Ordinance No. 2,023Id
ORDINANCE NO. 2023
6''i
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 2 --"ADMIN-
ISTRATION," ARTICLE IV, RULES FOR CITY EMPLOYEES, SO AS
TO REPEAL THE PROVISIONS THEREOF AS PRESENTLY CONSTI-
TUTED; ADOPTING "CITY OF BAYTOWN PERSONNEL RULES" DATED
MAY 27, 1976; PROVIDING A REPEALING CLAUSE AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by amending Chapter 2 --
"Administration," Article IV, Rules for City Employees, by
repealing the provisions of Article IV as they presently
exist.
Section 2: Those certain rules entitled "City of
Baytown Personnel Rules," dated May 27, 1976, prescribing
rules, policies and procedures concerning employees of the
City of Baytown, of which no less than three (3) copies have
been and are now on file in the office of the City Clerk of
the City of Baytown are hereby adopted. A copy of said
rules is attached hereto, marked Exhibit "A," and incor-
porated as fully as if set forth at length herein.
Section 3: Savings Clause: If any provision, section,
exception, subsection, paragraph, sentence, clause or phrase
of the aforesaid "City of Baytown Personnel Rules" or the
application of same to any person or set of circumstances,
shall for any reason be held unconstitutional, void or
invalid, such invalidity shall not affect the validity of
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the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end
all provisions of the Personnel Rules of the City of Baytown
are declared to be severable.
Section 4: Effective Date: This ordinance shall take
effect from and after its passage by the City Council of the
City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown, this the 10th day
of June 1976.
TOM GENTRY' M6yor
ATTEST:
EILIEN P. HALL, City Clerk
APPROVED:
FEEL 7CHARDSON, City Attorney
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E X H I B I T "All
67 9
CITY OF BAYTOM
P E R S O N N E L R U L E S
MAY 27, 1976
6
CHAPTER It
PROBATION
�. Probationary Period 1 8
Purpose 2 8
Failure of Probation 3 8
Appeal of Failure of Probation It 8
i
TABLE, OF CON'1 2NTS
CrLfd'TER 1
Section
Pane
INTRODUCTION
Objective
1
1
Equal Opportunity Policy
2
1
Applicability
3
1
Dissemination
It
2
Amendment
5
2
Division of Responsibility
6
2
CI AP`l' EER 2
NLTHOD OF FiUTDIG VACANCIES
Vacancy Identification
1
3
Announcement of Vacancies
2
3
Promotion Policy
3
3
Temporary Promotions
4
3
Tra,: ,fors
5
3-4
Nondisciplinary Demotions
6
It
Applications
7
4
Evaluation
8
i+
Disqualification
9
1E-5
Referral. and Selection
10
5
CHAPTER 3
APPOILIiMMT
Authority
1
6 -
Basis
2
6
Type
Maergency Temporary Appointments
1
6
Nepotism
5
6
Residence
6
6
Medical Examination
7
7
CHAPTER It
PROBATION
�. Probationary Period 1 8
Purpose 2 8
Failure of Probation 3 8
Appeal of Failure of Probation It 8
i
w
t
CWTEER 5
Section 11'ar,7
PERFOMMANCE EVALUATIOI.1
Performance Evaluation Report• 1. 9
Purpose 2 9
Counseling 3 9
Reconsideration 11 9
CHAPTER 6
CL.ASSIFICATIWN
Plan Preparation and 16,aintenance 1 10
Effect of Reallocation 2 10
Official 'T'i'tles 3 10
CHAPTER 7
C01,1PE_TSATTON
Basis 1 11
Administration of Range/Step Salary Schedules 1 .11-12
Overtime 3 12
Insurance and. Retirement 1t 12
Longevity 5 12
CHAPTER 8
ABSENCE
Holidays
Vacation
Sick Leave
Military Leave
Emergency Leave
Administrative Absence with Pay
Authorized Leave idithout Pay
Absence Without Leave
Pregnancy and Maternity
Injury on -the Job
CHAPTER 9
1
13
2
13-14
3
15
11
16
5
16
6
16
7
16
8
16-17
9
17
3.0
3.7
CONDUCT
Attendance
1
18
Work Standards
2
18
Political Activity
3
18
Solicitation
1t
18
Outside Employment
5
19
Physical Fitness
6
19
Perso n.,L Z. Appearance
7
19
Financial Obligations
8
19
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CHAPTisM 13
PERSONNEL FILES AND REPORTS
Personnel Files 1 25
Status Changes 2 25
Personnel Reports 3 25
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CH1':F".lUR 10
Section
Pane
DISCIPLINE,, A!"PEALS, AND GRIEVAiiC S
Grounds for Disci.plwnary Action
1.
20
,�
Types of Disciplinary Action
2
2O'
l •;
jiritten Reprimand
3
20
Suspenolon
4
20-21
Reduction in Pay
5
21
Demotioi,
&
21
Dismissal
7
21.
Appeal of Disciplinary Action
8
Pl-22
Grievance Procedure
9
22
CiihpliER 11
NONDISCIPLINARY SEPARATION
Resignation
1
23
Layoff
2
23
Incapacity
3
23
.Retirement
1E
23
CHAPUM 12
REMSTATMENT
Following Layoff
1
21{
Following Separation for Incapacity
2
24
Veterans
3
24
Restoration of Seniority Credits
h
24
CHAPTisM 13
PERSONNEL FILES AND REPORTS
Personnel Files 1 25
Status Changes 2 25
Personnel Reports 3 25
iii
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CITY OF LI_Y'.OI.-;!
SOil;lEL RUL'x
CIU:P` ER 1.
,tea
I117110DUCTION
Section 1. Objective
'ibese rules are desi„red to bring to the Ci service a high degree of
understanding, cooperation, eff:i.c:i.ency, and v_Aty through sy:sfieraat.Lc ,
uniform application of modern per .onnal prac tice:i. Objectives of the
City personnel ins nagement system, which inclue1es these rules, are:
a. to promote and increase efficiency, responsiveness to 'the
public, and economy in 't:he City ser -,-ice;
b. to provide fair and equal opportunity for qualified persons
to enter and progress in the City service in a manner bas�:!d
on merit and fitness as ascertained through fair and practical
personnel management methods;
c. to maintain recruitment, advancement, and tenure practices
enhancing 'the attractiveness of a City career and encourag-
ing each employee -to give his or her best effort to the City
and the public;
d. to maint-ain consistent, up-to-date position classification
and compensation plans based on the relative duties and respon-
sibilities of jobs in the City service;
e. to promote high morale among City e.,:ployees by fostering good
working relationships and by providing uniforn personnel
policies, opportunities for adveneement, and consideration_
of employee needs and desires.
Section 2. ERual. Opportu::ity Policy
Affirmative action shall be taken to ensure equal employment opportunity in
the City service. Discrimination against airy person in recruitment, examina-
tion, appointment, training, promotion, discipline, or any other aspect of
personnel administration because of political or religious opinions or
affiliations, membership or nonmembership in employee organizations, or
because of race, color, national.origin_, marital status, or other nonw!cit
factors is prohibited. Discrimination on the basis of age or sex or physical
disability is prohibited except where specific age, sex, or physical require-
ments constitute a bona fide occupational qualification necessary to proper
and efficient administration.
r
Section 3. Auplicability
These rules apply to all City employees exce:st ~here inconsistent with
the proper application of the ;tate -Firemen's and Policemen's Civil Service
Law. A person on retainer or under contract is not considered to be a
City employee in the absence of a specific agreement to that effect.
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Section 4. Disserl inwtion
All City employees shell be informed of the e:_istence of these rules.and
each departr,ent shall keep a copy available for .reference by its employees.
Section 5. Amendment
These rules may be chaired, supplemented, or superseded mit any time as
provided by 'the City CouncUL.
Sec `ion 6. Division of Responsibility
With the exception of matters reserved 'to the City Council, the general
and final autho-rity for personnel management rests with't hl e City Manager.
The Personn:l Director is delegated the responsibility for developing,
administering, and interpreting personnel policies and procedures as they
apply to all depart pents and employees, subject to review and approval by
the City Manager. The Personnel Director shall advise management in' all
areas of personnel administration, including employee -management relations,
training and career development, and employee health, safety, and morale.
Each department head is responsible for enforcing the provis':ons of these
rules and related policies and procedures by cooperating with the Personnel
Director on all matters pertinent to hi, or her department.
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Ci:.N.r'.:'k-R 2
METHOD OF FILL'£:�G VACA111C lES
81
Sect -ion 1. `l2CuiSC�y S�LErit:LflCaf .C^
Department het3.C's shall notify the Personnel. Director when vacanc.Les occur
r. I
or are imminent by using personnel requisition forms provided for the
purpose.
:sect Ort ? . Ann--, unce`?ent; o1. VEtca_rc-7 es
The Pt.rsonnel Director shall public'. y annouz:ce by appropriate means all
vacanc.-Las to be filled in the City service by other than a&-inis"Ira Live
transfer, temporary promotion, or reinstatement and shall maintain a list
of annoLLicea vaca neles for public ins-nect'loI:.
Each announcement, insofar as practicable, ,hall specify the -title, salary,
and nature of 'the job; 'the required qualifications; whether competition is
open to the general public or restricted to City employees; the type of
selection procedure to be utilized; and the deadline for and method of
application. Each anzouncenent shall contain a statement affirming City
commitment 'to a policy of equal employment opportunity.
Sect -Lon 3. Promotion Pol.L(Y.
A promotion is the assignment of an employee from a position in one class
Jto a position in another class having a higher maximut:I salary.
`-� It shall be City policy to provide promotional opportunities whenever
possible. A selection process may be limited to qualified City employees
or such empl.oy&�s may be givers preference in application and/or considera-
tion. Opportunities for promotion across organizational lines scall be
maximized.
Section h . Te* or..�v Promotions
The City Manager may authorize a temporary promotion to ensure the proper
performance of City functions if a position is vacant or its regular in-
cumbent is absent. Tployees so promoted shall be additionally cormensated
for 'the duration of their temporary assignments in amounts to be determined
by the City 14anager.
Temporary promotions shall not be used to circumvent normal selection pro-
cedures. The employees involved shall not acquire any status or rights
in the classes to wh':ch temporarily promoted except as provided above.
Nothing herein shall be construed to prevent the assignment of higher -
OF
level duties to an e n l.oyee without additioral compensation. Authorized
additional compensation shall be paid only in cases of formal temporary
promotion effected in accordance with these rules.
Section 5. Transfers
A transfer is the wssi nsvent of ar. employee :from one position_ to another.
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A transfer not involving promotion or demotion may be effected at any
time for acb:i::ni:st-.cative convenience or upon recluest of -t:he employee -to
the departme__t head, if intradepartmental, or the Ci -'k -,y Idana� cr, prov:i deci
that tl;o is ati lified to _ -i-for::: the duties of the position to
which transfer is contemplated.
f
Transfers may be made administratively or in conjunction with an annottncf�-d
selection process. Transfers between classes or between dE partnents shp l
becoit:e effective following approval by -the Personnel Director and City
Manager.
Section C. 11ottdiscinl.inf.try Demotions
A demotion is the ass!gi-iraent of an employee from a position in one class
to a position in another class hava_?v a low-ar i'_' xii-101 ? sa?a,ry.
With the approval of the City Ma rager and if qualified to perform -the
duties of the Lower level position, an employea may be adraini�>trativ� ".z-
demoted at his or her own request or as an alternative to layoff. Such
demotions shall not be considered disciplinary actions or disqualify -the
employees involved from consideration for .later advancement. Demotions
effected as alternatives to layoffs may be fully or partially rescinded
at any time.
Section 7. Y_i c;_tions
Applications for initial employe:.::tt, promotion or other type of transfer,
and reinstatement shall be submitted as prescribed by the Personnel
Director. Only applications officially received in the prescribed
manner shall be considered.
All informna'.i.on submitted in connection with applying for City positions
is subject to verification.
Section 8. Evaluation
The Personnel. Director shall determine 'the most appropriate means of
evaluating applicants against job requirements to identify the best
qualified. Reference checks, interviews, nedical examinations, back-
ground checks, performance tests, written tests, and/or other screening
procedures may be used as appropriate.
Applicants shall be required to provide any i.nforma-t:ion and undergo any
ex,uninations necessary to demonstrate compliance with prescribed qualifica-
tion requirements for the positions involved.
Section 9. Disqualification
An applicant shall. be disrual.ified from consideration if he or she:
a. does not meet 'the qual_:ification s necessary :for performance
of the duties of the position involved;
67J 8
b. has made a false statement of material fact on the application
fora or supplements thereto ;
C. has comwit'ted or attempted to coim,!dt a .fraudulent act at any
stage of the selection process;
d. is an alien not legally permitted to work.
Any applicant may be disqualified from consideration upon other reasonable
growids relating -to job requirements.
Section 10. Referral and Selection
The Personnel Director shall develop standard operating procedures for
the referral of applicants to departments for final selection. The
procedures shad provide for selecting officials to report the disposi-
tion of all referred applicants and -the reasons therefor.
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PA
CFAPT
APPOI:Id`- MEP]T
im
Section 1. Au�tho
Except as othervr.ise provided by Charter or ordinance, -the appointJ.nFI;
authority for a:E 1 City positions- shall be the City I4µnager.
Sect:i.on 2. Bas1.s
Appointments shall be made based on the qualifications - of applicants
as as;certained through fair and practical selection methods.
Section. 3. Tyoe
Appointr;�nts shall. be designated either regular or temporary. A regular
appointment is ordinarily of indefinite duration and may be made to a
full-time or part-time position. A limited term regular appointment
may be made in unusual circumstances. Regular appointments are subject
to the rules Bove=-^ni ng probation.
Temporary appointments are ordinarily limited -to a period of not more
than six months, and may be made to full-time or part-time poaitior:s re-
quiring continuous, seasonal, or intermittent performance.
Section Temporary Appointments
k'nenever an emer;� cy exists which requires -the services of personnel
who are not other�!se available, the City Manager may immediately appoint
such personnel for a period not to exceed 30-%vorking days tirithout regard
to normal recruitment and selection requirements.
Section 5. Ne -_011 -ism
Pio employee may directly or indirectly supervise or be supervised by a
member of his or her immediate family. An immediate family includes
husband, wire, son, daughter, father, mother, brother, sister, father-in-
law, mother-in-law, brother-in-law, sister-in-law, grandfather, grandmother,
grandson, granddau4hter, son-in-law, and daughter-in-law.
The City Manager may apply the nepotism prohibition in the case of other
organizati.onwl and/or personal relationships when failure to do so would
be detrimental to the City.
Section 6. Residence
There shall be no absolute residence requirement for City employment ex-
cept as may be provided by law. Employees likely to be called to work
in cases of emergency may be required to reside within reasonable commuting
rang,�:s of their places of work.
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67,x„
Section 7. Medical
A person sel.ected for initial appointment or reinstatement shall. undergo
a thorough medica-1 examination at City eyp::nse in a manner prescribed
-n� by the: Personnel Director. R ploy. c:nt shall bu contingent upon successful
completion of 'Lhe medical exaT!inatior_ in relation to the standards of
fitness required for the posit -ion involved. The City i.1anaoer, acting on
information provided by medical personnel, shal.l be -the final auLhorlty
in determining medical su:itabil it;Y for etrplo;nrent.
With the approval of the City Manager, a department head may require that
a current employee successfully undergo a medical exa-iu.r_a.tion to deternli ne
fitness for continued employment or for promotion or other personnel action.
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CH,A,PTM!,1 l►
PROpiA`i WONT
Uect'.ion 1.. Period
/ lhrery person :inii.i ally appointed to or promoted
under a regular appointment shall be required -to
--� a probettionwry period of six months.
Section 2. Pur -Doze
IN
ir. -the City serva c e
successfully
co,:-,--
beoa.rtraent heads and supervisors shall use the probationary period -to
closely observe and evaluate the ;,ork and fitness of employees and -to
encourage adjustment -to their jobs and -the City service. Only those;
employees who meet acceptable standards during; their probationary periods
shall be retained.
Section 3. failure of Probation
An employee shall fail probation when, in the judg ent of the department
head, the employee's fitness anti/or quality of work are not such as to
merit continuation in the ;job. Failure of probation may occur at any
time within the probwtiona.ry period and shall not be considered part of
the disciplinary process.
An initial appointee who fails probation iaa.y be separated from the City
ser ,-ice. If desirable and feasible, the employee may be adminiotratiYely
transferred to a more suitable position. A nearly -promoted employee who
`-� fails probation shall be returned to his or her former type of job and
shall be eli-Ible for consideration for later advancement.
Department heads shall ensure the thorough documentation of all cases
of failure of probation.
Section 4. A'aneal of Failure of Probation
An employee failing probation shall have no right of appeal except on
the grounds of discrimination prohibited by law or these rules, in which
case the employee may appeal in writing to the City Manager within five
working days following notice or failure of probation. The decision of
the City b.anager shall be final.
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CHAPTER 5
t �IMFURI MANCE EVALUATION
Sect" -ion 1.. Perfo--r-:i ince lsvaluatj_on P., -Dort
The work perf orr, a-ce of each regular, employee shall_ be evaluated in
accordance with procedures develoned by the Personnel Director. An
em-�'Loyee shall be evaluated annually during the anniversary month on
hi;.-, or ht -.x employment or last prorotion and also upon change of super-
visor unless an evaluation was made within tee pre'rious thrS�> onths..
Spee ic�.l evaluations mto be made if authori-:ed by the depa_rtraeca t heed
and/or the City Manager. Probationary employees shall be evaluated
at the midpoint of, their probationary periods and again izin ediately
prior to the completion thereof'.
Section 2. Purpose
Performance evaluation is designed to help supervisors and employees
measure how well work is being perforated and to provide a tool for
management decisions regarding training, assignment, promotion, and
retention of employees.
Section. 3. Counseling
Employees shall be _,..• )vided copies of their own performance evaluation
reports. Evaluators shall individually discuss the reports with the
employees and shall counsel them regarding their careers and any inpro:re-
ments in performance which appear desirable or necessary.
Section h. Reconsideration
Employees dissatisfied with -their performance evaluations may seek re-
consideration by using established grievance procedures.
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6
CIMPTim o
Cf,ASSIF!CATION
Section: 1. Plan Prea_ra tion and 1•`_a nten_a-(:e
Subject to approval of the City Iiana;;,er, the Personnel Director shall pr,:. --
pare and ad.,idnist,Ur a classif' .cation plan for the City service based on
analysis of the duties and re.soonsibilities of positions. Positions sh tll
be allocated to. a.pp_opri.ate classes. based on objective factors.
At, employee may request that his or her position be reviewed for proper
classification by using established grievance procedures.
Section 2. Effect of Reallocation
An employee in a position which is reallocated from one class to anoti,!r
shall be entitled to continue to serve therein with unimpaired status
if the duties and responsibilities of the position are not significantly
changed or if the employee substantially meets the qualifications
prescribed for -the new class.
Section 3. Official Titles
Official class -titles shall be used in all personnel matters. Workin
or functional titles may be otherwise used as appropriate.
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CHAPTER 7
COMPENSATION
6
Section 1. Basis
The Personnel Director shall prepare and administer a comprehensive
compensation plan for City employees subject to required City Manager
and City Council approvals. Employees shall be paid salaries or wages
in accordance with the compensation plan, which shall include one or
more salary schedules. In positioning classes on salary schedules,
consideration shall be given to prevailing rates of pay among public
and private employers; the duties, responsibilities, and qualifications
required of employees in the classes; and other relevant factors.
Section 2. Administration of Range/Step Salary Schedules
Range/step salary schedules shall be administered in accordance with
the following rules:
a. A new employee shall normally be compensated at the minimum
step of the approved salary range. In exceptional circum-
stances, the City Manager may authorize hiring above the
minimum step. If such authorization is based on general
recruitment difficulties rather than on unique qualifications
of the new employee, pay for that classification shall, with
City Council approval, be increased to assure that other
employees with the same classification are not compensated
less than the new employee.
b. A newly promoted employee shall ordinarily be compensated at
the lowest step of the approved range which would provide an
increase in pay over that received in the previous class. An
employee being laterally transferred shall ordinarily continue
to receive the same salary and shall retain the same eligibility
date for pay increases.
c. Subject to budget limitations, merit increases within ranges
may be granted as specified in the compensation plan upon recom-
mendation of department heads and approval by the City Manager.
Careful consideration to the ability and production record of
each employee shall be given.
d. No employee shall be paid more than the rate established in the
approval compensation plan, except that an employee whose job was
downgraded by reclassification or changes in the labor market,
through no fault of the employee, may continue to receive his or
her former rate of pay until a rate on the new salary range equals
or surpasses the old rate or the employee's job changes.
e. An employee voluntarily or involuntarily demoted for any reason
shall be compensated on a step of the new range as administra-
tively determined.
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f. A former e.riployee reinstated pursuant to provi.sioas of these
rule: shall be- compensa -e:i on a step of the approved rangtt
as adini.ni. a trat-i.vely c,eternined.
Suction 3.
% Overtime, •whcrt ordered for -ti:•: n:c:nance of cssen.i l City furicUons,
shall be allocated as evenly as - oasible anong all employees qualifi-ed to
do the work.
Employees covered by the overt:i.: e provi:;ions of the lair Labor St.tndard-;
Act as cu!iended shall receive o-re::•tIm-_ co:ip`nsation in accordance tiler'
with. f ployees exempt from the overtic provisions of the Fair Lebon
Standards Act as am -ended, except _or department and division heads and".
other personne1 d:sISna.ted by the C-ity Mana;er, shall receive equivale:.-4
compensatory time oft with the wpprozul of the department head.
Section 4. .T-nsurance and Retirement
Eligible employees shall receive insurance and retirement benefits as
prescribed. in -the applicable progg�aics.
Section 5. Lmmn i'tY
Regular full-time non -Civil Service employees• shall be entitled to two
do'.:iars ($2.00) per month for each year of service to the City, not to
exceed twenty-five years. Longevity for Civil Service employees shat
be consistent with the rites provided by Tex. Rev. Civ. Stat. Ar,:. 1.�O`gq.
Regular part-=time and temporary employees shall. not accrue longevity.
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CiIAPl' iZ 3
AT-,-)E-"-NCE
Section 1. iiolida
New Year's Day, Good Friday, I.4emorial Day, Independence Da;•, Ln.bor Day,
Thwnks4 iving Day, Chr s tra -s Day, one additional flouting ho:l.id.ay, and
such other days as n. -.y be declared by the City Council shall bt; observed.
as official hol-idays for City employees in accordance with the follovi.n,;
rules.
a. As many employees as possible shEtIl be Ewen each hoUday
off consistent- with the maintenance of essential City
functions.
b. Full -gime regular employees shall be entitled to paid
holidays.
c. Part -tire and te.zporary employees may be granted unpaid
holidays.
d. A regular employee who works on an official holiday as
directed shall be paid for the -time worked at the regular
rate in addition to regular pay or shall be given equivalent
\� compensatory time off as administ,•atively determined.
e. If a holiday falls on Saturday, the preceding Friday shall.
be observed, and if a holiday falls on Sunday, the following
I.!onday shall be observed.
f. An employee in authorized or unauthorized leave of absence
without pay status on the holiday or on the scheduled work
day immediately preceding or following shall not receive pay
for the holiday.
g. Employees desiring to observe religious holidays not coin-
ciding mith official holidays mey be given time off without
pay or may be authorized to use accrued vacation Leave.
Section 2. Vacation
E{igular full-time non -Civil Service employees shall earn vacation_ leave
as follows, except that continuing employees earning vacation leave prior
to Cctober 1, 1975, shall earn no less than 15 days per year:
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Years of Ser:rie Vacation ner Year
Q_
o -- 6 10 days .83 da. f:,
7 - 1.i, 15 days 1.25 days
15 - 22 20 days 1.67 days
Over 22 25 days 2.08 days
Regular part-time and temporary er:xployf es shall. not accrue vacation leave.
Civil Service employees shall earn vacation leave as follows -
Year: of Services Vacation 'oer Year i,orthly Accrual
0 - 7, 15 days 1.25 days
19 - :? ` 20 days 1.67 days
Over 24 25 days 2.08 days
Vacation leave shall be administered according to the follovAng rules:
a. Vacation leave shall not accrue for any month during which
an employee is in pay status for less than half the stand-
ard number of paid days for his or her type of job.
b. Vacation leave may be taken in one-half shift increments
with proper supervisory approvals at any time following
employment.
c. Employees shall.be encouraged to use a substantial portion
of their vacation leave each year. No employee may accrue
more -than 30 days of vacation leave except in extenua•ting
circumstances as determined by the City i.fanager.
d. Department heads shall schedule or approve vacations giving
due consideration to 'the needs of service and the interests
of the employees. Vacations may be split.
e. Vacation leave shall be charged only for tide during °rich
the employee would ordinarily have worked. City holidays will
not be charged against vacation time.
f. Employees being laterally transferred, promoted., or demoted
shall retain accrued vacation leave.
g. Vacation leave shall not be advanced to employees except in
emergencies with the approval of the City Manager.
h. Employees with at least six months of continuous servic:: who
are separated for any reason shall be paid for any accrued
vacation leave up to a maximum of 30 days.
i. Vacation leave credits are not transferable between employees.
6A,
Section 3. Skit L! r avo
Regular lull-•t'is;e o nfipla�rees shall be allowed sick leave with full pay in
accordance ;with the follo7ai.ng rules:
a. A full-time employee shall earn 15 days of sick leave per
year at the rate of 1.25 days per month.
b. Sick leave shrsll not accrue for any month during which an
employee is in pay status for less than half the standard
number o_ paid days for his or her type of job.
e. Accut•lat on o; sic:. Leave credits for use during employ.nenL-
shrall. be unlimited. Sick leave credits will not be restored
upon rehire.
d. Sick leave may be taken in increments equivalent to two hours
of work because of personal illness, injury, legal quar•artirie,
or routine health care appoint.inents Sanich cannot reasonably be
scheduled outside of working hours.
e. The City Manager or Department head may request and obtain veri-
fication of the circumstances surrotridbicc, any use of sick leave.
f. Accrued vacation leave may be used to supplement sick leave.
Pay shall be discontinued when authorized leave is exhausted.
�+ Sick leave may be advanced to employees with the approval of
`�- the City Manager. Payroll Adjustierts for any advanced sic.
leave shall be made upon separation.
g. lui employee who becomes ill. or injured durirg a vacation may re-
ouest that the vacation be terminated and the gime of the illness
or injury be charged to sick leave.
h. Employees with at least six months of continuous service w1io are
separated for any reason shall be paid for any accrued :sick leave
up to a maximum of 90 days. If an employee is employed more than
once by the City, he or she shall be paid for accrued sick leave
based upon the balance remaining of the 90 -day rnaxicaum.
i. Sick leave credits are not transferable between employees.
J. Department heads, after ascertaining the exact circumstances,
may grant a regular employee up to three days of sick leave
per calendar year in the event of a disaster, serious injury,
or serious or contagious illness within -the employee's
immediate family or household. I. ediate family is defined
as in the provision concerning nepotism.
k. Regular part --time and temporary employees shall not accrue
sick leave.
6
Section
Wil.i'tary :Leave shcal:L be granted in accordance with applicable State rand
Federal. la;;s. Employees nrepari•: to -take authorized military 1-er,vV•
shall furnish their dc.p :: ttr: ni heads -with copies of military order -3 or
other appropriate certlification .
Section 5. Vmur?ency Leavy.
DepaI'tt'::nt; heads, ca%'te-r ascertaining the exact circu;.iaLances, may
a regular employee up to three wo, -dArl; days per calendar year of pa:aci
emergency leave in the evert of =w death within. the employE:a's i!lxrz�di.ata
family or household. Emergency lea -,.re shall not be cbarged against vacut-lor_
or sick leave. Immediate family is defined as in the provision concernir•.,,/
nepotism.
Temporary employees may be granted unpaid emergency leave in . the above
circumstances.
Section 6. Administrative Absence With Pa
An employee ordered not to report to work or veno cannot report for work
becau.,e of inclement weather or disaster may be granted administrative
absence with pay by the City Manager.
/ Employees shall. be graarted sufficient administrative absence wi.th pay,
when necessary, in order to trate in an official. election. Tmployc-es
called for jury service shell be granted ad_ "Lnistrative absence wi.•tia
pay during such service and shall retain any fees paid by 'the courts.
L:anployees excused or released from jury service shall report to their
work stations in accordance w t:a denfartmenta? instructions.
With the approval of the City Isla^ager, a department head may grant an
er.pl.oyee administrative absence with pay for purposes o£ attending a
professional conference, convention, training activity, legislative
proceed-ing, or civic function or meeting, or for purposes of coordinating
with governmental and private agencies and entities in the interest of
the City.
Section 7. Authorized Leave I•Tithout Pay
In circumstances not falling 'tdtrir_ other provisions of these rules,
-the City Manager may authorize an employee to take leave without pay
under such terms and conditions as may be mutually agreeable.
Section B. Absence Without Leave
An employee failing to report for duty or remain a't stork as scheduled
without proper notification, autlior;za-tion, or excuse shall be con-
sidered absent- without leave and shall not be in pay status for tho
time involved.
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Absence without :Leave constitute.,; abandonment of dut'i.es , which may rrsi.l. t:
in dismissal.
Section 9. Pref,nanc:T n::tL I4a:ter. nity
A pregnant employee. is expected to maXe her own decision, in consultation
with her physician, as to when she will cease working.3axcent in erer1;c Ci_'S,
at least 10 working days' written notice of cessation of work shall be rc-
quirec?. The aforementioned notice shall. include a statement of the omplu„r
-e's
intentions concerning, resvzmption of work.
If pregnancy prevents an employee from properly performing, her duties or
creates a hazard -to persons or property, the City may invoke the provisions
of these rules concerning separation for incapacity or may 'take other.
appropriate administrative measures.
Employees with illnesses or disabilities arising from pregnancy or
maternity shall be entitled to benefits on the save basis as employees
with other -types of temporary illnesses or disabilities.
Section 10. Inlury on the Job
An employee injured in the :Lint.- of duty shall receive Workmen's Compensation
and injury leave benefits under terms and conditions prescribed in the
\� applicable programs. Vbrl-men's compensation benefits shall be supplemente''
by the City as necessary to ensure that a disabled employee re.:ei,vcas full
salary for six months. Thereafter, any supplemental benefits sha1.1. be
reduced as prescribed in the applicable programs.
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CH P 9
Co-,' TTV V -r/
vim...
Section 1. Attendances
649
Lmployf:es shall lie at their places of wort: in accordance with City and
departmental policies and regulations. Depaxtr.,Lent hearts shall establish
work schedules and maintain daily employee attendance records.
See -tion 2. Work Standards
It shall be the :luty of each employee -to ruintaln high standards of
cooperation, efficiency, and economy in his or her work for the City.
Department- heads shall. orgattize and direct the work of their departments
to achieve -these objectives.
If the work habits, attitude, production, and/or personal conduct of an
employee fall below appropriate standards, supervisors should point out
the deficiencies at the time they are observed. Counseling and warning
the employee in sufficient time for improvement should ordinarily prec;edc..
formal disciplinary action, but nothing herein shall prevent immediate
formal action, as provided elsewhere. in thane rLiles, whenever the interest
of the City requires.
Section 3. Political Activity
Excep+ as may be otherwise provided b;; law, the following restrictions
on poli."ical activity shall apply to City employees:
a.. City employees shall. refrain from using their positions
for or against any candid=ate for public office in any
jurisdiction.
b. City employees shall not use working hours or City property
to solicit or receive any subscription, contributions, or
political service, or -to circulate any peti-tion•or campaign
literature on behalf of any candidate for public office.
c. City employees shall not enc -age a in any political activity,
with or without remuneration, that would constitute a con-
flict of interest with their City employment.
Section 4. Solicitation
Solicitation of funds or anything of value for any purpose whatsoever
shall be permitted of or by City employees on -the job only with the
express approval of the City Manager. No employee ray be required
to rake any contribution nor may an employee be penalized in any tray in
connection with his or her employment according to his or her response
to a solicitation.
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6
Section 5. Outsirle R�nplo�,fi:�:��
An employee shall not: engage ri outside employment, including self--
employment, where such cnployrv-!nt would constitute a. conflict: of :intererL
or would advers.:1.y affect the employee's Performance it: the City service.
' Outside emplo;�rent m t be re:norted to and approved by the department-.
head.
Section r). Phys:i.caI Fitness
It shall the responsibility of each employee to maintain the stand-
ards of physical fitness required for- performing his or her job.
Section 7. Personal_ A.Dnearance
All employees, regax-dless of work location and degree of public contact,
are expected to dress appropriately and in good taste and are expectt:d
to maintain a good general appearance at all times.
Section 8. Financial Obligations
All employees are expected to keep their personal financial affairs in
good order. Failure to pay just debts, including. taxes:, may constitute
i grounds for disciplinary action if job performance is impeded.
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63
1
C.L-U1?".71'r.'R 1.0
DISCIPLINE, APP! hhS, AI•!D GRI:IE,vANCl'.S
&-'ction 1.. Gro"Inds for T1 c i ��..' Ac -tion
The C:i.lt:y Manager or designee thf x eof may t%-ke disciplinary action
agaicrs't an employee for.• jus'. cause. Just cause shall be related to
the job involved and s*.: -.'U include but no•t be limited to illegal,
unethical, abusive, or li:tui.ni £legs; violation of City rules, rogula_--
tions, policies, or procedures; '.1S1:00rdi :'+:4ian; inefficiency; neglect
or abandonment of duties; paxt:i.ci pation in prohibited political ac tiv i t r
or solic:i.tsti.on; abuse of illness, injury, disability, or other benefit!:;
tardine:,s or absence v-1-thout leave; falsification of official_ docu:cent
or records; 1z ;i.ri�, or beim under -the influence of dru(;S or intoxicating
beverages vhl iri on duty; waste, darrAge, or unauthorized use of City
property or supplies; unauthorized use or disclosure of official infor„ra-
tion; and unauthorised or iniproper use of of"i'icial authority.
Section 2. Ty'nes of Disciplinary Action
Formal disciplinary action taken shall be consistent- with the.nature
of the deficiency or infraction involved apa the record of the employee.
Formal disciplinary action shall include written reprimand, susU�,:rs_ion,
reduction in pay, demotion, and dismissal.. Any of -the foregoing types
of formal disciplinary actLon may be invoked for a particular de t'i.clency
or infraction, depending upon the exact circumst.,.aces. An employee may
be formally warned at any time that he or she may be dismissed or otherwise
disciplined for further unsatisfactory perfo.-ma ce and/or conduct.
Nothing herein shall prohibit -the adiministra-..ion of informal disciplinary
action, such as oral reprimands, for just cause.
Section 3. Written Reprimand
In the interest of good discipline, an employee may be reprimanded in
writing. The written reprimand shall describe the deficiency or in-
fraction involved and shall. state the likely copsequences of further
unsatisfactory performance and/or conduct. A copy of the reprimand shall
be kept in the employee's off-icial personnel file until one year has
elapsed without other formal disciplinary action being taken.
Section 4. Siisnens_on
j' In the interest of good discipline, a department head may suspend an
�-/ employee without pay for up -to 30 calendar days :in one calencla- r year.
A written notice of suspension *rust be given to the employee which
describes the deficiency of infraction involved and which states the
likely consequences of further unsatisfactory performance and/or conduct.
The suspension shall be porranently noted in the employee's official -
personnel file.
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Vher. an employee i.5 under investigation for a crime or official
misconduct or is zogaiLin<<, hearing or trial in a criminal mratter, hc.
or she may be suspnded without pay ['or the durzat:ion of the procee:i.--
ings alien such suspension would be in the bent: interest-, of the: City
� and t -he public:. If the i.nvesti_Uation or procee,;!3ngs clear the F3P..ployt:e,
he or she shall be eligible for reiristatement under such terms and
conditions as May be specified by the City l4anager.
Section . Reduction in Pay
In the inte.•est of good discipline, an employee's pay may be redlict-d
within rael e. E3 written notice of reduction. ::rust be given'to the
employee which describes the deficiency or :infraction :involved and which
states the likely consequences of further unsatisfactory performanr.e a f i/
or conduct. The reduction shall be permanently noted in the employee's
official personnel file, but the employee shall not be disgnalifi.:c'
from consid:ration for liter pay increases.
Section &. Demotion
In the interest of good discipline, an employee may be demoted. A
written notice of de_rnotion rust be given to -the employee:.- which describes
the deficiency or infraction involved and which,states the likely
consequences of further unsatisfactory performance and/or conduct.
'-i The demotion shall be permanently noted in tine rzrtployee's official
personnel file, but the employee shall not be disqualified from con-
sideration for later advancement.
Section 7. Dismissal
In the interest of good discipline, an employee may be dismissed from
the City service. A written notice of dismissal must be given to the
employee which describes the deficiency or infraction involved.
Section 8. Appeal of Disciplinary Action
Formal disciplinary action taken under 'this chapter may be appealed in
-vriting directly -to the City Manager within five working days following
notice of the action. The action may be stayed pending decision on the
appeal or may take effect at any time after issuance of the notice as
determined by the City Manager.
Upon request, an e~ployee against whom disciplinary action is 'taken
!' shall be entitled to appear personally before the City Manager, w:i.t:'I
✓ or w?thout council. All parti.es shall have the opportunity to present
and cross examine iritnesses who appear. The City Manager, following
careful investigation, shall. have broad authority to approve, di& pp_'�jve,
mollify, or rescind any disciplinary actions taken or proposed. The City
Manager shall render a final written decision.
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65
There shall be no right of apjae?1 for probationary employees excrrt
on the grounds of discrimination prohibited by law or •t-hesn rules.
Seel -Jon 9. Grievance rrocedure
Faeroloyees shall be encouraged to informally take any job-related
complaints or problems to their im:nedlate supervisors. Foll.owi ng
informal discussions an e'.nloloyee reiraining dissatisfied with a vorki n;-
condition, or some other aspect- of emp:Loyln`nt not subject -to -the agile,%.L
procedure, may submit a written grievance to his or her immediate super-
visor within 15 calendar days after the taus::! of the grievance aris,c!S
or becomes known to The employer.
It ::hall be the responsibili-ty of the immediate supervisor to study the:
grievance and attempt 'to resolve it within 10 calendar days. Furthr::r
discussion with the grievant shall be encouraged. If the grievance can-
not satisfactorily be resolved *lAthin 10 calendar days, the imrlr-�'.ia le
supervisor shall refer it with co=eats and/or recommendations to the
next; higher level of supervision. The Department Bead will be the last
person in the department -to whom an unresolved issue will be taken.
If the matter is still unresolved, it shall be taken 'to the Personnel
Director. The Personnel Director shall investigate the Matter and sub-
mit a suimra.ry of findings anti/or recommendations to the City Manager as
soon as practicable.
The City Manager shall make further investigation as he may deem necessary,
follo.ring which he shall render a written decision which will be final
and binding on all parties concerned.
Any intimidation, coercion, or threatened reprisals used to violate the
intent of this procedure by any parties involved shall constitute. just
cause for disciplinary action.
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Id
Ci IO?TrR 3.1
310I1DI aCli T,L,:ARY Ss':PJUIIPf,'!0_*._,
Section I.
An employee may leave the City service i n good s Candi ng by submi. t t; i.r:
his or her resignation in -the prescribed r•anner at least 10 working;
days. in advance. The City Manager may waive any portion of the notice.
period.
Section 2. Layoff'
An employee L:ay be :i.s.:id off because of chances in duties or organiza-
tion or for lack of work or funds. Whenever possible, an employee•
laid off from -the City department shell be transferred to a suitable
position elsewhere. Mienever possible, at least- two ~reeks' notice
shall be given an employee prior to layoff.
Layoffs shall be carried out on the basis of demonstrated job performance
and efficiency, with the most proficient employees being retained the
longest. Seniority within City service may be used -to determine the
order of layoff among employees with substantia?ly equivalent records
of job performance rind efficiency, with the most senior employees being
retained the longest. Temporary employees shall be laid off before
regular employees performing si.r:i.lar duties. Layoffs shall not be
considered disciplinary actions.
Section 3. Incaoaci.ty
An employee may be separated .for incapacity for medical reasons when
the employee as an individual no longer meets the standards of fitness
required :for the position. A finding of incapacity shall be made through
individual medical determ..inatlon by competent authority as prescribed by
the Personnel Director.
Separation for incapacity shall not be considered disciplinary action
and shall not operate to deny an employee the use of any accrued illness,
injury, disability, or other benefits.
Section I;. Retire-ent
Eligible employees may be separated by retirement in accordance with
applicable programs. Permanent employees sh=all be retired from employment
_ on the last day of the calendar year in which their sixty-fifth (65) birth-
day occurs. An employee's retirement may be deferred by his or her consent
and with -the approval of the City ATL.r_ager and the City Council provided
the employee is able to pass an appropriate physical examination. Retirement
deferments shall be granted on a year to year basis.
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id
CHAP` IE'R 3.2
REIN S`P AT!'d"UVT
Section J.. Popo,-.:i.nn L-0/Of
A pArson who trams ].aid off, including a former temporary employee se�parat� d
upon coirletion of duties, may be routinely recalled to wort -it any tip
r7,
provided the person renakas qualified to perform the duties of. 'the positien.
Section 2. rol?.o:rin jSe arab on for liLeaua^.i't
A person who w_.s separated for incapacity fray be reinstated :in his or
her forr.er type, of position within one year following separation, provided
the reason for the :incapacity has been removed to the satisfaction of the
City, the person remains otherwise qualified to perform the d.uties of 'the
position, and reinstaterientt, would be in -the :interest of the City.
Section 3. Veterans
Dftployef�ts who left the City service in good standing 'to enter on duty
with the armed forces of the United States shall be eligible for rein --
r, state.7ent in accordance with applicable State axid Federal laws.
Section }1 . Restoration of Seniority Credits
Restoration of seniority or service credits upon reinstatement. shall.
be prohibited.
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67.3-8
CHAPTER 13
PERSONNEL FILES AND REPORTS
Section 1. Personnel. Files
The Personnel. Director shall. maintain the official personnel f.i-les for
all City employees. Unless otherwise provided by 'law, pe:rsorinel f.i'les
and in-forna"ion shall be confidential ani may not be used or diviJ.ged
for -purposes unconnec-ted with the City personnel management system
except with the perr_i scion of the involved. Nothin{ herceiit
sra11 prevent the disseLunation of inpe:%s ona.l statistic '.1 inforra`'on.
An employee she.1.1 have a right of reasorable inspection of hia or her
official personnel file under procedLre:s prescribed by the Personnel
Director.
Section 2.. Status Changes
Department heads shall report changes in personnel status of their
employees in accordance faith procedures developed by the Personnel
Director.
Section 3. Personnel. Reports
- The Personnel. Director shall prepare such rosters, narrative reports,
statistical summaries, and other reports as are necessary or desirable
to provide useful information to the management.
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