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Ordinance No. 2,1757317 ORDINANCE NO. 2175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE "CITY OF BAYTOWN PERSONNEL RULES" BY AMENDING CHAPTER 1, SECTION 2, EQUAL OPPORTUNITY POLICY; CHAPTER 7, SECTION 3, OVERTIME; CHAPTER 8, SECTION 2, VACATION; AND CHAPTER 8, SECTION 3, SICK LEAVE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Baytown, Texas, heretofore by the adoption of Ordinance No. 2023, prescribed rules and regulations concerning employees of the City of Baytown entitled "City of Baytown Personnel Rules ", three (3) copies of which are on file with the City Clerk of the City of Baytown; and WHEREAS, it is necessary to amend said personnel policy; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City of Baytown Personnel Rules are hereby amended by the amendment of Chapter 1, Section 2, Equal Opportunity Policy, by repealing provisions as presently constituted and substituting in its place a new Section 2 which shall read as follows: Chapter 1 Section 2- -Equal Opportunity Policy Affirmative action shall be taken to ensure equal employment opportunities for all employees and prospective employees engaged in or to be engaged in City service. Discrimination against any individual in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of political or religious opinions and affiliations, membership or nonmembership in employee organizations, or because of race, color, national origin, marital status, or other non -merit factors is prohibited. Discrimination on the basis of age or sex or physical disability is prohibited except where specific age, sex, or physical requirements constitute a bona fide occupational qualification. 7318 Section 2: That the City of Baytown Personnel Rules are hereby amended by the amendment of Chapter 7, Section 3, Overtime, by repealing provisions as presently constituted and substituting in its place a new Section 3 which shall read as follows: Chapter 7 Section 3-- Overtime Overtime, when ordered for the maintenance of essential City functions, shall be allocated as evenly as possible among all employees qualified to do the work. All employees who are eligible for overtime shall be compensated at a rate of one and one half their normal hourly rate or be awarded compensatory time on an hour for hour basis for all hours worked in excess of forty hours per week or, in the case of Civil Service personnel, the normal work week. Section 3: That the City of Baytown Personnel Rules are hereby amended by the amendment of Chapter 8, Section 2, Vacation which shall read as follows: Chapter 8 Section 2 -- Vacation a. The maximum accrual an employee may maintain is equal to but not greater than two times his or her annual rate. Employees shall be encouraged to use a substantial portion of their vacation leave each year. b. An employee who accrues the maximum vacation leave allowed shall not accrue additional vacation until that employee uses a portion of the accrued vacation time. C. An employee's hire date shall be recorded as the anniversary date for the purpose of vacation accrual. d. Department Heads shall schedule or approve vacations giving due considerations to the needs of the City service and the interests of the employee. e. Employees shall not be allowed to take vacation during their probationary period, unless such vacation is approved by the City Manager. Any employee who is separated from City service for any reason during this period will not be compensated for accrued vacation leave. -2- f. Employees with at least six months of continuous service who are separated from City service for any reason shall be payed for any unused vacation leave up to, but not greater than, the maximum vacation accrual allowed. g. Vacation leave may be split. Vacation leave may be taken in one -half shift increments. h. Vacation leave shall be charged only for time during which the employee would ordinarily have worked. City holidays will not be charged against vacation time. i. Deferred vacation will be authorized only in exceptional cases by the City Manager. All requests for deferred vacation shall be submitted to the Personnel Office. Deferred vacation shall be completed as soon as the depart- ment head can conveniently schedule it in the following year. A deferred vacation not taken by the end of the year following that year in which was due, automatically lapses. j. Employees being laterally transferred, promoted or demoted shall retain accrued vacation leave. k. Vacation leave shall not be advanced to employees except in emergencies with the approval of the City Manager. 1. Vacation leave credits are not transferable between employees. Section 4: That the City of Baytown Personnel Rules are hereby amended by the amendment of Chapter 8, Section 3, Sick Leave, which shall read as follows: Chapter 8 Section 3 - -Sick leave 1. Employees who are separated from City service, for any reason, prior to the completion of their probationary period shall not be compensated for any accrued sick leave. Section 5: Repealing Clause: All ordinances or parts of ordinances inconsistent with the are hereby repealed; provided howev, shall be only to the extent of such other respects this ordinance shall ordinances regulating and governing covered by this ordinance. -3- terms of this ordinance ar, that such repeal inconsistency and in all be cumulative of other the subject matter 7319 7320 Section 6: Savings Clause: If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held uncon- stitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end, all provisions of this ordi- nance are declared to be severable. Section 7: Effective Date: This ordinance shall take effect from and after the date of its passage by the affir- mative vote of 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 on this 10th day of February , 1977. TOM GENTRY, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: , o �-4 � e�:- - L , NE rIC1rAHDM_Y_, City Attorne w SaW2 10 npIsWfhqq nix 70 onmalb, ON 110.0i p0apol 7n, 701 TOM q'' -L"Po" j;jVjiwvW nom otinvol wo LAW johnfirylo, TO -xvWAV pal jl"97.- nwolml-nwq On W alm on his 0j banolsob 07 wnlm :01su nVU00114 :7 Nalayup nMr Oka 7d q-pp2nq At! �n odw ncryp W Sao?,,: finavQ YAW 601 in munn n7lis- rr�- avlay=01n all n! 052RA7 bw UAHM " F f- sw-17.5 in YND of? in Cksgrol 7M op.�- .77PF I