HomeMy WebLinkAbout2006-03-07; City Council; 18469; Amendment to Carlsbad Municipal CodeCITY OF CARLSBAD - AGENDA BILL
AB# 18,469
MTG. 3/07/06
DEPT. CLK
AMENDMENT TO THE CARLSBAD MUNICIPAL CODE
REGARDING PERSONNEL AND EMPLOYER-EMPLOYEE
RELATIONS, RULES AND REGULATIONS
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RECOMMENDED ACTION:
Adopt Ordinance No. NS-793 amending Title 2, Chapters 2.08, 2.12, 2.14, 2.44 and 2.48 of
the Carlsbad Municipal Code to reflect the City's current employment practices.
ITEM EXPLANATION:
Ordinance No. NS-793 was introduced and first read at the City Council meeting held on
February 21, 2006. The second reading allows the City Council to adopt the ordinance,
which would then become effective in thirty days. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 18,456 on file with the City Clerk.
EXHIBIT:
1. Ordinance No. NS-793.
DEPARTMENT CONTACT: Sheila Cobian (760)434-2927, scobi@ci.carlsbad.ca.us
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EMPLOYER RULES AND REGULATIONS
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7 The City Council of the City of Carlsbad, California does ordain as
follows:
SECTION 1: That section 2.08.060 of the Carlsbad Municipal Code is
repealed and reenacted to read as follows:
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"2.08.060 Vacation accrual, sick leave accrual, and holiday pay.
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ORDINANCE NO. NS-793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING CHAPTERS 2.08, 2.12,
2.14, 2.44 AND 2.48 OF TITLE 2 OF THE CARLSBAD
MUNICIPAL CODE TO BRING THEM INTO CONFORMANCE
WITH STATE AND FEDERAL LAW, THE VARIOUS
MEMORANDA OF UNDERSTANDING AND THE EMPLOYEE-
A. Regular employees will accrue vacation and sick leave and be
paid for city-recognized holidays in accordance with the Memorandum of
Understanding applicable to them, as it may from time to time be amended by the
parties to it and approved by resolution of the city council.
B. Management employees will accrue vacation and sick leave
and be paid for city-recognized holidays in accordance with the Management
Compensation Plan, as it may from time to time be amended by resolution of the
city council.
C. Hourly and temporary employees will not accrue vacation and
sick leave or be paid for city-recognized holidays."
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SECTION 2: That section 2.12.035(c) of the Carlsbad Municipal
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Code is amended to read as follows:
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"2.12.035(c) Power of appointment and removal.
21 It shall be the duty of the city manager to appoint, discipline, remove,
promote and demote any and all officers and employees of the city, except the city
clerk, city treasurer and city attorney, and as provided in section 2.44.050, subject
to all applicable personnel ordinances, rules and regulations."
SECTION 3: That Chapter 2.12 of the Carlsbad Municipal Code is
amended by the addition of section 2.12.040 to read as follows:25
"2.12.040 Delegation of powers and duties.
Unless otherwise prohibited by state law or a provision of a resolution
or ordinance adopted by the city council, all duties and powers granted to or
imposed upon the city manager may be delegated by the city manager to other
officers, department heads or management employees of the city as the city
manager deems appropriate."
Ordinance NS-793 Page 1 of 7
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SECTION 4: That section 2.14.120 of the Carlsbad Municipal Code
is amended to read as follows:
"2.14.120 Management and control of office.
The city attorney shall have the management and control over his/her
office subject to all applicable personnel ordinances, rules and regulations."
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SECTION 5: That Chapter 2.44 of the Carlsbad Municipal Code is
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amended by replacing the word "shall" wherever it appears in that chapter with the6
7 word "will."
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with the phrase "classified service" except as used in section titles, section
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2.44.100 and section 2.44.130.B.
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SECTION 7: That Chapter 2.44 of the Carlsbad Municipal Code is
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amended by replacing the words "he" or "him" wherever they appears in that14
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SECTION 6: That Chapter 2.44 of the Carlsbad Municipal Code is
amended by replacing the phrase "city service" wherever it appears in that chapter
chapter with the words "he/she" or "him/her."
SECTION 8: That section 2.44.010 of the Carlsbad Municipal Code
is amended to read as follows:
18 "2.44.010 Adoption Of Personnel Merit - System for Classified
Service.
A. In order to establish an equitable and uniform procedure for
dealing with personnel matters; to attract to municipal service the best and most
competent persons available; to assure that appointments and promotions of
employees will be based on merit and fitness as determined by competitive test;
and to provide a reasonable degree of security for qualified employees, the
following personnel merit system is adopted for positions in the classified service."
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SECTION 9: That Section 2.44.020.A.4 of the Carlsbad Municipal
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Code is amended to read as follows:25
26 "4. Prepare or cause to be prepared a plan of compensation, and
any subsequent revisions to it, covering all classifications in the classified service.
27 The plan, and any revisions thereof, will become effective upon approval by the
council;"
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Ordinance NS-793 Page 2 of 7
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2 amended to read as follows:
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"5. Publish or post notices of examinations for positions in the
classified service; receive applications; conduct and score examinations and4
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6 SECTION 11: That section 2.44.027.B of the Carlsbad Municipal
7 Code is amended to read as follows:
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"B. The board, as provided by this chapter and by the
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personnel rules, will hear appeals submitted by any person in the classified9
service relative to any disciplinary action, dismissal, demotion, charge of
discrimination or alleged violation of this chapter and will hear grievances which
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SECTION 10: That section 2.44.020.A.5 of the Carlsbad Municipal Code is
certify to the appointing power a list of all persons eligible for appointment to the
appropriate position in the classified service."
have not been resolved to the employees' satisfaction at the city manager (or
his/her designee) step. The board will certify its findings and recommendations as
provided in the personnel system rules. Recommendations regarding grievances
will be advisory to the city manager. Recommendations regarding appeals will be
advisory to the city council, or, if the city manager has been delegated final
decision-making authority, then to the city manager."
SECTION 12: That Chapter 2.44 of the Carlsbad Municipal Code is
amended by the addition of Section 2.44.035 to read as follows:
"2.44.035 Volunteers and Contractors.
The provisions of this chapter do not apply to and are not intended to confer any
employment rights or benefits on volunteers or persons under contract to supply
expert, professional, technical or other services for the city."
SECTION 13: That section 2.44.050 of the Carlsbad Municipal Code
is amended to read as follows:
22 "2.44.050 Appointments.
23 A. Appointments to vacant positions in the classified service will
be made in accordance with the personnel rules. Appointments and promotions
will be based on merit and fitness to be ascertained so far as practicable by
competitive examinations. Examinations will be used and conducted to aid in the
selection of qualified employees, and will consist of recognized selection
techniques such as achievement aptitude tests and other written tests, personal
interviews, performance tests, physical agility tests, evaluations of daily work
performance, or any combination of these, which will, in the opinion of the
personnel officer, test fairly the qualifications of candidates. Physical and medical
tests may be given as a part of any examination when otherwise permitted by
state and federal law. In any examination the personnel officer may include, in
Ordinance NS-793 Page 3 of 7
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addition to competitive tests, a qualifying test or tests, and set minimum standards
therefor.
B. Appointments of department heads and other employees who
are not part of the classified service will be made by the city manager, except as
otherwise provided in this title .
C. Notwithstanding the above, the city attorney will have
appointing power for vacant positions in the city attorney's office.
D. Department heads may appoint and remove officers and
employees in their respective departments or areas of supervision, upon written
authorization of the city manager
chapter and the personnel rules."
SECTION 14: That section 2.44.060 of the Carlsbad Municipal Code
is amended to read as follows:
10 "2.44.060 Probationary Period.
A. All regular appointments, including promotional appointments,
will be for a probationary period of not less than six months except as otherwise
indicated. During the probationary period, the employee may be rejected at any
time without the right of appeal or hearing. For newly employed uniformed police
and fire personnel, the minimum probationary period will be not less than one full
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vear-B. An employee rejected during the probationary period from a
position to which he/she has been promoted will be reinstated to the position from
which he/she has been promoted, unless he/she is dismissed from the classified
service as provided in this chapter and the rules.
C. An employee in the classified service promoted or transferred
to a position not included in the classified service will be reinstated to the position
from which he/she was promoted or transferred if, within six months after such
promotion or transfer, action is taken to reject or dismiss him/her, unless he/she is
19 discharged in the manner provided in this chapter and the personnel rules for
positions in the classified service."
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SECTION 15: That section 2.44.095.A of the Carlsbad Municipal Code is21
amended to read as follows:
"2.44.095 Right Of Appeal.
A. Any employee in the classified service will have the right to
appeal to the personnel board any disciplinary action or alleged violation of this
chapter or the personnel rules, except in those instances where the right of appeal
is specifically prohibited by this chapter or the personnel rules."
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SECTION 16: That section 2.44.100 of the Carlsbad Municipal Code is
amended to read as follows:
Ordinance NS-793 Page 4 of 7
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the pertinent provisions of state law."
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"2.44.100 Political Activity.
A. Any person holding an office or employed in the city will conform to
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SECTION 17: That section 2.48.010 of the Carlsbad Municipal Code
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is amended to read as follows:
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"2.48.010 Title.6 The ordinance codified in this chapter will be known as the employer-
employee relations ordinance of the city."
SECTION 18: That section 2.44.110 of the Carlsbad Municipal Code
is amended to read as follows:
10 "2.44.110 Political Activities Not Affected.
organization;
1. Becoming or continuing to be a member of a political club or
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2. Attending a political meeting;
3. Enjoying entire freedom from all interference in casting his/her
vote;
4. Seeking signatures to any initiative or referendum petition
directly affecting his/her rates of pay, hours of work, retirement, or other working
A. This chapter does not prevent any officer or employee from:
conditions;
5. Distributing badges, pamphlets, dodgers, or handbills, or other
participation in any campaign in connection with such petition, provided such
activities are not carried on during hours of work or when dressed in the uniform
required in any department of the city government. The violation of this provision
constitutes grounds for discharge."
19 SECTION 19: That section 2.44.120 of the Carlsbad Municipal Code
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is amended to read as follows:21
22 "2.44.120 Discrimination.
A. All employees and applicants for employment in the city will not be
23 subject to discrimination or harassment on any basis protected by state or federal
law."
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SECTION 20: That section 2.48.020 of the Carlsbad Municipal Code
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"2.48.020 Statement of Purpose.
The purpose of this chapter is to implement Chapter 10, Division 4,
Title 1 of the Government Code of the state (Sections 3500, et seq.) captioned
"Public Employee Organizations," by providing orderly procedures for the
Ordinance NS-793 Page 5 of 7
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SECTION 21: That section 2.48.030 of the Carlsbad Municipal Code
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is amended to read as follows:
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"2.48.030 Rules and Regulations.6 A. The city council may adopt such rules and regulations
necessary or convenient to implement the provisions of this chapter and Chapter
10, Division 4, Title 1 of the Government Code of the state."
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SECTION 22: That section 2.48.040 of the Carlsbad Municipal Code
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is amended to read as follows:
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administration of employer-employee relations between the city and its employee
organizations and for resolving disputes regarding wages, hours, and other terms
and conditions of employment."
"2.48.040 Construction.
a. Nothing in this chapter will be construed to deny any person or
employee the rights granted by federal or state laws.
b. The rights, powers and authority of the City Council in all matters,
including the right to maintain any legal action, will not be modified or restricted by
this chapter.
c. The provisions of this chapter are not intended to conflict with the
15 provisions of Chapter 10, Division 4, Title 1 of the Government Code of the state
(Sections 3500, et seq.)."
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SECTION 23: That section 2.48.050 of the Carlsbad Municipal Code
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"2.48.050 Severabilitv.
If any provision of this chapter or the application of such provision to
any person or circumstance is held invalid, the remainder of this chapter or the
application of such provision to persons or circumstances other than those as to
which it is held invalid will not be affected thereby."
22 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
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adoption, and the City Clerk shall certify the adoption of this ordinance and cause
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it to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
Ordinance NS-793 Page 6 of 7
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 21st day of February 2006, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 7th day of March 2006, by the following
vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, and
Sigafoose
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
ATTEST:
rORRAINE M. WOOD, City Clerk
(SEAL)
Ordinance NS-793 Page 7 of 7