Ord 692
ORDINANCE NO. 692
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTION
2.16 OF THE POWAY MUNICIPAL CODE PERTAINING TO THE PERSONNEL
SYSTEM AND ADOPTION OF A RESOLUTION APPROVING THE TRANSITION OF
CERTAIN POSITIONS TO AT-Will POSITIONS
WHEREAS, the City of Poway ("City") is a general law city; and
WHEREAS, Municipal Code Chapter 2.16 is for personnel administration; and
WHEREAS, the last revision of Municipal Code Chapter 2.16 occurred in 1998;
and
WHEREAS, the laws and practices governing human resources management
have changed, Municipal Code Chapter 2.16 requires revisions.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF POWAY DOES
ORDAIN AS FOllOWS:
SECTION 1: Municipal Code Chapter 2.16 heading is hereby amended to read:
Sections:
2.16.010 Adoption.
2.16.020 Personnel Officer.
2.16.030 Scope.
2.16.040 Adoption and amendment of rules.
2.16.050 Improper political activity.
SECTION 2. Municipal Code Section 2.16.010 is hereby amended to read:
D. Retaining employees on the basis of the adequacy of their performance, and
separating employees whose inadequate performance cannot be corrected; Assuring
the impartial treatment of applicants for employment and employees in all aspects of
personnel administration without regard to political affiliation, race, color, creed, national
origin, sex, religion, age, marital status, or disability, ancestry, medical condition,
pregnancy, or sexual orientation, and with proper regard for their privacy and
constitutional rights as citizens.
SECTION 3. Municipal Code Section 2.16020 is hereby amended to read:
2.16.020 Personnel Officer.
The City Manager shall be the Personnel Officer. The City Manager may delegate any
of the powers and duties conferred upon him/her as Personnel Officer under this
chapter to any other officer or employee of the City or may recommend that such
Ordinance No. 692
Page 2
powers and duties be performed under contract. The Personnel Officer or designee
shall:
C. Prepare or cause to be prepared a position classification plan, including classification
specifications, and revisions of the plan. The plan, and any revisions thereof, shall
become effective upon approval by the City Council;
E. Provide for the publishing or posting of notices of examinations for classifications in
the classified service; the receiving of applications therefore; the conducting and
grading of examinations; the certification to appointing authority of a list of all persons
eligible for appointment to the appropriate classifications in the classified service;
SECTION 4. Municipal Code Section 2.16.030 is hereby amended to read:
216.030 Scope.
The provisions of this chapter shall apply to all offices, classifications and employments
in the service of the City, except:
D. Positions identified as at-will in the classification system. An at-will c1ass.lfication is
subject to an at-will employment agreement between the City and the officer.
Incumbents hired prior to July 21, 2009 in classifications transitioning to at-will shall
maintain their classified status, or;
F. Volunteers, provisional, temporary, seasonal and probationary personnel.
SECTION 5. Municipal Code Section 2.16.040 is hereby amended to Jead:
2.16.040 Adoption and amendment of rules.
Personnel rules shall be developed by the Personnel Officer or designee and submitted
to the City Council for approval. The Personnel Officer or designee shall give
reasonable written notice to each recognized employee organization affected by the
ordinance, rule, resolution, or regulation or amendment thereof proposed to be adopted,
if within the scope of representation. The rules shall contain regulations governing the
personnel system including:
A. Preparation, installation, revision, and maintenance of a classification plan covering
all positions including employment standards and qualifications for each class;
D. Preparation and conduct of examinations and/or other selection methods and the
establishment and use of resulting employment list containing names of persons eligible
for appointment;
F. Establishment of probationary periods;
Ordinance No. 692
Page 3
SECTION 6: Municipal Code Section 2.16.060 is hereby re-numbered to Section
2.16.050.
2.16.050 Improper political activity.
The political activities of City employees shall conform to pertinent provisions of State
law.
SECTION 7: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names of members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 21st day of July, 2009, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 4th day of August, 2009.
,
ATTEST:
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Lindu. Tr an, MMC, City Clerk
Ordinance No. 692
Page 4
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 692, was duly adopted by the City Council at a meeting of said
City Council held on the 4th day of August 2009, and that it was so adopted by the
following vote:
AYES: BOYACK, KRUSE, HIGGINSON
NOES: NONE
ABSENT: CUNNINGHAM, REXFORD
DISQUALIFIED: NONE '<
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~k::in~. Troyan, MMC
City erk
City of poway
.