HomeMy WebLinkAbout717ORDINANCE NO. 717
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING
SECTIONS 2.13.080 AND 2.13.090 OF THE IRWINDALE MUNICIPAL CODE
REGARDING THE LENGTH OF EMPLOYEE PROBATIONARY PERIODS
WHEREAS, the City of Irwindale ("City') requires employees to demonstrate
fitness for their positions by actual performance of the duties of their positions during a
working test period referred to as a probationary period; and
WHEREAS, the Irwindale Municipal Code ("IMC") provides for an employee
probationary period of twelve (12) months with a potential extension for an additional six
(6) months; and
WHEREAS, the IMC governs when there are conflicts with City resolutions
including those that adopt Personnel Rules and Memoranda of Understanding; and
WHEREAS, the City's Personnel Rules regarding employee probationary time
periods are inconsistent with the IMC; and
WHEREAS, the City has been using a six (6) month probationary time period for
promotional appointments and lateral hiring of police officers and dispatch personnel,
which is contrary to the provisions of the IMC; and
WHEREAS, the City Council believes it is in the best interest of the City to amend
the IMC to be consistent with actual City practice.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.13.080 of the IMC shall be amended as follows (deleted text, if
any, is show in strikethrough,; new text, if any, is shown in bold & italics):
"2.13.080 - Probationary period.
A. All regular appointments, excluding inGlud{ng—promotional
appointments and lateral appointments of sworn and dispatcher
personnel, shall be for a probationary period of not less than one year.
Promotional appointments and lateral appointments of sworn and
dispatcher personnel shall be for a probationary period of not less
than six (6) months. The appointing authority may extend such any
probationary period up to six (6)_additional months. The probationary period
shall commence from the date of appointment. In the event of illness or
injury requiring absence from work the number of days absent shall be
added to the length of the probationary period. During the probationary
Ordinance No. 717
Page 1
period, the employee may be rejected at any time without the right of
appeal, hearing or any grievance procedure.
B. If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the
personnel officer a statement in writing to such effect and stating that the
retention of such employee in the service is desired. If such a statement is
not filed, the employee will be deemed to be unsatisfactory and his/her
employment terminated at the expiration of the probationary period. Where
a statement of satisfactory service has not been filed, notice of their
termination shall be served on the terminated employee by the personnel
officer after the expiration of the selection period.
C. An employee rejected during the probationary period from a position to
which he/she has been promoted shall be reinstated to a position in the
class from which he/she was promoted unless he/she is discharged from
the city service as provided in the personnel rules. If no vacancy exists in
such position, he/she shall be placed on a re-employment list as provided in
the personnel rules."
SECTION 2. Section 2.13.090 of the IMC shall be amended as follows (deleted text, if
any, is show in strikethreugh; new text, if any, is shown in bold & italics):
"2.13.090 - Status of present employees.
A. Any person holding a position included in the competitive service who, on
the effective date of the ordinance codified in this chapter, shall have
senieri n-ent'n o chi in Such o•t•en or sGme ether position inthe
GGF 13 ,,e SeFVi,.e for a period eal to the is serving a probationary
period through a promotional appointment as prescribed in Section
2.13.080 the rules fer has nleoc shall serve out the balance of his/her
probationary period before obtaining regular status for such position,
but in all other respects shall have regular status and shall assume
regwlar status in the t e Geempetitivc the sitien held OR nh
effc+?,.,e cute without qualifyiRg test and shall thereafter be subject in -a44
respects to the provisions of this chapter and the personnel rules.
B. Any other persons holding positions in the competitive service shall be
regarded as probationers who are serving out the balance of their
probationary periods as prescribed in Section 2.13.080 the before
obtaining regular status. The probationary period shall be computed from
the date of appointment or employment."
SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
Ordinance No. 717
Page 2
hereby declares that it would have passed this ordinance, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance
by the City Council of the City of Irwindale and shall cause a summary of this ordinance
to be published in accordance with Government Code Section 36933, in a newspaper
of general circulation which is hereby designated for that purpose, and this ordinance
shall take effect thirty (30) days after its passage.
PASSED, APPROVED, AND ADOPTED this 8th day of November 2017.
�"- Com-
Mark . Breceda, Mayor
ATTEST:
4U40 iv(.
Wa ra M. Nieto, MMC
ief Deputy City Clerk
Ordinance No. 717
Page 3
State of California }
County of Los Angeles } ss.
City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 717 was duly introduced at a regular meeting of the
Irwindale City Council held on the 25th day of October 2017, and adopted on second
reading at the regular meeting held November 8, 2017 by the following vote of the
Council:
AYES: Councilmembers:
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda
None
None
Ikgrem
Jh
u to M -
M. Nieto, MMC
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 715
adopted by the City Council of the City of Irwindale at its regular meeting held November 8,
2017, to be posted at the City Hall, Library, and Post Office on November 9, 2017.
MIM
M. Nieto, MMC
Deputy City Clerk
Ordinance No. 717
Page 4
Dated: 01115 h%