HomeMy WebLinkAboutOrdinance 2481 N.C.S. 01/06/2014 EFFECTIVE DATE ORDINANCE NO. 2481 N.C.S.
OF ORDINANCE
February 6, 2014
1 Introduced by Seconded by
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4 Chris Albertson Mike Healy
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8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
9 AMENDING SECTION 3.04.030 OF CHAPTER 3.04 OF THE PETALUMA
10 MUNICIPAL CODE GOVERNING THE CITY'S PERSONNEL SYSTEM TO
11 EXEMPT FROM THAT CHAPTER THE POSITIONS OF HUMAN
12 RESOURCES MANAGER AND ASSISTANT CITY ATTORNEY
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15 WHEREAS, the position of Human Resources Manager has operated as an at-will position
16 appointed by the City Manager subject to the compensation plan for Unit 8, Department
17 Directors, since May 17, 2011; and,
18 WHEREAS, classification of the Human Resources Manager position as an at-will position
19 within Unit 8 was desirable and appropriate to maximize the ability of the Human Resources
20 Manager to represent the City in such matters as collective bargaining negotiations, grievances,
21 disciplinary matters, and other personnel-related matters through avoidance of potential
22 conflicts of interest, thus helping reduce the need for contract legal or other services and
23 reducing the City's cost of attending to such matters; and,
24 WHEREAS, given the current status of the position of Human Resources Manager as an at-
25 will position within Unit 8, it is desirable and appropriate to provide that that position is exempt
26 from the requirements of Chapter 3 of the Petaluma Municipal Code, and the City's Personnel
27 Rules, as are the positions of City Manager, City Clerk, City Attorney, and the City Department
28 Directors; and,
29 WHEREAS, by Resolution 2013-060 N.C.S. adopted June 3, 2013, the City Council
30 established an in-house City Attorney's Office for the City of Petaluma and approved a staffing
31 plan, budget, and an at-will agreement for employment of the City Attorney; and,
32 WHEREAS, the at-will agreement for employment of the City Attorney took effect July 1,
33 2013; and,
34 WHEREAS, the staffing plan for the City Attorney's office approved by the City Council
35 provides for two attorneys in addition to the City Attorney, and a legal assistant; and,
36 WHEREAS, the City hired a legal assistant effective July 22, 2013; and,
37 WHEREAS, to complete implementation of the staffing plan for the City Attorney's Office,
38 the City Council has approved by Resolution 2013-158 N.C.S. classification and compensation
Ordinance No. 2481 N.C.S. Page 1
1 plans establishing new classifications and pay ranges and authorizing the position allocation of
2 two Assistant City Attorney positions in the City Attorney's Office; and,
3 WHEREAS, it is desirable and appropriate to establish the Iwo new Assistant City Attorney
4 positions as at-will positions subject to the compensation plan for Unit 8 and exempt from the
5 requirements of Chapter 3 of the Petaluma Municipal Code, and the City's Personnel Rule, as
6 are the positions of City Manager, City Clerk, City Attorney, and the City Department Directors,
7 so as to maximize the ability of the City Attorney's Office to represent the City in such matters as
8 collective bargaining negotiations, grievances, disciplinary matters, and other personnel-related
9 matters through avoidance of potential conflicts of interest, thus avoiding as much as possible
10 the need for contract legal services and reducing the City's legal services costs; and,
11 WHEREAS, the proposed exemption of the Assistant City Attorney positions from the City's
12 personnel chapter and rules was communicated to the bargaining representatives for the
13 Petaluma Professional and Mid Managers Association, Units 4, 9, and 11, on September 19, 2013,
14 and the unit representatives raised no objections or concerns regarding the proposed
15 exemption; and,
16 WHEREAS, Section 27 of the City of Petaluma Charter provides that the City Council is
17 authorized by ordinance to create and discontinue departments, bureaus, offices, deputyships,
18 assistantships, and employments other than those prescribed in the charter, and to prescribe the
19 duties pertaining thereto.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
21 FOLLOWS:
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23 SECTION 1: Section 3.04.030 Amended. Section 3.04.030 of the Petaluma Municipal
24 Code is hereby amended to read as follows:
25 3.04.030 Applicability of chapter
26 The provisions of this chapter shall apply to all offices, positions and employments
27 in the service of the city, except:
28 A. The City Manager;
29 B. All department heads and the principal appointive officials of the city as set
30 forth in Section 25 of the Charter;
31 C. The Human Resources Manager;
32 D. The Assistant City Attorneys;
33 E. Elective officers;
34 F. Members of appointive boards, commissions and committees;
35 G. Persons engaged under contract to supply expert, professional, technical or
36 other services;
37 H. Volunteer personnel;
38 I. Emergency employees who are hired to meet the immediate requirements of
39 an emergency condition, such as extraordinary fire, flood or earthquake
40 which threatens life or property;
41 J. Employees who do not hold a regular position in the service of the city. A
42 "regular" position is defined as a position created by the city council and
43 assigned to any existing classification within the classification plan. A regular
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1 employee is one who holds a regular position and who has successfully
2 completed his or her probationary period, while a probationary employee is
3 one who holds a regular position during a probationary period.
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5 SECTION 2: If any part of this Ordinance is for any reason held to be
6 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
7 decision will not affect the validity of the remaining parts of this Ordinance. The City
8 Council of the City of Petaluma hereby declares that it would have passed and adopted
9 this Ordinance and each of its provisions irrespective of any part being held invalid.
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11 SECTION 3: This Ordinance will become effective thirty days after the date of its
12 adoption by the Petaluma City Council.
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14 SECTION 4: The City Clerk is hereby directed to post and/or publish this
15 Ordinance or a synopsis for the period and in the manner required by the City Charter.
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17 INTRODUCED and ordered posted/published this 2nd day of December 2013.
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19 ADOPTED this 6th day of January, 2014 by the following vote:
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21 Ayes: Albertson, Barrett, Mayor Glass, Healy, Vice Mayor Kearney, Miller
22 Noes: None
23 Abstain: None
24 Absent: Harris
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32 David Glass, Mayor
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36 ATTEST: APPROVED AS TO FORM:
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43 Claire Cooper, CMC, City Clerk Eric W. Danly, City At or}ney
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