HomeMy WebLinkAboutOrdinance 316 City Manager and Personnel Code Changes ORDINANCE NO. 316
AN ORDINANCE AMENDING ARTICLES 2-20 (CITY MANAGER)AND 2-40
(PERSONNEL SYSTEM) OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend certain sections of the City Code in order to
remedy internal ambiguities, clarify existing requirements, codify staff interpretations,
omit redundant terms and provisions, and amend grammatical and other errors.
2. This ordinance amends Article 2-20 concerning the office of City Manager and Article 2-
40 concerning the Personnel System.
4. The City Council of the City of Saratoga held a duly noticed public hearing on June 4,
2013, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby amends the City Code as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth in E�ibit 1. Text to be added is indicated in bold
double-underlined font(e.g., bold double-underlinedl and text to be deleted is indicated in
strikeout font(e.g.,�). Text in standard font is readopted by this ordinance. Text in italics
(e.g., italics) is descriptive only and is not part of the amendments to the City Code.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section
15061(b)(3). CEQA applies only to projects which have the potential of causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA. In this circumstance, Staff is recommending amendments to the existing City Code
and related sections and additions of provisions and reference appendices to the existing Code;
the amendments and additions would have no impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 4th day of June, 2014, and was
adopted by the following vote on June 18, 2014:
COUNCIL MEMBERS:
AYES: Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny
Cappello, Chuck Page, Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
�
SIGNED: '
.
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
,
-� �'�/tA'(it `� DATE: ���-3��i �-Q
Crys Bothelio �
CITY CLERK
APPROVED AS TO FORM:
-� �-- � 2 � � � '
DATE: �
Richard Taylor `
CITY ATTORNEY
�
EXHIBIT 1 —AMENDMENTS TO ARTICLE 2-20
AND ARTICLE 2-40 OF THE SARATOGA CITY CODE
Article 2-20
CITY MANAGER
Sections:
2-20.010 Office created; appointment.
2-20.020 Compensation; emplovment benefits.
2-20.030 Manaaer to appoint Citv Clerk.
2-20.035 Manaqer to serve as Citv Treasurer.
2-20.040 Absence or disabilitv; actina Citv Manaqer.
2-20.050 Powers and duties of the Citv Manaaer.
2-20.060 Council-ManaQer relations; departmental cooperation.
2-20.070 Attendance at meetinqs of commissions, boards and committees.
2-20.080 Removal procedure.
2-20.090 Emplovment aqreement.
2-20.010 Office created; appointment.
The office of the City Manager is hereby created and established pursuant to Subsection 34851(a) of
the Government Code. The City Manager shall be appointed by the City Council, and #is � selection
shall be made wholly on the basis of #a+s the candidate's administrative and executive ability and 'L�-
related qualifications. Subject to Section 2-20.080, the City Manager shall hold office for and during the
pleasure of the City Council.
2-20.020 Compensation; employment benefits.
The City Manager shall receive such compensation, expense reimbursement, vacation, sick leave
and fringe benefits as established from time to time by the City Council.
2-20.030 Manager to appoint City Clerk.
The City Manager shall appoint City Clerk, whose duty it shall be to perform the statutory functions of
the office of City Clerk. The City Clerk may, with the consent of the City Manager, designate deputies to
perform the statutory functions of the City Clerk in the absence of the City Clerk.
(Amencled by Ord_ 79-175 § 1 1998J
2-20.035 Manager to serve as City Treasurer.
The City Manager shall serve as City Treasurer and shall be responsible for supervising all of the
activities of the Finance Director, implementation of the City's investment policy as adopted from time to
time by the City Council, and such other duties and responsibilities as required by law to be performed by
the City Treasurer.
E�ibit 1 —Amendments to Articles 2-20 and 2-40 Page 1
, 2-20.040 Absence or disability; acting City Manager.
rlio�hilitv nf#hc!'`ifii 11A�n�ner In �hc cvcnf 4horo i� nn Accic��+n+(`ifii I�A�+n�+nor Fho�City Manager shall
designate a qualified City employee to exercise the powers and perForm the duties of City Manager during
J�+s�t�i[temporary absence or disability of the Citv Manaaer. In the event the City Manager's temnorarv
absence or disability extends over a two-month period, the City Council may, after the two-month period,
appoint an acting City Manager. In the event of the Citv Mananer's resianation or inabilitv to annoint
an actinq Gitv Manaa�r the Citv Council mav do so at anv tim� after notic� of s�ch c�nrlitinnc
nrovided. however.that in the event of a resinnation the actina Gitv Manaaer shall not acs�me the
nowers and d�ties of the Gitv Manaa�r�ntil 5:00 n.m. on the effective date of the resianation.
2-20.050 Powers and duties of the City Manager.
The City Manager shall be the administrative head of the government of the City under the direction
and control of the City Council, except as otherwise provided in this Article. The City Manager shall be
responsible for the efficient administration of all the affairs of the City which are under the City Manager's
control. In addition to general powers as administrative head, and not as a limitation thereon, the City
Manager shall have the following powers and duties:
(a) Law enforcement. It shall be the duty of the City Manager to enforce all laws, Code provisions
and ordinances of the City, and the City Manager shall have the powers of a peace officer. The
City Manager shall also see that all franchises, contracts, permits and privileges granted by the
City Council are faithfully observed and the conditions, if any, thereof performed.
(b) Authority over employees. The City Manager shall have the duty and authority to control,
order and give directions to all heads of departments and to subordinate officers and employees
of the City under the City Manager's jurisdiction #hrni�nh +hcir rlon�hmen} tio,a� The Citv
aaer shall have the dutv and authoritv to control. order and aive directions to the
nersonnel dir�ctor on all matt�rs of emnlover-emnlovee relations. incl�dina nrievances
and meetina and conferrina with unions and associations.
(c) Power of appointment and removal. The City Manager shall have the duty to, and shall
appoint, employ, remove, promote and demote any and all officers and employees of the City,
subject to all applicable provisions of State law and the personnel ordinance as set forth in
Article 2-40 of this Chapter, together with such personnel rules as may be adopted by resolution
of the City Council.
(d) 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 the City Manager's direction as may be indicated in the interest of efficient, effective
and economical conduct of the City's business.
(e) Ordinances. It shall be the duty of the City Manager to recommend to the City Council for
adoption such measures and ordinances as the City Manager deems necessary.
(fl Attendance at Council meetings. It shall be the duty of the City Manager to attend all
meetings of the City Council unless k►e the Ci Mana�er is excused therefrom by the Mayor
individually, or the City Council.
(g) Financial reports. It shall be the duty of the City Manager to keep the City Council at all times
fully advised as to the financial condition and needs of the City.
(h) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual
budget and the proposed annual salary plan to the City Council for its approval.
(i) Expenditure control and contracting. No expenditure shall be submitted to or recommended
to the City Council except on approval of the City Manager oc �ii�s the Citv Manaaer's duly
authorized representative. The City Manager shall be responsible for the purchase of all
E�ibit 1 —Amendments to Articles 2-20 and 2-40 Page 2
supplies and services for all the departments and divisions of the City in accordance with the
City purchasing policy and may accept on behalf of the City grants in any amount and execute
agreements with other public agencies provided that such grants and agreements do not
obligate expenditures by the City in excess of twenty-five thousand dollars.
Q) Investigations and complaints. It shall be the duty of the City Manager to make investigations
into the affairs of the City and any department or division thereof, and to investigate any
contract or the proper performance of any obligations of the City. Further, it shall be the duty of
the City Manager to investigate all complaints in relation to matters concerning the
administration of the City government and in regard to the service maintained by public utilities
in the City, and to see that all franchises and permits granted by the City are faithfully performed
and that the provisions and requirements thereof are observed. The Citv Manaaer mav
deleaate th�s� d�ties b�t remains resnonsible for overseeins� the nerformance of these
d�ties. If a comnlaint. concern. or investi�ation involves an alleaation a�ainst the Gitv
anaaer. th� Citv Manaaer will not b� in charnp nf addrPccina cur_h r_nnr_prnc_ anrl +ha
S�y Council will determin� the individ �al +n arlrlrpcc c��r_h a r_nnrprn whi_r_h mav inrludp
anauditor. counsel. or other consultant.
(k) Public buildings. It shall be the duty of the City Manager to exercise general supervision over
all public buildings, public parks and all other public property w#isl�that are under the control
and jurisdiction of the City Council.
(I) Additional duties. It shall be the duty of the City Manager to perForm such other duties and
exercise such other powers as may be delegated to#+�the Citv Manaaer from time to time by
ordinance or resolution or other official action of the City Council.
(Amended by.� Ord. 71-175§ 2, 1998; Ord. 234§ 2 (part), 2005; Ord. No. 294, § 1.C.3., 9-5-2012)
2-20.060 Council-Manager relations; departmental cooperation.
(a) The City Council and its members shall deal with the administrative services of the City only through
the City Manager, except for the purpose of inquiry, and neither the City Council nor any member
thereof shall give orders or instructions to any subordinates of the City Manager.
(b) It shall be the duty of all subordinate officers, department heads, and the City Attorney to assist the
City Manager in administering the affairs of the City efficiently, economically and harmoniously.
2-20.070 Attendance at meetings of commissions, boards and committees.
The City Manager may attend any and all meetings of ##s Plannin ,
� , Commissions, boards or
committees created under the provisions of this Code or by the City Council,
�. At such meetings which the City Manager attends, I�e the Citv
� shall be heard as to all matters �-w�isq-be
wishes �9 a��ress���eT���,���#, k►�shall ' nrovide information
ina the status of any matter being considered by the City Council, and k�shall cooperate to the
fullest extent with the members of all Commissions, boards or committees .
The Ci Manaaer mav deleaate to others to attend such meetinas
2-20.080 Removal procedure.
The removal of the City Manager shall be effected only by a majority vote of the whole City Council
as then constituted, convened in a regular or snecial Council meeting at which a auorum of the Citv
Council is nresent; subject, however, to the provisions of this Section. In case of I�intended removal
by the City Council, the City Manager shall be furnished with a written notice stating ��s�t
intention }^��€ him, a; IEae�t +hir±��-�a�s before the date the Citv Council meets to consider the
E�ibit 1 —Amendments to Articles 2-20 and 2-40 Page 3
o�o^+:.,o ,�.,+o ^f#�s removal. , sil sh�.11 r^.,��'� �^ ,.,��+;^^
. ,
rc�
rcmo�c .hc ►„w�e�;�;�;�co;, ;,oti;f;�a�;o;;, ap;�Ta�;;vere�, reqaes� a hearinQ �efere #�i�o;t�
� •
fbrni€,hin^ 4ho ('i+v 11A�n�ncr��iifh��iri��on nn}ino nf in4onr7cr)
, ; �En €,tiall �e-�r�il
c��—������Eo^ o� oop^o6;. In remevin t�Si � Mana Er, #-�Si����-=�rts;l €,hall b�€�s
�oTo,00. 5 � 9
s fir�,l an� sh411 n
. , Ih� City
Manager shall not be removed from office for any reason except misconduct in office, during or
within a period of ninety days following any general municipal election in the City at which a
member of the City Council is elected. After the expiration of such ninety-day period, the �
Manaaer mav be removed for anv or no reason beca�se the Gitv Mana�er serves at the
�leas�re of th� Citv Council as an at-will emnlnvpp_ ��gf �his �., '
romn�i�l nf 4ho (�ifii �A�n�nor c�h�+ll �+q�� a.�+l`i.-
7 rr�
2-20.090 Employment agreement.
Nothing in this Article shall be construed as a limitation on the power or authority of the City Council
to enter into any employment agreement with the City Manager delineating additional terms and
conditions of employment not inconsistent with any of the provisions of this Article.
E�ibit 1 -Amendments to Articles 2-20 and 2-40 Page 4
Article 2-40
PERSONNEL SYSTEM
Sections:
2-40.010 Purpose of Article.
2-40.020 Definitions.
2-40.030 Administration.
2-40.040 Application of Article.
2-40.050 Adoption of personnel rules.
2-40.060 Appointments.
2-40.070 Probationarv period.
2-40.080 Status of present emqlovees.
2-40.090 Demotion, dismissal, reduction in pav, suspension, reqrimand.
2-40.100 Riaht of appeal.
2-40.110 Lav-off.
2-40.120 Political activitv.
2-40.130 Contracts for special services.
2-40.010 Purpose of Article.
This Article is adopted to establish an equitable and uniform system for dealing with
personnel matters, and to comply with applicable laws relating to the administration of the
personnel process.
2-40.020 Definitions.
For the purposes of this A#�sl�Chanter, the following words and phrases shall have the
meanings respectively ascribed to them by this Section, unless the context or the provision
clearly requires otherwise:
(a) Appointing authority means the officers or officials of the City who, individually or
collectively, have the final authority to make the appointment to the position to be filled.
(b) Class means all positions sufficiently similar in duties, authority, and responsibility, to
permit grouping under a common title in the application of common standards of
selection, transfer, salary and discipline.
(c) Competitive service means all positions of employment in the service of the City, except
those excluded under Section 2-40.040 of this Article.
(d) Demotion means the movement of an employee from one class to another class having
a lower maximum base rate of pay.
(e) Lay-off means the separation of employees from the active work force due to lack of
work or funds, or to the abolition of positions by the City Council for the above reasons
or due to organization changes.
(fl Personnel director means the emnlovee with nrimarv resnonsibilitv for human
resources functions.
E�ibit 1 —Amendments to Articles 2-20 and 2-40 Page 5
(#�) Position means a group of duties and responsibilities in the competitive service
requiring the full-time or part-time employment of one person.
(�h) Probationary period means a period to be considered an integral part of the
examination, recruiting, testing and selection process during which an employee is
required to demonstrate fitness for the position to which the employee is appointed by
actual performance of the duties of the position.
(#i) Promotion means the movement of an employee from one class to another class
� having a higher maximum base rate of pay.
(+�) Regular employee means an employee in the competitive service who has successfully
completed the probationary period and has been retained as a permanent employee.
(}k) Reinstatement means the restoration without examination of a former regular
employee.
({Ei) Suspension means the temporary separation from service of an employee without pay
for disciplinary purposes.
(}m) Transfer means a change of an employee from one position to another position in the
same class or in a comparable class.
2-40.030 Administration.
The City Manager shall administer the City personnel system and may delegate any of the
powers and duties to a personnel director or may delegate to a deuartment director the
authoritv to sian offer I�tters of _mnlnvman+ fn 1'Pmnnrarv nnn_hanpfi±tarl nm�nlOVeoc in
coordination with the nersonnel director
r may recommend that some or all such powers and
duties be performed under contract as provided in Section 2-40.130 of this Article. The City
Manager shall:
(a) Act as the appointing authority for the City.
(b) Administer all the provisions of this Article and of the personnel rules not specifically
reserved to the City Council.
(c) Prepare and recommend to the City Council personnel rules and revisions and
amendments to such rules.
(d) Prepare or cause to be prepared a position classification plan, including class
specifications, and revisions of the plan.
(e) Have the authority to discipline employees in accordance with this Article and the
personnel rules of the City.
(fi� Provide for the announcement and recruiting for positions in the competitive service; the
receiving of applications therefor; the conducting of tests; the certification of persons
eligible for appointment to the appropriate position in the competitive service; and
performing any other duty that may be required to administer the personnel system.
2-40.040 Application of Article.
This Article shall apply to all offices, positions and employments in the service of the City,
excent t!�:at nothin� in this Article reaardina discinlinarv ri�hts and discinlinarv nrocesses
���y to thos� who serv� in an at will canacitv at the ulea �r of the Gitv Coun il or bv
contract. Nothina in this Article or the Saratoqa Gitv Cod� qives th� riaht +� r_nn+inuad
emnlovment to those who serve at-will. or at the nleas�re of the Citv Council or bv
contract.=
E�ibit 1 —Amendments to Articles 2-20 and 2-40 Page 6
(a�€�est+v�-e#�iser-�
, , .
��'�AI� m�se�ea�e ^�^„ees.
, .
sea�ise�
�,�-V�el���eer����e�
, , ,
���Y-
�i) �m�le�ees, e�her �haa +h^�-�:med el�ewnek.,�^ +„-"�,;�oes+.,,., ,.,h„ ,�o .,,,+ �o,.,,��
�� ��
�n omnlnvcc hircr! fn`r Qn in�e#inifc tcrm in4n � hiirine}cr! nnci+inn wF�n ic rcniil�rlv
e
Ahinlc�nrl}hc ncrcnnnol ri�loo
��GOttY�n rrima�� Ei�G �'{+o^r fcrJcr�l omnln�imcn�nrnnrom
/�� €m�lnvocc nnf innl�vJcrl in #hc nmm�c4ifivc ccniino i inrlcr �hic Ccn#inn ccniinn �++ fhc
2-40.050 Adoption of personnel rules.
Personnel rules shall be adopted by resolution of the City Council and used in the
administration and internretation of the Saratoaa Citv Code. The rules may establish
regulations governing the personnel system, including, but not limited to, the following:
(a) Preparation, installation, revision, and maintenance of a position classification plan
covering all positions in the competitive service, including employment standards and
qualifications for each class.
(b) Appropriate announcement of the selection process and acceptance of applications for
employment.
(c) Preparation and conduct of tests in the recruitment process.
(d) Certification and appointment of persons for employment.
(e) Establishment of probationary��-periods.
(fl Evaluation of employees during the probationary�s�a�period and thereafter.
(g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay-off of
employees in the competitive service.
(h) Separation of employees from the City service.
(i) The establishment and maintenance of adequate personnel records for purposes of
accounting and legal requirements.
(j) The establishment of any necessary appeal procedures.
E�ibit 1 —Amendments to Articles 2-20 and 2-40 Page 7
2-40.060 Appointments.
Appointments to vacant positions in the competitive service shall be made in accordance
with the personnel rules. Appointments and promotions shall be based on merit and fitness to be
ascertained so far as practicable by competitive examination. Examinations may be used and
conducted to aid the selection of qualified employees and shall consist of selection techniques
which will test fairly the qualifications of candidates such as achievement and aptitude tests,
written tests, personal interview, performance tests, physical agility tests, evaluation of daily work
performance, work samples or any combinations of these or other tests. The probationary period
shall be considered an extension of the examination process. Physical, medical and
psychological tests may be given as a part of any examination. In any examination, the City
Manager or#as-designee may include, in addition to competitive tests, a qualifying test or tests,
and set minimum standards therefor.
2-40.070 Probationary period.
Prior to the comnletion of the n�w hire nrobation neriod 112 month 1 manaaem n
shall decide whether er not t� rpcnmmpnrl r_nn+inuprl pmnlnvman+ If +ha rlacicinn ic +n
discontin�e emnlovment. th� inc�mb�nt cha11 hp seuarated if a d ici�n ic marla o
r_nnt111L� emolovment a Personn�l Action Form hall be nrenar d bv the Human
Reso�rces Division for the hirinn section's a�thorization chanain� the inc�mbent from
nrobationarv stat�s to rea�lar stat�s Durinc� the nrobationarv n_rinrl_ thp pmn�nvpp mav
be reiected and emnlovment terminated at anv time �vitho�t he riaht of anneal hearina or
anv nrievance nrocedure. �
s£s �han �ne7ear.—�,�
�hon �he �nnnintinn ��hhnrifii ohnll filc �.iifh +he ncrcnnncl Il'renF .. `�mon4 in ��iri+inn ��
�.h.r,....��� ��_ a� .��..�.. ��� ���
�t?twnen� is ne� filed—�k��empleree will ���eeme�--t^ ho ��n �++' f�+n+nn� -+nrl hic nr hor
mm�lo�mcnt w�ii I]C�C�rmin�4or1 �+ +►,o cvPnir�4inn ef �he�re�a�ienar}-�erie� Where a
IIIIIIqCriQ QC CIIG G)G IIGCICII
�'
2-40.080 Status of present employees.
Any person holding a position included in the competitive service who, on the effective date
of this Article, shall have served continuously in such position, or in some other position in the
competitive service, for a period equal to the probationary period prescribed in the rules for his or
her class, shall assume regular status in the competitive service in the position held on such
effective date without qualifying test, and shall thereafter be subject in all respects to the
provisions of this Article and the personnel rules. Any other persons holding positions in the
competitive service shall be regarded as probationers who are serving out the balance of their
probationary periods as prescribed in the rules before obtaining regular status. The probationary
period shall be computed from the date of appointment or employment.
E�ibit 1 —Amendments to Articles 2-20 and 2-40 Page 8
2-40.090 Demotion, dismissal, reduction in pay, suspension, reprimand.
The City Manager or any appointing �ewe� authoritv shall have the authority to demote,
discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in accordance
with procedures included in the personnel rules.
2-40.100 Right of appeal.
(a) Any employee in the competitive service shall have the right to appeal a demotion, reduction
in pay, suspension, or discharge for disciplinary or medical reasons, except in those
instances where the right of appeal is specifically prohibited by this Article or the personnel
rules.
(b) All appeals shall be processed in accordance with the requirements and procedures as set
forth in the personnel rules adopted pursuant to this Article.
E�ibit 1 —Amendments to Articles 2-20 and 2-40 Page 9