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HomeMy WebLinkAboutORD 1226ORD 1226pT3(ÌìžRORDINANCE NO. 1226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 31.03 AND 33.05 OF THE BALDWIN PARK MUNICIPAL CODE TO PLACE THE PERSONNEL/RISK MANAGER IN THE UNCLASSIFIED SERVICE AND TO CONFORM THE ORDINANCE RELATING TO DEPARTMENT HEAD EMPLOYMENT TO THE CURRENT PRACTICES WHEREAS, the Baldwin Park Municipal Code currently provides that all employees of the City, unless otherwise specified, are included within the Classified Service of the City; and WHEREAS, the City Council desires to make certain future employees filling positions as managers at-will employees not subject to the Classified Service of the City; and WHEREAS, the City is currently in the process of recruiting for persons to fill a vacant manager position and wishes to hire such person as an at-will employee; and WHEREAS, the City Council further desires to conform the provisions of the Municipal Code relating to the hiring and termination of department heads to the actual practices as to such positions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. A new subsection W) is added to Section 31.03 of the Baldwin Park Municipal Code to read as follows: W) The CEO shall plan, direct, supervise, coordinate, and evaluate persons appointed to the Personnel/Risk Manager position in the same manner as is established by this Section for department heads. The CEO may delegate these responsibilities as appropriate for administration of City operations. The positions of department head and manager are those described in paragraph 1) of Division B) of Section 33.05 of this Code. SECTION 2. Section 33.05 of the Baldwin Park Municipal Code is hereby amended to read as follows: 33.05 UNCLASSIFIED SERVICE EMPLOYEES The persons now, or hereafter, holding any of the following positions shall be deemed to be included within the unclassified service of the city. Unclassified service employees shall not be subject to the provisions of this chapter with reference to the city's personnel system; nor shall the unclassified service employees be subject to, or governed by, the provisions of the city's personnel rules and regulations. Appointments to, and dismissals from, positions in the unclassified service shall be governed, exclusively, by the provisions of§§ 33.02 through 33.07. BIB] 38091-U01 ORD-U02 1226-U02 LI2-U03 FO8535-U03 FO38917-U03 DO42903-U03 C5-U03 ORDINANCES-U03 4/14/2004-U04 ROBIN-U04 ORD 1226pT3(ÌìžROrdinance No. 1226 Page 2 A) City Council appointees. Persons holding any of the positions enumerated in this division shall be at-will" employees, appointed by, and serve at the pleasure of, the City Council: 1) Any person employed by the city as an independent contractor for the purpose of performing a specific function or service. 2) The City Manager. 3) The City Attorney. 4) Department heads. 5) Personnel/Risk Manager. B) 1) Department head and manager positions. The following positions constitute the department head and manager positions of the city: a) Department head positions: i) Director of Community Development ii) Director of Finance iii) Director of Housing iv) Director of Public Works v) Director of Recreation and Community Services vi) Chief of Police b) Manager positions: i) Assistant to the Chief Executive Officer ii) Chief Deputy City Clerk iii) Engineering Manager iv) Personnel/Risk Manager v) Redevelopment Project Manager B) 2) The City Manager may appoint qualified persons to a vacant department head or manager position, on a temporary basis, for a period of less than 30 days, without City Council consent; temporary appointments for more than 30 days shall require City Council consent, and such persons shall serve at the pleasure of the City Council. C) City Manager appointees. Persons holding any of the following positions shall be at-will" employees, appointed by. and serve at the pleasure of the City Manager: 1) All part-time employees. 2) All temporary employees, except as set forth in paragraph 2) of Division B) of this Section. BIB] 38091-U01 ORD-U02 1226-U02 LI2-U03 FO8535-U03 FO38917-U03 DO42903-U03 C5-U03 ORDINANCES-U03 4/14/2004-U04 ROBIN-U04 ORD 1226pT3(ÌìžROrdinance No. 1226 Page 3 3) Any position which is funded, in whole or in part, by a state or federal grant. 4) Manager positions other then Personnel/Risk Manager. SECTION 3. The changes effected by this ordinance as to department heads are intended to be declaratory of existing practice as contained in the employment agreements of such persons, and shall not be deemed to affect any term or provision of any such agreement. The changes effected by this ordinance shall have no effect on the employment status or rights of persons employed by the city as managers as of the effective date of this ordinance, but shall be given effect only to persons employed in such positions after the effective date of this ordinance. SECTION 4. The City Council finds that in order to best serve the citizens of the City of Baldwin Park, it is necessary and proper that department heads and managers be responsive and responsible to the City Manager and the City Council as at-will employees serving at the pleasure of the City Council. The City Council further finds that the City is currently recruiting persons to fill a position as manager, and the public health, safety and welfare will be promoted by the retention of such new employee prior to the date an ordinance effecting the changes herein could otherwise become effective. Based upon such finding, the City Council therefore declares this ordinance is an urgency measure adopted by a vote of not less than four 4) of the City Council Members which shall take effect immediately upon adoption. SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall have it published in accordance with the provisions of state law. PASSED AND APPROVED this 3rd day of March,^$l. I^NUeL^SzA^^ MAYOR^ BIB] 38091-U01 ORD-U02 1226-U02 LI2-U03 FO8535-U03 FO38917-U03 DO42903-U03 C5-U03 ORDINANCES-U03 4/14/2004-U04 ROBIN-U04 ORD 1226pT3(ÌìžROrdinance No. 1226 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, KATHLEEN SESSMAN, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon it's first reading at a regular meeting of the City Council on February 18, 2004. That thereafter said Ordinance was duly approved and adopted at a regular meeting of the City Council on March 3, 2004 by the following vote: AYES: COUNCILMEMBERS: Marlen Garcia, David Olivas, Ricardo Pacheco, and Mayor Manuel Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Pro Tern Bill Van Cleave ABSTAIN: COUNCILMEMBERS: None T^^/i JH^A A a i s^ono a^. KATHLEEN^R. SESSMAN DEPUTY CITY CLERK BIB] 38091-U01 ORD-U02 1226-U02 LI2-U03 FO8535-U03 FO38917-U03 DO42903-U03 C5-U03 ORDINANCES-U03 4/14/2004-U04 ROBIN-U04