HomeMy WebLinkAbout05/14/1990 B A K E R S F I E L D
Lynn Edwards, Chair
Patricia DeMond
Mark Salvaggio
Staff: Sue Whitfield
AGENDA
PERSONNEL COMMITTEE
Monday, May 14, 1990
5:15 p.m.
City Manager's Conference Room
1. Proposed Ordinance relating to Compensation of Fire Unit
and Fire Supervisory Unit Employees
2. Employment of Temporary Workers (Nepotism/Marital Status)
MEMORANDUM '"" '"
April 25, 1990 CUM MANAG~=R,S OFTIC~
TO: Vice Mayor Ken Peterson
FROM: Arthur J. Saalfield, City Attorney ~f
SUBJECT: VICE MAyORREFERRAL OF PROPOSED ORDINatE
Please refer the following proposed ordinance to whichever
committee you deem appropriate:
1) 'COMPENSATION OF FIRE UNITAND FIRE SUPERVISORY UNIT
EMPLOYEES.
Background:
Section 2.84.550 (C2) Sick Leave Accumulation -
Additional Vacation in Lieu of Sick Leave is
~ .incorrect and conflicts with the Memoranda of
Understanding dated April 1, 1989, No. 89-195,
between the City of Bakersfield and the Fire and
Fire Supervisory Units. Therefore, it is requested
that the language in Section 2.84.550 (C2) of the
~.~1%,~,, ordinance be revised to conform with the Memoranda
~0~ ~ of Understanding. The recommended revision'is
attached.
Section 2.84.275 Holiday Pay - Fire Department
Safety Personnel is a new section. It is requested
that this section be added to the ordinance to
designate the payment for holidays for the Fire Unit
and the Fire Supervisory Unit. The proposed
language which is attached, is consistent with the
current Memoranda of Understanding for these Units.
Thank you.
AJS/meg
ORD-REFERRAL
FIRE-SL.MEM
Attachment
cc: J. Dale Hawley
Dennis Needham
Sue Whitfield
,. DRAFT"
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMR. NDING
SUBSECTION C. 2 . OF SECTION 2.84. 550
AND ADDING SECTION 2.84.275 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING
TO COMPENSATION OF FIRE UNIT AND FIRE
SUPERVISORY UNIT EMPLOYEES.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
SUbsection C.2. of Section 2.84.550 of the Bakersfield
Municipal Code is hereby amended to read as follows:
2°84.550 Sick leave - Accumulation - Additional vacation in
lieu of sick leave.
C. One Hundred Twenty Days and EquiValent Shifts or
Over Unused Accumulated Sick Leave. All unused sick leave earned
during the calendar year over One hundred twenty days or
equiValent shifts accumulated will be converted into additional
time at the following rates:
2. Fire Unit and Fire'Supervisory Unit employees who
have accrued the maximum' of 56 shifts or 120 days of sick leave
and who do not use any sick leave for the entire calendar year
will receive.one-half of his/her 5.6 shifts.as vacation per year
and the other half will'be paid to the employee no later than
January t5th of each y. ear. An employee who has accrued .56 shifts
and who used a portion of his/her sick leave during .the cal'endar
year will be entitled to convert 75% 'of the unused sick leave to
vacation.
SECTION 2.
,, Section 2.84.275 is hereby added to the Bakersfield
Municipal Code to read as followS:
.2.84.'275, Holiday pay -.Fir.e department safety pers°nnel.
A. All fire unit and fire supervisory unit employees
shall accrueholiday pay at the rate.of six (6) shifts per year
to,be paid'as fol!ows: One-half (1/2) or three (3) shifts on or
before December' 1st of,each year and one-half (1/2.) or three
shifts on or.~before. June 30th of each year. Fire Prevention
.Personnel shall~be entitled to standby pay in the amount of
$20~00 for each holidaY.for which such employee is required to
.standby.
' 'B. Ail fire unit and fire supervisory unit employees
required to be on standby status over a holiday shall receive
comparable time off at a mUtually agreed upon time. Scheduling
shall be done so as not to interfere with the operation of the
Fire Safety Control Division, aS staffing is available.
sEcTION 3.
This Ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
o0o-
i HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof.held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
i%PPROVED as to form:
ARTHUR J. SAALFIELD
CITY ATTORNEY of the City of Bakersfield
LCM/meg
PERSNNEL,.ORD
4/25/90
MEMO RANDUM
April 17, 1990 ACR 2 ? 1990
PERSONNEL OFFICE
TO: DALE HAWLEY, CITY MANAGER
FROM: ALAN D. DANIEL, ASSISTANT CITY ATTORNEY
SUBJECT: EMPLOYMENT OF TEMPORARY WORKERS
1. The question presented:
May the City of Bakersfield deny temporary employment
based on marital status alone?
Conclusion:
The City of Bakersfield may not deny temporary employment
based on.marital status.
Analysis:
California Government Code Section 12940 (The California
Fair Employment and Housing Act) states in part:
"It shall be an unlaWful employment
practice, unless based upon bonafide
occupational qualification, or
except where based upon applicable
security regulations established by
the United States or the State of
California:
(a) For an employer, because of the
race, religious creed, color,
national origin,-ancestry, physical
handicap, medical condition, marital
status or sex of any person, to
refuse to hire or employ the Person
or to refuse to Select the person
for a training program leading to
employment, or to bar or to
discharge the person from employment
or from a training program leading
to · employment, or to discriminate
against the person in Compensation
or in terms, conditions or
privileges of. .employment.."
· (emphasis added)
Memo to Dale Hawley, City Manager
April 17, 1990
Page 2
Title 2 Section 7292.5 of the California Administrative
Code states:
"(a) Employment of spouse. An
employment decision shall not be
based on whether an individual has
a spouse presently employed by the
employer except in accordance with
the following criteria.
(1) For business reasons of
supervision, safety, security or
morale, an employer may refuse to
place one spouse under the dir$ct
supervision of another spouse.
(2) For business reasons of
supervision, security, or morale, an
employer may refuse to place both
spouses in the same department,
division or facility if the work
involves potential conflicts of
interest or other hazards greater
for married couples than for other
persons.
(b) Accommodations for co-employees
that marry.
If co-employees marry, an employer
shall make reasonable efforts to
assign job duties so as to minimize
problems of supervision, safety,
security, or morale. (emphasis
added)
As noted above, California law requires there be no
employment discrimination based'on marital status.. The
City has already taken steps to .change its nepotism
policy for permanent employees. It is my reading of the
above law that it is not limited to permanent employees.
Take special note of the sections above which state that
a person cannot be refused for a training program
leading to employment because of marital status. A
program leading to employment could very easily be
interpreted as a temporary Position of some type and
certainly something less than full-time permanent
.employment. Thus, I believe the intent of the lawmakers
Memo to Dale Hawley, City Manager
April 17, 1990
Page 3
was to apply the non-discrimination law to temporary as
well as permanent positions.
Another way to look at the matter is to analyze the list
in which marital status falls. Part of the list
includes race. Certainly the City of Bakersfield could
not deny temporary employment to someone because of
race. The law makes it clear that marital Status
carries the same protection as race. The administrative
rules recognize there may be problems; however, if
reasonable accommodations can be made by the employer,
discrimination may not take place based on marital
'status.
The key business reasons for not allowing employment of
spouses relate to supervision, safety, security, morale,
or potential conflicts of interest, or other hazards
which may be greater for married couples than for other
persons if such hazards can be demonstrated. Also note
that reasonable accommodations must be made for co-
employees that marry so as to minimize the problems
listed above and thereby protect their job rights.
Based on the above analysis, I conclude the City of
Bakersfield may not deny temporary employment based on
marital status.. It may deny such employment where
identifiable problems with supervision, safety,
security, morale, or potential conflicts of interest
existl
ADD:lg
cc: Legal opinion File /.
CONFLICT.MEM
MEMORANDUM
April 10, 1990
TO: DALE HAWLEY, CITY MANAGER
FROM: ALAN D. DANIEL, ASSISTANT CITY ATTORNEY
SUBJECT: TEMPORARY AND SEASONAL APPOINTMENTS
1. Our office has reviewed the Administrative Rules and
Regulations concerning the appointment of temporary and
seasonal workers. It is my opinion the current policy may
violate Federal law in that no appointments can be made
anywhere in the City because of marriage or other
relationships to permanent City employees; and, recent court
decisions have made it clear that employment cannot be denied
unless .you can show certain specific adverse impacts on
supervision, safety, security, and morale or if there is a
significant possibility of conflicts of interest. Given these
concerns, I have rewritten the Administrative Rule &
Regulation concerning temporary and seasonal appointments.
The new regulation is attached hereto for your perusal.
2.. I am informed the Budget and Finance Committee (?) displayed
an interest in the rule concerning temporary appointments.
You may wish to share this proposed rule change with the
appropriate committee if you deem said rule change to be
appropriate.
3. You will notice that the blanket prohibition is continued
where it involves a member of the City Council, a City board
or commission, or the Mayor. It is my feeling the adverse
impacts are aUtomatic if there is a relationship to a City
Councilmember, the Mayor, or members of a board or commission.
Otherwise, the appointment can be made if 'the department or
division head, with your approval, submits a written findings
stating that'they believe the temporary employment will not
adversely impact the supervision,'safety, security, or morale
of the City or the department and the appointment would not
involve a significant potential for conflicts of interest.
4. Please advise me as to your thoughts on this proposed policy
change. .
ADD:lg
Attachment
cc: Art Saalfield, City Attorney (w/attch.)
T&SAPPTS.MEM
PROPOSED REVISIONS TO
· ADMINISTRATIVE RULES AND REGULATIONS NO. III - 1~9
Subject: GENERAL 'TEMPO~Y AND SEASONAL APPOINTMENTS
I. STATEMENT
Temporary and seasonal appointments are made for such
activities as refuse collection, recreation, park maintenance,
and general clerical purposes as well as other special
personnel vaCancies that occur.
II. PROCEDURE
In order to be eligible for a seasonal or temporary
appointment with the City, an individual must demonstrate he
or she possesses the ·minimum qualifications for the class
under consideration. The following policy will be strictly
adhered to:
1. Problems often arise from the appointment of relatives
of current City employees as an adverse impact on
supervision, safety, security, and morale may· occur,· or
significant . conflicts of interest may arise.
Appointments of relatives of current City Councilmembers,
the Mayor or various City boards and commissions would
raise all the above adverse impacts. Because of ·these
concerns:
a) There shall be no appointment to a temporary
position within the City of a relative by marriage
or blood within the third degree of the Mayor, any
member of the City Council, or of a member, of any
Board or Commission of the City.
b) Appointment to a temporary position ·of any person
Who is a relative by marriage or blood within the
third degree of a permanent City employee may be.
made upon approval of the department or division
head and the City Manager with written findings from·
the department or division head .and approved by the
City Manager stating they believe the temporary
employment of the relative will 'not adversely impact
the supervision, safety, securitY~ or morale of the
City or the department, and the appointment would
not involve a significant potential' for conflicts
of interest.
II. PROCEDURE (cont'd)
"Third Degree" is defined as: parents, children,
grandparents, brothers, sisters, grandchildren,
great-grandchildren, nephews, nieces, uncles, aunts,
great-grandparents, spouses, and any corresponding
relationship by marriage.
c) This rule does not apply to employees hired before
this above rules were implemented.
.2. An individual appointed on a temporary or seasonal basis
may work up to 120 working days (960) hours in any one
department in any continuous period of three hundred
sixty-five (365) days.
3. Temporary and seasonal employees shall not be eligible
for vacation credit, sick leave, or other employee
benefits. No temporary or seasonal employee shall
attain civil service status because of the temporary
employment and may be terminated at any time by the
department head upon notification to the employee.
4. Temporary and seasonal employees.shall be compensated for
the actual time worked at the hourly or same rate of pay
designated in Municipal Code Section 2.84.110, "Temporary
Positions", or when not so designated, at the regular
hourly rate of pay allocated to the class or position so
assigned.
III. CITATION
City Charter, Section 47.1
Bakersfield Municipal Code 2.72.130, 2.72.200, 2.84.11'0
TEMPAPPT. RR