Loading...
HomeMy WebLinkAbout10669ORDINANCE NO. 10669 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE VI AND CHAPTER 13 OF TITLE VI ALLOWING THE MAYOR TO TEMPORARILY MODIFY REQUIREMENTS RELATING TO THE FILLING OF PERSONNEL VACANCIES WHEREAS, the City, as a Colorado home rule municipality, is authorized to exercise all powers of self-government, as outlined in Article 20, Section 6 of the Colorado Constitution. Included within these general powers of self-government are the powers necessary, requisite or proper for the government and administration of its local and municipal matters; and WHEREAS, the City’s ability to hire and retain qualified employees to serve the citizens of the City is of paramount importance to the successful operation of City government; and WHEREAS, from time to time, due to market-based factors beyond the City’s control, various City Departments or Divisions will struggle to hire qualified employees; WHEREAS, the City must preserve the health, welfare, and safety of its citizens, City Council has determined it is necessary to provide the Mayor with such powers as will facilitate the City filling open vacancies during difficult market conditions: and WHEREAS, to allow the City to take all available steps to meet such challenges as they arise, the City Council has determined it is in the best interest of the City to provide the Mayor with the flexibility to temporarily suspend certain requirements in Chapter 8 of Title VI of the Pueblo Municipal Code upon a finding an open vacancy cannot be filled with strict adherence to such requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 6-8-5 of the Pueblo Municipal Code is hereby amended by adding subsection (f) read as follows: Sec. 6-8-5. Vacancies. … (f) Notwithstanding the foregoing, the Mayor, after a position has been posted for more than twelve (12) calendar months and upon a finding of specific market conditions preventing the vacancy of more than twenty percent (20%) of any budgeted and appropriated positions from being filled, may temporarily, waive, suspend, or modify subsection (e)’s requirements, for a period not to exceed such position returning to ninety percent (90%) of the budgeted and appropriated level. Such waiver, suspension, or modification shall be made by Mayoral Order articulating findings consistent with this subsection. SECTION 2. Section 6-13-2 of the Pueblo Municipal Code is hereby amended to read as follows: Rule 6. – Waiver or modification of application requirements. 1. The Mayor may temporarily waive, suspend or modify any application, examination or certification requirement set forth in these Rules upon the issuance of a Mayoral Order finding that a vacancy cannot be filled by strict adherence to such requirements. No application, examination or certification requirement set forth in these Rules shall be waived, suspended or modified unless the Mayor issues a written finding that a vacancy cannot be filled by strict adherence to such requirements. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective upon the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 26, 2024. Final adoption of Ordinance by City Council on March 11, 2024. APPROVED: PRESIDENT OF CITY COUNCIL Action by the Mayor: ☒ Approved on , 03/18/2024 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk's Office Item # R5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 11, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Marisa Pacheco, Director Human Resources SUBJECT: AN ORDINANCE AMENDING CHAPTER 8 OF TITLE VI AND CHAPTER 13 OF TITLE VI ALLOWING THE MAYOR TO TEMPORARILY MODIFY REQUIREMENTS RELATING TO THE FILLING OF PERSONNEL VACANCIES SUMMARY: The following Ordinance would allow the Mayor of the City of Pueblo, by Mayoral Order, to temporarily suspend the requirements of P.M.C. § 6-8-5 (e) requiring eligibility lists for vacant positions to remain frozen until an action is taken on such vacancy upon a finding a vacancy cannot be filled by strict adherence to such requirements. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The Pueblo Police Department, like many law enforcement agencies around the state and country, is presently having difficulty hiring and retaining patrol officers. The Pueblo Police Department is approximately fifty (50) officers below its authorized strength. The City, in response, has initiated retention bonuses and increased the starting pay for patrol officers but has not seen the desired effect on the recruitment and retention of patrol officers. Currently, the Police Department’s ability to recruit lateral and non-obligated post- certified officers lags behind its peer agencies. One issue contributing to this lag is the City’s requirement to freeze eligibility lists until final action is taken on a vacancy. This prohibits the City from recruiting unobligated candidates at Police Academies around the state and efficiently accepting lateral officer transfers. To help ease this issue, the proposed ordinance would allow the Mayor of the City of Pueblo to temporarily suspend the requirement to freeze eligibility lists for vacant positions until final action is taken for specific vacancies upon a finding such vacancy cannot be filled by strict adherence to such requirement. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the City Council chooses not to approve this Ordinance, the City will be prohibited from certifying multiple eligibility lists for open vacancies upon a finding by the Mayor such vacancies cannot be filled with strict adherence to the code’s requirement. RECOMMENDATION: Staff recommends passage of this Ordinance. ATTACHMENTS: 1. Mayoral Order