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HomeMy WebLinkAboutRESO 8009RESOLUTION NO. 8009 RESOLUTION OF THE COUNCIL PALO ALTO AMENDING SECTIONS OF THE MERIT SYSTEM RULES OF THE CITY OF 302 and 403 AND REGULATIONS REGARDING NEPOTISM NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Sections 302 and 403 of the Merit System Rules and Regulations is hereby amended to read as set forth on Exhibit "A:' attached hereto and incorporated herein by reference: SECTION 2. The changes provided for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. SECTION 3. project under the The Council finds that this California Environmental Quality is not a Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: November 13, 2000 AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, KNISS, MOSSAR~ OJAKIAN NOES: LYTLE ABSENT: ABSTENTIONS: APPROVED AS TO FORM: ~tJ\~ ~enior Asst. City Attorney Resources Services 001120 cl 0032372 EXHIBIT "A" 302. Nepotism. (a) Notwithstanding Section 301, no member of the immediate family of an active Council Member, or a designated employee, may become an employee during the term of that Council Member or the period of employment of the designated employee. This section does not apply to two members of an immediate family who are authorized to share a single position. (b) Notwithstanding Section 301, if a member of the immediate family of a City employee, other than a designated employee, becomes an employee within the same department, as that City employee, the following conditions to such employment arrangement shall apply: (1) No employee shall participate in any part of the hiring process when a member of the employee's immediate family is an applicant for a position with the City. (2) No employee shall participate in any part of the promotional process when a member of the employee's immediate family is an applicant for promotion within the City. (3) No employee shall be assigned as a direct supervisor of a member of the employee's immediate family. (c) No employee or designated employee shall employ, appoint, recommend for appointment or in any other manner participate or attempt to participate in the hiring, promotion, demotion, termination or discipline of any member of his or her immediate family. (d) For purposes of this section, the following definitions are in effect: (1) "Immediate family" means the spouse, parent, sibling or child of the employee. (2) "Employee" means an individual hired for hourly, regular full-time, regular part-time or contract employment, a director of a department or an individual serving as a member of a City board or commission. (3) "Designated employee" means an employee who is a Council- Appointed Officer or Assistant City Manager. It is hereby determined that, for business reasons of supervision, safety, security and morale, a member of the immediate family of such a designated employee may not be employed within the City. 001012 cl 0032394a 1 (4) "Department" means a department specified in Chapter 2.08 of the Palo Alto Municipal Code. 403. Termination; non-disciplinary action. (a) An employee may be terminated by the appointing authority at any time, for inability to perform the duties of the position. Regular employees shall be given a written statement of the reasons for such termination and may appeal such action in the manner provided in Section 1004. (b) If any employee and a Council Member or a designated employee become members of the same immediate family (through marriage or adoption), or if a member of an employee's immediate family is elected to the City Council or becomes a designated employee, one of the persons must leave City employment or elective office. If the two persons have not made a choice within 30 days of the establishment of the family relationship, or the election to office, or the assumption of the new position, the City Manager shall have sole discretion to choose which family member shall be terminated and shall terminate that person. If the relationship is between a Council Member and a City employee, the employee shall be terminated. (c) If two employees, other than designated employees, within the same department become members of the same immediate family (through marriage or adoption), the employees shall notify their department head and the Director of Human Resources. The department head and the Human Resources Department shall enforce the conditions of continued employment of the employees, which are set forth in Section 302 (b) of these Merit System Rules and Regulations. (d) Regular and part-time employees shall be given a written statement of the reasoris for termination unde~ this section and may appeal such action in the manner provided in Chapter 11. (e) For purposes of subsections (b) and (c) of this section, the definitions contained in Section 302(d) of these Merit System Rules and Regulations are in effect. 001012 cl 0032394a 2