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06. Personnel Code amendment HUMAN RESOURCES CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3227. FAX: (408) 777-3109 SUMMARY Agenda Item No. lJJ Meeting Date: June 19, 2007 SUBJECT AND ISSUE Adopt a resolution amending the Cupertino Rules and Regulations of the Personnel Code to add limited term appointments. BACKGROUND As defined in the personnel rules, staff appointments are limited to two types of positions, regular or temporary. Regular positions staff ongoing services usually on a full-time basis. Temporary appointments may not exceed 1,000 hours per fiscal year. The proposed rules amendment provides the City with a third employment option when services are needed significantly beyond 1,000 hours but only for a specified period of time (typically up to two years). If approved, limited term positions may be used to staff specific projects or functions for which funding is limited or uncertain. For example, a two-year limited term Park Planner position has been proposed in the FY 2007/08 budget to staff the Stevens Creek restoration project. Another application is in Building Inspection where a heavy workload is anticipated for the next two years but is uncertain over the long term. The addition of limited term appointments would enable the City to efficiently and fairly staff certain positions. Limited term employees will receive staff benefits and will be advised of the length of employment prior to accepting an offer. Furthermore, such appointments are "at will" and end when funds are no longer available, or when the project workload is complete. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 07-JD..! adding limited term appointments to the Rules and Regulations of the Personnel Code. Submitted by: Approved by: ~ Sandy Abe Human Resources Director QJL David W. Knapp City Manager DRAFT RESOLUTION NO. 07-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE ADMINISTRATIVE RULES AND REGULATIONS OF THE PERSONNEL CODE TO ADD LIMITED TERM APPOINTMENTS WHEREAS the City Council desires to amend the Administrative Rules and Regulations of the Personnel Code. NOW, THEREFORE BE IT RESOLVED that the Administrative Rules and Regulations of the Personnel Code be amended as shown in Attachment "A" which is incorporated in this resolution by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of June 2007 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 07-108 ATTACHMENT A AMENDMENT TO THE ADMINISTRATIVE RULES & REGULA nONS OF THE PERSONNEL CODE SECTION 8 APPOINTMENTS f. Limited Term (CEA and Unrepresented only): The City Manager may make a limited term appointment when services are required for a specified period of time or for a specific project. Limited term appointments include but are not limited to: . Positions that have no long range funding or for which funding is uncertain. . A specific period of time not to exceed two (2) years, or for the life of a specific project where the funding source will exceed two (2) years but will cease at the end of the project. All limited term employees are subject to the same terms and conditions of employment that apply to regular full-time employees, except as provided in this section. Limited term appointments shall be made from current employment eligibility lists. Limited term appointments shall expire at the end of the specified term or conclusion of the specified project unless terminated earlier. Upon expiration or termination of the limited term appointment, the appointee shall have no further right to continued employment with the City. The City Manager shall have the authority to terminate a limited term appointment at any time when funds are no longer available, or when the project workload is complete. A limited term employee holds employment at will and may be released without cause and without right of appeal. 2