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Ordinance No. 5,148C 81122 -2 ORDINANCE NO. 5148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING REVISED PERSONNEL RULES; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, a revised set of personnel rules -has been proposed by the Human Resources Department of the City of Baytown and reviewed by the City Council; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City of Baytown Personnel Rules attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted and replaces the current personnel rules dated January 1985. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provisions, 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 immediately 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 22nd day of November, 1988. (EMMETT 0. HUTTO, Mayor n e • ��l 4 81122 -2a is ATTEST: ® EILEEN P. HALL, City Clerk �LRNDALL B. STRONG, City torney C:1:18:8 8 u H Ell Ll CITY OF BAYTOWN PERSONNEL RULES a • f 1 TABLE OF CONTENTS CHAPTER 1 ® Section Page INTRODUCTION Objective 1 1 Equal Opportunity Policy 1 2 Applicability 1 2 Dissemination 1 2 New Policy /Amendment Procedure 1 3 Division of Responsibility 1 3 CHAPTER 2 METHOD OF FILLING VACANCIES Vacancy Identification 2 1 Announcement of Vacancies 2 1 Promotions and Transfers 2 1 Temporary Promotions 2 1 Transfers 2 2 Reclassification 2 2 Disciplinary /Nondisciplinary Demotions 2 2 Applications 2 3 Evaluation of Applicants 2 3 Disqualification 2 3 Referral and Selection 2 4 CHAPTER 3 APPOINTMENT Authority 3 1 Basis 3 1 Type 3 1 Nepotism 3 1 Residence 3 1 Medical Examinations 3 2 Proof of Age and /or Work Certificates 3 2 Employment of Minors 3 2 I -9 Requirements 3 2 Notification of Job 3 2 H, U n B f ] 0 G 0 CHAPTER 4 PROBATION Probationary Period Purpose Failure of Probation Appeal of Failure of Probation CHAPTER 5 PERFORMANCE EVALUATION Performance Evaluation Report CHAPTER 6 CLASSIFICATION Plan Preparation and Maintenance Effect of Reallocation Official Titles Transfers and Promotions Definition of Employee Status CHAPTER 7 COMPENSATION Fair Labor Standards Act Longevity Release of Payroll Checks CHAPTER 8 4 4 4 4 A 7 7 7 1 1 1 1 1 1 1 1 1 1 4 4 ABSENCE Holidays 8 1 Vacation 8 1 Sick Leave 8 _ 3 Military Leave 8 5 Emergency Leave 8 5 Administrative Absence With Pay 8 5 Authorized Leave Without Pay 8 6 Absence Without Leave (Lost Time) 8 6 Pregnancy and Maternity 8 6 Injury on the Job 8 6 E E C, C CHAPTER 9 CONDUCT Attendance 9 1 Work Standards 9 1 Safety Standards 9 1 Political Activity 9 1 Solicitation 9 2 Outside Employment 9 2 Physical Fitness 9 2 Personal Appearance 9 2 Financial Obligations 9 2 Alcohol and Drug Screening Procedures 9 3 Voluntary Rehabilitation 9 4 CHAPTER 10 DISCIPLINE, APPEALS, AND GRIEVANCES Grounds for Disciplinary Action 10 1 Types of Disciplinary Action 10 1 Written Reprimand 10 1 Suspension 10 2 Reduction in Pay 10 2 Demotion 10 2 Dismissal 10 3 Appeal of Disciplinary Action 10 3 Grievance Procedures 10 4 CHAPTER 11 NONDISCIPLINARY SEPARATION Resignation Layoff Incapacity Retirement Insurance and Retirement CHAPTER 12 REINSTATEMENT Following Layoff Veterans Return of Military Leave CHAPTER 13 11 11 11 11 11 12 12 12 PERSONNEL FILES AND REPORTS Personnel Files 13 Status Change 13 Personnel Reports 13 1 1 1 1 1 1 1 1 1 1 u CITY OF BAYTOWN PERSONNEL RULES ® CHAPTER 1 INTRODUCTION Section 1. Objective ® This Personnel Policy Manual is a compilation of the City's personnel policies, practices, and procedures which have been developed as a communication tool for our managerial and supervisory staff. This manual not only outlines the City's policy toward the various phases of our employee - employer relationship, but it also indicates how policy is to be administered. Consequently, each supervisor is able to use this manual as a guidebook when needed to apply City policy in a given situation. It is the intent of these policies to be interpreted broadly on the basis of a reasonable approach to specific problems and situations. They should be considered as a total set of working regulations rather than each section, sub- section, sentence or phrase being interpreted in isolation and out of context. The purpose of the policies is to bring a high degree of understanding, cooperation, efficiency and unity which comes through systematic application of good procedures in personnel administration and to provide a uniform policy for all employees. This personnel manual is designed to provide the following advantages: 11/88 a) To promote the increased efficiency and economy in the service of the City. b) To provide fair and equal opportunity to all qualified applicants who enter City employment. c) To develop a program of positive recruitment, advancement and tenure which will make service to the City attractive as a career and will encourage each employee to render his /her best service to the City. d) To establish and maintain a uniform plan of classification and compensation based on the relative duties and responsibilities of all positions within the City. e) To establish and promote high morale among City employees by providing good working relationships, a uniform personnel policy, opportunity for advancement and consideration for employee needs. 1 -1 The personnel policies, practices and procedures in the Policy Manual will remain in effect until changes are considered necessary as a result of internal growth, competitive forces, or as a result of general economic conditions. However, any such change to be made in any personnel policy or practice will be made only after the City gives due consideration to the mutual advantages, benefits and responsibilities of such changes on all employees of the City of Baytown. Should such changes be warranted and approved by the City Council, notification and revised policy changes will be given immediately which are to be placed where indicated in the Policy Manual. Any questions as to the interpretation or understanding of any policy or practice, should be directed to the Human Resource Director or his /her representative immediately. It is important to continue to have full and complete understanding of personnel policies and practices. Copies of the Personnel Policy Manual shall be distributed to Department Directors and shall be on file in each department for employees. 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 non - membership 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. Section 3. Applicability These rules apply to all City employees except where inconsistent with the proper application of the State Civil Service Statutes. Section 4. Dissemination All City employees shall be informed of the existence of these rules and each department shall keep a copy available for reference by its employees. The official copy of the City of Baytown Personnel Rules is located in the Human Resource Department and the Legal Department at City Hall. 11/88 1 -2 b Section 5. New Policy /Amendment Procedure C The Human Resources Director is delegated the responsibility for developing, administering, and interpreting personnel policies and procedures as they apply to all departments and employees, subject to review and approval by the City Manager. The Human Resource Director shall advise management in all areas of personnel administration, including compensation, employee - management relations, training and career development, and employee health and safety. Each Department Director is responsible for enforcing the provisions of these rules and related policies and procedures by cooperating with the Human Resources Director on these matters. 11/88 1 -3 These rules may be changed, supplemented, or superseded at any time as provided by the City Council. Each department is responsible for maintaining a current and updated copy of the Personnel Rules. All references to the City of Baytown Personnel Policy Manual shall mean the policies as of the last revision. Section 6. Division of Responsibility ® With the exception of matters reserved to the City Council by Charter, the general and final authority for personnel management rests with the City Manager. C The Human Resources Director is delegated the responsibility for developing, administering, and interpreting personnel policies and procedures as they apply to all departments and employees, subject to review and approval by the City Manager. The Human Resource Director shall advise management in all areas of personnel administration, including compensation, employee - management relations, training and career development, and employee health and safety. Each Department Director is responsible for enforcing the provisions of these rules and related policies and procedures by cooperating with the Human Resources Director on these matters. 11/88 1 -3 E • C] CHAPTER 2 METHOD OF FILLING VACANCIES Section 1. Vacancy Identification Department Directors shall notify Human Resources when a vacancy occurs in their department. Section 2. Announcement of Vacancies Human Resources will post notice of the position vacancy along with the requirements needed to perform the job. Positions will be posted unless filled from within the department. The City has a practice of promoting qualified candidates from within the organization whenever possible. The intent of the job posting program is to enable employees and the public to apply for those vacancies for which they feel they are qualified. The Human Resource Director, in conjunction with the department director, may waive the posting requirement in special situations. (Example: temporary employee trained and working job for extended period of time). Section 3. Promotions and Transfers A promotion is defined conceptually as the assumption of new job duties and responsibilities that are higher in character and scope than in the previous job. For purpose of salary administration, a promotion occurs when the new job is of a higher grade than the prior job. Salary offer will be determined in conjunction with Human Resources and applicable compensation practices. Departments involved in the transfer and /or promotion shall mutually agree on a date of the action. The maximum amount of time should be two weeks unless extenuating circumstances exist and at that time it will be a management decision in coordination with the Human Resources Director. All promotions and promotional increases shall be coordinated with the Human Resources Director and approved by the City Manager. Section 4. Temporary 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 incumbent is absent for more than two (2) 11/88 2 -1 E consecutive pay periods. Employees so promoted shall be ® additionally compensated for the duration of their assignments in amounts to be determined by the Human Resource Director in coordination with the Department Director and approved by the City Manager. Temporary promotions shall not be used to circumvent normal selection procedures. The employees involved shall not acquire ® any status or rights in the classes to which temporarily promoted except as provided above. Nothing herein shall be construed to prevent the assignment of additional and higher level duties to an employee without additional 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 assignment of an employee from one position to another position. A transfer not involving promotion or demotion may be effected at any time for administrative convenience or upon request of the employee as approved by the Department Director, if the transfer is interdepartmental, provided that the employee is qualified to perform the duties of the position to which transfer is contemplated. Transfers may be made administratively or in conjunction with an announced selection process. Transfers between classifications or between departments shall become effective following approval by the Director of Human Resources and City Manager. Section 6. Reclassification Reclassification occurs when some of the duties and /or responsibilities of a position are increased or changed to the level that the job evaluates at a higher or lower grade, but primarily the job is the same. Reclassification resulting in a grade change will necessitate a change in salary only in situations where the individual salary is outside the new range. Section 7. Disciplinary / Nondisciplinary Demotions A demotion is the assignment of an employee from a position in one classification to a position in another classification having a lower salary grade. with the approval of the City Manager and if qualified to perform ® the duties of the lower level position, an employee may be administratively demoted at his or her own request or as an ® alternative to layoff. Such demotions shall not be considered 11/88 2 -2 v n h disciplinary actions or disqualify the employee involved from consideration for later advancement. Demotions effected as alternatives to layoffs may be fully or partially rescinded at any time. Salary may be affected by a requested demotion and an employee may be required to start at the entry level of the lower position or at a set percentage above entry based on skills and ® experience. Section 8. Applications Initial applications for employment shall require an application form completed and returned to the Human Resources Department during the specified job posting period. A separate application form must be completed for each position in which the individual is interested. City employees interested in applying for an internal vacancy should notify Human Resources in writing prior to the closing date. Existing employees are not required to submit a completed application form, although they may wish to update the current one on file. Section 9. Evaluation of Applicants The individual hiring departments will screen applicants based on ® prior experience as it relates to the requirements of the open position. Reference checks, interviews, medical examinations, background investigations, written tests, and /or other screening procedures may be used to select the best qualified person for the job. Section 10. Disqualification An applicant shall be disqualified from consideration if he or she: a. does not meet the qualifications necessary for performance of the duties of the position involved; b. has made a false statement of material fact on the application form or supplements thereto; C. has committed or attempted to commit a fraudulent act at any stage of the selection process; d. is an alien not legally permitted to work; e. does not successfully complete all pre - employment procedures which include, but are not limited to: ® 11/88 2 -3 H 1. background investigation ® 2. physical, including drug and alcohol screen 3. driving record check Any applicant may be disqualified from consideration upon other reasonable grounds relating to job requirements. Section 11. Referral and Selection ® The Director of Human Resources shall develop standard operating procedures for the referral of applicants to the departments for final selection. Once the selections are made, the supervisor shall return the applicant file to the Human Resources Department. It is then the responsibility of the Human Resources Department to instruct them through the remainder of the employment process. v ® 11/88 2 -4 n • 17J Section 3. Type Appointments shall be designated regular, temporary or part -time. 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 governing 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 positions requiring continuous, seasonal, or intermittent performance. Section 4. Nepotism No employee may directly or indirectly supervise or be supervised by a member of his or her immediate family. Immediate family includes step - children, husband, wife, son, daughter, father, mother, brother, sister, father -in -law, mother -in -law, brother - in -law, sister -in -law, grandfather, grandmother, grandson, granddaughter, son -in -law, and daughter -in -law. The City Manager may apply the nepotism prohibition in the case of other organizational and /or personal relationships when failure to do so would be detrimental to the City. Civil Service employees are additionally governed by Civil Service Rule 10. Section 5. Residence There shall be no absolute residence requirement for City employment except 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 ranges of their places of work. 11/88 3 -1 CHAPTER 3 APPOINTMENT Section 1. Authority Except as otherwise provided by Charter or Ordinance, the appointing authority for all city positions shall be the City Manager or his /her designee. ® Section 2. Basis Appointments shall be made based on the qualifications of applicants as ascertained through fair and practical selection methods. 17J Section 3. Type Appointments shall be designated regular, temporary or part -time. 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 governing 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 positions requiring continuous, seasonal, or intermittent performance. Section 4. Nepotism No employee may directly or indirectly supervise or be supervised by a member of his or her immediate family. Immediate family includes step - children, husband, wife, son, daughter, father, mother, brother, sister, father -in -law, mother -in -law, brother - in -law, sister -in -law, grandfather, grandmother, grandson, granddaughter, son -in -law, and daughter -in -law. The City Manager may apply the nepotism prohibition in the case of other organizational and /or personal relationships when failure to do so would be detrimental to the City. Civil Service employees are additionally governed by Civil Service Rule 10. Section 5. Residence There shall be no absolute residence requirement for City employment except 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 ranges of their places of work. 11/88 3 -1 C7 • n Section 6. Medical Examinations Persons processed for initial appointment or reinstatement shall undergo a thorough medical examination including alcohol and drug ® screen at the City's expense. Employment shall be contingent upon successful completion of the medical examination in relation to the standards of fitness required for the position involved. The supervisor, in coordination with the Director of Human Resources, may require that a current employee successfully undergo a medical examination to determine fitness for continued employment or for promotion or other personnel action. Existing employees may appeal to the City Manager through the written grievance procedure rules. Section 7. Proof of Age and /or Work Certificates Misrepresentation of age does not relieve the employer of responsibility for unlawful employment of minors. Therefore, it will be necessary to obtain Work Certificates or other proof of age up to the age of eighteen. A copy of the Work Certificate or proof of age shall be retained permanently in the employee's personnel file. Is Section 8. Employment of Minors Minors between the age of sixteen and eighteen may not be employed in any hazardous occupation as defined by current laws and regulations. Minors under sixteen are generally permitted to work under very limited circumstances and, therefore, should not be employed unless a special program is approved by the City Manager or City Council. Section 9. I -9 Requirements The Immigration Reform and Control Act of 1986 requires employers to verify the citizenship or authorization to work in the U.S. on all people employed since November 6, 1986. Section 10. Notification of Job Care should be exercised not to notify an applicant that he /she has a job until all pre - employment requirements such as physical, background investigations, etc... have been satisfactorily completed. 11/88 3 -2 CHAPTER 4 PROBATION Section 1. Probationary Period Every person initially appointed to a position in the City under • regular appointment shall be required to successfully complete • probationary period of one year. Existing employees promoted shall be required to complete a six month probation period. Section 2. Purpose Department Directors and supervisors shall use the probationary period to closely observe and evaluate the work 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. Performance will be evaluated at the six month interval during probation or any other time deemed necessary by the supervisor. Section 3. Failure of Probation An employee shall fail probation when, in the judgment of the Department Director, the employee's fitness and /or quality of work is 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 will be separated from the City service. A newly promoted employee who fails probation may be returned to his or her former type of job, if available and approved by the Department Director, and shall be eligible for consideration for later advancement. Department Directors shall insure the thorough documentation of all cases of failure of probation. Section 4. Appeal of Failure of Probation An employee failing probation shall have no right of appeal except on the grounds of discrimination prohibited by law: race, sex, national origin, handicap or veteran, in which case, the employee may appeal in writing to the Human Resources Director as outlined in Chapter 10, Section 8. 11/88 4 -1 11 J H r CHAPTER 5 PERFORMANCE EVALUATION Section 1. Performance Evaluation Report The work performance of each regular employee shall be evaluated in accordance with pay for performance plan procedures developed by the Director of Human Resources and approved by the City Council. An employee shall be evaluated on a six month basis during the anniversary month of his or her last raise date or last promotion. Special evaluations may be made if authorized by the Department Director and /or the City Manager or designee. Probationary employees shall be evaluated at the 6 month point of their probationary period and shall be evaluated prior to the completion of their probationary period. BASIC PHILOSOPHY AND OBJECTIVES Philosophy It is a basic philosophy of the City of Baytown to develop and maintain a system of performance appraisal that achieves two broad purposes: 1) The provision of on -going and structured communication between supervisors and employees. Recognizing the desire and need of employees to know how their performance is reviewed by their supervisors, the system should enable: -- Frank and constructive feedback -- Recognition of past performance (positive and negative) -- Coaching and counseling in ways to improve performance -- Mutually developed goals for future performance -- Communication of evolutionary changes in job requirements -- Identification of training needs 2) The foundation for a fair and equitable compensation system. This is achieved by: -- Tying salary increases to performance -- Reinforcing desired behavior -- Providing input for future career opportunities A graduated scale of percentage salary increases is tied to demonstrated performance by employees. Thus those employees performing above the expectations of the job are justly compensated. 11/88 5 -1 `- l y C7 IC r� IP objectives Within the above stated purposes, the City's system also has the following key objectives: -- To monitor organizational effectiveness and the attainment of organizational goals. -- To identify training needs. -- The system should be communicated and understood by City employees. -- The system should provide sound management information, including historical performance records. -- The system should be flexible. -- The system should be reviewed periodically and revised as needed, especially if there is a change in the organization's goals, technology, procedures, or workload. 11/88 5 -Z v H 0 CHAPTER 6 CLASSIFICATION Section 1. Plan Preparation and Maintenance Subject to approval of the City Manager, the Human Resources Director shall prepare and administer a classification plan for the City service based on analysis of the duties and responsibilities of positions. Positions shall be allocated to appropriate classes based on objective factors. An employee may request, through his /her supervisor, that his/ her position be reviewed for proper classification. Section 2. Effect of Reallocation An employee in a position which is reallocated from one class to another 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. Working or functional titles may be otherwise used as 0. appropriate. Section 4. Transfers and Promotions Hli An employee's change in classification to a job holding the same grade is considered a transfer. An employee's move to a higher grade classification is considered a promotion. Section 5. Definitions of Employee Status Full time employee is defined as an employee regularly scheduled for a minimum of 40 hours per week with continuing service in excess of one year and /or is eligible for all benefits provided by the City of Baytown. Part time employee is defined as an employee regularly scheduled for a maximum of 20 hours per week or less than 1,000 per year and not entitled to benefits provided by the City of Baytown. Seasonal employee is defined as an employee hired for a specific seasonal activity. 11/88 6 -1 n • C: 5 Probatinna ry rrfiployrr 15 defined a5 an employee on a full time ® continuing basis with less than one year of service or newly promoted employee with less than six months in the new position. Temporary employee is defined as an employee hired for a specific job and time period and not eligible for benefits provided by the City of Baytown. 11/88 6 -2 Ll • CHAPTER 7 COMPENSATION Section 1. Fair Labor Standards Act Policies and Procedures I. Policy: The City of Baytown complies with the Fair Labor Standards Act. II. Purpose: The purpose of this policy is to ensure the City of Baytown's compliance with the Fair Labor Standards Act. This policy will outline all changes that the City of Baytown will undertake to ensure compliance with said act. A. Effective Date of Compliance: October 15, 1985 B. Liability Date: April 15, 1986 C. Policy Implementation Date: October 15, 1985 III. Overtime: All hours worked in excess of the standard forty (40) hours per work week as defined by FLSA, with the exclusion of uniformed fire /police /EMS personnel which are addressed herein, shall be paid at the rate of one and one half times the employees normal hourly rate. A. Compensatory Time: Compensatory time given during the week in which it was earned will be traded hour for hour because the flex time used results in no actual overtime for the week. B. Scheduling of Overtime and Compensatory Time: All overtime must be approved by the supervisor, Department Director, or designated representative prior to working in excess of scheduled hours. (Emergency situations refer to department rules.) Compensatory time off, at one and one -half times the hours of overtime worked, may be permitted in lieu of actual cash payments subject to Department Director's determination. There is a cap on the amount of compensatory time that can be accrued. ® Individual departments within the City may further define the cap on compensatory time to ensure the ® 11/88 7 -1 L �J n C7 efficient operations of the department. The cap on compensatory time can not exceed: - 320 actual hours = 480 comp hours for fire and police personnel. - 160 actual hours = 240 comp hours for all other employees. Hours in excess of this amount must be paid. C. Time Department Directors and supervisors should schedule flex time where applicable for more efficient operation of the department and to minimize overtime. D. Uniform Fire Personnel: UFP will be paid at the overtime rate of time and one -half for all hours worked in excess of 196.9 hours in a 26 -day period. All unworked holidays, sick days and vacation days will be deducted from the total hours worked prior to the calculation of overtime. Overtime is calculated utilizing only worked time. E. Holiday, Sick and Vacation Hours: These hours will be deducted from the standard work period prior to the calculation of the overtime rate. (E.G., Employee works 8 hours on M, T, W, and on Thursday works 12 hours and is off 8 hours Friday because of vacation. He /she shall receive 36 hours of regular pay and 8 hours of vacation pay. He /she will not receive any overtime pay. Time actually worked on a Holiday will be paid at the double time rate or can be accrued to be taken at a later date. F. Flex Time: Department Directors are encouraged to use flex time and compensatory time where possible. Flex time hours must be scheduled in the same week to eliminate overtime, but comp time can be banked up to the amounts mentioned in III(b). Department Directors shall not purposely schedule these hours to circumvent the intent of the Fair Labor Standards Act. 11/88 7 -2 C] C� 9 E H IV. Eligible Employees: All employees shall be divided into two classes, 1) those that are exempt from the provisions of FLSA and 2) those that are non - exempt from the provisions of FLSA as defined in the act. V. Special Pay: A. Certificate Pay: In cases where there is overtime, certificate pay will be added to the hourly rate to be included in overtime calculations. B. Court Time: Additional pay for police court time is applicable only when that time results in an excess of 40 hours in a week and then will be paid at time and one -half. C. Acting Pay_: Weeks where there is actual hours worked in excess of 40 hours, or 196.6 for 24 hour shift personnel, and acting pay is involved, the calculation of overtime rate will be paid as designated by this policy. D. Shift Differential: Shift differential will be included in hourly rate for calculating the overtime rate of hours actually worked in excess of 40 hours in a designated work week. VI. Allowances: Employees authorized to receive clothing allowance shall be paid on a reimbursement basis up to the annual amount designated by City Council. Each employee must submit receipts for reimbursement along with the proper paperwork at least on a semi - annual (April 15th and September 15th) basis, but not more than quarterly basis. Car and tool allowances will be included in the hourly rate for calculating the overtime rate for actual hours worked in excess of 40 hours. VII. Standby Time: 11/88 All employees who are engaged to be waiting will be paid at the overtime rate. All employees who are waiting to be engaged and are subsequently called into service shall be paid at the overtime rate from the moment they clock in until the job is completed when the hours exceed 40 in a work week. 7 -3 a B City of Baytown are permitted to volunteer job for the City if the volunteer work is that person does on a regular basis for plant operator volunteering to umpire at These hours will be excluded from overtime Timekeepers will have full responsibility for calculating, monitoring and reporting hours worked in excess of 40. It is recommended that a record be maintained in addition to the computerized timesheets to assure accurate reporting of all approved overtime hours. The designated pay week for all City personnel with the exception of Uniform Fire Personnel and EMS will be Saturday through Friday, for the purpose of calculating overtime. Section 2. Longevity Regular full -time non -civil service employees shall be entitled to four dollars ($4.00) per month for each year of service to the City, not to exceed twenty -five years. Longevity for civil service employees should be consistent with the rates provided by Tex. Loc. Gov't Code Ann. Chapter 143. Regular part -time and temporary employees shall not accrue longevity. Section 3. Release of Payroll Checks Payroll checks will not be released to the employee's family members without a signature on file in the Human Resource Department authorizing such action. 11/88 7 -4 VIII.Second Jobs: Si Employees of the to work a second not the same work the City. (e.g., baseball games.) computation. ® IX. Procedure Changes: City of Baytown are permitted to volunteer job for the City if the volunteer work is that person does on a regular basis for plant operator volunteering to umpire at These hours will be excluded from overtime Timekeepers will have full responsibility for calculating, monitoring and reporting hours worked in excess of 40. It is recommended that a record be maintained in addition to the computerized timesheets to assure accurate reporting of all approved overtime hours. The designated pay week for all City personnel with the exception of Uniform Fire Personnel and EMS will be Saturday through Friday, for the purpose of calculating overtime. Section 2. Longevity Regular full -time non -civil service employees shall be entitled to four dollars ($4.00) per month for each year of service to the City, not to exceed twenty -five years. Longevity for civil service employees should be consistent with the rates provided by Tex. Loc. Gov't Code Ann. Chapter 143. Regular part -time and temporary employees shall not accrue longevity. Section 3. Release of Payroll Checks Payroll checks will not be released to the employee's family members without a signature on file in the Human Resource Department authorizing such action. 11/88 7 -4 �- 7 C C CHAPTER 8 ABSENCE ® Section 1. Holidays New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, one additional floating holiday, and such other days as may be declared by the City Council shall be observed as official holidays for City employees in accordance with the following rules: a. As many employees as possible shall be given each holiday off consistent with the maintenance of essential City functions. b. Full -time regular employees shall be entitled to paid holidays. C. Part -time and temporary employees may be granted unpaid holidays. d. A regular employee who works on an official holiday as is directed may: (1) be paid for the time worked at double the regular rate and have the holiday deducted from holiday accrual; (2) be given equivalent compensatory time off, or (3) accrue the holiday as administratively determined. e. If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls on Sunday, the following Monday shall be observed. f. An employee in authorized or unauthorized leave of absence without pay status must work the day before and the day after the holiday to receive a paid holiday. g. Employees desiring to observe religious holidays not coinciding with official holidays may be given time off without pay or may be authorized to use accrued vacation leave. Section 2. Vacation Regular full -time non -civil service employees shall earn vacation leave as follows, except that continuing employees earning vacation leave prior to October 1, 1975, shall earn no less than 15 days per year. 11/88 8 -1 I❑ C • Years of Service Vacation per Year Monthly Accrual 0 - 6 10 days .83 days 7 - 14 15 days 1.25 days 15 - 22 20 days 1.67 days Over 22 25 days 2.08 days Civil Service employees shall earn vacation leave as follows: ® Years of Service Vacation per Year Monthly Accrual 0 - 18 15 days 1.25 days 19 - 24 20 days 1.67 days Over 24 25 days 2.08 days Vacation leave shall be administered according to the following rules: 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 Directors 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 the first six months of their probationary period. Any employee who is separated from City service for any reason during this first six -month period will not be compensated for vacation leave, but may take accrued days after six months of employment. f. Employees who have successfully completed six months of the probationary period, who are separated from City service for any reason, shall be paid for any unused vacation leave up to but not greater than the maximum vacation accrual leave. 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. 11/88 8 -2 0 E u G �7 S 0 v i. Deferred vacation will be authorized only in exceptional cases. All requests for deferred vacation shall be submitted to the Human Resource Office. Deferred vacation shall be completed as soon as the Department Director can conveniently schedule it in the following year. A deferred vacation not taken by the end of the year following that year in which it 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 3. Sick Leave Regular full -time employees shall be allowed sick leave with full pay in accordance with the following rules: 11/88 a. A full -time employee shall earn 15 days of sick leave annually at the rate of 1.25 days per month. b. Accumulation of sick leave credits for use during employment shall be unlimited. Sick leave credits will not be restored upon rehire. C. Sick leave may be taken in increments equivalent to one hour of work because of personal illness, injury, legal quarantine, or routine health care appointments which cannot reasonably be scheduled outside of working hours. d. An employee's verification o of sick time. quarter, an certification verification to supervisor may request and obtain f the circumstances surrounding any use Upon using 3 days of absence in a employee may be placed on medical and required to bring a doctor's receive pay for any additional absence. Employees placed on medical certification should be notified of this action and this documentation should be forwarded to Human Resources for the personnel file. Upon the successful completion of the stated period, an employee again should be notified of the end of the medical certification requirement and a copy should be sent to Human Resources for the file. 8 -3 n v .7 e. Accrued vacation leave may leave. Pay shall disconti exhausted. f. An employee who becomes vacation may request that and the time of the illness be used to supplement sick aue when authorized leave is ill or injured during a the vacation be terminated be charged to sick leave. g. 1. Full -time employees, employed after September 30, 1984, who have completed five (5) years of service with the City, and are separated for nondisciplinary reasons shall be paid for one half of their accrued sick days up to a maximum payment of 45 days calculated to the lowest whole day. Those employed prior to the date above, except Civil Service employees, who are separated for any reason shall be paid for all of their accrued sick leave up to a maximum payment of 90 days. Employees who have completed ten (10) years of service who are separated from the City of Baytown for any reason other than death and retirement shall be paid for all accrued sick leave up to a maximum payment of 90 days; such employees separated due to death or retirement shall be paid up to a maximum of 120 days. 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) or resignation(s), except those re- employed after a period greater than six (6) years since their last employment with the City shall not be subject to the provisions of this sub - paragraph and shall receive the full benefit outlined in sub - paragraph (1) based upon their last date of re- employment with the City. h. Sick leave credits are not transferable between employees. i. Department Directors, after ascertaining the exact circumstances, have the discretion to allow a regular employee up to three (3) days of sick leave per calendar year in the event of a serious or contagious illness within the employee's immediate family or household. Immediate family is defined as in the provision concerning nepotism. 9 11/88 8 -4 11 n y j. Regular part -time and temporary employees shall not ® accrue sick leave. k. Civil Service employees shall accumulate sick leave and receive pay for unused sick leave upon termination as outlined in Chapter 143 of the Local Government Code and required by state law. ® Section 4. Military Leave Military leave shall be granted in accordance with applicable State and Federal laws. Employees preparing to take authorized military leave shall furnish their Department Director with copies of military orders or other appropriate certification. Final approval shall be made by the City Manager. Section 5. Emergency Leave Department Directors, after ascertaining the exact circumstances, may grant a regular employee up to three working days of paid emergency leave in the event of a death within the employee's immediate family or household. Emergency leave shall not be charged against vacation or sick leave. Immediate family is defined as in the provision concerning nepotism. Temporary employees may be granted unpaid emergency leave in the above circumstances. Section 6. Administrative Absence With Pay An employee ordered not to report to work or who cannot report for work because of inclement weather or disaster may be granted administrative absence with pay by the City Manager. Employees shall be granted sufficient administrative absence with pay, when necessary, in order to vote in an official election. Full time regular employees called for jury service shall be granted administrative absence with pay during such service and shall retain any fees paid by the courts. Employees excused or released from jury service shall report to their work stations in accordance with departmental instructions. A copy of the jury summons should be provided to the supervisor. With the approval of the City Manager, a Department Director may grant an employee administrative absence with pay for purposes of attending a professional conference, convention, training activity, legislative proceeding, or civic function or meeting, or for purpose of coordinating with governmental and private agencies and entities in the interest of the City. 11/88 8 -5 Ll 6 Section 7. Authorized Leave Without Pay ® Employees on authorized leave without pay status shall not accrue benefits. In circumstances not falling within 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 8. Absence Without Leave (Lost Time) An employee failing to report for duty or remain at work as scheduled without proper notification, authorization, or excuse shall be considered absent without leave and shall not be in pay status for the time involved. Absence without leave constitutes abandonment of duties, which may result in dismissal. Section 9. Pregnancy and Maternity A pregnant employee is expected t consultation with her physician, working. Except in emergencies, at notice of cessation of work aforementioned notice shall include intentions concerning resumption of o make her own decision, in as to when she will cease least 10 working days written shall be required. The a statement of the employee's 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 appropriate administrative measures. Employees with illnesses or disabilities arising from pregnancy or maternity shall be entitled to benefits on the same basis as employees with other types of temporary illnesses or disabilities. A full release is required before returning to work from any temporary disability or extended illness. Section 10. Injury on the Job In order to maintain better cost control and the need for temporary labor in cases of work related illnesses and injuries; the City has developed the following Worker's Compensation policy. All employees that receive benefits are eligible for supplemental injury pay. All employees are eligible for worker's compensation pay as stated in the Texas Worker's Compensation Law. An employee injured in the line of duty shall receive worker's compensation and injury leave benefits under terms and conditions ® prescribed in the applicable programs. Worker's compensation 11/88 8 -6 El 1 benefits may be supplemented by the City, under the provisions ® specified below to ensure that a disabled employee receives full salary for 40 working days or 8 weeks, per injury, provided employees covered by Chapter 143 of the Local Government Code may receive supplemental benefits up to one year, defined as 260/261 days from date of injury. I. Worker's Compensation Pay A. All City of Baytown employees who lose work time due to an on- the -job injury or work related illness, will be paid Worker's Compensation in an amount set by the State of Texas Industrial Accident Board. 0-4 II. B. These payments will commence on the eighth calendar day an employee is off and will continue until the employee either returns to work, or makes a settlement with the City of Baytown's insurance carrier. C. The first seven calendar days off work will not be paid for by Worker's Compensation until the employee is off work for more than 28 calendar days. Checks for the second week will commence at approximately the third week after the injury /illness was reported. D. When Worker's Compensation is paid to an employee, and the City has paid the employee in supplemental pay over the scheduled amounts, the overage will be deducted from the net amount of the employee's regular payroll check(s). Worker's Compensation Supplemental Pay A. Full time employees may be eligible for supplemental injury pay commencing with their first day of absence due to an on- the -job compensable injury or work related illness. B. Employees eligible for supplemental pay will be paid per the schedule below until they return to light or regular duty. Length of Service 0 - 1 year 1 - 5 years 5 and up Benefit Payment W/C payment only 75% of gross pay 100% of gross pay (The above percentages include payment by Worker's Compensation, i.e, w/c + supplemental = 75% of gross.) 11/88 8 -7 Ll h F. Employees may be released from employment through medical separation for inability to perform the duties of the position. If an employee is terminated for any reason, supplemental pay will be stopped. G. Employees must submit complete and accurate information regarding job injuries, illnesses, disabilities, causes of such, medical care and treatment to their immediate supervisor. H. To receive supplemental pay, an employee must report an injury to his /her immediate supervisor (on site or on call) on: A. Weekday - must report the day of the injury B. Weekend - must report the injury by the next regular work day C. Nights - must report the injury by the next work day I. The recommendations regarding care and treatment of the injury /illness by the medical service supplied by the City of Baytown or selected by the individual must be followed. If medical service is selected by the employee, the employee must provide for communication of the disability, injury, illness, medical care and treatment between his or her selected service, the safety office and the City's physician. Failure to follow doctor's orders or the City's request for communication may result,in termination. J. The amount of communication required is established by each department supervisor and safety coordinator at the outset of the absence relating to an on- the -job injury /illness. The communication must be maintained ® by the employee with the city during the period of the disability or supplemental pay may be stopped. 11/88 8 -8 C, Pay will be supplPmented for a maximum of 40 working days per year. Worker's Compensation payments will continue as stated in the Texas Worker's Compensation Manual. D. Civil Service employees may receive supplemental pay for a one year period immediately following the date of accident, 260/261 days, and paid in accordance with the Civil Service Statutes. E. No supplemental pay will be given to employees released for light duty. Employees refusing light duty may use sick time if available, or if not, time missed will be lost time. F. Employees may be released from employment through medical separation for inability to perform the duties of the position. If an employee is terminated for any reason, supplemental pay will be stopped. G. Employees must submit complete and accurate information regarding job injuries, illnesses, disabilities, causes of such, medical care and treatment to their immediate supervisor. H. To receive supplemental pay, an employee must report an injury to his /her immediate supervisor (on site or on call) on: A. Weekday - must report the day of the injury B. Weekend - must report the injury by the next regular work day C. Nights - must report the injury by the next work day I. The recommendations regarding care and treatment of the injury /illness by the medical service supplied by the City of Baytown or selected by the individual must be followed. If medical service is selected by the employee, the employee must provide for communication of the disability, injury, illness, medical care and treatment between his or her selected service, the safety office and the City's physician. Failure to follow doctor's orders or the City's request for communication may result,in termination. J. The amount of communication required is established by each department supervisor and safety coordinator at the outset of the absence relating to an on- the -job injury /illness. The communication must be maintained ® by the employee with the city during the period of the disability or supplemental pay may be stopped. 11/88 8 -8 E 5 ® 11/88 K. The employee must make himself or herself available for in- organizational or home consultation with the City of Baytown during the period of disability when requested to do so. L. The employee will submit to such physical examination that the City deems necessary. The City physician will evaluate and make recommendations to the City regarding progress, return to work dates, or extended leave situations requiring medical separation. M. No employee on light duty will work overtime. N. Disagreement between doctors opinions will be settled by the method established by the City of Baytown, Human Resources Director as agent of the City of Baytown. Such decisions may be appealed to the City Manager by either party according to the rules established in Chapter 10, Section 1, contingent upon the above mentioned procedures. Failure to abide by the above criteria may result in the forfeiture of supplemental benefits and result in disciplinary action including termination. 8 -9 :7 C n H r� CHAPTER 9 CONDUCT Section 1. Attendance Employees shall be at their places of work in accordance with City and departmental policies and regulations. Department Directors shall establish work schedules and maintain daily employee attendance records. Section 2. Work Standards It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and economy while working for the City. Department Directors shall organize and direct the work of their departments to achieve these objectives. If the work habits, production, and /or personal conduct of an employee falls below appropriate standards, supervisors should point out the deficiencies at the time they are observed. Counseling and warning the employee, if there is sufficient time for improvement, should ordinarily precede formal disciplinary action. The City of Baytown maintains a practice of progressive discipline. The steps are outlined but not limited to the following: a) verbal warning b) written performance consultation c) suspended /days off without pay d) termination Nothing herein shall prevent immediate formal action, as provided elsewhere in these rules, whenever the interest of the City requires. Probationary employees refer to Chapter 4, Section 3. Section 3. Safety Standards a) All employees of the City are required to comply with safety standards and guidelines established by the City and their respective departments. Section 4. Political Activity Except as may be otherwise provided by law, the following restrictions on political activity shall apply to City employees: 11/88 a) City employees shall not use their positions for or against any candidate for public office in any jurisdiction. 9 -1 U 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 petition or campaign literature on behalf of any candidate for public office. c) City employees .shall not engage in any political activity, with or without remuneration, that would ® constitute a conflict of interest with their City employment. Section 5. Solicitation U 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 prior approval of the City Manager. No employee may be required to make any contribution nor may an employee be penalized in any way in connection with his or her employment according to his or her response to a solicitation. Section 6. Outside Employment An employee shall not engage in outside employment, including self - employment, where such employment would constitute a conflict of interest or would adversely affect the employee's performance in the City service. Outside employment must be reported to and approved by the Department Director. Section 7. Physical Fitness It shall be the responsibility of each employee to maintain the standards of physical fitness required for performing his or her job. Section 8. Personal Appearance All employees, regardless of work location and degree of public contact, are expected to dress appropriately and in good taste and are expected to maintain a good general appearance at all times. Dress Guidelines are discussed during the orientation process and copies are available in the Human Resources Department. Section 9. Financial Obligations All employees are expected to affairs in good order. Failure taxes, may constitute grounds performance is impeded. 11/88 keep their personal financial to pay just debts, including for disciplinary action if job 9 -2 n Section 10. Alcohol and Drug Screening Procedures It is the policy of the City of Baytown to maintain a safe work environment. All personnel, equipment and operating practices must be consistent with the highest standards of health and safety. Being a public employer, the City is entrusted with the health ® and safety of its citizens. In keeping with this obligation, individuals who seek employment with the City of Baytown will be required to undergo drug screening procedures as part of the pre- employment physical examination. As a condition of employment, applicants for employment must successfully complete a urinalysis drug screen test as part of the pre - employment medical examination. All findings will be evaluated by the City's designated Physician, and those found to be positive will be denied employment. If the applicant is found to be positive for legal drugs, he /she must provide within 24 hours of request by the City, a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide a current prescription, or if.according to the City's designated Physician, the drug is one that impairs the applicant's ability to perform the job duties, the applicant will be denied employment. All employees of the City of Baytown have a right to work in a drug and alcohol free work environment. The safety concerns as well as potential liability issues make it imperative that the City operate under these standards. In order to protect the safety of all employees and act in the best interest of the City of Baytown, the City Manager shall outline specific policies to accomplish this purpose. The City considers consumption of or being under the influence of intoxicating beverages while on duty just cause for termination. An employee who while on duty is found to be under the influence of alcohol to the degree he /she endangers himself or herself or another is also subject to termination. The City also considers a positive drug screen indicating illegal drugs in the body to be just cause for termination. All presence of illegal drugs in the body /system as indicated by a positive drug screen is a violation of this policy. The City does not have the responsibility to prove impairment. • 0 11/88 9 -3 v 171 Section 11, Voluntary Rehabilitation Voluntary treatment for drug /alcohol problems, prior to any drug or alcohol screening, will result in the employee being placed on one year's probation. The employee shall be required to complete a rehabilitation program with progress reports furnished to the City. The employee shall be subject to continued drug and alcohol screening at the discretion of the City. Failure to comply with the provisions of this condition of employment or a ® positive test result indicating drugs or alcohol in the system shall result in immediate termination. El The City recognizes that alcohol and drug abuse can be successfully treated and provides an Employee Assistance Program to assist employees and their dependents. This option may be considered if chosen voluntarily prior to any drug screen. (Contact the Human Resources Department for information.) 11/88 9 -4 9 CHAPTER 10 DISCIPLINE, APPEALS, AND GRIEVANCES ® Section 1. Grounds for Disciplinary Action The City Manager or designee thereof may take disciplinary action against an employee for just cause. Just cause shall be related to the job involved and shall include but not be limited to illegal, unethical, abusive, or unsafe acts; violation of City rules, regulations, policies, or procedures; insubordination; inefficiency; neglect or abandonment of duties; participation in prohibited political activity or solicitation; abuse of sick leave, injury leave, disability leave, or other benefits; tardiness or absence without leave; falsification of official documents or records; using or a presence in the system of illegal drugs or under the influence of intoxicating beverages while on duty; waste, damage, or unauthorized use of City property or supplies; unauthorized use or disclosure of official information; unauthorized or improper use of official authority; failure to respond to or cooperate with a city investigation. Section 2. Types of Disciplinary Action ® Formal disciplinary action taken shall be consistent with the nature of the deficiency or infraction involved and the record of the employee. Formal disciplinary action shall include written reprimand, suspension, reduction in pay, demotion, and dismissal. Any of the foregoing types of formal disciplinary action may be invoked for a particular deficiency or infraction, depending upon the exact circumstances. An employee may be formally warned at any time that he or she may be dismissed or otherwise disciplined for further unsatisfactory performance and /or conduct. H Nothing herein shall prohibit the administration of informal disciplinary action, such as oral reprimands, for just cause. Human Resources must be advised of and consulted prior to release or discharge of an employee. Section 3. Written Reprimand As a step in the discipline process, an employee may be reprimanded in writing. The written reprimand shall describe the deficiency or infraction involved and may state the likely consequences of further unsatisfactory performance and /or conduct. 11/88 10 -1 r1 �J n 9 C7 Section 4. Suspension A Department Director may suspend an employee without pay for disciplinary reasons. A written notice of suspension must be ® given to the employee which describes the deficiency or infraction involved and may state the likely consequences of further unsatisfactory performance and /or conduct. The suspension shall be noted in the employee's official personnel file. When an employee is under investigation for a crime or official misconduct or is awaiting hearing or trial in a criminal matter, he or she may be suspended for the duration of the proceedings when such suspension would be in the best interests of the City and the public. If the investigation or proceedings clear the employee, he or she shall be eligible for reinstatement under such terms and conditions as may be specified by the City Manager. Section 5. Reduction in Pay As a step in the discipline process, an employee's pay may be ® reduced. A written notice of.reduction must 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. The reduction shall be noted in the employee's official personnel file, but the employee shall not be disqualified from consideration for later pay increases. Section 6. Demotion An employee may be demoted upon the employee's request or for disciplinary reasons by the supervisor for inability to adequately perform the current job if an opening exists in a lower level position. This decision is an alternative to termination, at the discretion of the Department Director, based on the employee's prior proven work record and job performance. A written notice of demotion must 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. The demotion shall be permanently noted in the employee's official personnel file, but the employee shall not be disqualified from consideration for later advancement. 11/88 10 -2 n CJ r U C, P� Section 7. Dismissal The Human Resources Director must be advised and consulted prior to release or dismissal of any employee. Prior to dismissal, a City employee is entitled to a pre- termination hearing with their supervisor. An employee dismissed from City employment will receive a written notice of dismissal which describes the deficiency or infraction involved. Section 8. Appeal of Disciplinary Action Formal disciplinary action taken under this chapter may be appealed using the following procedure: Upon unsuccessful resolution up the chain of command within the department, a formal appeal of such action may be filed in writing directly to the Human Resouce Director or his /her representative within five working days following notice of action. All written appeals should include a statement of action taken against the employee, and why the employee feels such action is inappropriate. The Human Resources Director, after conducting investigations, shall make recommendations to uphold the disciplinary action or suggest possible alternative actions with regard to the appeal. Upon receipt of the determination made by the Human Resources Director, the employee shall have three (3) working days to notify the Human Resources Director in writing that he /she desires to appeal to the City Manager. The Human Resources Director shall, after receiving such request, forward all documents along with the Director's recommendation to the City Manager within five (5) working days from the receipt of the request. The employee against whom disciplinary action is taken shall be entitled to appear personally before the City Manager, with or without counsel (if all previous provisions have been complied with). All parties shall have the opportunity to present testimony, evidence, and witnesses. Each party will be allowed to cross - examine witnesses. The City Manager 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 concerned. 11/88 10 -3 • n 1�1 Section 9. Grievance Procedures 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 Human Resources Director within fifteen (15) calendar days after the cause of the grievance arises or becomes known to the employee. The Human Resources Director, in a forum consisting of the dissatisfied employee(s), Department Director, and any supervisory personnel involved, may 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 Human Resources Director's suggestion(s), they may request a review of the grievance by the City Manager. This request must be filed within three (3) working days of the Human Resources Director's suggestion(s). The Human Resource Director, after receiving such a request, shall forward all documents along with the grievance and the Director's suggestions to the City Manager within five (5) working days of the receipt of this request. The City Manager shall review all documents regarding the grievance and conduct any further investigation he /she chooses and render a final written decision which will be final and binding on all parties concerned. 11/88 10 -4 C a u E CHAPTER 11 NONDISCIPLINARY SEPARATION Section 1. Resignation An employee may leave the City service in good standing by submitting his or her resignation with at least 10 working days advance notice. The Department Director may waive any portion of the notice period. Section 2. Layoff An employee may be laid off because of changes in duties or organization or for lack of work or funds. Whenever possible, an employee laid off shall be transferred to a suitable position elsewhere. Whenever possible, at least two weeks' 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 substantially equivalent records of job performance and efficiency, with the most senior employees being retained the longest. Temporary employees shall be laid off before regular employees performing similar duties. Layoffs shall not be considered disciplinary actions. Section 3. Incapacity An employee may be separated for incapacity for medical reasons when the employee no longer meets the standards of fitness required for the position. A finding of incapacity shall be made through individual medical determination by competent authority as prescribed by the Human Resources 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 4. Retirement Eligible employees may be separated by retirement in accordance with applicable programs. Section 5. Insurance and Retirement Eligible employees shall receive insurance and retirement benefits as prescribed in the applicable programs and approved by City Council. Booklets are available in the Human Resources Department. 11/88 11 -1 C a C7 v E! The following criteria determines retiree's eligibility for insurance programs: 1) An employee must have contributed 10 years of service to the City and met the vesting or disability requirements established by the Texas Municipal Retirement System, and, 2) In addition to years of service, an employee must be of the age requirement set by the Texas Municipal Retirement System and actively receiving benefits in the form of retirement compensation at the time employment with the City terminates. 3) Future updates and modifications will be defined by the eligibility requirements set forth by the Texas Municipal Retirement System. 11/88 11 -2 • E CHAPTER 12 REINSTATEMENT ® Section 1. Following Layoff A person who was laid off, including a former temporary employee separated upon completion of duties, may be routinely recalled to work at any time provided the person remains qualified to perform the duties of the position. Section 2. Veterans Employees who left the City service in good standing to enter into duty with the armed forces of the United States shall be eligible for reinstatement in accordance with applicable State and Federal laws. Section 3. Return from Military Leave A person who left a job to enter the armed forces, receives an honorable discharge, and makes application for re- employment within 90 days of discharge shall be reappointed to a similar position, if qualified for the position, when an opening exists. An employee reinstated following military leave shall be treated the same as an employee returning from leave of absence without pay and be entitled to the same benefits. Restoration of seniority and benefits shall be in compliance with State and Federal laws. 11/88 12 -1 L 0 i CHAPTER 13 PERSONNEL FILES AND REPORTS Section 1. Personnel Files The Human Resources Director shall maintain the official personnel files for all City employees. Unless otherwise provided by law, personnel files and information contained therein shall be confidential and may not be used or divulged for purposes unconnected with the City personnel management system except with the permission of the employee involved. Nothing herein shall prevent the dissemination of impersonal statistical information. An employee has the right to review the documents contained in his /her personnel file by making an appointment in advance with the Human Resources Director or Human Resources Secretary to review said file. Section 2. Status Change Department Directors shall report changes in personnel status of their employees in accordance with procedures developed by the Human Resources Director. 41 Section 3. Personnel Reports PA The Human Resources Director shall prepare such rosters, narrative reports, statistical summaries, and other reports as are necessary or desirable to provide useful information to the management. 11/88 13 -1 i