules supersede/replace previous Personnel Rules
and resolutions; and
NOW,THEREFORE BE IT RESOLVED,that the City Council of the City of
Saratoga hereby approves and adopts the City of Saratoga Personnel Rules and Policies
dated December 5, 2012.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on December 5, 2012 by the following vote:
AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice
Mayor Emily Lo, Mayor Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
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Jill Hunter, Mayor
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C al Bothelio, ity Clerk