CITY of ALBUQUERQUE
NINETEENTH COUNCIL
COUNCIL BILL NO. O-10-5 ENACTMENT NO. ________________________
SPONSORED BY: Brad Winter
ORDINANCE
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Amending Sections 3-1-2, 3-1-4, 3-1-6, 3-1-7, 3-1-13(E) and 3-1-14 of The Merit System Ordinance To Clarify The Intent To Create A Classified Service and Corresponding Pay Schedule Based On Merit; To Ensure That The Authority of The Chief Administrative Officer With Respect To The Employment of City Employees Is Limited To The Powers Conferred By The Charter and The Merit System Ordinance (Winter, Sanchez)
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AMENDING SECTIONS 3-1-2, 3-1-4, 3-1-6, 3-1-7, 3-1-13(E) AND 3-1-14 OF THE MERIT SYSTEM ORDINANCE TO CLARIFY THE INTENT TO CREATE A CLASSIFIED SERVICE AND CORRESPONDING PAY SCHEDULE BASED ON MERIT; TO ENSURE THAT THE AUTHORITY OF THE CHIEF ADMINISTRATIVE OFFICER WITH RESPECT TO THE EMPLOYMENT OF CITY EMPLOYEES IS LIMITED TO THE POWERS CONFERRED BY THE CHARTER AND THE MERIT SYSTEM ORDINANCE.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. Section 3-1-2 of the Merit System Ordinance is hereby amended to read as follows:
"§ 3-1-2 RESPONSIBILITIES OF THE CHIEF ADMINISTRATIVE OFFICER FOR PERSONNEL FUNCTIONS.
(A) The Chief Administrative Officer shall have the following responsibilities:
(1) To exercise leadership in and encourage the development of effective personnel administration within the departments, agencies, and special programs in the city service;
(2) To recommend changes to this article for consideration by the City Council;
(3) To approve Personnel Rules and Regulations prior to their final adoption and publication by the Director of Human Resources as provided in this article;
(4) To issue administrative instructions to provide policy and guidance in furtherance of and limited by the responsibilities of the Chief Administrative Officer specifically granted by this article;
(5) To approve a compensation plan as recommended by the Director of Human Resources for classified city employees consistent with other provisions of this article; and
(6) To designate a Deputy Chief Administrative Officer or a department head to assume the duties of the Chief Administrative Officer in the event of his or her inability to act or absence from the city.
(B) The power of appointment or promotion to a position in the classified or unclassified service of the city shall rest with the Chief Administrative Officer; provided that, in the absence of a written directive to the contrary signed by the Chief Administrative Officer, such power may be exercised by the administrative head of a city department, agency or special program for the positions within such department, agency or special program.
(C) Pursuant to and within the authority granted by the charter and this article, the Chief Administrative Officer shall have the following authority:
(1) To direct the work of City employees;
(2) To hire, promote, evaluate, transfer, and assign employees;
(3) To reprimand, suspend, demote or discharge unclassified employees and to reprimand, suspend, demote or discharge classified employees for just cause;
(4) To determine staffing requirements;
(5) To maintain the efficiency of the city government and ensure the carrying out of normal management functions;
(6) To take actions as may be necessary to carry out the mission of the city government in emergencies; and
(7) To manage and to exercise judgment on all matters specifically within his or her authority pursuant to the charter or this article and not prohibited by a collective bargaining agreement in effect between the city employer and an employee organization.
(D) The Chief Administrative Officer shall have no power or authority to appoint the Director of Council Services or to hire, promote, discipline or discharge the staff of the offices of the City Council, which shall be the responsibility of the Director of Council Services."
SECTION 2. Section 3-1-4 of the Merit System Ordinance is hereby amended to read as follows:
"§ 3-1-4 PERSONNEL BOARD.
(A) There shall be a Personnel Board composed of five members. Two members shall be appointed by the Mayor; they shall have significant management or personnel experience. Two members shall be selected by the employees by election and then appointed by the Mayor. The remaining member shall be selected by the other four members. All board members shall be persons who have resided in the city for a period of at least one year and shall not be elected public officials. All selections shall be subject to the advice and consent of the City Council. Board members shall serve two-year terms which expire September 1.
(C) Except as provided in this article, the qualifications, appointments, and conduct of the members of the Board and the organizational structure of the Board shall be governed by §§ 2-6-1-1 et seq."
SECTION 3. Section 3-1-6 of the Merit System Ordinance is hereby amended to read as follows:
"§ 3-1-6 THE CLASSIFIED AND UNCLASSIFIED SERVICE.
(A) All employees in the city service shall be divided into unclassified service and classified service. Elected officials and members of boards, commissions and authorities that are not employees of the city shall not be covered by the classified or unclassified service.
(B) The classified service shall be comprised of all employees except those who are specifically placed in the unclassified service.
(C) The unclassified service shall be comprised of the following:
(1) The Chief Administrative Officer and Deputy Chief Administrative Officers;
(2) Assistants to the Mayor, assistants to the Chief Administrative Officer and the secretary to the Chief Administrative Officer;
(3) The city's Public Information Officer and the secretary to the Mayor;
(4) The City Attorney, Assistant City Attorneys, City Clerk/Recorder, administrative heads of departments as established in the city's organizational structure, physicians, veterinarians, and the Director of the Office of Internal Audit and Investigations;
(5) Temporary and seasonal employees employed as such;
(6) Part-time employees employed for less than 20 hours per week;
(7) Administrative heads of agencies or special programs sponsored by the city and defined as unclassified by the Chief Administrative Officer;
(8) The Director of Council Services and the Attorney for the Council; and
(9) Any position designated as unclassified by the Chief Administrative Officer.
(D) Unclassified employees are employees at will and serve at the discretion of the Chief Administrative Officer, except for unclassified City Council staff, who serve at the discretion of the Director of Council Services. Such employees shall have no property interest in continued unclassified employment and may be dismissed for any or no reason.
(E) All employees, except as otherwise provided herein, in the classified service shall be entitled to all of the rights and benefits provided for by this article. All employees in the unclassified service shall be entitled to all of the rights and benefits to which classified employees are entitled except the benefits provided for in §§ 3-1-23, 3-1-24 and 3-1-25.
(1) Temporary and seasonal employees are not entitled to any of the rights and benefits of employment to which other employees are entitled under this article.
(2) Permanent employees employed for a regular work week of 20 hours shall be entitled to half the leave benefits authorized for full-time, permanent employees of the city; leave benefits shall be prorated for employees employed for a regular work week of more than 20 hours. Hours worked in addition to a regular work week shall not entitle an employee to additional leave benefits.
(3) Elected officials except as otherwise provided by this article or law, shall be eligible to participate in the retirement, paid life and medical insurance available to full-time, permanent employees of the city.
(F) The initial contract between the Mayor and the Chief Administrative Officer, including salary and benefits, shall be presented to the City Council for approval when the Mayor presents his selection for Chief Administrative Officer to the Council for advice and consent pursuant to the City Charter. The Mayor shall notify the Council of subsequent changes in the contract. The Mayor's employment benefits, other than salary, shall be reviewed and approved by the City Council annually as a part of the city budget."
SECTION 4. Section 3-1-7 of the Merit System Ordinance is hereby amended to read as follows:
"§ 3-1-7 EMPLOYMENT BY THE CITY.
(A) Every effort shall be made to fill vacant positions in the city with the best qualified candidate. All vacancies in classified positions will be advertised to all city employees, except probationary police, fire and corrections officers, but applications from persons outside of city employment may be considered at the same time.
(B) Subject to preferences required by law, preference shall be given in filling a vacant position of the same or lower grade for which an employee is qualified according to the following order:
(1) Employees reinstated as a result of administrative board or judicial action as ordered;
(2) Employees returning from active duty in the military;
(3) Employees transferred pursuant to § 3-1-2(C) of this article;
(4) Employees returning from physical layoff;
(5) Nonprobationary employees returning from layoff;
(6) Employees notified of layoffs; and
(7) Employees returning from authorized absence from work without pay.
(C) Employees who have held a classified position with the city for more than ten years prior to serving in an unclassified position shall be allowed to return to a classified position. The position and the compensation of the employee returning to classified service shall not be determined prior to the time the employee leaves unclassified service. The CAO shall place and compensate the returning employee according to the classification and compensation plan of the classified service in place at the time the employee returns to the classified service.
(D) The Director of Human Resources, with the approval of the Chief Administrative Officer, shall have the sole authority to place employees who are granted a preference in this section in positions for which they are qualified.
(E) Preference for placement, except for employees returning from active duty in the military or placement resulting from administrative or judicial action, shall end one year from the date that the preference was created.
SECTION 5. Section 3-1-13(E) of the Merit System Ordinance is hereby amended to read as follows:
"(E) No vacation time may be accrued or accumulated by classified or unclassified employees or officials except as provided by this section or as provided by a collective bargaining agreement entered into consistent with §§ 3-2-1 et seq., Labor- Management Relations."
SECTION 6. Section 3-1-14 of the Merit System Ordinance is hereby amended to read as follows:
"§ 3-1-14 SICK LEAVE.
(A) Permanent city employees on a regular work week of 40 hours will accrue sick leave at the rate of 3.70 hours biweekly with a maximum accumulation of 1,200 hours allowed. Employees on a regular work week of over 40 hours shall accumulate additional sick leave both biweekly and maximum accumulation on a basis proportional to the 40-hour week. Permanent employees employed for a regular work week of 20 hours shall be entitled to half the leave benefits authorized for full-time, permanent employees of the city; leave benefits shall be prorated for employees employed for a regular work week of more than 20 hours.
(B) Sick leave will accrue on a biweekly basis from the date of current, permanent, full-time, probationary or non-probationary employment. Hours worked in addition to a regular work week as listed above shall not entitle an employee to additional sick leave accumulation.
(C) Pro-rata conversion to cash payment or to vacation time of sick leave exceeding certain accumulations will be provided for in the Personnel Rules and Regulations. Pro-rata or full conversion of sick leave to early retirement will be provided for in the Personnel Rules and Regulations. Personnel Rules and Regulations providing for conversion to cash payment or to vacation time of sick leave exceeding certain accumulations shall be the same for classified and unclassified employees.
(D) Proper and reasonable provisions for controlling and verifying the use of sick and emergency leave will be established in the Personnel Rules and Regulations.
(E) In the event that collective bargaining agreements make reference to sick leave benefits, the reference will be to the ordinance as it was in effect at the time the agreement was ratified.
(F) No sick leave may be accrued or accumulated by classified or unclassified employees or officials except as provided by this section or as provided by a collective bargaining agreement entered into consistent with §§ 3-2-1 et seq., Labor- Management Relations."
SECTION 7. SEVERABILITY CLAUSE. If any section, paragraph, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 8. COMPILATION. This ordinance shall be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 9. EFFECTIVE DATE. This ordinance shall take effect five days after publication by title and general summary.
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