Ordinance No. 3,21010813 -7
ORDINANCE NO. 3210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AMENDING THE "CITY OF BAYTOWN PERSONNEL RULES "; PROVIDI-
NG FOR A REPEALING CLAUSE, CONTAINING A SAVINGS CLAUSE,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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 repeal of Chapter 2, Section 3,
Promotion Policy, Chapter 4, Section 3, Failure of Probation;
Chapter 5, Section 1, Performance Evaluation Report; Chapter
7, Section 3, Overtime; Chapter 8, Section 3, Sick Leave;
Chapter 10, Section 3, Written Reprimand, Chapter 10, Section
8, Appeal of Disciplinary Action and Chapter 10, Section 9,
Grievances, as presently constituted and in their places new
Sections which shall read as follows:
Chapter 2
Section 3-- Promotion Policy
Departments involved in an employee transfer and /or promotion
shall mutually agree on a reasonable date of action. If one
of the Departments feel the date is unreasonable, they may
request the personnel director to review the transaction and
determine an appropriate date. For a rule of thumb, the
maximum amount of time should be two weeks. (10 working
days)
Chapter 4
Section 3-- Failure of Probation
An employee shall fail probation when, in the judgment of
the department head, the employee's fitness and /or quality
of work are not such as to merit continuation in the job.
Failure of probation may occur at any time within the
probationary period and shall not be considered part of the
disciplinary process.
An initial appointee who fails probation may be separated
from the City service. If desirable and feasible, the employee
may be administratively transferred to a more suitable
position. A newly promoted employee who fails probation may
be returned to his or her former type of job and shall be
eligible for consideration for later advancement.
Department heads shall insure the thorough documentation of
all cases of failure of probation.
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Chapter 5
Section 1 -- Performance Evaluation Report
The work performance of each regular employee shall be
evaluated in accordance with procedures developed by the
Personnel Director. An employee shall be evaluated annually
during the anniversary month of his or her employment or
last promotion. Special evaluations may be made if authorized
by the department head and /or the City Manager. Probationary
employees may be evaluated at the midpoint of their probationary
period and shall be evaluated prior to the completion of
their probationary period.
Chapter 7
Section 3-- Overtime
Overtime, when ordered shall be allocated as evenly as
possible 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 their normal work
day, except where excluded by state law.
Chapter 8
Section 3 - -Sick Leave
Subsection g(1) Employees, who have completed their pro-
bationary period or who have been re- employed after a period
greater than six years since their last employment with the
City, who are separated for any reason shall be paid for any
accrued sick leave up to a maximum of 90 days; except those
employees who retire from the City of Baytown shall be paid
for any accrued sick leave up to a maximum of 120 days.
Subsection g(2) If an employee is re- employed by the City,
upon a subsequent termination, resignation or retirement, he
or she shall be paid the maximum allowed sick leave as
provided by sub - paragraph (1) less any sum he or she was
paid upon prior termination(s), resignation(s) or retirement(s).
Chapter 10
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 infraction involved and shall state the
likely consequences of further unsatisfactory performance
and /or conduct.
Chapter 10
Section 8 -- Appeal of Disciplinary Action
Formal disciplinary action taken under this chapter may be
appealed by following the described manner below.
All formal appeals of such action shall be filed in writing
directly to the Personnel Director or his /her representative
within five working days following notice of action. Any
disciplinary action may be stayed pending decision on the
appeal or may take effect at any time after the issuance of
the notice as determined by the City Manager. All written
appeals should include a statement of action taken against
the employee, why the employee feels such action is inappropriate,
and if the employee wishes to appear in person before the
City Manager.
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The Personnel Director shall conduct an extensive review of
the disciplinary action taken. Such investigation may
include interviews of each party involved, witnesses, review
of documents, files and etc. and /or may include an appeals
prehearing. The Personnel Director shall have the power to
suggest possible final actions concerning the appeal, if
agreeable to both parties. If no resolution of the matter
is reached at this level, the Personnel Director shall
forward the employee's appeal to the City Manager within ten
working days of his receipt of the appeal.
The employee, against whom disciplinary action is taken,
shall be entitled to appear personally before the City
Manager, with or without counsel. All parties shall have
the opportunity to present testimony, evidence, and witnesses.
Each party will be allowed to cross - examine witnesses. The
City Manager, following the presentation of both parties,
shall have broad authority to approve, disapprove, modify,
or rescind any disciplinary action taken or proposed. The
City Manager will issue a written decision of his action
within a reasonable period of time. The City Manager's
decision shall be final and binding on all parties con-
cerned.
Chapter 10
Section 9 -- Grievance
Employees should take any job related complaints or problems
to their departmental supervisors. Employees are encouraged
to use the organizational chain of command in these informal
discussions. Following informal discussions, an employee
remaining dissatisfied with a working condition, or some
other aspect of employment not subject to the appeal procedure,
may submit a written grievance to the Personnel Director
within fifteen (15) calendar days after the cause of the
grievance arises or becomes known to the employer.
The Personnel Director, in a forum consisting of the dis-
satisfied employee(s), Department Head, and any supervisory
personnel involved, shall receive discussion from any and
all parties present and render a suggestion(s) for the
resolution of the grievance.
If either party disagrees with the Personnel Director's
suggestion(s), they must request a review of the grievance
by the City Manager. This request must be filed within three
(3) working days of the Personnel Director's suggestion(s).
The Personnel Director, after receiving such a request,
shall forward all documents along with the grievance and his
suggestions to the City Manager within four (4) working days
of the receipt of this request.
The City Manager shall review all documents regarding the
grievance and conduct any further investigation he chooses
and render a final written decision which will be final and
binding on all parties concerned.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects
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this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this
ordinance.
Section 3: If any provision, section, exception,
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 unconstitutional,
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 ordinance are declared to be
severable.
Section 4: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown, this the 13th day
of August , 1981.
ATTEST:
EILEEN P. HALL, City Clerk