HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 5/2/2000 * PLEASE NOTE: Since the Glendale City Council does not take formal action at
the Workshops, Workshop minutes are not approved by the City Council.
MINUTES
CITY OF GLENDALE
CITY COUNCIL WORKSHOP
May 2, 2000
1:30 p.m.
PRESENT: Mayor Scruggs and Councilmembers Goulet, Lieberman, Martinez,
and Samaniego.
ABSENT: Vice Mayor Eggleston and Councilmember McAllister
ALSO PRESENT: Martin Vanacour, City Manager; Ed Beasley, Assistant City
Manager; Peter Van Haren, City Attorney; and Pamela Oliveira,
City Clerk.
1. PROPOSED AMENDMENTS TO THE CITY CODE: MERIT SYSTEM AND
EMPLOYEE BENEFITS
CITY STAFF PRESENTING THIS ITEM: Mr. Ed Beasley, Assistant City Manager; Mr.
Rick Flaaen, Deputy City Attorney; and Ms. La Verne Parker-Diggs, Human Resources
Director.
At the October 5, 1999 City Council Workshop, staff presented proposed amendments
to the City Code on the merit system and employee benefits. At that Workshop, the
City Council provided staff with the following directions:
1. To clearly describe the City Council's role and the fact that the City Council
delegates to the City Manager the authority to adopt and issue merit system
procedures and directives.
2. To include that the City Manager shall advise and seek direction from the City
Council on any important changes to the procedures and directives prior to
implementation.
3. To revise and clarify the "responsive management team" language in Section
2-68 on unclassified service and to exclude from unclassified service the
Assistant City Manager and Deputy City Managers.
At this Workshop, staff was available to answer any questions that the City Council had
regarding the proposed revised amendments to the City Code on the merit system and
employee benefits. Since the last major revision of these merit system and employee
benefits regulations in 1988, labor laws have changed because of case law and new
federal and state legislation affecting labor practices. In order to ensure that the City is
in full compliance with these new laws, in 1997 the City Manager directed the Human
Resources Director to update the Code of the City of Glendale as it pertains to Human
Resources Policies and Procedures.
1
As part of this process, the City Manager appointed employees to serve on the Human
Resources Policies and Procedures Review Committee, with the purpose of assisting
the Human Resources Director in the project.
What follows are the key changes that were recommended to the City Code in order to
bring the City of Glendale into full compliance with changes in labor since 1988:
1. A proposed amendment, Section 2-68 defines City Council appointed officers
as the unclassified service and all full and part-time positions authorized by
the City Council that are not placed in the unclassified service, as the
classified service.
2. A proposed amendment deletes Code Section 2-72 (b), which is the
procedure for the issuance of subpoenas for witnesses to appear before the
Personnel Board. This section has become a part of the City Manager
procedures.
3. A proposed amendment, Section 2-73 adopts City Council merit system
regulations and provides for the City Council to issue policy directions to the
City Manager regarding the merit system for city employees. In accordance
with the City Charter, the City Council policy direction shall not include
direction regarding, or involvement in, the daily operation of personnel
management or discipline of employees.
4. A proposed amendment, Section 2-74 gives the City Manager authority to
adopt and issue procedures and directives implementing the merit system
regulations and the City Council's policy directions. The City Manager shall
advise the City Council of any substantive changes to the procedures and
directives prior to implementation. Substantive changes are those changes
that affect the basic or essential provisions of the procedures and directives.
Upon City Council adoption of the policy changes, the City Manager will direct the
Human Resources Director to initiate an educational program on all relevant City
Codes, City Council merit system regulations and the City Manager procedures and
directives to ensure the City is in compliance with all new federal, state and case laws
pertaining to the City's personnel system.
There have been several draft review sessions involving the Leadership Team, the City
Attorney, the Human Resources Policies and Procedures Review Committee, and the
Human Resources Department staff.
A public hearing was held on October 1, 1998, whereat the Human Resources Director
and the City Attorney discussed the proposed amendment with the City of Glendale
Personnel Board. The Personnel Board accepted the proposed amendments as
presented.
Funds are allocated in the budget for the printing, distribution, and Internet accessibility
of the Code of the City of Glendale relating to the merit system and employee benefits.
The recommendation was to review this item and provide staff with direction.
2
Councilmember Goulet asked why the procedure for subpoenaing witnesses was being
deleted. Mr. Flaaen replied by saying that, for an internal employee, all that is
necessary is that there be a directive or order from the Department Head, Deputy City
Manager or Human Resources Director for that person to appear and testify at a
Personnel Board Hearing. A subpoena is not necessary. He stated that for individuals
who are not employees, they request their appearance because, even with the
ordinance, they do not have legal authority to require them to appear at a Personnel
Board Hearing. He stated that issuing the subpoena is usually sufficient for most of
them to appear because they basically just need something in writing that they can give
their employer. Councilmember Goulet noted that the subpoena has the authority of
the Court behind it. He stated that if the City does not follow this process internally, it
needs to have a mechanism that would stand in place of the subpoena to ensure that
the person would appear. Mr. Flaaen told Councilmember Goulet that he was correct.
Councilmember Lieberman noted that the amendment includes definitions of classified
and unclassified service. He said that it was beautifully written and he agreed with it.
Councilmember Martinez referred to Tab 25, Section E, Seriousness and
Consequences of a Performance Deficiency. He pointed out that under "Minor
Insubordination" it states that instances of tardiness or unexcused absenteeism are
serious deficiencies. He expressed concern that the determination that a person's
tardiness or unexcused absence is a serious deficiency could be subjective and asked
if that was handled consistently throughout the departments. Ms. Parker-Diggs stated
that they were looking at a pattern of behavior. She explained that it would not be just
one tardy or one unexcused absence. She stated that, to be considered serious, the
individual would have to have demonstrated a pattern of inappropriate behavior.
Councilmember Martinez asked if there was consistency throughout the departments.
Ms. Parker-Diggs explained that the Human Resources Department works with the
departments as they recommend discipline. She stated that they would oversee all of
the alleged infractions to ensure that they were consistent in applying disciplinary
actions across the City.
Councilmember Martinez asked for an explanation of the Appeal Rights section, which
states that an employee can respond to the disciplinary action in writing and that the
response then becomes part of the action. Mr. Flaaen explained that any response an
employee makes is attached to the corrective disciplinary action and maintained in the
file for as long as that corrective disciplinary action is maintained. He stated that a
request to purge the corrective disciplinary action could be made after one year.
Mayor Scruggs expressed the Council's agreement with the amendments and directed
that the ordinance be prepared.
ADJOURNMENT
The meeting was adjourned at 2:00 p.m.
3