HomeMy WebLinkAbout0524.092Nov.mber 19, 1992
THE HONORABLE CITY COUNCIL
Palo Alto, California
5
Amendment to CitY of Palo Alto Municipal Code -Ordinance Deleting ChaQter 2.24 @Em of
Compensation Rrierees) an.d Amendin~ Sect jon 2 08 205 and 2 08JllQ(6) (De.wtmenL of
Py:ionnel).
Members of the Council;
Report in Brief
AtJaclJed for Cooncil approval is an Ordi!l3l1ce deleting Chapter 2.24 (Board of Compensation
Refen:es) and amending Sections 2.08.205 and 2.08.020(6) of L'le Palo Alto Municipal Code
("PAMC"). The City of Palo Alto's Worker's Compensation Program is under the direction of
State law, generally, California Labor Code, Division 4-4.7, as from time to time may be
amended (the "Worker's Compensation bw"). The Labor Code renders Chapter 2.24 of the
PAMC in conflict with current S!ate 13\\',
Bac!qround
Chapter 2.24 (Board of Compensatioo Referees), of the PAMC was originally adopted in 1963.
SinC"',.e that time, California "Worker's Compcnsa.tion Law" has been dramatically refonned; the
most recent reformation occurring in 1989. The Califorrja. Labor Code, Division 4-4.7, as from
time to time may be amended, known as the "Wo:ker'!. Cmr.pensation Law" prescn"bes the
manner and proc<durcs in which the City of Palo Alto', Worker's Compensation Progr.un
operates and is administered.
The City of Palo Alto has been granted. Certi.fica" of Con""'t to Self-Insure by the Director
of Industrial Relations under the prOvisions of Sections 3700 to 3705, inclus£ve, of the Labor
Code of the State of Califorrua. since January J, 1979. The Human Resources Department is
directed und", Section 2.08.205 (.)(8), of the PAMC, 10 coordinate and adrrJoister the Worker's
Compensation Program. In accordance with California Labor Code Chapter 4.5, Division of
Industrial Accidents, the City of POlIo Alto~s Worker's Compensation Program must comply with
CMR:524:92
•
. \.'
. -.~-
the Deparunel\t of Industrial Relations, Administrator Director's Rula and is subject to .uthority
of the Office of Benefit Assistance and Enforcemer.t. Additiona]iy, the Worker's Compensation
Appeals Board is the fir-al authority regarding dedslons affecting the Worker~s Compensation
Law.
Adoption of this ordinance would pennit the City of Palo Alto to oomply .. ith the California
Worker', Compensation Law as set fanh in the Labo< Code by deleting C~ 2.24 of the
PAMC, which is no king ... valid, and amending Sections 2.08.205 and 2.OS.020(6).
Sraff m::ommends Council approval of the atta.;;hed Ordirutllce deleting Chapter 2.24 (Board of
Compensation Ref=) and amending Sections 2.08.205 and 2.0S.020(6) of the Palo Alto
Municipal Code.
Respe<:tfuIly ,ubmitted,
"l?t~;(~.l1./.!}' ~!'-1L--
RANDAll P. RAFOTH ' HV;;;;R7:
JAY c, ROUNDS
IYll"eCtor I Human Resources
Interim City Manager
Attachment: Ordinance
CMR·.524:92
-.
.. ~;....;:..------. ..:-----
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF TIiECfn OF PALO ALTO
~"NDING SECTIONS 2.08.~20 AND 2.08.205 AND
DELETING ~TER 2.24 OF THE PALO ALTO M'JNICIPAL
CODE RELATING TO Ant<olINISTRATICN' OF '!'HE 'r;"ORKERS'
COMPENSATION PROGRAM
~dBREAS~ workers' compensation in the Stdte of California
is '..mder the direction of the california Labor Code. Divisions 4-
4.7 {the ·Workers' Compensation Law~); and
WHEREAS. pursuant to Section 22 of the Charter of the City
of Palo Alto, '\III'hich provides that "[Tl he council may appoint a
board of compensation referees to act upon all claims against the
city arising under the workmen' e compensation provisions of the
Labor Code of the State of California-, the City enacted Chapter
2.:24 of the Palo Alto ~icipal Code, to e9tablish a Board of
Compensation Referees; and
WHER.BAS. because many 0::' the provisions of Chapter 2.24 are
either in conflict'. with the Workers' compensation Law or have been
made unnecessary as the .t·~sult of recent amendments to the Workers'
Compensation Law/ the Coun~il desires to delete Chapter 2.24 and to
amend othel: provisions of the Palo Alto Municipal Code relating
thereto.
NOW, THBREFORB~ the City Cou~cil of the City of Palo Alto
does ORDAIN as follows:
SECTION 1 Section 2. OS. 020 [Approval ot Ci ty ~..anager' s
Appointments] of the Palo Alto M~icipal Code is hereby amended to
read as fallows:
2.08~020 Approval of city-~ger's appointments. +~+
Appointments to the following positions shall be made by the city
manager with the approval of the council:
As~istant ci~y manager;
Director of f_inance;
Chief of police;
Fire chief;
Director of information resources;
Director of ~eFeenRel 8eF.i~~ human reeourcasj
Director of planning and community environment;
Director of utilities;
Director of public worxs--city engineerj and
Director of e-ee-iiH----a-ft6 community ser.rices.
SECTION 2. Section 2.08.205 [Department of personnel] of
the Palo Alto MUniCipal Code is hereby amended to read as follows:
:2.0&.20S Department of J'ersoB:f1el, b-uman. reaources. -+-a--r The
department of peFsennel human re&ouroes shall be under the
s'llpervisicn of a director of ~eFBenliel eEf'Vlees 1rumari resources -...1':1.0
1
92J1171&dI030S68
; ~.
o
shall be accountable to the city manager. The duties of the
director of ~eFseftAel ~ r980urcee shall be as follows:
~~~~r To be responsible for the management and
administration of the personnel program in accordance 'Wi th the
r~les and regulations established in the ~erit syste~;
*r~i To administer CODtrol procedures for the
recruitment'~"" employmez;;.t and promotion of personnel of the city;
-f3-t-',t~" To follow such pereonnel procedures and practices
as may be approved by the city ma~~ger;
+4-t--'1~Y To advise and assist the city manager l.n the
preparation 61 -wage scales for recommendation. to the counr:il i
~~jl To prepare and maintain such job and position
classificat'i'O'ns and specifications as may be required;
~~~~ To keep and maintain complete personnel records;
+~"'TJg:j To coordinate such employee safety programs as may
be dire.cted "'by the city manager;
-+e+Jl:j;~·. To coordinate and administer the we_)e:et:::e' 9 ttcrke.rs"
co:npensation" progriELl!\ as eifeet::ee 13) t:he 5sazoa at eetRfoeftsat:ie.a
f_fe~eee:;
-+9"'F(;i:i-: To. coordinate a.nd adn'inister such employee-in-
service training programs as may be directed by the city manager;
+s·e .. t§(~') To perform all dutiel9 defined in the merit system
and Buch ot.he:F duties as may be reql1ired ef hi",.
~lkl To establish procedures for t.he operation of the
city's insura.nce ~l:Il ieiee program and to keep the city manage~
advised as too the stat.us of ··the program a-Ra e~i£ati:OP.." ef i3l;lch
!'elieiee.
~IQN 3. Chapter 2.24 [Board of Compensation Referees]
of the Palo Alto Municipal Code is bereby deleted.
If..'TRODUCED
PASSE!):
AYES:
NOES:
ABSBN'r:
ABSTENTIONS:
2
,
•
ATTl!ST: APPROVED:
City Clerk: Mayor
APPROVED AS TO FO~~:
C"i~t-y-~Ma~n-a-9-e-r----------
Senior Asst. City Attorney
Director of Human Resources
Director of Finance
3
!'