HomeMy WebLinkAboutAgenda Report - January 16, 1985 (79)e
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ST -EVICT I in rep -rd to cirplovv-y'lit of rci,:tives
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Ri,S. *Y�. 85-(ir within the City <,` I�xli ;:lassifiec' Servie'�" lnd tllerel)y
rescinclitlg P,esolutiotl `lo. 83-I5 perta1I21I1Cr thereto.
CITY COUNCIL
HENRY %. CLAVES, Jr.
City Manager
y
JOHN R: tRxv/ady) SNIDER, Mayor [ - I T Y O F L O R I ALICE M. REIMCHE
CITY
DAVID M, }JINCHMAN
City Clerk
Mayor Pr3 Tempore
CITY HALL, 221 WEST PINE STREET
EVELYN NJ. QLSON
POST OFFICE BOX 320 RONALD M. STEIN
LODI, CALIFORNIA 95241 City Attorney
JAMES W. PINKEPTON, Jr.
(209)334-5634
FRED M REID
To:
honorable Mayor and City Council Members _
From:
Ronald M. Stein
City Attorney
Subject:
Draft Resolution Re Establishing a Policy in s
Regard to Employment of Relatives Within the City
of Lodi Classified Service and Thereby Rescinding
Resolution No. 83-15 Pertaining Thereto
Dgte:
January 14, 1985
In your packet
you received a copy of the new draft of a policy in
regard to
employment of relatives within the City of Loeb. Since
this is just a draft there is no problem making adjustments and
changes to same. In order to properly evaluate same, I put
together the
following lists of questions that might be asked and
porhaps in reviewing the draft we might want to go over these
questions.
1.
Do we want the policy to include the following
areas:
a) Hiring
b) Advancement
c) Supervision
d) Directing
e) Evaluating
2..
Do we want a strict prohibition in the following areas:
a) City Council Familial Members
b) City Manager Familial Members
c) City Manager Staff Familial Members
d) Personnel Staff Familial Members
-
It should be noted that as to those above prohibition it
would only be those familiFl members that are defined in
the resolution itself.
0
3. Do we want to prohibit familial and marital status of
other employges and if so are we concerned with;
a) Hiring advancement
b) Supervision
c) Direction
d) Evaluation
4. What do we want to do where an individuals are employed
by the City of Lodi and they marry, do we want to
terminate or attempt to accomodate?
5. In the 7th paragraph beginning with the word "Further",
it uses the word "may prohibit" does the Council want to
change that word to "shall prohibit"?
3
RESOLUTION NO.
ESTABLISHING A POLICY IN REGARD TO EMPLOYMENT OF
RELATIVES WITHIN THE CITY OF LODI CLASSIFIED
SERVICE AND THEREBY RESCINDING RESOLUTION NO.
83-15 PERTAINING THERETO
It is the policy of the City of Lodi not to discriminate in
its employment and personnel actions with respect to its employees,
prospective employees, and applicants on the basis of familial or
marital status. No employee, prospective employee, or applicant
shall be improperly denied employment or benefits of employment on
the basis of his or her familial or marital status. This policy
applies to the selection of persons for a training program leading
to employment in addition to the above -designated persons.
Notwithstanding the above provisions pursuant to Government Code
§12540(3) the City of Lodi reserves the right to reasonably
regulate for reasons of supervisions, safety, security, or morale
the working of spouses and relatives in the same department,
division, or facility.
Further, the Council finds that in the following situations and
pursuant to §12940(3) the following provisions are necessary:
Marital status is defined as an individual's state of
marriage, hon -marriage, divorce or dissolution, separation,
widowhood, annulment, or other marital state for the purpose of
this anti -discrimination policy.
Spouse is defined as a partner in marriage as defined in
California Civil Code Section 4100.
Familial status is defined as the state of an individual's
specific relatives working for the City of Lodi and shall include
spouse, child, brother, sister, parent or parent -in-law,
grandparent or grandchild.
The City of Lodi shall prohibit the appointment or
advancement to a position within the City of Lodi of any person or
employee who has the status of marital or familial relationship
with the Lodi City Manager, any member of the Lodi City Council,
employee of the Personnel Department, or confidential employee of
the City Manager's staff and/or office.
Further, the City of Lodi may prohibit the appointment of or
advancement of any person or employee to any position within any
department within the City of Lodi, wherein that person so
appointed or advanced would or may in any manner or form,
supervise, direct, or evaluate; or wherein that person would or may
be supervised, directed or evaluated by any person within the same
department, where, in either event, there exists a marital or
familial status factor between said persons.
am
In the event two persons employed iin the same Cit;
department marry each other and would thereby fall within the
prohibitions listed in this Resolution one of such employees shall
be transferred to a comparable position, if any exists, in another
City department. When no position is available, and a transfer
cannot be affected within 124 calendar days from the date of
marriage, the employee with the least seniority shall be
terminated.
Resolution No. 83-15 is rescinded upon the adoption of this
Resolution.
DATED:
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