Loading...
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%