imageEXHIBIT A

 

AMENDMENTS TO PCC CHAPTERS 3.15, 3.57, 3.58, TITLE 4 AND 5.08.100

 

Section 3.15.050 is amended as follows:

 

3.15.050 Bureau of Human Resources.

 

A.  The Bureau of Human Resources shall be supervised by a director and shall include such other employees as the Council may provide. The responsibilities of the Bureau of Human Resources shall include coordination and control of the administrative and technical activities relating to maintenance of a comprehensive human resources system for the City, including employee relations, labor negotiations, training, employment services, classification, compensation, affirmative action and diversity development, workforce development and employee benefits. and service improvement initiative.

 

B.  The Director of Human Resources shall formulate, administer and monitor administrative rules approved by the Council or the Chief Administrative Officer, including provisions for:

 

1.  Recruitment, examination, certification and appointment on the basis of applicants’ knowledges, skills and abilities.

2.  Classification and compensation.

3.  Employee behavior and expectations.

4.  Disciplinary guidelines with notice to employees of prohibited practices.

5.  Employee training and development.

 

C.  In accordance with Oregon law, the Director of the Bureau of Human Resources or his/her designee, on behalf of the Council, may enter into agreements with labor organizations, recognizing their exclusive representation of specified classifications within City service.

 

D.  Dispute Resolution.

1. The Human Resources Director or designee(s) is the official interpreter for the City pertaining to its collective bargaining agreements and any other written compensation and benefits plans and personnel policies established by the Council.

 

2. The Commissioner-In-Charge of a bureau shall retain the right to hear individual grievances and or concerns on a case by case basis. In settling such grievances and or concerns, the Commissioner-In-Charge shall do so with the advice and consent of the City Attorney and the Human Resources Director.

 

3. If the Commissioner-In-Charge of a bureau does not retain jurisdiction of a grievance and or a concern within one week of receiving the issues, then the Human Resources Director shall automatically have jurisdiction to settle the issue.

 

4. Provision for resolution of disputes is as follows:

 

a. Within one (1) day following the filing of a written grievance under a collective bargaining agreement, or other written personnel policy adopted by Council, the bureau or department recipient of the grievance shall provide a copy to the Human Resources Director of the written grievance or other appeals document. During the investigation of grievances the Human Resources Director or designee(s) shall be an agent of the Office of the City Attorney for purposes of representing the City.

 

b. Where a grievance or complaint by a nonrepresented employee or settlement thereof would require payment of a claim for wages or other monetary benefit, the supervisor, division head manager or bureau head director responding to the grievance shall confer with the Human Resources Director or his or her designee before any promise is made to accept or adjust the claim in settlement.

 

c. Where the claim is for wages or other monetary benefit not exceeding $ 5,000 per claimant, the supervisor, division head manager or bureau head director, with the approval of the Commissioner-In-Charge of the bureau and of the Human Resources Director may accept or adjust the claim in settlement on behalf of the City, where settlement is deemed prudent and appropriate, provided that:

 

(1) The Human Resources Director authorizes the settlement in writing and gives written notice to the payroll division or to the benefits program manager involved to draw and issue a check not exceeding $5,000 per claim for the settlement expense, charged to the appropriate center code, account number or fund;

 

(2) Payments which are an exception to Section 5.08.020 of the Code, which requires payroll checks to be drawn only for services rendered, shall be made only when the Human Resources Director determines such payment to be in the best interests of the City and the Office of the City Attorney approves. This Section shall be narrowly applied.

 

(3) The Office of the City Attorney reviews and approves the settlement agreement as being not in conflict with State or federal laws, applicable ordinances, and collective bargaining agreements pertaining to conditions of employment.

 

d. Where a settlement agreement provides for payment of claims for back wages or other monetary benefit in an amount exceeding $5,000, the settlement shall not be authorized or enforceable unless approved by the City Council by ordinance.

 

e. The CAO or designee is authorized to investigate informal reports of employment discrimination, in accordance with Section 3.15.080 B. 2. a. 5., where applicable. During the investigation of reports, the CAO or designee(s) shall be an agent of the Office of the City Attorney for purposes of representing the City.

 

f. The Human Resources Director will file a report to Council 2 weeks after the end of each month with respect to the settlements entered into pursuant to this section.

 

E.  The Director of the Bureau of Human Resources shall establish objectives for the Bureau of Human Resources and develop a plan for accomplishing these objectives and carrying out the mission of the Bureau of Human Resources.

 

F.  Mayor to Appoint Acting Officers in Certain Cases

 

Whenever a vacancy occurs in an office, other than that of the Mayor, a Commissioner or the Auditor of the City, to which the Council may appoint an incumbent, the Mayor is hereby authorized to appoint some suitable person having the qualifications required by the Charter and ordinances to serve as an acting officer for such positions until such time as the Council shall have met and made an appointment to fill the vacancy. Whenever the incumbent of any such office, other than that of the Mayor, a Commissioner or the Auditor of the City, is sick, absent, or otherwise unable to serve, the Mayor is hereby authorized to appoint some suitable person having the qualifications required by the Charter and ordinances to serve as an acting officer for such positions until such time as the incumbent shall be able to serve or until the Council shall have met and appointed someone to serve during such absence, sickness, or other disability. Each person appointed as an acting officer under the terms and provisions hereof shall have and exercise during his/her term of service all of the power and authority which attaches to the office.

 

G.  The Human Resources Director shall design, manage and administer a comprehensive and

competitive Classification Plan and Compensation Plan. The Council shall fix the salaries of

all officers, agents and employees of the City.

 

H.  The Director of Human Resources and the Benefits Manager shall design, manage and

administer a comprehensive, competitive and compliant benefits package, as approved by

the Council, including provisions for:

 

1.  Medical, dental and vision coverage

2.  Dependent Care Assistance Plan

3.  Medical Expense Reimbursement Plan

4.  Life Insurance

5.  Long-Term Disability

6.  Employee Assistance Program

 

Such provisions shall include employee participation eligibility and enrollment, claims management, procedures for record keeping and responsibility for all applicable reporting and disclosure requirements.

 

 

 

Chapter 3.57, Industrial Injury Return to Work Policy, is repealed.

 

Chapter 3.57, Industrial Injury Return to Work Policy

 

Chapter 3.58, Vehicle Loss Control Policy, is repealed.

 

Chapter 3.58, Vehicle Loss Control Policy

 

Title 4, Personnel, is repealed and incorporated into the Human Resources Administrative Rules and Section 3.25.050 of the City Code.

 

Title 4, Personnel

 

Section 5.08.100, Rules for Travel and Miscellaneous Expenses, is repealed.

Section 5.08.100, Rules for Travel and Miscellaneous Expenses