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