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HomeMy WebLinkAboutORD 1982-014 _� ORDINANCE N0. 82-14 i AN ORDINANCE AMENDING CHAPTER 18 , OF THE CODE OF ORDINANCES AND ESTABLISHING PERSONNEL RULES AND POLICIES PERTAINING TO RECRUIT- MENT, HIRING, PERFORMANCE EVALUA- TION, CLASSIFICATION, COMPENSATION, LEAVE, CONDUCT, DISCIPLINARY ACTION, GRIEVANCES PROCEDURES, SEPARATION AND REINSTATEMENT, AND FILES AND REPORTS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVER- ABILITY CLAUSE AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: J Section 1 . That Chapter 18 , Section 18-1 through and including Section 18-24 of the City Code of the City of Grapevine , Texas pertaining to personnel policies is hereby repealed and the following is approved in lieu thereof: . .. .: ,: , : , . . . _ , ,;: < , - :.:�,�i;c+.�Dl�- ...-".., .:s,y.r.,�,. �-;Y-- � _ . ' PERSONNEL RULES C��AP'PER I INTRODUC^1ION Section 1 - Objectives These rules are designed to bring to the Grapevine City service a high degree of understanding, cooperation, efficiency, and unity through systematic, uniform application of m�dern personnel practices. Objec- tives of the City personnel management system, which includes these rules, are: a. to prom�te and increase productivity, efficiency, respon- siveness to the public, and economy in the City service; � b. to provide fair and equal opportunity for qualified persons to enter and progress in the City service ir. a manner based on m�rit and fitness as ascertained through fair �nd practical personnel management methods; c. to maintain recruitment, advancement, and tenure practices enhancing the attractiveness of a City career and encouraging each employee to give his/her best effort to the job and the public; d. to provide and maintain a consistent, up-to-date position classification and cor�pensation plan based on factor eval- uation and ranking of the positions in the City service; e. to develop high m�rale among City err�loyees by fostering good working relationships and by providing unifozm personnel policies, opportunity for advancei�nt, and consideration of er�loyee needs and desires. 1 r _ _ ._ . . . fi•. . .. .. _ .. _. _ _: . , . :. ,- .. . . . , _ . _ ._ . - ... � - . _ - , -- .. ..:.. ... ..:_:.:�. - .:�.�,� �„:�.N.. .. f. ' to retain er�ployees on the basis of the adequacy of their performa�zce, correct inadequate perforniance, and separate e�loyees whose inadequate perforniance cannot be corrected; and g. to assure that employees are protected against coercion for partisan political purposes and are prohibited from using their positions with the City for the purpose of interfering with or affecting the results of an election or nomination for office. Section 2 - F�ual F�nplo�zt Op rtunity Policy Discrimination against any person in recruitrnent, examination, �p- pointr:�ent, training, prom�tian, discipline, or any other aspect of personnel achninistration because of political or religious opinions or affiliations, membership or non�ership 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, sex, or physical disability is prohibited except where specific age, sex, or physical requirements constitute a nEces�ary occupational qualification for proper and efficient adrninistration. Any �nployee who feels he/she has been discriminated against may process a grievance in accordance with procedures an Chapter XI. 2 .'� . . . .-.. ... � . _ . . ' . _ . � . • . ' ._ d . _ n°:.;i•� -�' ?. ' ' I �Z.:. M�rs_•.. , . . . -_ . ...__... ._.._. .:�. ,;; _... . . _.- . . _.. . . . ... �_.� ...._��6'.�� . �., ` . _ . . . � . Section 3 �- Applicability These rules apply to all City employees except where inconsistent �vith Federal or State law, City charter, or ordinance. Elected officials and persons employed under contract to supply professional and technical services and parties appointed to serve without pay shall not be considered City employees for purposes. of these rules. Section 4 - Dissemination All City employees shall be inforrted of the e.Yistence of these nzles, and each departrne.nt shall keep at least one copy available for reference by its employees. � Section 5 - Division of Responsibility With the exception of matters reserved to the City Council, the gen- eral and final authority for personnel management and all decisions under these rules rest with the City Manager. The Personnel Director is delegated the responsibility for developing, ac3ministering, and interpreting personnel policies and procedures as they apply to all departrnents and e�loyees, subject to review and approval by the City Manager. The Personnel Director shall advise management in all areas of personnel administration, including but not limited to employee management relations, training and career develop- ment, and employee health, safety, and r,x�rale. 3 : .. . , � .. _ , cif � . :Y�S.T.�r.. . _ . . -;X- _ . . . . Depart7nent heads and supervisory personnel are responsible for enforcing the provisions of these rules and for cooperating with the Personnel Director on all related matters pertinent to their organizational units. The City shall make ever.y effort to thoroughly acquaint employees with the materials in these personnel rules.and any subsequent revisions. E7nployees are also encouraged to submit suggestions for changes and iur�rovements in personnel policies and procedures. � 4 ,_ , . ,.. .. _. , . _ , . . . ., , .... ..,., , _ _ �-:. ._- :.., . -: . , ..., ... � -..` , _. .:•%- _...i. t. ��::':; �_..,. , ._.:' u:L '-4�";t� r -Z� ��€ �[�„p'X -i .+Y+ -1.�..,` . . .. . . . . . _ ... .. - � ... -, ,.. Y.. 3 . . . . . . .- c , . —�r .. . , _-� . �. .� - .._..:. ........ .: .. ..: ._ ._,. . - . . _ . ... ._,_. . ._ ..,...ntr-��. . . ' PERSCNNII, RULFS CHAPZ�:R II MEI'fiOD OF FILLING VACANCIES Section 1 - V�cancy Identification Departm�xit heads shall notify the Personnel Director when vacancies occur or are i�nninent by using personnel requisition forms as speci- fied by the Personnel Director. The filling of vacancies must be J appraved in advance by the City Manager or his/her designee. Section 2 - Announcement of Vacancies The Personnel Director shall announce by appropriate means all vacancies to be filled in the City service by other than demotion, transfer, te��porary prom�tion, or reinstatement and shall post vacancy announcements on bulletin boards in City offices. Each job announcement, insofar as practicable, shall specify the title, salary, and nature of the job; the required miniirnml qualifi- cations; whether co�etition is open to the general public or re- stricted to City employees; type of selection procedure to be utilized; and the deadline for and rnethod of application. Each annour.cement shall contain a statement confin:l.ing the City co�nit�nt to a policy of equal enployment opportunity. 5 . .. _. ::.... - .. . _ _.. - . _,� .;:::. ,< ._ _,.. : ,.:. . � � � - . . . ... . � , . � . .. � _ . . .. - -- ., . ti - Section 3 •- Promotion Policy A promotion is the assignment of an �loyee from a positicn in one class to a position in another class having a higher maxiirnnn salary. It is City policy to promote from within the service whenever possible. Applications for any particular job may be limited to qualified City e�loyees. Opportunities for promotion across organi- zational lines shall be maximized. Section 4 - Terrg�orary Prom�tions The City r7anager may authorize a teznporary promotion to ensure the proper perform�nce of City functions if a position is vacant or its ; regular inctmlbent is absent. Tenq�orary promotions may be m�de for up to 30 calendar da.ys. If circumstances warrant, a ten�orary pro- motion may be extended an additional 30 calendar days to d maxin�nun of 60 days. F�nployees given ten�orary prom�tions shall be compensated in accordance with Chapter VII, Section 2(b) of these rules. Te�orary pramotions shall not be used to circ�ivent norm�l selection procedures. The e�loyees involved shall not acquire any status or rights in the classes to which teng�orarily promoted except as provided above. Nothing in these rules shall be construed to prevent the tes�oraYy or intezmittent assi5runent of some higher level duties to an e�loyee without additional cairq.�nsation. Additional cor.lpensation shall be paid only in cases of formal t��porary promotion effected in accord- ance with these rules. 6 . : -.; , - - - ' • _ . . _ . - . - - . - � � � ; �., .� _ -: ., . .:. ,.^, - , < ... - �-�'��� ,. . -- � .�T..-:..:.. ....� �-. ,.. . ,... ..-Y '-- . � . Section 5 '- Transfers A transfer is an assigi�unent of an employee fran one position to another, not involving pro�tion or dem�tion. A transfer may occur for disci- plinary reasons, �or adrtinistrative convenience, or upon the request of the e�loyee. Transfers may be made administratively or in conjunc- tion with an announced selection process. Intradepartnle.ntal transfers within the same class may be approved by the department head. Interdep�xtrnental transfers and transfers between classes must be approved by the affected departrnent heads and the Personnel Director. Approval of transfer shall signify cert- ification that the e�loyee is qualified to perform the duties of the position to which the transfer is contemplated. . Transfers of probationary en�loyees �roast be approved by the City Nlanager. Section 6 - Nondisciplinary Demotions A deir�tion is the assignment of an employee from a position in one class to a position in another class having a lower maxisrnun salary. With the approval of the City Manager and if the e�loyee is qualified - to perfozm the duties of the lawer level position, an employee may be administratively d�moted at his/her request or as an alternative to being laid off. Dexrx�tions of this nature shall not be considered disciplinazy actions or disqualify the e�loyee involved from consider- ation for later advancement. D�motions effected as alternatives to 7 �` , . .FI,. . � . � � . . ... . . . _... . . .- ' . . ' . . � _ . - • ... .- . - - �:-> s,.:5 . _ �. . ... ... ... _ ._.._ . .. . . . . , . . . . , . .+a' ...s�.n� >'.:riry[?��. _r� �.�'*�'j;,.s"�... ... .... layoffs may be fully or partially rescinded at any tiure. Section 7 - Applications Applications for e�loymexit, proimtion, transfer, reinstatement, and other personnel actions shall be submitted as prescribed Ly the Per- sonnel Director. Only applications officially received in the pre- scribed maruier shall be considered. Information submitted in connection with applications for City em�loym�nt is subject to verification. Section 8 - �aluation The Personnel Director shall determine the m�st appropriate r.ieans � of evaluating applications against job requirements to identify the best qualified applicants. Interviews, medical examinations, background checks, performance tests, written tests, and/or other screening procedures may be used as appropriate. Applicants shall be required to provide any job-related inforniation and undergo any job-related examinations necessary to demonstrate co�liance with prescribed minisrnun qualification requireme_nts for the positions in- volved. Section 9 - Mandatory Requirements for Public Safetv licants State law requires that applicants for law enforcement positions meet the follaaing minirnAn standards: (a) Applicant must have a high school diploma or G.E.D. (b) Applicarit must co�rplete 320 hours 8 :. . - ..-�. ...-.. +..��-.�=r �;,.✓ .<. 1 :�.�:% '"....-:'si� +�.^si�x �.-..� � ., .-, '-..,+. ��:.e, �. ^ 7-s . . , � �;' .: ,. �'.._ Y T.: .... -�.. ... ... • of police rraining within one year of date of hire. (c) Applicant �st pass a physical �tion prior to being accepted. The City of Grapevine requires that law enforcement personnel be at least 19 years of age. State law requires that applicants for fireiighter positions meet the following minirnun standards: (a) Applicant riust complete 335 hours of instruction at a certified training school within one year of date of hire. (b) Applicant must pass. a physical examination prior to being accepted. The City of Grapevine requires gnergency P��dical Technician (II�II') certification of all firefighters within one year of e�loyment. Additional requirements may be established by the Police and Fire depar�nts or City P•lanager as needed. Section 10 - Disc�talification _ An applicant shall be disqualified from consideration if he/she: a. does not possess the qualifications necessary for perforcn�-uice of the duties of the position involved; 9 b. �has made a false statement of material fact on the appli- cation form or supplements; c. has co�nitted or atter.tpted to oor�nit a fraudulent act at any stage or the selection process; d. is an alien not legally permitted to work; e. is belaw the riin�nsn e�loyable age prescribed by State law; or f. has established an un�atisfactozy employment record of such nature as to demonstrate unsuitability for the posi- tion applied for. An applicant may be disqualified from consideration upon other reason- able grounds relating to job requiren�nts. An applicant upon his/her request shall be notified of the reason for any disqualification. Section 11 - Referral and Selection The Personnel Director shall develop standard operating procedures far the referral of applicants to departments for final selection. The procedures shall provide for selecting officials to report the disposition of ali referred applications. �e reasons for the particular disposition of an application may be requested by the Personnel Director, 10 .r` _ • ,. � . :_ . . . _ . � .:.... __ .�...- ..:.�,. . ._�,.::.� _:r .�c :.;n.�,..,,;��: ' PERSONNEL RUI�'S Q-�APTER III APPOIIVTN�]T Section 1 - Basis Appointrr�ents shall be made based on the qualifications of applicants as ascertained through fair, practical, and job-related selection methods. Section 2 - Z� Appointtments shall be designated peri:�nent or temporary. Pezr�anent apgointr�nts shall ordinarily be of indefinite duration and may be made to full-time or part-ti.me positions. A11 permanent appointments are subject to nzles covering probation. T�;�orary appointments shall ordinarily be limited to 90 days and may be made to full-time or part-time posii:ions requiring continuous, seasonal, or intermittent performance. Section 3 - IIn�rgency Ten�porazy Appointments Whenever an emergency exists which requires the services of personnel who are not otherwise available, such personnel may be im:lediately appointed for a period not to exceed 30 working days without regard to noririal recruitrr�nt and selection requirements. Em�rgency tempo- rary appointrr�ents shall not be renewable. 11 .`..:�. .-... - � .• . . a;. ';�? ..44�.-.�� . . i..?{i t�c��. . :a?=`�.. , .:f�i:•:;�t1.a+� v.tl-�c,,"ti`F�..r, �y,� �Fg� ,.. , . ._ . .. . .. .;.-. ,,�.�... .� �. . ,� . .. . ... ' .�� �. ._. ..� � -. ,. � . . :. ,� . -_� .., .{ _,,,r • .. - . . . . _ . ..�.. , . . . Section 4 •- Nepotism All personnel actions of the City shall comply with section 11.03 of the City Charter. In addition, no e�loyee may directly or in- directly supervise or be supezvised by a membe.r of his/her i�mediate f�i.ly. For purposes of this rule, the iinrediate family includes �- spouse, garent, stepparent, parent-in-law, child, stepchild, brother, sister, stepbrother, stepsister, brother-in-law, sister-in-law, grand- parent, grandchild, first cousin, and any relative or other person living in the same Y�ousehold as the employee. 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. The City Manager may waive the provisions of this section for tec�orary or emergency appointees � when it is in the best interests of the City to do so. Section 5 - Residence , There shall be no absolute residence requirement for City Fmployme.nt except as may be provided by lacv. F�loyees li.kely to be called to work in cases of er,�er_qency r�ay be required to reside within reason- able co�luting ranges of their places of wr�rk. Section 6 - Medical Exaininations A person selected for initial appointment or reinstatement to certain classifications as designated by the City rlanager shall undergo a 12 _ . .' '_ .. . . .. . . .. . . . - ... _.... . . . - . - .".': t,;K.;i . . � . . - . . -.-�... . .� ...... . .:....:...:� ....� :_...- ._..- . ._-. .� ..- . . . .. - � � . . . .._ . .�:.. . .. .. . ..�. .. N�- ' .:�...:- thorough rnedical exar,iination at City Exp�nse in a manner prescribed by the Personnel Director. �loyment shall be contingent upon successful co�letion of the medical e�cami.nation in relation to the standards of fitness required for the position involved. The City Manager shall be the final authority in determining medical suitability for employment based on inforniation provided by medical personr.el. The City Manager riay waive or modify the medical exami.nation requirement for any or all part-time positions or for reinstatements follc�wir:g short breaks in service. With the approval of the City r7anager, a departrnent head may require that a current en�loyee successfully undergo a medical exanunation to determine fitness for continued esnployment or for promotion or other personnel action. Periodic medical examinations shall be mandatory for public safety personnel. 13 .�_T�". .'-: '... �.��t .. �' . . . '� �.ti.�_Y. . a ' ..'._ i.:�. _. r__>..�, ,..,;...� .... �.----• . ..-X: .. _. . . ' PERSONNII� RULES C�;P.PZ�R IV PROBATION Section 1 - Probationary Period Et�ezy person initially appointed to or_ prc�r�oted in the City service under a permanent appoin-t�nt shall be required to successfully con�lete a probationary period of six r.lonths. Section 2 - Ptzrpose Departrnent heads and supervisors shall use the probationary period to closely obsezve and evaluate the work and fitness of em�loyees and to encourage adjustrnent to their jobs and the City service. Only those e�loyees who meet acceptable standards during their probationazy period shall be retained. Section 3 - Failure of Probation An �loyee shall fail probation when, in the judgr,�nt of the appropriate superviscr, the employee's fitness and/or c�uality ot work are not such as to merit continuation on the job. Failure of probation may occur at any time within the probationary period and shall not be considered part of the disciplinary process. A prom�ted e�loyee who fails probation may be returned to his/her 14 - . _. .. . , - :=; y -�.�-�tr ..� . . '. - ._.._.... .. . . . . . .... . . .. .. . . .H: "t�. .�-.f!i}'y;�''::�,�.., vtl'n5r{ - . . _ . � . � � ,. ' - . 'Y. . � former type of job or other job ior which he/she is gualified and may be considered for later advancement. Departrn�.nt or division heads shall ensure doc�unentation of all cases of failure of probation as well as counseling and other efforts to help e�loyees during the probationary period. An �nployee who fails the probationary period may appeal the decision using the established appeals procedures. _ � 15 -.s► > .,.'_ ;,- . ,. . , � . ,. - . ��-'.4�1',^.t4ti! G` tiV� �"T.��'!�T`'R i .... . .. , ,_ , .- - ' PERSONNEL RULES CHAPi�',R V PE�Ol�,'1AN� EUALUATION Section 1 - Performance E�raluation Report The work perforn�ance of each regular e�loyee shall be evaluated in accordance with procedures developed by the Personnel Director. �al- uations ior employees on probaticn shall be conducted at the midpoint and upon co�letion of the probationary period and shall be cor.ducted annually for other employees. Additional evaluations may be conducted if requested by the depart�nent head and the Personnel Director. The Personnel Director shall maintai.n a schedule for performance evaluations and shall send an evaluation form to each supervisor or departrnent head well in advance of the d�te an evaluation is due. Section 2 - Purpose The perforniance evaluation is designed to help supervisors and employees measure haw well work is being perforr�d and to provide a tool for manageirnnt decisions regarding training, assignment, gromr�tion, and retention of er.q�loyees. Section 3 - Counseling gnployees shall be provided copies of their perforraance evaluation reports. E�aluators shall individually discuss the reports caith the e�loyees and shall counsel them regarding their careers and any im- proven�nts in perforniance which appear desirable or necessary. 16 . . . _ . r. . .. . . .._ __ _ . � ., .; ,. . . .:_. _. -> : :. . :__.- �.._ _-:;- __ .: - . - _ � - =� . �: s..,:�;���.�L �� , _r.� . ��y+.r < i ' �, . . .. . . . .. �:... .. -� -.r�. . 4-L• ...� . _ . . ..., . _ . .. _ .. ..-r . s - .` �_ . . . . .. . ,.--. . -.:. . . '-. . . � .. . . . . ?: '... 1 ." . _ .. �' , . . . . � ...__.�. .....__..� - ._._ ,- .� ._... . . ........�.:+Y�-'�� .�.,.:�. � . . Section 4 - Reconsideration II�Ioyees dissatisfied with their perforn�ance evaluations may seek reconsideration by using established appeal proced.ures. - � 17 ' PERS02`'A]EL RULF',S CHAPTEFt �TI CL1�.�SIFICATION Section 1 -- Plans, Preparation and Aiaintenance The Personnel Director shall prepare and achninister a classification plan for the City based on an analysis of various factors integral to the pcsitions. Positions shall be allocated to appropriate classes based on objective factors. The Personnel Director shall revi�a the duties and responsibilities of City positions v�hen they become vacant and make any necessary adjustr�nts to the classification plan. � Section 2 - Effect of Reallocation An employee in a position which is reallocated from one class to another shall be entitleci to continue to serve in the position with ununpaired status if the e�nployee substantially meets the min�r.nun qualifications prescribed for the new class. Section 3 - Official Titles Official titles shall be used in all personnel matters. ti•,�rking or functional titles may be othenJise used as appropriate. 18 _ .r _ : . - :.. - . . . . . _ " �'`� " . ^';u.,Lca'.�;a�all� .., .w,;.� . . . ' PERSONNEL RI�,FS CHAPTER VII COI�IPr'�VSATION Seciion 1 - Basis The Personnel Director shall prepare and administer a com,prehensive compensation plan for City err�loyees subject to required City P�Ianager and City Council approval. EYnployees shall be paid in accordance with , the c�isation plan, which may include one or m�re salary schedules. _ In positioning classes on salary schedules, consideration shall be given to point factor ranking; prevailing rates of pay among public and private e�loyers; the availability of qualified applicants; the duties, respon- sibilities, and qualifications required of ez�loyees in the classes; and other relevant factors. ' Section 2 - Ac7ministration of Range/Step Salary Schedules Range/step salary schedules shall be admuzistered in accardance �Jith the follawing nzles: a. A new employee shall norm�lly be compensated at the mul'u;nun step of the approved salaxy range. In exceptional circtm►- stances, the Personr.el Director riay authorize hiring above the minir,nan step. Such authorization may be based on general recnzitnlent difficulties, on unique qualifications of a new eir�ployee, or on other e.�cceptional circur�stances. 19 , . :� :. �.;:_ :. . . . � _. ., . _ . . ;:_:'- � . . .... .. =. . , d ..'a n.r'>��.r, .�'. � �.,..!' ,Y+.�.....r*a 'K• z r.D�"' f.. , + .s. t�;t , . . . _ . . . .... , . . . . . - . - . . •i ..�Y*`:?:;��. . .. . . . , . - . _ . • b. A newly pro�ted eurployee shall ordinarily be compensated at the lawest step o� '-�tie approved range which would provide an increase in pay of at least five percent over that received in the previous class. Greater increases may be approved by the Persannel Director. An e�ployee being transferred shall ordinarily continue to receive the sar,�e salary and shall retain the same eligibility date for pay increases. c. Individual increases ��ithin a range may be granted as specified in the corrq�ensation plan upon reconmendation by the depart�nt ar division head and fulr"illment of other requirements as outlined in the perfornance evalua- tion plan. Increases of this nature are called merit in- creases and are based on careful consideration and evalua- tion of the ability and perfom�ce of the employee. gnployees are eligible for merit increases upon successful canpletion of the probationary period. Subsequently, n�erit increases are normally given consideration at the time of perforn�ar.ce evaluation, but they riay be given special consideration at other times. d. No employee shall be paid more than the rna��rnun rate established for his/her class, except that an employee whose job was downgraded by reclassification or changes in the labor market through no fault of his/her avm may continue to receive his/her former rate of pay until a rate on the new salary range equals or sur�asses the old rate or until the employee's job changes. The employee would remain eligible for City-wide pay increases. 20 . - . ' _ . ; : . _ ::.., ___,-� :::-- : _ �� _ - . . :_ - r_- ., ;:: . :,:. . r-`- -" . . -- 1r $ ;��� �„ -v'-� ;. ....., , �::. .-- r-}. ... . . ..... . : . . . : .. . . .> . ..... �� - . . . -�,. . . . . .: �: `: . ` , -. . :�. ... .. . �-.;... ,..,__ � �t ��.. : � . . _ . - .-... .,. :.-.__.. � . _ . _... . ._.. ..k-�� ..,. �� . - e. An employee voluntarily or involuntarily demoted for any reason shall be campensated on a step of the new range as administratively determined. f. A former e�loyee reinstated in accordance with these rules shall be con�ensated on a step of the approved range as ac�riinistratively deternlir�ed. Section 3 - Overtime The City Manager may authorize overtiure pay and/or compensatory time to meet the operational needs of the City. Overtime, when ordered for the maintenance of essential City functions, shall be allocated as evenly as possible among all e�loyees qualified to do the job. Overtime is paid time worked in excess of an employee's regularly scheduled work week. Hourly employees shall be paid for overtiire at a rate of one-and-one-half times their regular rate of pay. Department heads and supervisors may authorize overtime based on prior approval of the City Manager. Section 4 - Compensatory Time Authorized ti� worked by salaried employees in addition to the nornially ,.,.�� scheduled work week is considered compe.�zsatory time, unless authorized as overtu�. Overtime may be authorized in lieu of compensatory time by the departrl�nt head with the approval of the City Dlanager. Use of acc��nzlated c�npensatory tir.ie shall be in accordance with departmental policy. 21 II�loyees 'in supezvisory positions generally shall be eligible for co�ensatory time and shall not norr,�ally be paid overtime. Section 5 - Longevity Pay All full-time perm-�zent e�loyees shall receive longevity pay at the rate of $4 per nnnth for each year of full-time er�loym�xit (as of December lst of each year) up to a maxir,nun of $80 per rronth. _. ' Section 6 - Standby/Callback Pay G�7hen e�loyees are on standby status or are called back to work in cases of e�rgency, they may be compe�zsated on a basis detern�ined by the City rlanager. Section 7 - Insurance and Re arement Eligible employees shall receive insurance and retixement benefits as prescribed in the applicable programs. Section 8 - Uniforms Designated etrtployees shall receive uniforms at City expense when it is in the best interests of tl�e City. Other designated �loyees shall receive a clothing or uniform allawance as appropriate. Section 9 - Car Allawance Desic,Ynated employees shall be compensated for the use of personal vehicles fcr official City business. Cor,ipensation may be at a specified m�nthly rate or on a r,uleage basis as deterr,iined by the City Manager. LZ ... . .- . . � . . i >' _ . 5 - F -s '�'ti v.r.=;:�i�'`�.�i� . . � . . . . . ._ , . >.�..._ _ .,�. _ . . . . . � :.a.�.:_�...�.�.»:�.. � �.... �.; �t�,;..,..:rJr...�i.�a��' n-,...n,:..�...w.,.r,,.' .,�...,:r�:�- ...,. -; � � . . ti.-_: � Section lU - Tuition Re�mbursement D�loyees attending schools and colleges may receive full or partial reimbursement for tuition and books if co�letion of the courses involved would benefit the City. Payraent for such courses r,lust be approved by the department head and the City Manager. . 23 � . _ . , . . ., . - .. - _. ... .. ._...... .. .. .. . . � .. . . . . � ' .... �� . .- - .. _ ....i�a-�,'x.r.Fnr.s,.a!!2,9�'`..-,..,.,.. ' PERSON�IEL RULES CHAPTEP. VIII T,r.�VE Section 1 - Holidays New Year's Day, Aiemorial Day, Independence Day, I�abor Day, Thanksgiving Day, Christsnas �e (1/2 day) , Chris-t�nas Day, the e�loyee's birthday, a floating holiday to be designated by the City t9anager, and such other days as designatecl by the City Council shall be observed as official holidays for City employees in accordance with the follawing nzles: a. As r.iany employees as possible shall be given each holiday off consistent with the mainter:ance of essential City functions. b. �ill-time perr�anent. employees shall be entitled to paid holi- days. c. Part-tir.�e permanent �loyees and temporary esnployees who w�uld normally have worked on a day of the week obseYved as a holiday shall be entitled to a paid holiday for the numl�r of hours they would have worked on that c�ay if the holiday had not occurred. d. Department heads shall ensure that eligible employees working unusual schedules or on shifts receive benefits zor the full n�r of holidays. __ e. If a holiday falls on Saturday, the precedir_g Friday shall be observed, and if a holiday falls on Sunday, the followir.g rlonday shall be observed. 24 f. � An e�loyee in a non-pay status on the holiday or on the scheduled work da.y i�diately preceding or follawing shall not receive pay for the holiday. g. �loyees desiring to observe religious holidays not coincid- ing with official holidays may be given time off without pay or may be authorized to use accrued vacation leave or con�nsatozy time, h. F�ill-time pezm-inent-employees required to work on a holiday, excluding police and fire personnel, shall be given compensa- tory time off at the authorized rate in lieu of overtime pay. Public safety e�loyees who may not reasonably be given G co�nsatory time off for work on a holiday shall receive pay at the authorized rate for the time worked on the holiday with the approval of the departm�nt head. Section 2 - Vacation F�11-ti� permanent employees shall accrue paid vacation leave at the following rates: Departrnent heads with: - less than 6 years of service accrue 1 1/2 c1�:ys per month - at least 6 but less than 16 years of service accrue 1 3/4 - days per m�nth - 16 or more years of service accrue 2 days per month Firefighters with: - less than 4 years of service acerue 6 shifts or 2 calendar weeks per year 25 :( '�J .y. . . . Y l i ir.y _ �L.. S. ._ . _, � � .. . . . ' . . . �. .. ..... .Ah.f..-.... '. . . . .. -Y � _. . . �. � . ' - at least 4 but less than 11 years of service accrue 8 shifts or 3 calendar weeks per year - at least 11 but less than 21 years of service accrue 10 shifts or 4 calendar weeks per year - 21 or riore years of service accnze 12 shifts or 5 calendar weeks per year All other employees with: _ - less than 4 years-�of service accrue 1 day per month - at least 4 but less than 11 years of service accrue 1 1/2 days per rionth - at least 11 but less than 21 years of service accrue 1 3/4 days per �nth - 21 or mQre years of service acczue 2 days per month Part-ti.me permanent e�loyees shall accrue vacation leave in proportion to time worked. Forn�r ten�orary e�r�loyees converted to permanent status without break in sezvice shall be credited with the amount of vacation leave that would have accrued had the earlier appointrnent been permanent, subject to the applicable m�imtun �zmitted acc�rnilation. Vacation leave shall be administered according to the follawing rules: a. An eir�loyee shall not be allcxaed to use any vacation leave until co�letion of at least one year of service. 26 _ .r _ _ . ;..: - . . , . .. . :. :,, _ . , .. _. _ .,, .. . ; , . .. . . . :.:. ..,:. _ . . -. ,.- , �;: ., . ;; _= � . . . . •�f rr � - , . . . _ . . . . . .. - �-_ . - . r.., .»:.:.�i� s..r!::�ri�;�ta�f� .,�...., .'s,,.r,.��..� - , b. � Vacation leave shall not be earned for any month during which an er�loyee is in pay status for less than half the standard numt�r of paid days for his/her type of job. c. �loyees shall be encouraged to use a substantial portion of their vacation leave each year. Departme�it heads may accrue no more than 90 days of vacation leave. Other e�loyees may accrue no more th�,n 60 days of vacation leave. Fire-fighters may accrue no more -�han 30 shifts of vacation leave. Payment shall be made for unused vacation leave up to the applicable maxim�un upon separation, retirement, or death of the e�loyee. d. Department heads shall schedule or approve vacations giving due consideration to the needs of the service and the interests of the employee. rlot r�ore than 15 working days of vacation leave shall be taken consecutively. e. Vacation leave shall be charged only for time during which the e�loyee wouid ordinarily have worked. f. F�loyees being transferred, pro�ted, or demoted shall retain accrued vacation leave. g. Official holidays occurring during a vacation shall not be charged to vacation leave. h. Vacation leave nay be taken in a miniumnn of one-half day incresrients. i. Vacation leave shall not be advanced to elrq�loyees under any circLunstances. j. Vacation leave credits shall not be transferable between employees. 27 � _ _ . . . _ ;.:. . .. _, . �... . :_ •-.:_- . :.. :- . . . .. _ , _ _ - _ . . _.._. �, _ . „. . .. : .. ar. .... �. .�-xr'`�'•,�-".�,a: .,...-.+:_� c .-:;� �.��..s :r Section 3 �- Sick Iea�e �zll-tir� pernia.nent employees shall accrue paid sick leave at the follaw- ing rates: Departrr�ent heads: 1 1/2 days per month Firefighters: 2/3 of one shift per m�nth All other errg�loyees: 1 1/4 days per month Part-time pernianent employees_shall accrue sick leave in proportion to time worked. Fornier temporary e�loyees converted to perm�zent status without break i.n service shall be credited �vith the amount of sick leave that would have accrued had the earlier appointrnent been pernianent, subject to the applicable maxinnmi permitted ucc�iulation. Sick leave shall be administered according to the foilowing nzles: a. An employee shall not be allowed to use any sick leave until ccm7pletion of at least six months of service. b. Sick leave shall not be earned �or any rronth during which an e�loyee is in pay status for less than half the standard rnunber of paid days for his/her type of job. c. Depastmenz heads may accrue no more t.��n 60 days of sick leave. Firefighters may accrue no more than 15 shifts of sick leave. All other e,r�ployees r�ay accrue no rx�re than 45 days of sick leave. 28 . .,. . _. -. - - . - . ti.�^ . . . . . , d ':s�,'a �r?' r.f`+.:`d .a r�-- t "_e�: .c �,s:" . . . . . .._..-. _...__.� � _ . ..: � . .._. .. . -�- �. .._ .��E-�� ... -. . d. � E�ployees except depart�nent heads, who have a halance of at least 20 days of sick leave as of December 1 and who have taken no more than five days of sick leave since the previous December 1 m�ay surrender five days of sick leave in exchange for pay�nt. e. Sick leave may be taken in increments of one-half day because of persor.al illness, injuzy, legal quarantine, or routine health care appointments which cannot reasonably be scheduled outside of working hours. f. Sick leave may be granted upon serious illness or injtuy of a member of the in�nediate family (spouse, parent, child, sib- ling, or the same relationship of spouse} if approved by the City Manager. Use of sick leave for such purposes may not exceed two days per occurrence or four days per calendar year. g. The City may request and obtain verification of the circ�n- stances surrounding any use of sick leave. h. Earned vacation leave may be used to supplement sick leave. i. Sick leave credits shall not be transferable bet�;een e�loyees. j. �loyees shall not be paid for sick leave upon separation. k. F�nployees shall not be entitled to sick leave when absent from wr�rk for the following reasons: sickness or disability pur- posely infiicted or caused by willful misconduct; siclmess or disability sustained during periods of leave without pay or ab- sence without leave; or sickness or disability acquired as a result of anotl�,er job. 29 1. � Upon separation, except by reason of layoff, all sick leave shall be cancelled. If an employee returns to work with the City withi.n three m�nths of separation, sick leave that had been acctimlulated shall be restored. m. After an ill or injured eriployee uses all available sick leave, vacation leave, anci co�zsatory time, the employee shall be placecl on leave without pay. Section 4 - Pregnancy and Maternity A pregnant employee is expected to make her own decision, in consultation with her physician, as to when she will cease working. Except in emergencies, at least 10 working days' written notice of cessation of work shall be required. 4�'hen giving notice of cessation of w�rk, the employee shall include a statem�nt of her intentions concerning res�tion of work. If an employee desires to return to work after pregnancy, the e�loyee's contribution to the retirerr�nt fund must rer.iain in the fund duri.ng the period of leave. When the employee seeks to return to w�rk, she shall be required to furnish a statement from her physician ta the effect that her physical condition perm.its the resutrq�tion of employment without endangering her health. � E�loyees with illnesses or disabilities �sising from pregnancy or maternity shall be entitled to benefits on the same basis as err�loyees with other types of illnesses or disabilities. Available sickness or 30 . . -. � .. �. .. . • . • ' .... . ... ' � - �r �'�F� . ....�.._ . ...�.. . . ::.:.�S.�i,.��,:.uCF frlJj,�J�l ♦ l:n: . . . . ._.. . � . ' .. -- . . �.nY:...«c. ,. , .. -y�.: , disability benefits may be used for the tir_me during which the employee is medically unable to work. The City may require periodic medical reports concerning the e�loyee's status and availability to return to duty. Section 5 - Injury on the Job An employee injured in the line of duty shall receive workers' co�ensa- tion and injury leave benefits ur,der tezms and conditions prescribed in the applicable programs. Section 6 - Plilitary Leave Ati.litaxy leave shall be granted in accordance with applicable State and Federal laws. E�loyees preparing to take authorized military leave shall furnish theix departrnent heads with copies of military orders or other appropriate certification. II�ioyees shall be allowed up to two weeks of military leave to attend required training or duty in conjunction with service in the National G�,tard or military reserves. The City shall pay the e�loyee the dif- ference between his/her regular pay and any lesser militaiy pay for the period provided the employee furnishes proof of military duty perforried.The departinent head may grant paid leave for optional duty or duty in excess of two weeks if it is in the best interests of the City to do so. 31 � , .. t i�, ,_� � - -> - II;�loyees�who left the City service on extended military leave shall be eligible for reinstate�nt to their former positions provided they have furnished the City �eith adequate notice of their release from duty and they are capable of perfornting the duties of fheir positions. If a position formerly occupied by such an e�loyee no longer e�;ists, he/she shall be eligible for reem�loyment in another position withir. the same class if such ree�loyment wr�uld not require the laying off of an employee with greater seniority. Section 7 - EYnergency Leave After ascertaining the exact circumstances, a department head may grant paid emergency leave to a pern�zent e�loyee not serving his/her in.i.tial probationary period in the event of a death within the employee's i�anediate family or household. F�nergency leave shall not exceed two worki.ng days per occurrence or four working days per calendar year and shall not be charged against vacation or sick leave. Temporary employees and employees serving their initial probationary periods may be grante�l unpaid eirergency leave in the above circ�.stances. Section 8 - Admi.nistrative Absence With Pay _ An employee ordered not to report for work because of inclesnent weather or disaster r�ay be granted administrative absence with pay by the City Manager. 32 . .... . . . -. _ .-- �- ..-. . . - =� :-�'�n . .y'; -'•r;"� ._."`.`- .. . ��s.. .. :;�.__ . .;� .. . . � . .� � .. , ...._.. ... .. ...- . __ . � _......: _ � . ..._.:�.�a.�� ,.. . .. . . .. Ih�loyees �shall be granted sufficient adnunistrative absence with pay, when necessary, in order to vote in an official election. Eanployees called for jury service shall be granted administrative absence with pay during such service and shall retain fees paid by the courts. F�nployees excused or released frcan jury service at least four hours prior to the end of their regular work shifts shall report to theix work stations unless otherwise instructed. , ti�ith the approval of the City Manager, a depart�nt head may grant an employee administrative absence with pay for puzposes of attending a professional conference, convention, training activity, or civic func- tion or meeti.ng or for purposes of coordinating with goverrunental and/or private agencies and entities in the interests of the City. . Al1 e�loyees in the City sezvice shall be entitled to necessary time off with pay for the puzpose of taking qualifying or pranotional examinations for other City positions. . This shall also include hixing inteiviews for other City positions. The amount of time allaaed for this activity shall be lir.iited as prescribed by the City N�anager. Section 9 - Authorized Leave Without Pay In circun�tances not falling within other provisions of these rules, the City Manager may authorize an employee to take leave without pay under such tenns and conditions as r�ay be mutually agreeable. 33 Leave benefits shall not accrue while an employee is on leave without pay when time off exceed.s time worked for any rronth. An employee returning to work after leave without pay which ex.tends for more than three months shall be given an adjusted service or seniority date and an adjusted anniversazy date for merit increase purposes. An employee on leave without pay who desixes to continue insurance and retirement coverage r.iust make arrange- ments to make any payments required tor such coverage. � At the expiration or termination of leave without pay, an employee may be returned to the position held prior to going on lea��e if the position is available. If the position is unavailable, the e�loyee may be offered a position of like status and pay. If such a position is unavailable, leave may be extended for a total of up to cne year or until a position becomes available, whichever occurs first. Leave without pay may not exceed one year of continuous absence. Section 10 - 1�bsence Without Leave An employee failing to report for duty or remain at work as scheduled without proper notification, authorization, or ex_cuse shall be considered absent without leave and shall not be in pay status for the time involved. - Absence without leave for two working days or more shall constitute abandonirent of duties, which shall ordinarily result in dismissal. 34 . .. _�� . ; :�.. ;�>:` . - . . �'`� - -_ - � , .,�..,.r� .. -x _ . ' PERSONNII, RUI.ES C�-1APTER IX COPdDUCT Section 1 - Attendance E7nployees shall be at their places of work in accordance with City and departrnental policies and regulations. Departm�nt heads shall establish work schedules and maintain daily emplayee attendance records. Section 2 - Work Standards It is the duty of each employee to maintain high standards of productivi- ty, cooperation, efficiency, and economy in his/her w�rk for the City. Departir�ent heads shall organize and direct the work of their departments to achieve these objectives. If wr�rk 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. Counseli.ng and warning the e�loyee in sufficient time for is�rovement shall ordinarily precede fozmal disciplinazy action, but nothing can and shall prevent iirur�ediate formal action as provided elsewhere in these rules ���l�enever the interests of the City require. Section 3 - Political Activity �cept as may be otherwise provided by law, the follaaing restrictions on pc�litical activity shall apply to City employees: 35 _ �► - .,•.. . . . : . , - . - .. �, - _ _. . :.--. .,: ..:: �;..�,, .� _ . ,.�.:. ._ .�.��� -�-+� , ,.�., ., . a. ' �loyees shall refrain frcgn using their positions or in- fluence for or against any candidate for public office in any jurisdiction. b. E�loyees shall not circulate petitions or car�aign litera- ture on behal� of candidates for City elective office or be in any way concerned with soliciting or receiving any subscrip- tion, contribution, or political service on behalf of such canaidates. c. �loyees shall not use working hours or City property to be in any way concernEd cvith soliciting or receiving any sub- scription, contribution, or political service or to circulate petitions or can�aign literature on behalf of candidates for public ofiice in any jurisdiction. , d. Il�loyees shall not in any maruzer contribute m�ney, labor, time, or other valuable thing to any person for City election purposes. e. No er.�ployee may seek or hold an appointive or elective City office of public trust, partisan office in any jurisdiction, or any other office where service would constitute a direct conflict of interest e�ith City er�ployment, with or without remuneration. If an employee decides to seek or asstune such - office, he/she shall resign from the City service or shall be dismissed for failure to do so. 36 .�„ - , . .: - . . -- . _ . . - � . . . . :: - . ,�z t�._. � ,. _ _ . : � . �,... �v ,., -. -. -.. . �.. . ..:r ..::�, _„ � . ..;.... . . . -�. ..�.>�. � : 2 ........' -.. A== r.�i:.-' • ..•..-. ._- . Section 4 •- Solicitation Solicitation of funds or anything of value for any purpose whatsoever shall be permi.tted by City ec�loyees on the job except with express approval of the City Manager and the departrnent head. No employee may be required to make any contribution or m�y be penalized in any way in connection with his/her e�loyment based on the response to a solicita- tion. Section 5 - Outside �loyn�nt An en�loyee shall not engage in outside employment, including self e�loy- r�nt, where such employment would constitute a conflict of interest or would adversely afiect the et�loyee's p�rforniance in the City service. Outside em�loyment must be approved in advance by the departrnent head and City Manager. Section 6 - Personal Appearance Ali employees, regardless .of work location and degree of public contact, are expected to dress appropriately and are expected to maintain a good general appearance at all times. Section 7 - Financial Obligations - Failure �o pay just debts, including taxes, riay constitute grounds for disciplinary action if job performance is ing�eded or if such action would otherwise be in the best interests of the City. 37 :.:: .::. ......: _:_ .. - - _ . . _ - � ' - _ ?.: r :s,. � - __ __. _. __. _- . ,... .�. ..:. Section 8 -- Acceptance of Gifts All employees, regardless of position, are prohibited from accepting gifts or gratuities fran individuals or firns with wh:�ch the City does business. In many instances, businesses have a policy of giving gifts during holiday seasons, and the refusal or return of such gifts could create unnecessary ill will for the City. Under these circumstances, non-cash gifts of a value of $25 or less may be accepted. 38 --.� . � .. �� . •L' - .•:'� .rti+ �. � : ..�: -..:: �.:r _ ' __n. .. .�.._-.. '�` n..::w �... . .._ ...-X � . ,. � PERSONNEL RUI,FS CHAP�ER X DISCIPLINARY ACri'ION Section 1 - Grounds Discipli.nary action may be taken against an �loyee for just cause. Just cause shall be related to the job invQlved and shall include but not be l�mited to illegal, unethical, abusive, or unsafe acts; violation of City or depart7ner�tal rules, regulations, policies, or procedures; insubordina- tion; inefficiency; neglect or abandonment of duties; abuse of illness, injury, disability, or other benefits; tardiness or absence without leave; falsification of official doctm�ents or records; using or being under the influence of drugs or intoxicating beverages on the job; waste, damage, or unauthorized use of City property or supplies; unauthorized use or dis- closure of official infornation; and unauthorized or i�rcper use of official authority. Section 2 - Z�s . Disciplinazy action shall be consistent with the nature of the deficiency or infraction i.nvolved and with other relevant factors. Forn1a1 discipli- nazy action shall include written repr'u�-�nd; withdrawal, denial, or delay of rierit pay increase; suspension without pay for up to 15 calendar days; -- transfer; demotion; and dismissal. 39 ,: , . . : . . . - _ . . . .._. . _ . , > _ . : - _ _. -- , ' - -;� � ... .. . . . . . ..._ ...._.... . , ..-• �.. ��.�� 1:.yir:5a.�:: _r... x�.,..r .. - .. . .. -Y . � . . . Any of these types of formal disciplinary action may be invoked for a particular deficiency or infraction, depending upon the exact circlnn- stances. An en�loyee may be formally warned. at any time that he/she may be dismi.ssed or otherwise disciplined for further unsatisfactory per- form�zce and/or conduct. 40 .�► _ -. .. . - . , . , .'-J ti-..- -F ?. �. . . . ...., _, _ . . . .... ..- ... . �. � ..... _ . ... . .. . �... . .,� .. . . .. .. ....... ...� .. . . . .. - . . . .. . . . . .. ..�J.�'.. � P�sor� Rur�s Q3�PTER XI GRIEVANCES AND APPF.AT� Section 1 - Grounds E�ployees dissatisfied with specific working conditions or who believe they have been subjected to unfair treats*ient, unfair disciplinary action, or proh�bited discrimination may submit grievances. Additional grounds r.�ay be established by adr,linistrative directive. An e�loyee dissatisfied with his/her position classification, perforn�zce evaluation, or failure of probation may file an appeal. Sectien 2 - Grievance Procedures Fh�loyees are encouraged to inforn�ally take any job-related compla��ts or problems to their �diate supervisors. Following informal discussions, an en�loyee remaining dissatisfied with a matter subject to grievance procedures may submit a written grievance to his/her i�nediate supezvisor within 5 calendar days after the occurrence of the event or after the e�loyee becames aware of the event giving rise to the grievance. An exception to the 5-day limitation shall be made in the instance of an employee dismissal, which shall be entertainc� as a grievance only within five working days of the employee's actual or constructive receipt of written notification of his/her dismissal. It shall be the responsibility of the irrar�ediate supervisor to study the grievar.ce and attempt to resolve it within three working days. Ftzz-ther 41 - ,a,- - � . �_ . � � . . �. . ' - ' . ' .'.. . •. <�+ . .:_"`' .. . .. . 'zr.- . -._ -: -+, r;,... :'`.r,.;� , ...- �-w� . . ��•:::.-. . � . ._.:. .� .� . ... .. ._ . . _. . ...... .�.�. � ... discussioris with the grievant shall be encauraged. If the grievance cannot satisfactorily be resolved within the time linut or if it is not within the authority of the supeivisor to resolve the grievance, the i.�diaLe supervisor shall refer it with any co�zts and/or recor.menda- tions to the next higher level of supervision, and �o on up to the City Manager if necessazy. Supezvisors and employees should make evexy effort to resolve grievances at the lavest possible level. ��loyees shall be kept infonr�ed of the status of their grievances. If a person in the supervisory chain fails to resolve or refer a grievance within three workir.g days, the e�loyee may resent the grievance directly to the nelct higher level of supervision. Prescribed time limits may be waived by written agreerlent of the grievant and management representative. Each person in the supervisory chain shall ensure that the employee.pr•esent- ing a grievance shall not be subject to reprisal and that the processiny of the grievance shall be conducted in the most objective manner and atr�sphere possible, with maximum confidentiality. Section 3 - Appeal Procedures An e�loyee who is dissatisfied with his/her perfornti-ince evaluation and/or failure of probation may appeal to the department head. Discussions with the departrnent head shall be on an infornial basis. If the matter has not -- been resolved within three �aorking days, the e�loyee may file a formal written appeal with the Personriel Director, who may elect to refer the matter to the City Manager. The Personnel Director and/or the City I�Ianager shall make a final detezmination within five working days. 42 :. , .. :__ _ . <_.... _ ....,. _ _ - - - - .. __.,_. . . _ .. ._ : -.:_ . . . _ - -t -. ' PERSON:�7EL RUI�F'JS C�1f'�P'I'ER XII NONDISCIPLINAR�' S�ARATION Section 1 - Resignation An en�ployee desiring to leave the Ci�y service should submit his/her resignation in the prescribed manner at least 10 worki.ng days in advance. The City Manager may waive any portion of the notice period. Section 2 - Layoff An employee may be laid off because of changes in cluties or the organiza- tion or for lack of work or funds. Whenever possible, an employee la.i.d off from one City departr,�ent shall be transferred to a suitable position elsewhere. Whenever possible, at least two weeks' notice shall�be g�_ven an e�loyee prior to layoff. Layoffs shall be carried out departrn�n-t-wide on the basis of der?�onstrated job perfonnance with the most proficient employees being retained the lorgest period. Seniority within the City service may be used to deten�tine the order of layoff a�ng employees with substantially equiva- lent records of job perforrnance, with the m�st senior �nployees being retained the lcr,gest. T�rary employees shall l�e laid off before perma��ent employees performing similar duties, and part-time e�loyees shall be laid off before full-time e�loyees performing similar duties. ProbationaYy er��loyees shall be laid off before employees performing similar duties who have ccmpleted their probationary periods. Layoffs shall not be considered disciplinaYy actions. 43 . . .. ,. , . .. ..., . . . .' ..n. ' qriSi�Al�.'. .. +:k.s �.. ..._ �. • ... :Y�. .. _. . . . :.. . . - Section 3 '- Incapacity An employee may be separated for incapacity for r�edical reasons when the employee no longer meets the standards of fitness required for the position. A finding of incapacity shall be made through indiviclual medical determi.nation by a ccr•.�etent authority as prescribed by the City Manager. . Separation for incapacity shall not be considered disciplinary action and shall not operate to deny an employee the use of any accrued illr.ess, injury, disability, or other benefits. Section 4 - I�tirement Eligible e�loyees riay be separated by retiremexlt in accordance with the applicable programs. L�cept as may otherwise be lawfully provided for certain public safety employees, all employees of the City shall be autor�atically retired from service upon reaching the age of 70. A single one-year extension may be granted if the er,iployee can de�nstrate fitness to perform the duties of his/her position and the request for extension is approved by the departrnent head, Personnel Director, and City P�ianager. 44 � �. _ . .- . ... . . _ . . . _ " . :.�. ' . '. ' ' .. ° ... � _ ..�� t 1r`.: -. . .. _ , ..____ _.. _ . �. _ _ __ ,e�. _ PEFtSONNEL kULES Q3APTER XIII REINSTATE6�NT Section 1 - After Resignation A person who resigned in good standing may be reinstated to his/her former type of position within three r.ionths follaaing resignation, provided the person remains qualified to perform the duties of the position and such reinstatement weuld be in the^interests of the City. Section 2 - After Layoff A person who was laid off, including a ten�orary employee separated upon co�letion of duties, may be routinely recalled to work at any t�me provided the person remains qualified to perform the duties of the position. Section 3 - After Separation for Incapacity A person who was separated for incapacity may be reinstzted to his/her former type of position within six months follawing separation, provided the reason for the incapacity has been removed to the satisfaction of the City, the person remains athenvise qualified to perform tne duties of the position, and reinstatement wculd be in the interests of the City. Section 4 - Veterans Employees who left the City service to enter on duty with the Armed Forces of the United States shall be eligible for reinstatement in accordance with applicable State and Federal laws. 45 Section 5 �- Restoration of Credits Unless otherwise provided by administrative directive, persons previously earning seniority, sezvice, or leave credits for which they did not receive paymexit at the time of separation shall have their credits restored, up to any m�iimun pemitted acc�snulation, follawing reinstate- ment under the above provisions of this chapter. Section 6 - Re-employment __ ' Former employees not eligible for reinstatement under specific provisions of this chapter may be considered for en�loyment as memb�rs of the general public. Provisions governing restoration of credits shall not apply. 46 .r•` _. ,.. ....._ _ _ � - � _�»:..��� ,,:�.;,.r�;;,t,�•,,�,•. .. ' PER.SONNII, RULES Qi�'ER X1V PEP,SONNEL FZLES AND REPORTS Section 1 - Personnel Files The Personnel Director shall maintain the official personnel files for all City employees. Unless otherwise provided by law, personnel files and information shall be confidential and may not be used or divulged for ` ses not connected with the/Cit P�Po y personnel manager;.ent systeri except with the permission of the employee involved. Nothing herein shall prevent the corr�ilation and use of in�ersonal statistical information. An err�loyee shall have the right of reasonable inspection of his/her official personnel file under procedures prescribed by the Personnel Director. Section 2 - Status Changes Depar�tment heads shall report changes in the official and personal status of their er�loyees in accordance with procedures developed by the Personnel Director. Section 3 - Personnel Reports The Personnel Director shall prepare such rosters, narrative reports, statistical sLm�naries, and other reports as are necessazy or desirable to � provide useful inforn�ation to management. 47 `...�:_. :�� � ��._' ..'.`�� --:-1 ? �.__ ti � . . .. . . . � .. .. .� _ ��1••" _ .. . .. � . . .. ., f.•I�. .: ... . .. . . . . . . . ..�. . . . . Section 4 '- Application Form All persons see}�irig employr,ient in the City service shall complete e�loy- ment application forms approved by the City NSanager. The application form shall require background inform�tion concerning training, experience, and other pertinent job-related matters. All applications it�ust be signed. The Personnel Director may require proof of statemEnts or claims on the application as he/she deems appropriate. E�loym�nt application forms shall only require information x�ecessary to process the applications, directly related to job requirements, required for pre-�loyment investigation purposes, or necessary to evaluate the effectiveness of the City equal e�loyment opportunity program. Certain race/ethnic/sex in- forn�tion may be obtained for statistical and program evaluation purposes but shall not be used in the selection process. If restune's of applicants contain all necessa._�y information, they may be submitted in place of the stancl�sd application form. Section 5 - F�it Intervie��s An exit interview shall be conducted with employees being separated fram City e�loyment regardless of length of service, position, or the circtur�stances of separation. _ The Personnel Director or his/her designee shall be responsi.ble for conducting all exit interviews. The Personnel Director shall ensure that when possible each e�loyee is interviewed prior to his/tler separation frorn City employment. Results of �it interviews shall be recorded on forms prescri.bed by the Personnel Director. 48 - . . , ... - �. r �/ _ - _ . . . ... . -:.a ... ..- ;..ri.�:-r�:�Nl41�''t . -.:s�:t. . ' . ., -t.' . . At the time of the exit intervic-�v or just prior to the employee leaving his/her departrr�nt, all keys, identification cards, uniforms, and other City property shall be collected fr�n the departing e�loyee. , 49 Section 2 . Repeal of Conflicting Ordinances and Rules - Al1 previous conflicting Personnel Rules and Regulations applicable to City employees are hereby repealed. The poli- cies contained herein are hereby declared to be the official Personnel Rules and Regulations of the City of Grapevine, Texas , provided that the rules shall not supercede any rule or regulation of any employee set forth in the City Charter nor in any statute of the State of Texas. Section 3. Severability - That the terms and provisions of this ordinance shall be deemed to be severable, and that if the validity of the personnel policy affecting any portion of the rules and regulations described herein shall be de- clared to be invalid, the same shall not affect the validity of the personnel policy or the balance of the rules or regu- lations described therein. Section 4 . Declaring an Emergency - The fact that the present personnel ordinance of the City is inadequate to properly safeguard the health, safety, morals , peace and general welfare of the employees of the City creates an emergency for the immediate preservation of the health, safety and general welfare of the employees, which requires that this ordinance shall become effective from and after the date o� its final passage, as provided by the Charter of the City, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of April , 1982 . _. ' APPROVED: - �� Mayor ATTEST: !/iI� City Secre ry APPROVED AS TO FORM AND LEGALITY: City Attorney