HomeMy WebLinkAboutD-1 Staff Report - Ordinance Amending MC Temp AppointmentsSCHEDULED ITEM
D-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES
DATE: MAY 2, 2022
SUBJECT: FIRST READING – ORDINANCE REVISING CHAPTER 2, ARTICLE III –
TEMPORARY APPOINTMENTS
BACKGROUND:
Azusa Municipal Code (Chapter 2, Article III, Division 7), which provides general rules and
regulations for Civil Service, requires revisions to be current with applicable laws and improve
operational efficiencies. This action approves for introduction and first reading an ordinance
revising Temporary Appointments.
RECOMMENDATIONS:
Staff recommends that the City Council take the following action:
1)Waive further readying, read be title only, and introduce Ordinance No. 2022-02.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA AMENDING CHAPTER 2, ARTICLE III, SECTION 2-194
OF THE AZUSA MUNICIPAL CODE RELATING TO
TEMPORARY APPOINTMENTS.
ANALYSIS:
Azusa Municipal Code Chapter 2, Article III, Section 2-194 Temporary Appointments states that
no person shall be employed by the City under temporary appointment for a total of more than 90
working days in any fiscal year. In order to align with current government codes and to better
APPROVED
CITY COUNCIL
5/2/2022
Ordinance Revising Temporary Appointments
May 2, 2022
Page 2
meet business needs, the 90 working days should be revised to 960 hours per fiscal year (which
provides a clearer definition). Upon approval by the City Council, any additional Municipal Code
sections that refer to the 90 working day limitation as it pertains to temporary appointments shall
also be revised to 960 hours per fiscal year.
The related Civil Service Rules regarding acting pay and provisional appointments being changed
from 90 working days to 960 hours per fiscal year was conditionally approved by the City Council
on December 13, 2021, pending any remaining meet and confer obligations. Human Resources
has satisfied the meet and confer obligations with all bargaining groups discussing the proposed
changes to rules and the impact.
This action completes all required amendments to implement the recommended rules.
FISCAL IMPACT:
There is no budget impact associated with the recommendation.
Prepared by: Reviewed by:
Shivali Mohan Talika M. Johnson
Human Resources Manager Director of Administrative Services
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) Ordinance No. 2022-02 Amending Municipal Code Regarding Temporary Appointments
09845.00500\9753855.5
ORDINANCE NO. 2022-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA AMENDING CHAPTER 2, ARTICLE III, SECTION 2-194 OF
THE AZUSA MUNICIPAL CODE RELATING TO TEMPORARY
APPOINTMENTS.
WHEREAS, Azusa Municipal Code Chapter 2, Article III, Section 2-194 Temporary Appointments
states that no person shall be employed by the City under temporary appointment for a total of
more than 90 working days in any fiscal year; and
WHEREAS, in order to align with current government codes, the 90 working days should be revised
to 960 working hours per fiscal year, on December 13, 2021 the City Council adopted Resolution
2021-C58 amending sections 4.2.9. Acting Pay and 5.7.6. Provisional Appointments of the Azusa
Civil Service Rules; and
WHEREAS, it is necessary for the City to amend Article III, Chapter 2, Section 2-194 of the Azusa
Municipal Code to be consistent with the revised Civil Service Rules.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2, Article III, Section 2-194 of the Azusa Municipal Code is
hereby deleted in its entirety and restated to read as follows:
Sec. 2-194. Temporary Appointments.
(a)In the absence of appropriate employment lists, a temporary appointment may be made
by the appointing power of a person meeting the minimum qualifications for the position;
provided, however, that an employment list shall be established for such position within90 days.
No person shall be employed by the city under temporary appointment for a total of more than 960
working hours in any fiscal year. For an emergency, the appointing power may appoint such
persons as are required to meet the situation, but such appointment shall not exceed 15 working
days.
(b) No credit shall be allowed in the giving of any examination or the establishment of any
employment or promotional lists for service rendered under temporary appointment, and time
worked under temporary appointment shall not count toward completion of a probationary period.
(c) During the period of suspension of any employee or pending final action on
proceedings to review the suspension, demotion or dismissal of any employee, the vacancy created
may be filled by the appointing power only by temporary appointment.
SECTION 2. Any additional Azusa Municipal Code sections that refer to the 90 working
day limitation as it pertains to Acting Pay, Provisional Appointments, and/or Temporary
Appointments shall also be revised to 960 hours per fiscal year to align with Government Code
§20480.
Attachment 1
Page 2 of 3
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance or the
application thereof to any entity, person or circumstances is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect any other provisions or
applications, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. The City Council of the
City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional, invalid, or unenforceable.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days
following its adoption.
SECTION 5. Publication. The City Clerk shall certify the adoption of this Ordinance. Not
later than fifteen (15) days following the passage of the Ordinance, the Ordinance, or a summary
thereof, along with the names of the City Council members voting for or against the Ordinance, shall
be published in a newspaper of general circulation in the City of Azusa.
PASSED, APPROVED and ADOPTED this _________ day of ____________, 2022.
_______________________________
Robert Gonzales, Mayor
ATTEST:
___________________________________
Jeffrey Lawrence Cornejo, Jr., City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2022-02, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the ____ day of
_____, 2022 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of
the Azusa City Council on the _____ day of _____, 2022 by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr., City Clerk
Page 3 of 3
APPROVED AS TO FORM:
________________________________
Best Best & Krieger LLP, City Attorney