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HomeMy WebLinkAboutAgenda Report - March 2, 1983 (37)CITY COUNCIL MEETING MARCH 2, 1983 AMENDMENT TO EXISTING CITY POLICY IN RDGAFU Following introduction of the matter by City Manager , TO EMPIDYMENr Glaves, Council, on motion of Council Member Pinkerton, ' OF RELATIVES Snider second, adopted Resolution No. 83-15 - WITHIN THE CITY Resolution Establishing Policy in regard to Employment CTASSIFIED of Relatives Within City Classified Service and SERVICE Thereby Rescinding Resolution 3805 Pertaining Thereto. RES. NO. 83-15 Ns .. a r,4. a.R `,. ! 1 �.;•r. _., ('. Y. i t 1' + c�.ti ;fFt✓`>7. i.:e+ 44 jo X14: cam n. ' n-3 �.�,c �` 1f �it�•Y"art,} , ,l ti '!'Y r q r r ��M w• � .art Y.� � y - Y c�d�` ��q9..s, 4 �<S- N� t ,t t �7� x•' � w c; +y��o��y� �,t —J" . v�2 i��y, H( xs .Ryrrir w �bA ,�` ,. .: i. ,at�� i��j .fes.• �� �KC�cCs '� b��w �s�t"��9'} � ��L�(X 4 '�'��i,�u � • 'n �`� . i U } * ,�p�do .�'3l :S+�y'a+ k��.:: . ,yY" , �'z...d,¢¢ " ,� ?�',,��fk''i '(y��1��'?n"(���,}Jv.i,�,,t xr'•� {yyi1k+tr,. t1" ,•,1��.•�n�+..✓ �� �. e c !� < �'y�/'.',��." a � ,k.�°,µy7�:� �q4'�r may}. #►OUNCIL COMMUNICA TO. THE CITY COUNCIL DATE NO. FROM: THE CITY MANAGER'S OFFICE FEBRUARY 23, 1983 SUBJECT: POLICY IN REGARD TO EMPLOYMENT OF RELATIVES WITHIN CITY CLASSIFIED SERVICE In August 1973, Council passed Resolution 3805 establishing policy regarding employment of relatives within the City classified service. Since said time, a number of decisions and legislative amendments have a-sserted some doubt on the continued viability of said policy.. With the aforementioned in mind it is my recommendation that we rescind Resolution 11805 and that we enact a new resolution which is more in tune with the law as it is presently enacted. STEIN CITY ATTORNEY RMS :vc RESOLUTION NO. 3805 ESTABLISHING POLICY IN REGARDS TO EMPLOYMENT OF RELATIVES WITHIN CITY CLASSIFIED SERVICE WHEREAS, the employment of relatives• in certain circumstances, can create undesirable results, particularly in connection with evaluation of their progress, in disciplining their conduct, and in the deleterious effects upon morale where favoritism, real or imaginary, may exist. Therefore, be it RESOLVED, that the policy of the City of Lodi regarding the employment of relatives in the classified service be to deny approval, in the future, of 1. The employment of relatives in the same department, or 2. The employment anywhere in the City service of relativer-. of employees of the City Manager's office, 3. :The employment anywhere in the City service of relatives of Councilmen or Department Heads, and further be it RESOLVED, for purpose of this policy, the term "relatives" shall be defined to include a member of the employees' immediate family, meaning spouse, child, brother, sister, parent or parent -in-law, and further be it - RESOLVED. that present employees who fall under this prohibition shall not be terminated, nor is it intended to block the promotion- of current employees, and further be it RESOLVED, that wherever feasible adjusimer,ts in work assrgnrrients should be made so that relatives will not be P?aced in a supervisoru subordinate relationship. Dated: August 1, 1973 I hereby certify that Resolution No. 3805 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 1. 1973 by the following vote: Ayes: Councilmen - Ehrhardt. Katnich, Pinkerton, Schafer and Hughes Noes: Councilmen - None Absent: Councilmen - None r ;/ ,..rte � J•� . 3805 �. ;: RESOLUTION NO. ESTABLISHING POLICY IN REGARD TO EMPLOYMENT OF RELATIVES WITHIN CITY CLASSIFIED SERVICE AND THEREBY RESCINDING RESOLUTION 3805 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, Erospective 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 se;:ection of persons for a training program leading to employment in addition to the above -designated persons. Marital status is defined as an individual's state of marriage, non -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 child, brother, sister, parent or parent -in-law. Notwithstanding the above provisions, the City of Lodi retains the right: 1. To refuse to place one spouse or relative under the direct supervision of the other spouse or relatilfe where such has the potential for creating adverse impact on supervision, safety, security or morale. 2. To refuse to ,place both spouses or relatives in the same department, division, or fAcility where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest. Resolution 3805 is rescinded upon the adoption of this Resolution. DATED: RESOLUTION NO. 83-15 ESTABLISHING POLICY IN REGARD TO EMPLOYMENT OF RELATIVES WITHIN CITY CLASSIFIED SERVICE AND THEREBY RESCINDING RESOLUTION 3805 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. Marital status is defined as an individual's state of marriage, non -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 41100. Familial status is defined as the state of an individual's specific relatives working for the City of Lodi and shall include child, brother, sister, parent or parent -in-law. Notwithstanding the above provisions, the City of Lodi retains the right: 1. To refuse to place one spouse or relative under the direct supervision of the other spouse or relative where such has the potential for creating adverse impact on supervision, safety, security or morale.. M f 2. To refuse to place both spouses or relatives in the same department, division, or facility where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest. Resolution 3805 is rescinded upon the adoption of this Resolution. Dated: March 2, 1983 I hereby certify that Resolution No. 83-15 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 2, 1983. Ayes: Council Members - Murphy, Pinkerton, Snider, Olson, and Reid (Mayor) Noes: Council Members - None Absent: Council Members - None GCC a) / 7 hX44"'. Alice M. Reimche City Clerk 2