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RES-2008-070RESOLUTION NO. 2008- 070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R -17 WHICH ESTABLISHED PERSONNEL RULES FOR MANAGEMENT, CONFIDENTIAL AND NON REPRESENTED PART -TIME CLASSIFICATIONS WHEREAS, the Human Resources Director has recommended in a staff report dated June 10, 2008, that Resolution No. 92R -17 be amended in the manner hereinafter set forth; and WHEREAS, the City Council of the City of Anaheim does find that amending Resolution No. 92R -17 is in the best interest of the City of Anaheim; and WHEREAS, as a result thereof, the need exists to amend Resolution No. 92R -17 which established Personnel Rules for Management, Confidential and Part -Time Non Represented classifications. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That, Section 4.0, Sub Sections 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17, and 4.18 of Personnel Rule 4, Appropriate Salary, be renumbered to read as 4.1.1, 4.1.2, 4.1.3, 4.1.4, 4.1.5, 4.1.6, 4.1.7, and 4.1.8. 2. That, Section 4.2 of Personnel Rule 4, Appropriate Salary, be amended to include the following: "Probationary employees shall not be considered for a special merit." 3. That, Section 4.5, Sub Sections 4.51 of Personnel Rule 4, Appropriate Salary, be renumbered to read as 4.5.1. 4. That, Section 4.6, Sub Sections 4.61 and 4.62 of Personnel Rule 4, Appropriate Salary, be renumbered to read as 4.6.1 and 4.6.2. 5. That, Section 4.7, Sub Section 4.71 of Personnel Rule 4, Appropriate Salary, be renumbered to read as 4.7.1. 6. That, Section 4.8, Sub Section 4.81 of Personnel Rule 4, Appropriate Salary, be renumbered to read as 4.8.1. 7. That, Section 4.15, Sub Sections 4.151, 4.152, 5.153, 4.154, 4.155, 4.156, 4.157 and 4.158 of Personnel Rule 4, Appropriate Salary, be renumbered to read as 4.15.1, 4.15.2, 4.15.3, 4.15.4, 4.15.5, 4.15.6, 4.15.7 and 4.15.8. F: \OT4088CS.DOC 8. That, Section 4.16 of Personnel Rule 4, Appropriate Salary, be renumbered to read as 4.17, that Section 4.17 be renumbered to read as Section 4.19, that Section 4.18 be renumbered to read as 4.21, that Section 4.19 be renumbered to read as Section 4.23, that Section 4.20 be renumbered to read as Section 4.24, that Section 4.21 be renumbered to read as Section 4.25 and that the remaining Sub Sections be renumbered for proper sequence. 9. That, Section 4.16 of Personnel Rule 4, Appropriate Salary, be added to read as follows: "In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minimum length of service provisions contained in these rules upon the approval of the employee's Executive Manager. Probationary employees shall not be considered for a special merit." 10. That, Section 4.18 of Personnel Rule 4, Appropriate Salary, be added to read as follows: "In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minimum length of service provisions contained in these rules upon the approval of the employee's Executive Manager. Probationary employees shall not be considered for a special merit." 11. That, Section 4.20 of Personnel Rule 4, Appropriate Salary, be added to read as follows: "In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minimum length of service provisions contained in these rules upon the approval of the employee's Executive Manager. Probationary employees shall not be considered for a special merit." 12. That, Section 4.22 of Personnel Rule 4, Appropriate Salary, be added to read as follows: "In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minimum length of service provisions contained in these rules upon the approval of the employee's Executive Manager. Probationary employees shall not be considered for a special merit." F: \OT4088CS.DOC 13. That, Section 8.1, Sub Section 8.11 of Personnel Rule 8, Employment Lists, be renumbered to read as 8.1.1. 14. That, Section 8.2, Sub Section 8.21 of Personnel Rule 8, Employment Lists, be renumbered to read as 8.2.1. 15. That Section 8.2, Sub Section 8.22 of Personnel Rule 8, Employment Lists, be renumbered to read as 8.2.2 and be amended to read as follows: "8.2.2 Open competitive and ranked promotional eligibility lists shall remain in effect for a period of six (6) months or until depleted. Open competitive and ranked promotional eligibility lists containing less than three (3) names may be considered depleted. Open competitive and ranked promotional eligibility lists may be extended by the Human Resources Director for a period not to exceed an additional six (6) months." 16. That, Section 8.2, Sub Section 8.2.3 of Personnel Rule 8, Employment Lists, be added to read as follows: "8.2.3 Eligibility lists will not be created for the following classifications: Management Intern, Graduate Assistant Intern and Part Time Administrative Intern." 17. That, Section 9.0, Sub Sections 9.01, 9.02, 9.03, 9.04, and 9.05, of Personnel Rule 9, Probation, be renumbered to read as 9.0.1., 9.0.2, 9.0.3, 9.0.4, and 9.0.5. 18. That, Section 9.1, Sub Sections 9.11 of Personnel Rule 9, Probation, be renumbered to read as 9.1.1. 19. That, Section 9.1, Sub Section 9.12 of Personnel Rule 9, Probation, be renumbered to read as 9.1.3. 20. That, Section 9.1.2 of Personnel Rule 9, Probation, be added to read as follows: "Anaheim will make every reasonable effort to return a non represented part time employee rejected or laid off from a position to which he /she has been promoted or transferred to during the probationary period to the classification in which he /she had regular status unless the reasons for his /her failure to complete the probationary period would be cause for dismissal. If not returned to his /her former classification, the employee shall be separated from employment with Anaheim." F: \OT4088CS.DOC June 10, 2008. 21. That, Section 12.0 of Personnel Rule 12, Reinstatement, be amended to read as follows: "A full -time confidential or management employee or a non represented part time employee, who terminates his /her employment in good standing may be reinstated to a vacant position in his /her former job class within three years of is /her termination date without requalifying for employment by competitive processes." 22. That, Section 12.0, Sub Section 12.01 of Personnel Rule 12, Reinstatement, be renumbered to read as 12.0.1. 23. That, Section 12.0, Sub Section 12.02 of Personnel Rule 12, Reinstatement, be renumbered to read as 12.0.3 and be amended to read as follows: "A full -time confidential or management employee or non represented part time employee reinstated after thirty (30) days of his /her termination date shall serve a new probationary period and may be considered to have broken service for purposes of salary status, and shall be considered to have broken service for all other employee benefits." 24. That, Section 12.0, Sub Section 12.0.2 of Personnel Rule 12, Reinstatement, be added to read as follows: "A non represented part time employee reinstated within thirty (30) days of his /her termination date shall be considered to have continuous service and shall not serve a probationary period. He /she shall be placed in his /her former salary step and shall retain his /her record of step hours worked for the purposes of merit pay increases." 25. That, Sections 12.1 and 12.2, of Personnel Rule 12, Reinstatement, be deleted in its entirety. 26. That, Section 14.0, Sub Sections 14.01, 14.02, and 14.03 of Personnel Rule 14, Transfer, be renumbered to read as 14.0.1, 14.0.2, and 14.0.3. 27. That, Section 14.0, Sub Section 14.0.4 of Personnel Rule 14, Transfer, be added to read as follows: "Consideration for a scheduled merit increase may be deferred at the discretion of the Executive Manager for a period of up to six (6) months to allow management to properly evaluate the transferred employee's work performance and conduct." 28. That, Personnel Rule 31, Grievance Procedure be amended in its entirety. BE IT FURTHER RESOLVED that the effective date of this Resolution shall be F: \OT4088CS.DOC AND BE IT FURTHER RESOLVED that except as amended herein, Resolution No. 92R -17 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of June, 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY BY: A A MAYOR OF THE CI OF A AHEIM F: \OT4088CS.DOC