HomeMy WebLinkAboutORD 1226ORD 1226 pT3 (Ìì ž R ORDINANCE 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.
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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.
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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^
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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
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