HomeMy WebLinkAboutORD 04 (2016)ORDINANCE NO. 04 (2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING CHAPTER 2.20 ESTABLISHING A PERSONNEL SYSTEM
WHEREAS, the City has established a personnel system by adoption of Chapter 2.20 of
the Diamond Bar Municipal Code and implementing regulations adopted by way of resolution of
the City Council; and
WHEREAS, the City Council desires to amend Chapter 2.20 to conform definitions
contained therein with existing law and make other modifications to bring greater clarity to the
regulations.
NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows:
SECTION 1.
Section 2.20.040, entitled "Competitive Service" and Section 2.20.070 entitled
"Discrimination", of Chapter 2, entitled 'Personnel', shall be amended to read as follows:
Sec. 2.20.040 At -will Employment.
The following offices, positions, and employments are not in the competitive service of the
City and are considered to be "at -will':
(1) Elective Officers;
(2) The City Manager and any assistants or deputies to the City Manager;
(3) The City Attorney and any assistants or deputies to the City Attorney;
(4) Members of appointive boards, commissions, and committees;
(5) Department heads and other management positions so designated by the City
Manager;
(6) Persons engaged under contract to supply expert, professional, technical or any
other services for a definite period of time;
(7) Volunteer personnel, who receive no regular compensation from the City;
(8) All council -appointed city officers;
(9) Emergency employees who are hired to meet the immediate requirements of an
emergency condition, such as extraordinary fire, flood, or earthquake which
threatens life or property;
(10) Employees hired for an indefinite term into a budgeted position to work less than
1,000 hours per year;
(11) Seasonal part-time employees are employees who work on a seasonal or partial
year basis, but less than 1,000 per fiscal year;
(12) Intermittent part-time employees are employees who work less than 1,000 hours
per fiscal year;
(13) Part-time employees working 20 hours or more per week, hired after February 15,
2005; and
141, Any new position created by the City Council, unless declared by the City Council
to be in the competmve service at the time of creation or thereafter.
(15) Employees under this section shall serve at the will of their appointing authority
and either the employee or city may terminate the employment relationship without
cause or right to appeal, at any time.
Sec. 2.20.070 Discrimination.
No City employee or applicant for employment, volunteers, interns, City elected and
appointed officials, members of City Commissions, Boards and Task Forces, contractors,
consultants, and/or other non -employees doing business with or for the City shall be
discriminated against in recruitment, examination, appointment, selection, training,
promotion, retention, wages, benefits, discipline, or any other aspect of employment
because of race, color, religion, national origin, ancestry, marital status, sex (including
gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding),
age, physical or mental disability, sexual orientation (including homosexuality, bisexuality,
or heterosexuality), genetic characteristics or information, political or religious opinions or
affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave,
religious creed, medical condition, citizenship status, military and veteran status or any
other characteristic protected by law. Individuals are protected from discrimination
because of familial status or association with, an individual in any of the protected
classifications listed above. Other forms of discrimination prohibited by this policy include
retaliating against someone for filing a charge of discrimination, participating in an
investigation, or opposing discriminatory practices.
SECTION 2. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will
not affect the effectiveness of the remaining provisions or applications and, to this end,
the provisions of this Ordinance are severable.
SECTION 3. The City Clerk shall certify the adoption of this Ordinance and shall cause
a certified copy of this Ordinance to be posted within fifteen (15) days after this Ordinance
is passed and adopted in the office of the City Clerk and two additional public places,
including the vote for and against the same, in accordance with Government Code section
36933.
SECTION 4. This Ordinance will become effective 30 days after the date of its adoption.
ADOPTED this PQ --day of March 2016.
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Nancy Lys, ayor
Frey; •ill
I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar, California, held on the 1St day of March, 2016, and was finally passed
at a regular meeting of the City Council of the City of Diamond Bar, held on the 22nd
day of March, 2016, by the following vote:
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED:000NCIL MEMBERS: None
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I ommyd Cribbins, City Clerk
City of Diamond Bar