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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