CC RES 2007-044 RESOLUTION NO. 2007-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADOPTING AMENDMENTS TO THE COMPETITIVE
SERVICE EMPLOYEE PERSONNEL RULES.
WHEREAS, Rancho Palos Verdes Municipal Code Section 2.46.040
establishes the competitive service of the City of Rancho Palos Verdes; and
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
Competitive Service Employee Personnel Rules by Resolution No. 2002-05,
which have been subsequently amended by Resolution Nos. 2002-18, 2005-30
and 2005-133.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES AS FOLLOWS:
Section 1. RULE I, DEFINITION OF TERMS, of the Competitive
Service Employee Personnel Rules, is hereby amended to read as follows:
"SECTION 1 — CONTINUOUS EMPLOYMENT/SENIORITY:
Total full-time spend 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 — CLASSIFICATION: A position or positions
assigned to the same job title.
SECTION 5— COMPETITIVE SERVICE: The competitive
service established by Section 2.46.040 of the Rancho Palos
Verdes Municipal Code.
SECTION 6 — DAY: Unless otherwise indicated, day
means calendar day.
SECTION 7— EMPLOYEE: A competitive service
employee as defined in Municipal Code Section 246T040 2.46.040
and compensated through the City payroll who is either: 1) regularly
scheduled to work forty (40) or more hours per week; or, 2)who
shares an existing full-time position with another employee so that
the combination of hours that each employee works totals forty (40)
or more hours per week, and who has successfully completed the
probationary period as hereinafter provided in these Rules.
Employee also does not include eleatian elective officials
members of appointive boards, commissions, and committees,
City Council-appointed City officers, independent contractors,
part-time employees, of temporary employees, emergency
employees, management employees, or volunteers."
SECTION 71—— EVALUATION DATE: The date in which an
employee is scheduled to receive his/her performance review.
(a) The date on which a probationary employee has
completed not less than six (6) months of service within a job
classification,
(b) The date on which a regular employee has completed
one (1) year of service within a job classification and annually
thereafter.
(c) The evaluation date shall be adjusted as required for any
break in service, or adjusted in accordance with the merit increase
schedule outlined in Rule V.
SECTION 8 9— EXEMPT EMPLOYEE: An employee whose
duties and salary exempt him/her from the overtime pay provisions
of the federal Fair Labor Standards Act.
SECTION 10 -- MANAGEMENT EMPLOYEE or
MANAGER: The Assistant City Manager. Deputy City Manager
and Department Heads as defined in Section 2.46.050 of the
Municipal Code and the Management Employee Personnel
Rules.
SECTION — NONEXEMPT EMPLOYEE: An employee
who is subject to the overtime pay and compensatory time off
provisions of the federal Fair Labor Standards Act.
SECTION 40 12— PERSONNEL OFFICER: The City
Manager shall serve as the Personnel Officer as outlined in
Municipal Code Section 2.46.030.
Resolution No. 2007-44
Page 2 of 5
SECTION 44 13— PROBATIONARY EMPLOYEE: An
employee who is employed with the City during his/her initial-hire,
transfer or promotional probationary period, or extension thereof.
(a) An initial-hire probationary employee is an employee who
(1) is serving a probationary period, and (2) has not previously
been employed by the City, or (3) has previously been employed by
the City but who is re-employed after a break in service.
(b) A transfer probationary employee is a City employee who
has been transferred to an equivalent job classification in different
department and who is serving a probationary period.
(c) A promotional probationary employee is a City employee
who has been promoted to a higher job classification requiring
different skills and who is serving a probationary period.
SECTION 4=2 14 - PROBATIONARY PERIOD: A period of
time not less than six (6) months as defined in Municipal Code
Section 2.46.070, which is an integral part of the examination,
recruiting, testing and selection process of employment. During the
probationary period, an employee is required to demonstrate
his/her fitness for the position to which he/she is tentatively
appointed, including promotional or transfer appointments, by
actual performance of the duties of the position.
SECTION 15-- RULES: The Competitive Service
Employee Personnel Rules.
SECTION 4=3 16—TERMINATION: The cessation of
employment with the City for non-disciplinary reasons such as, but
not limited to, layoff, resignation, or failure to successfully complete
the initial-hire probationary period.
SECTION 44 IL—WORK DAY: Any day, Monday through
Friday, except holidays, when City Hall administrative offices are
open for business.
SECTION 44 18—WORK 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 II, EXCLUSIONS, of the Competitive Service
Employee Personnel Rules, is hereby amended to read as follows:
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Resolution No. 2007-44
Page 3 of 5
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RULE II
APPLICATION AND EXCLUSIONS
(a) The Competitive Service Employee Personnel
Rules apply to all empl•yees in the competitiv- ervice as
defined in Municipal Code Section 246.040.
(b) Independent contractors and volunteers are not
employees of the City and are not included in the competitive
service. Similarly, part-time employees, temporary employees,
emergency employees and management employees are not
included in the competitive service. Notwithstanding their
exclusion from the competitive service, the following rules
shall apply as indicated:
(i) Rule XIII(NONDISCRIMINATION POLICY).
and Rule XIV(VIOLENCE IN THE WORKPLACE), shall apply to
independent contractors, volunteers, probationary employees,
part-time employees, temporary employees, emergency
employees and management employees, and to job applicants.
(ii) Rule VII, Section 8 (PREGNANCY
DISABILITY LEAVE), and Rule VII, Section 11 (FAMILY AND
MEDICAL LEAVE) shall apply to probationary employees, part-
time employees, temporary employees, and emergency
employees, to the extent such employees otherwise meet the
eligibility requirements for pregnancy disability leave and/or
family and medical leave."
Section 3. Declaration of existing law. The provisions of this resolution
Resolution No. 2007-44
Page 4 of 5
are declarative of, and do not alter or amend, the existing ordinances, rules and
regulations of the City of Rancho Palos Verdes.
Section 4. 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 •
oilay, 2007 c.)
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Mayor
Attest:
04' f " / / Ce_k_
CIA
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2007-44 was duly and regularly passed and
adopted by the said City Council at regular meeting thereof held on May 1, 2007.
t
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City Clerk
Resolution No. 2007-44
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