HomeMy WebLinkAbout08124ORDINANCE NO. 8124
AN ORDINANCE AMENDING CIVIL SERVICE RULE 25 OF
CHAPTER 13 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE
RELATING TO SENIORITY PREFERENCE POINTS AND
INCLUDING WITHIN SUCH POINTS YEARS OF SERVICE PRIOR
TO A VOLUNTARY SEPARATION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets
indicate matter deleted, underscoring indicates matter added)
SECTION 1.
Civil Service Rule 25 of Chapter 13 of Title VI is hereby amended to read as
follows:
Rule 25. Seniority preference.
(a) Any classified service employee who achieves a passing score on an
examination shall be credited with an additional one -half (Y2) point for each year of City
classified service completed as of the date of examination, except for fire or police
promotional examinations for those classes listed in Sections 6 -4 -8 or 6 -4 -9 of this
Code, where only City classified service as firefighters or certified peace officers,
respectively, shall be so credited.
[(b) Employee candidates, except firefighters or certified peace officers, who
were reappointed to the classified service after a voluntary separation from such
service, shall be credited only for those years of service completed since such
reappointment.]
[(c)] (b) The maximum number of seniority preference points which may be
added to a passing score on a promotional examination for the rank of Police Sergeant,
Police Captain or Deputy Police Chief shall be five (5).
[(d)] (c) The maximum number of seniority preference points which may be
added to the passing score on any examination for the civil service classes of police
patrol officer, firefighter or any civil service class in the general services bargaining unit
shall be ten (10).
[(e)] (d) Except as provided in Subsection [(c)] (b) above, the maximum number
of seniority preference points which may be added to the passing score on any
examination for any civil service class not included in the police, fire or general services
bargaining units shall be ten (10).
INTRODUCED: December 14. 2009
BY: Randy Thurston
COUNCILPERSON
APPR D' } �.
PRESIDENTaf Cfty Council
A77TSTED DY:
CITY CLERK
PASSED AND APPROVED: December 28, 2009
FED ED,[LLL
A U
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -7
DATE: December 14, 2009
DEPARTMENT: CIVIL SERVICE COMMISSION —ADMINISTRATOR TONI SELMAN
TITLE
AN ORDINANCE AMENDING CIVIL SERVICE RULE 25 OF CHAPTER 13 OF TITLE
VI OF THE PUEBLO MUNICIPAL CODE RELATING TO SENIORITY PREFERENCE
POINTS AND INCLUDING WITHIN SUCH POINTS YEARS OF SERVICE PRIOR TO A
VOLUNTARY SEPARATION
ISSUE
Should the City Council pass the proposed Ordinance?
RECOMMENDATION
See attached Report to City Council for explanation of proposed amendment. Please
note that the attached Report to City Council references an alternative proposal filed by
the administration with respect to amending Civil Service Rule 25. City administration
has elected to withdraw the alternative proposal. The only proposed amendment to Civil
Service Rule 25 being presented to City Council is the proposed Ordinance herein
contained.
BACKGROUND
See attached Report to City Council.
FINANCIAL IMPACT
None.
CIVIL SERVICE COMMISSION OF THE CITY OF PUEBLO
In re: July 30, 2009 Proposed Amendment to Civil Service Rule 25
Report to the Pueblo City Council
Pursuant to the requirements of Civil Service Rule 40, the Civil Service Commission held
a public hearings on August 11, 2009 and September 9, 2009 for consideration of the July 30,
2009 proposed amendment to Civil Service Rule 25 (the "Proposed Amendment'), and hereby
forwards the Proposed Amendment to the City Council for its consideration together with this
report on the proposal and hearing.
The Proposed Amendment Civil Service Rule 25
Under the current provisions of Civil Service Rule 25, seniority preference points for
years of service prior to a voluntary separation are credited only with respect to employee
candidates who are firefighters or peace officers, The proposed amendment would allow
seniority preference points for years of service prior to a voluntary separation from service to be
credited for all employee candidates whether they are fire fighters, peace officers or other
classified employees.
The Proposed Amendment does not otherwise change the maximum number of seniority
preference points allowed or the method or manner in which seniority preference points are
credited.
Subsequent to the filing of the Proposed Amendment, the administration filed an
alternative proposal with respect to amending Civil Service Rule 25 which shall be referred to in
this report as the Alternative Proposal,
Summary of Hearing
Chad Thomas and Steve Fassi, firefighters and representatives of IAFF Local No. 3,
testified on August 11, 2009 that there was no objection to the Proposed Amendment. After
hearing a summary of the Alternative Proposal, which was subsequently presented to the
Commission on August 27, 2009, said parties further testified that they had no objection to the
Alternative Proposal.
Mark Duran, peace officer, testified on August 11, 2009 in favor the Proposed
Amendment and holding all City employees to the same level.
Betty Jo Aragon, City employee and President of Pueblo Association of Government
Employees ( "PAGE "), testified on August 1 l , 2009 in favor of the Proposed Amendment and
testified that the general service employees wanted to be treated equally. Subsequently, on
September 9, 2009, Ms. Aragon testified that PAGE had taken a neutral position on the Proposed
Amendment and the Alternative Proposal and testified that PAGE is in favor of either proposal
which treats all employees the same.
Neldon Demke, Director of Human Resources, testified in opposition to the Proposed
Amendment. If the rule was to be changed, the administration favors an alternative which
provided some restrictions and qualification in these circumstances. The Alternative Proposal
was submitted to the Commission on August 27, 2009 and Commission's Report to the Pueblo
City Council with respect to the Alternative Proposal is submitted contemporaneously with the
present report.
Chris Riley, Fire Chief, spoke in opposition to the Proposed Amendment and in favor of
the Alternative Proposal.
Recommendation
The Commission believes that all employee candidates should be treated similarly in the
crediting of seniority preference points for years of service prior to a voluntary separation
whether they are firefighters, peace officers or other classified employees. As such, the
Commission is in favor of the Proposed Amendment.
The Commission expresses no preference between the Proposed Amendment and the
Alternative Proposal other than to note its concerns as set forth in Commission's Report to the
Pueblo City Council with respect to the Alternative Proposal that, if the Alternative Proposal is
enacted and IEPO Local 537 does grieve and successfully arbitrates the rule change, all
employees will not be treated similarly under the Alternative Proposal.
Signed this day of
__LCL, -- 1; c f 1 2009.
Lou Lazo, Chairman
Guy Kc y, Commissioner