CC RES 2007-045 RESOLUTION NO. 2007-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ADOPTING AMENDMENTS TO THE MANAGEMENT EMPLOYEE
PERSONNEL RULES.
WHEREAS, Rancho Palos Verdes Municipal Code Section 2.46.050 authorizes
the City Council to adopt personnel rules by resolution of the City Council to establish
regulations governing the personnel system of the City; and
WHEREAS, the City of Rancho Palos Verdes previously adopted Management
Employee Personnel Rules by Resolution No. 2002-06, which has been subsequently
amended by Resolution Nos. 2002-19 and 2005-134.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AS FOLLOWS:
Section 1. RULE II, DEFINITION OF TERMS, of the Management Employee
Personnel Rules, is hereby amended to read as follows:
"Whenever used in these Management Personnel Rules, the
following terms shall have the meanings set forth below:
SECTION 1 — CONTINUOUS EMPLOYMENT/SENIORITY: Total
full-time spent in the employ of the City, including all days of attendance at
work, and approved leaves of absence whether paid or non-paid, but shall
not include unauthorized absences, time spent between employment with
the City, suspensions or layoffs of more than thirty (30) days.
SECTION 2 — CITY: The City of Rancho Palos Verdes.
SECTION 3 — CITY MANAGER: The duly appointed City Manager
of the City of Rancho Palos Verdes or his/her designee.
SECTION 4— COMPETITIVE SERVICE: The competitive
service established by Section 2.46.040 of the Rancho Palos Verdes
Municipal Code.
SECTION 5— DEPARTMENT HEAD: The City Clerk, Building
Official, director of any department, and deputy director of any
department. These cal.ssific8tions are included in this definition
solely for purposes of inclusion in the Management Personnel Rules
in accordance with Rancho Palos Verdes Municipal Code Se tion
2.46.050(L) and for no other purpose. Salary, benefits, and duties of
management employees shall be set forth by separate resolution of
the City Council or as otherwise determined by the City Manager.
SECTION 4 8 — EMPLOYEE: Department Heads, mid the
Assistant City Manager and the Deputy City Manager as defined in
Municipal Code Section 2.46.040 and these Management Employee
Personnel Rules, and compensated through the City payroll, who are
scheduled to work at least forty (40) hours or more per week.
folanage. . The terms "employee", "management employee"and
"manager"may be used interchangeably in these Rules.
SECTION 9— EVALUATION DATE: A date established by the
City Manager, a date adjusted as required for any break in service, or a
date adjusted in accordance with the merit increase schedule outlined in
Rule IV (Regular Compensation/ Performance Evaluation) and annually
thereafter.
SECTION 15— MANAGEMENT EMPLOYEE or MANAGER: The
Deputy City Manager, Assistant Ci y Manager, Department Heads,
and any other position set forth in Table I of these Management
Employee Personnel Rules or as Table I may be amended by the City
Council from time to time subject to these Management Employee
Rules. See "employee".
SECTION 6 20— PERSONNEL OFFICER: The City Manager shall
serve as the Personnel Officer as outlined in Municipal Code Section
2.46.030.
SECTION 24 — RULES: The Management Employee Personnel
Rules.
SECTION 4=2 28—TERMINATION: The cessation of employment
with the City.
SECTION 49 2—W ORK WEEK: A regular schedule of forty (40)
hours in a seven day period, the scheduling of which may vary from time
to time based on the workforce needs of the City as determined by the
City Manager."
Section 2. RULE III, EXCLUSIONS, of the Management Employee Personnel
Rules, is hereby amended to read as follows:
"RULE I I I
S_CDPEQEA P EXCLUSIONS AND AT-WILL
EMPLOYMENT STATUS
SECTION 1 —APPLICATION AND EXCLUSIONS
Resolution No. 2007-45
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(a) The Management Personnel Rules apply to all
management employees as defined in these Rules.
(b) Independent contractors and volunteers are not
employees of the City and are not management employees.
Similarly, employees in the competitive service, probationary
.m, • . * s• - 1- I ._L_I ! • " " - -11 .• • „II '1I ! • " ' -n•_
mergency employees are not management employees. However,
Rule IX(NONDISCRIMINATION POLICY) and Rule X(VIOLENCE IN
THE WORKPLACE) shall apply to independent contractors,
volunteers, employees in the competitive service, probationary
employees, part-time employees, temporary employees, and
emergency employees, and to applicants for management positions.
SECTION 2--A T-WIL L EMPLOYMENT STATUS:
(a) Management employees are at-will employees who serve
at the pleasure of the City Manager, and may be disciplined or
terminated at any time without prior notice or cause, and without any
right of appeal.
(b) The imposition of discipline, the issuance of a
performance evaluation or rating, or the implementation of any
employment action against or with regard to any management
employee (including but expressly not limited to, the granting of a
promotion_or demotion to another management position, the
assignment or granting of any compensation rate, a reduction in pay,
or any merit advancement, and/or the imposition or completion of
any probationary period) shall not modify or remove the at-will status
of any management employee."
Section 3. RULE VIII, TERMINATION PROCEDURES, of the Management
Employee Personnel Rules, is hereby amended to read as follows:
"RULE VIII
DISCIPLINE AND TERMINATION PROCEDURES
SECTION 1 -- DISCIPLINE AND TERMINATION:
(a) In accordance with the at-will status of management
employees, management employees may be disciplined or
Resolution No. 2007-45
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terminated at any time without prior notice or cause, and without
any right of apeal.
(b) From time to time, the City Manager may determine that
imposition of discipline against a management employee may be
appropriate. Discipline may be based on any cause as determined
by the City Manager. The imposition of any form of discipline by the
City Manager shall not modify or remove the at-will status of any
management employee. The provisions of Rule XII, DISCIPLINE
PROCEDURES of the Com•etitive Service Em•lo ee Personnel
Rules, shall not apply to any management employee.
(c) The decision of the City Manager to discipline or
terminate a management employee shall be final.
SECTION 42— RESIGNATION:
(a) In order to resign in good standing, an employee shall inform
the City Manager, in writing, of the effective date of the resignation at
lease ten (10) working days in advance. This time may be waived, in
writing, by the City Manager. Failure to give notice as required by this
Rule shall be cause for the City to deny future employment.
(b) An employee who is absent from work voluntarily or
involuntarily for more than nine (9) hours without written authorization and
who does not present a written explanation acceptable to the City
Manager as to the cause of the employee's absence, shall be considered
as having voluntarily resigned from the City employment as of the last day
worked.
SECTION 21—- RETIREMENT: The City shall pay the full
employee's contribution to the California Public Employees Retirement
System (CaIPERS).
SECTION 4— LAYOFFS: In the event a determination is made
to layoff any managemen employee, layoff shall be determined by
the City Manager in his/her discretion."
Section 4. Table I is hereby added to the Management Employee Personnel
Rules as follows:
"TABLE 1
MANAGEMENT EMPL.YEES
Assistant City Manager
Resolution No. 2007-45
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Deputy City Manager
Building Official
City Clerk
Deputy Director of Finance and Information Technology
Deputy Director of Public Works
Deputy Planning Director
Director of Administrative Services
Director of Finance and Information Technology
Director of Planning, Building and Code Enforcement
Director of Public Works
Director of Recreation and Parks
Any other position designated as "management"in any job
description duly adopted by the City Council from time to time."
Section 5. Declaration of existing law. The provisions of this resolution are
declarative of, and does not alter or amend, the existing law of the City of Rancho Palos
Verdes.
Section 6. Severability., The City Council declares that, should any provision,
section, paragraph, sentence, or word of this resolution be rendered or declared invalid
by any final action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences and words of this
resolution shall remain in full force and effect.
PASSED, APPROVED AND ADOPTED this 1st day ay 2007.
Mayor
Attest:
_de i i
I i /ri(
City Clerk
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2007-45 was duly and regularly passed and adopted by the said
City Council at regular meeting thereof held on May 1, 2007.
op,644ibLea,c,_
City Clerk
Resolution No. 2007-45
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