City council may by ordinance establish a system of personnel
rules and policies, governing the terms of employment of any or all
employees of the City.
The personnel rules and policies may govern, without limitation,
the following aspects of the personnel system:
(a) Classification of employment by employment position between exempt
and non-exempt appointments, and determination of "at will" categories
of employment positions.
(b) The preparation, installation, revision and administration of a position
classification plan covering all positions in the competitive service.
(c) The preparation, installation, revision and administration of a plan
of compensation corresponding to the position classification plan,
providing a rate or range of pay for each class.
(d) The public announcement of examinations and application for and acceptance
of applications for employment and establishing of criteria related
thereto.
(e) The preparation and administration of examinations and the establishment
and use of resulting employment lists containing names of persons
eligible for appointment.
(f) The certification and appointment of persons from employment lists,
and the making of temporary, emergency, and provisional appointments.
(g) The establishment of hours of work, attendance and leave regulations,
training programs, benefits, conduct guidelines and other conditions
of work.
(h) The evaluation of employees during the probationary period and at
periodic intervals.
(i) The transfer, promotion, demotion, reinstatement, separation, or
any other change of status of employees in the competitive service.
(j) The discipline of employees.
(k) A system or systems for submission to and review by the personnel
board, city manager, city council, personnel manager or other designated
person or persons, of designated types of discipline and personnel
decisions, for fact-finding, recommendations, final decision or other
designated purposes or effects.
(l) The system for any employee-selected board members to be elected
and for the board to conduct its business established by the personnel
rules.
There shall be a personnel board consisting of five members,
unless the city council by ordinance provides for a different number
of members, or provides for the discontinuance or dissolution of the
personnel board entirely, in favor of some other board or alternative
procedure for the review and recommendation of issues arising under
the personnel system. Notwithstanding any other provision of this
Charter to the contrary, none of the members of the personnel board
may be employees of the City, and the rules and regulations for appointment
of members to the personnel board shall be as determined by ordinance
of the city council. The personnel board may meet with and receive
advice from the city attorney, as it or the city attorney may deem
necessary. The personnel board shall have the following powers and
duties, which powers and duties may be modified by ordinance of the
city council:
(a) Conduct hearings in accordance with personnel rules and policies
adopted by the city council, and make findings and recommendations
thereon.
(b) Make recommendations to the city council on amendments to the personnel
rules and policies.
(c) Conduct investigations regarding hearings pending before it.
(d) Have the power to compel the attendance of witnesses and the production
of documents by way of subpoena, and to examine witnesses appearing
before it.
(e) Perform other duties specified by the city council not inconsistent
with this Charter.
City council may by ordinance establish rules and regulations
governing the presentation and hearing of protests, grievances, or
questions arising under the personnel system before the personnel
board. Any person aggrieved by any action of the personnel board may
appeal such action to the city council, according to procedures which
shall be established by ordinance. The decision of the city council
in any such appeal shall be final.
The City may enter into any contracts or collective bargaining
agreements with its employees, and shall meet and confer with the
duly authorized representative of such employees regarding wages,
hours and other terms and conditions of employment to be included
in any such agreement. If any provision of the general law of the
State of California imposes a mandated benefit for employees of general
law cities, then so long as that benefit is so mandated for employees
of general law cities, the same benefit shall be extended to all employees
of the City that would otherwise qualify for the benefit under the
general law.
Plenary authority under this Charter shall be vested in the
City and the city council, and by delegation of the city council,
to its several officers, agents, and employees, to do all acts and
exercise all authority granted, permitted, or required to enable the
City to continue as a contracting city under the Public Employees'
Retirement System.
City Council may terminate the contract with the Board of Administration
of the Public Employees Retirement System only as provided herein.
City Council may initiate proceedings for termination of the contract
with the Board of Administration of the Public Employees Retirement
System by passage of a resolution of intention to do so, and not less
than one year after passage of the resolution of intention, by placing
an ordinance ordering the termination of the ballot for a vote by
the People of Palm Springs. Any action to place such an ordinance
on the ballot shall require a vote of two-thirds of the membership
of the City Council. If the ordinance is passed by a majority vote
of the voters voting in an election on the question, the City Clerk
shall forward a certified copy of the ordinance so approved to the
Board of Administration of the Public Employees Retirement System
for processing and finalization of the termination.
No person holding or retaining any elective public office, and
no person holding any appointed office whose duties are incompatible
with the duties to be discharged for the City, shall be eligible for
appointment as city manager, city attorney, or a member of any appointed
board or commission. No person shall be eligible for appointment as
city manager, city attorney, or a member of any appointed board or
commission who is a relative by blood or marriage within the third
degree of any one or more members of the city council. The city manager,
respective department heads, and all other persons empowered by this
Charter or ordinance to appoint any person to any appointed position
in the City government shall not appoint any person who is a relative
by blood or marriage within the third degree of the person making
the appointment.
No member of the city council, department head or other officer
of the City (except a member of any board or commission), shall be
financially interested, directly or indirectly, in any contract, sale
or transaction to which the City is a party. No member of any board
or commission shall be financially interested, directly or indirectly,
in any contract, sale or transaction to which the City is a party
and which comes before the board or commission of which such person
is a member for approval or other official action or which pertains
to the department, office or agency of the City with which such board
or commission is connected. Any contract, sale or transaction in which
there shall be such an interest, as specified in this section, shall
become void at the election of the City when so declared by resolution
of the city council. The general laws of the State of California shall
be used in determining what constitutes a financial interest for the
purpose of this section, which general laws may be supplemented or
modified by regulations of the city council adopted by ordinance.
If any member of the city council, department head or other officer
of the City, or member of a board or commission shall be financially
interested as aforesaid, upon conviction thereof he or she shall forfeit
his or her office in addition to any other penalty which may be imposed
for such violation of this Charter. No city councilmember, department
head, or other officer or employee of the City shall engage in any
employment activity or enterprise which is inconsistent, incompatible,
or in conflict with his or her duties with the City. City council
may, by ordinance, resolution, or regulation, adopt rules for determining
those outside activities which are inconsistent, incompatible, or
in conflict with the official duties for the City for the various
offices or employment positions involved.