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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/16/2003 - FIRST READING OF ORDINANCE NO. 177, 2003, AMENDINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 18 DATE: December 16, 2003 STAFF: Steve Roy SUBJECT First Reading of Ordinance No. 177, 2003, Amending Section 2-582 of the City Code Regarding the Employment Status of Deputy and Assistant City Attorneys. RECOMMENDATION The City Attorney recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This Ordinance would clarify that Deputy and Assistant City Attorneys are not management employees of the City but, rather, are unclassified employees whose positions are approved by the Council, and who are appointed by the City Attorney, and serve at the pleasure of the City Attorney. BACKGROUND Recently, City staff has been discussing the various categories of employees who should be considered "unclassified management" for the purposes of certain City policies. At present, Deputy and Assistant City Attorneys are considered to hold "unclassified management positions" under such policies. Under Article VI, Section 1 of the City Charter, Deputy and Assistant City Attorney positions must be approved by the Council. They are appointed by the City Attorney who is, in turn, responsible directly to the City Council rather than the City Manager. Therefore, while Deputy and Assistant City Attorneys are unclassified employees of the City, they are not part of City management, and that distinction should be reflected in the City Code. This Ordinance would amend Section 2-582 of the City Code accordingly. That section of the Code currently states that the salaries of Assistant City Attorneys shall be set by the City Attorney and that Assistant City Attorneys are to be considered "non-classified service employees" for purposes of position classification and the City's compensation plan. The proposed Ordinance would clarify that Deputy and Assistant City Attorneys are appointed by the City Attorney once their positions are approved by the Council; they serve at the pleasure of the City Attorney; and they are entitled to the same benefits, privileges, terms and conditions of employment as unclassified management employees, except to the extent that those terms and conditions of employment are modified by the City Attorney to ensure the efficient operation of the City Attorney's Office. If this Ordinance is approved by the Council, the City's Personnel Policies will be modified in the same fashion. Copies of those proposed policy modifications are contained in the agenda materials. ORDINANCE NO. 177, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-582 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE EMPLOYMENT STATUS OF DEPUTY AND ASSISTANT CITY ATTORNEYS WHEREAS, Section 2-582 of the City Code states that Assistant City Attorneys shall be deemed to be nonclassified service employees for purposes of the position classification and compensation plan; and WHEREAS, under certain personnel policies of the City, Assistant City Attorneys are presently characterized as unclassified management employees of the City; and WHEREAS, under the City Charter, Assistant and/or Deputy City Attorneys perform duties as assigned by the City Attorney, who is responsible directly to the City Council rather than the City Manager; and WHEREAS, it is in the best interest of the City to clarify the employment status of Deputy and Assistant City Attorneys, not only in the City's personnel policies but also in the City Code; and WHEREAS, the City Council wishes to amend Section 2-582 of the City Code in the manner shown below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-582 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 2-582. Salary and employment status of Deputy and Assistant City Attorneys. (a) Pursuant to Article VI, Section 1 of the Charter, all Deputy and Assistant City Attorney positions shall be approved by the City Council. Such positions may then be filled by the City Attorney. Deputy and Assistant City Attorneys shall serve at the pleasure of the City Attorney, and shall have the same benefits, privileges, terms and conditions of employment as unclassified management employees of the city, except for such exceptions, additions or modifications thereto as the City Attorney, in his or her discretion, may deem necessary or advisable for the efficient operation of the Office of the City Attorney. (a b) The salaries of the Deputy and Assistant City Attorneys shall be set by the City Attorney. (b) The Assistant City Attorneys shall be deemed to be nonclassified service employees for purposes of the position classification and compensation plan. Introduced and considered favorably on first reading and ordered published this 16th day of December, A.D. 2003, and to be presented for final passage on the 6th day of January, A.D. 2004. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 6th day of January, A.D. 2004. Mayor ATTEST: City Clerk DRAFT #2 CITY ATTORNEY’S OFFICE OFFICE POLICY APPLICABILITY OF CITY PERSONNEL POLICIES AND PROCEDURES TO DEPUTY AND ASSISTANT CITY ATTORNEYS Adopted: ________________ The Deputy and Assistant City Attorneys shall serve at the pleasure of the City Attorney and shall have the same benefits, privileges, terms and conditions of employment as are applicable to unclassified management employees of the City under the City’s Personnel Policies and Procedures, except to the extent that such benefits, privileges, terms or conditions are modified in writing by the City Attorney. 1 PERSONNEL POLICIES AND PROCEDURES 2.1 Categories of Employment The City employs every employee in either a classified position or an unclassified position. In addition, every employee is either “exempt” or “non-exempt” from the overtime provisions of the federal and state wage and hour laws. Employees’ personnel action forms maintained by the Human Resources Department show their category of employment. 2.1.1 Classified Positions A. A classified position is an authorized, budgeted position included in the Pay Plan. Classified positions may be “exempt” or “non-exempt” depending on each employee’s duties and responsibilities. [rev. 1/8/01] B. Classified positions may be full-time, in which the employee works the equivalent of a forty-hour work week, or part-time in which the employee works the equivalent of a minimum of twenty and a maximum of thirty-nine hours per work week. The City provides a comprehensive benefit package to full and part-time classified employees, however, the benefit package for part-time classified employees is prorated based on scheduled work hours. This is explained more fully in various leave policies in these City of Fort Collins Personnel Policies and Procedures and other benefit documents provided by the City. C. All employees in classified positions who have completed their initial period of introductory status may be terminated only for cause, as defined in the “Separation from Employment” in these City of Fort Collins Personnel Policies and Procedures. D. Classified positions include nonmanagement and some management positions. Classified nonmanagement positions may be exempt or non-exempt from applicable wage and hour laws depending on the nature of the work performed by the employee. 2.1.2 Unclassified Positions A. Unclassified positions include management, hourly, and contractual positions. Sometimes, the City and an unclassified employee may enter into a written employment contract which may include terms and conditions which are different than the policies in these City of Fort Collins Personnel Policies and Procedures. [rev. 5/9/01] B. For unclassified employees, the employment relationship is always at the mutual consent of the City and the employee. Accordingly, either the employee or the City 2 may terminate the relationship at will at any time with or without cause or notice, unless the employee has a specific written employment contract to the contrary signed both by the employee and the City Manager. Unclassified employees do not become classified employees or otherwise change unclassified categories with the passage of time in an unclassified position. Unclassified employees have no right to become classified employees. [rev. 5/9/01] C. Types of Unclassified Positions 1. Unclassified Management Positions a. An unclassified management position is an authorized, budgeted position included in the Pay Plan. Such positions may be full-time or part-time. Full-time unclassified management employees, unless otherwise provided in a written agreement, are eligible for all City- sponsored benefits, and part-time unclassified management employees are eligible to participate in City-sponsored benefits on a pro rata basis based upon their regularly scheduled hours. b. The following positions shall be designated as unclassified management positions: i. Service Area Directors; ii. Department Heads; and iii. Other positions as designated by the City Manager. c. For purposes of this section, the following terms shall be defined as follows: i. “Service Area” means a major city administrative unit headed by a director who, regardless of title, is directly responsible to the City Manager (City Charter under Article XIII - Definitions). ii “Department” means a primary subdivision of a service area headed by a person who, regardless of title, is directly responsible to the director of the service area (City Charter under Article XIII - Definitions). 3 2. Hourly with No Benefits Positions a. Hourly with no benefits positions are designated by the department making the hiring decision. Typically, employees in hourly positions are hourly employees who [rev. 5/9/01]: i. Work sporadically throughout the year on-call or as-needed, usually for fewer than 30 hours per week and less than six (6) months out of the year, or ii. Are regularly scheduled to work less than 30 hours per week. Employees in hourly positions are not eligible for City- sponsored benefits such as paid vacation and sick leave, health insurance, pension and deferred compensation plans, and the like. b. Employees in these positions, however, are eligible for holiday pay under certain circumstances, and eligible for benefits required by law, such as Social Security and workers’ compensation. 3. Hourly with Benefits Positions Hourly with benefits positions are designated by the department making the hiring decision. Typically, employees in hourly with benefits positions are regularly scheduled to work 30 or more hours per workweek for 26 weeks or more in any 12-month period. Employees in hourly with benefits positions are eligible to accrue personal leave in accordance with the policy in these City of Fort Collins Personnel Policies and Procedures, health insurance coverage at the employee’s expense under the City’s Health Maintenance Organization (HMO) plan, and holiday pay under certain circumstances. However, they are not eligible for any other City-sponsored benefits, such as paid vacation and sick leave, health insurance coverage other than the HMO plan, City payments for any health insurance coverage, pension and deferred compensation plans, and the like. Employees in such positions are eligible for benefits required by law, such as Social Security and workers’ compensation. [rev. 5/9/01] 4. Contractual Positions Contractual positions supplement the City’s regular work force for special projects of a limited duration, projects funded by grants, budgeted internships, or as temporary replacements for other categories of employees. Employees in contractual positions may work full-time or part-time, and may be “exempt” or “non-exempt” depending on job duties. All contractual 4 employees are eligible to participate in certain City-sponsored benefits according to the specific terms of their contracts but are ineligible to participate in City-sponsored pension, retirement and deferred compensation plans. 5. Deputy and Assistant City Attorneys Deputy and Assistant City Attorneys are appointed by, and serve at the pleasure of, the City Attorney. Such attorneys shall be subject to the same Personnel Policies and Procedures as unclassified management employees, except to the extent that such Policies and Procedures are modified in writing by the City Attorney.