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Res 98-095 RESOLUTION NO. 98-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AMENDING THE CITY OF POWAY PERSONNEL RULES AND REGULATIONS TO MAKE THEM INAPPLICABLE TO SPECIFIC EMPLOYEES WHEREAS, the City of Poway, California (the "City") has charged the City Manager for the City with the duty to appoint, remove, promote and demote any and all officers and employees of the City of Poway, subject to all applicable personnel ordinances, rules and regulations; and WHEREAS, the City Council for the City has determined that it is in the public interest, for the retention and recruitment of specific employees in managerial positions, to develop contractual at-will employment relationships, specifying terms of employment, including termination, which terms may differ from those under existing personnel rules; and WHEREAS, the specific employees to be excepted from the provisions of the personnel system under the Poway Municipal Code include the Assistant City Manager, the Director of Administrative Services, the Director of Community Services, the Director of Development Services, the Director of Public Services, the Director of Redevelopment Services, and the Director of Safety Services, if an employee being excepted from the personnel system is (1) holding one of these specified positions, and (2) is subject to an at-will employment agreement between the City and the officer or employee; and WHEREAS, the existing Personnel Rules may be amended by resolution of the City Council to implement at-will employment with specified employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY as follows: 1. Rule 1.3 of the Personnel Rules is amended to read as follows: 1.3 Application The provisions of these rules shall apply to all offices, positions, and employments in the services of the City, except: A. Elective officers. B. Members of appointive boards, commissions and committees. C. City Manager, City Attorney, City Clerk, and City Treasurer. Resolution No. 98-095 Page 2 Assistant City Manager, Director of Administrative Services, Director of Community Services, Director of Development Services, Director of Public Services, Director of Redevelopment Services, and Director of Safety Services, if the employee holding a position is identified in this subdivision D is subject to an at-will employment agreement between the City and the officer or employee. E. Persons engaged under contract to supply expert, professional, or technical services for a definite period of time. F. Volunteer and temporary personnel. 2. Rule 1.4 of the Personnel Rules is amended to read as follows: 1.4 A~)Dlication The provisions of the Personnel Rules relating to attendance and leaves (Rule 6) shall apply to the City Manager, City Clerk, City Treasurer, and shall also apply to those holding the positions of Assistant City Manager, Director of Administrative Services, Director of Community Services, Director of Development Services, Director of Public Services, Director of Redevelopment Services, and Director of Safety Services, if the employee holding such a position is subject to an at-will employment agreement between the City and the officer or employee. 3. This Resolution shall take effect upon its adoption by this Council, PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 22nd day of September, 1998. ATTEST: L~i ~n ne-'PeopleS ~Cii~ Clerk Resolution No. 98-095 Page 3 STATE OF CALIFORNIA ) ) SS, COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 98-095 was duly adopted by the City Council at a meeting of said City Council held on the 22nd day of September, 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY NOES: NONE ABSTAIN: NONE ABSENT: REXFORD, HIGGINSON L~or ~Ann~ ~(~eo~~~~ City of Poway