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HomeMy WebLinkAboutOrdinance No. 82-04 ORDINANCE N0 . ,�2- AN ORDINANCE ADOPTING A PERSONNEL POLICY FOR THE CITY ; AND REPEALING CITY OF FRIENDSWOOD, TEXAS , ORDINANCE N0. 93 , PASSED AND APPROVED MARCH 7 , 1967 , AS AMENDED BY ORDINANCE N0 . 147 , PASSED AND APPROVED JULY 15 , 1971 , ADOPTING PERSONNEL POLICIES FOR THE CITY. BE IT ORDAINED BY THE CITY COUi�1CIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS : Section l. The Personnel Policies attached hereto as Exhibit "A" be , and they are hereby, adopted. Section 2 . City of Friendswood, Texas , Ordinance No. 93 , passed and approved March 7 , 1967 , as amended by Ordinance No. 147 , passed and approved July 15 , 1971 , and adopting personnel policies for the City, is hereby repealed. PASSED AP1D APPROVED on first reading this 1 � day of �,,Q.�j�,,�.,�.,(�C,/ _, 19 8 2 . PASSED AI�tD APPROVED on second reading this � day of r.���s��x- , 19 8 2 . PASSED, APPROVED, AND ADOPTED on third and final reading this �� day of _,1�G����� , 1982 . �.� c;� �*' ��` Mayor ATTEST : ' l ��� City Secretary � CITY OF FRIENDSWOOD PERSONNEL RULES AND REGULATIONS Introduction : The following personnel policies are established to bring into the service of the Gity formal guidelines for all employees . By the use of sound and s�stematic application of procedures , a high degree of understanding, cooperation , unity , and efficiency can be achieved. The fundamental objectives of good personnel administration sought to be achieved by these policies are declared to be : A. To p�ovide fair and equal opportunity to all qualified citizens to enter city employment on a basis of demon- strated merit , ability , and physical and moral fitness as ascertained through fair and practical methods of selection, free of personal and political considerations . B. To promote and increase efficiency and economy in the service of the City. C. To establish and promote high morale among city employees by providing a uniform personnel policy, opportunity for advancement , good working relation- ships , and consideration of employees ' needs and desires . D. To establish and maintain a uniform plan for evalua- tion and compensation based on duties and responsi- bilities relative to the positions in city service. E. To develop a plan of advancement , recruitment, and tenure that will make employment with the City attrac- tive as a career and encourage each employee to render his/her best service to the City. F. To provide that continued employment be subject to good behavior, satisfactory work performance , neces� sity for performance of work, and availability. To some extent , written rules or statements of policy are generally recognized as being essential to the efficient per- formance of necessary and important municipal services . This document is also intended to define and classify the mutual duties , responsibilities , and relationships which it is believed will best serve to promote and safeguard the common interests and welfare of the City of Friendswood, its employees , and their jobs . l. While it is admittedly difficult to formulate definite rules and policies which can be readily applied to every possible problem or situation, it is believed that the statements con- tained herein will serve as a general basis and guide for the proper, efficient, and effective administration of personnel matters relating to the employees of the City of Friendswood. The rules contained herein are intended to replace and super- sede any previously issued personnel rules and regulations of the City of Friendswood. ' / ��-� � .;�-�z ames C. Morgan, Czt Mana r 2 . SECTION I : AUTHORITY AND ADMINISTRATION 1. 00 Effective Date March l, 1982 1. 01 Scope These rules shall apply to and govern all employees of the City of Friendswood except those where the rules affecting firemen and policemen are inconsistent with State Legislation. 1. 02 Authority for Creation of Jobs With the exception of those positions established by statutory or Charter provisions , all positions or offices in the municipal service are created and authorized by action of the City Manager. 1. 03 Administrative and Appointive Authority With the exception of matters and appointments reserved to the City Council by statutory provision, general authority and responsibility for the conduct and admin- istration of municipal affairs is vested in the City Manager, including appointments to positions and the establishment and maintenance of satisfactory standards of efficiency, welfare, and morale of City employees and the exercise of general control and supervision over all departments , officials , and positions created and approved by the City Council. Final authority, in the form of review and approval , is reserved by the City Manager, with regard to all matters and subjects covered by these regulations , Department Heads and/or other subordinates . 1. 04 Duties and Functions of Personnel Department The Director of Personnel and the Personnel Department , acting under his supervision , will represent the City Manager with regard to routine administration of all phases of these rules and policies . When and until a Personnel Department and Director are established by City Council, the duties outlined herein pertaining to the Personnel Director are the responsi- bility of the City Manager and his office. 3. 1. 05 Departmental Administration of T�ese Ru1es Department Heads will be respansible for the proper and effective administration of these rules and policies within their respective departments . Routine matters and duties in connection therewith may be assigned to a subordinate employee--such as the proper preparation and handling of all required records , reports , payrolls , etc. In all such cases , the name of the employee to whom such duties are assigned should be reported to the central Personnel Office. 1. 06 Amendments The City Council, by �������ee , may change or amend these rules within statutory and Charter limitations to the extent deemed necessary in order to more effectively and efficiently promote the interest of the city and its employees. 4. SECTION II : INITIAL EMPLOYT�ENT REQUIREMENTS AND INFORMATION 2 . 00 Basis of Employment All initial employment with the City of Friendswood shall be based on merit , ability, and physical and moral fit- ness , as evidenced by: A. Training and experience as reflected by the applica- tion form, plus other documentary evidence as to certification, registration , etc. , if requested. B. Mental examination or performance test , if required. C. Physical examination , if required. D. Identification check by the City of Friendswood Police Department or other agencies , if required. E. Character investigations made by the Personnel Department and/or the head of the department concerned. 2 . 01 Recruitment This function is one of the services performed by the Personnel Office , when requested to do so by any of the various departments . The central Personnel Office may be of help through maintaining files of applications , through contact with established employment agencies , or by the use of advertising. The Director of Personnel , or those designated by him, will assist in the initial recruiti.ng, screening, and in interviewing when requested to do so by the Department Heads seeking employees . Any Department Head that is aware of a possible , qualified, employee should have the individual obtain an application and ask the Personnel Department to begin the process of checking on the individual. 2 . 02 Requests for Personnel When departments submit requests to the Personnel Department for persons to fill vacancies , such requests shall include the title of the position to be filled, contemplated initial salary or wages , desired training and/or experience qualifications , and such other per- tinent information as may be needed to enable the Personnel Department to most satisfactorily find the personnel being sought by the department . When circum- stances permit , requests for personnel should be made a �reasor.able period of time in advance of the actual n�ed. 5 . 2 . 03 Residence Other qualifications being equal , applicants who live inside the corporate limits of the City of Friendswood should be given preference over those living outside the City limits when appointments to positions with the City are being made. 2 . 04 Nepotism (Employment of Relatives) A. The City Charter provides that no person related within the second degree of affinity (marriage) , or within the third degree by consanguinity (blood) , to the Mayor, a Councilman, or the City Manager, shall be appointed to any office , position , clerkship , or service of the City. B. In addition to the above stipulation, it is hereby provided that relatives and members of the immediate family shall not be appointed to serve in positions in the same department unless specific approval has been obtained from the Director of Personnel. Department Heads who feel that such appointments are justified should present to the Director of Personnel the reason and needs which are the basis for request- ing the appointment. The City Manager' s approval will be needed to make the appointments official. 2 . 05 Discrimination No person employed in the administrative service of the City, or who seeks an appointment thereto , shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of hislher race , sex, or political or religious opinions or affiliations . (Charter Section 4. 06 ) 2 . 06 Appointments A. The Personnel Director shall advertise in a positive manner the employment needs of the City with a view toward non-discrimination and toward obtaining the best qualified candidates for each vacancy to be filled by recruitment from within or outside the city service. B. The Personnel Director shall require each applicant for a position to: 1. Complete an application form prescribed by the City Manager and require the applicant to submit additional information regarding his education , experience, and training, if so required. 6 . 2 . Complete a physical questionnaire and to undergo a physical examination , if required. 3 . Furnish a copy of his/her birth certificate unless a veteran, in which case the applicant would fur- nish a copy of his/her military service record (DD Form 214) . 4 . Complete an oral interview which shall appraise each candidate' s personal fitness for the posi- tion, such as the ability to get along well with people and other personnel, and temperament qualifications. 5 . Be fingerprinted if required. 6 . Take a written examination which shall include a written demonstration of each candidate ' s knowledge , information, and skill in the field for which the test is being held and which may include standard tests of inental alertness and ability of English grammar, mathematics , or of general education attainments , if required. 7 . Take a performance test , which shall include such tests of performance as shall determine the ability or manual skill of each candidate to perform the work involved and which may be either competitive or qualifying , if required. 2 . 07 Applications All persons seeking initial employment, or re-employment , will be required to complete , sign , and file an applica- tion with the Personnel Department , Application forms will be furnished by the Personnel Department for use by individuals interested in applying for employment . 2 . 08 Processing Perferably at the time of original employment , and if possible , not more than twenty-four hours after assuming duties , all new employees (or previous employees who are being re-employed) will report to the Personnel Department for necessary processing and instructions . 2 . 09 Political and Religious Restrictions No political , fraternal, or religious connections or affiliations shall be required as conditions of employ- ment by the City of Friendswood, nor shall such matters be permitted to influence any actions or recommendations relating to present employees . 7. 2 . 10 Physical Standards A. Medical examination requirements : Except as herein after provided, all new and ormer employees will be required to satisfactorily undergo a prescribed medical and physical examination , if required, to be made by some officially designated medical authority. The purpose of the examination will be the determina- tion and certification of physical fitness and ability to perform duties of the position to which appointment is being considered. Preferably, such examinations are to be made as near the effective date of employ- ment as possible. The Personnel Department has the responsibility of making appointments and arrangements for obtaining the examination. Matters concerning the initiation and completion of the requirements should be taken up with the Personnel Department , if required. B. Exceptions : Physical standards and requirements may vary somewhat in accordance with duties and working conditions as generally set forth in the specifica- tions for various positions and also �s to anticipated length of employment. The Personnel Department will be glad to advise the examining medical officer regarding any special or unusual requirements of this nature . The opinion and recommendations of the examining medical officer will govern and determine the accept- ability of any person for employment and particular attention will be given to any impairment , degenerative disease , or abnormality which might adversely affect either the present or future capacity of the prospec- tive employee to perform the required duties of the position for which he is being considered. The examining medical officer will complete and forward to the Personnel Department a complete report on the prescribed form indicating his specific recommenda- tions as to the suitability of the person for employ- ment in the position indicated, if required. C. Department Heads and their supervisory personnel shall examine carefully the personnel needs of each activity for which they are responsible in terms of the most economical use of manpower to achieve their work programs , while maintaining a high level of service to the public. Whenever a vacancy occurs or establish- ment of a new position is contemplated, the department head shall thoroughly investigate the need for the services to be rendered, and the possible alternate ways of performing the required tasks . 8 . 2 . 11 Age Requirements Age limits, as indicated in some classifications , will be specified in the request to the Personnel Department. Where no age limit is specified, the minimum and maximum age for initial employment will vary in ancordance with the duties and responsibilities of the position, and also according to the best interests of the department as interpreted by the Department Head. No person under the age of eighteen (18) will be employed in any per- manent position. Minors may be considered for part-time employment in positions of a non-hazardous nature . In all instances , the parents of such minors shall be required to execute a waiver and release form. 2 . 12 Standards of Conduct To an unusual extent , and in a peculiar sense , employees in a municipal organization are the "Good Will Ambassadors" of the City, and such status involves a degree of duty and obligation regarding public and private conduct which is not common to many other classes of employment. The attitude and deportment of the City employee should, at all times , be such as to promote the good will and favorable attitude of the public toward the City Adminis- tration and its programs and policies . 2 . 13 Types of Positions A. Permanent : These are positions with a required work week equaling or exceeding the full-time , established work week. This work week shall be established as forty (40 ) hours per week. To all intents and pur- poses , as can best be foreseen by employers and employees , these are positions which offer career possibilities and the ultimate likelihood of retirement. B. Temporary: These are positions (whether part-time , full-time , or hourly paid) which are anticipated to be of comparatively short , or definitely limited duration. If a temporary employee who has had no break of time in his service and who works a full eight-hour day and a full normal work week, is trans- ferred to permanent status , he will be eligible for all the benefits of a permanent employee retroactive to the employment date of his uninterrupted service. 2 . 14 Outside Employment The City Administration disapproves of permanent employees engaging in outside work which will interfere in the carrying out of their normal duties for the City of Friendswood. 9 . 2 . 15 Probationary Period Upon initial employment, permanent employees will serve a probationary three months tenure. Upon successful completion of this probationary period, the employee will be eligible for all the benefits of regular employees. All sick leave, a floating holiday, and vacation time accrued will be retroactive to the date of original employment. 10 . SECTION III: ATTENDANCE AND ABSENCE 3 . 00 Accounting Responsibilities A. Department Heads are responsible for providing com- plete and accurate records relative to all forms of leave , attendance, and absence of their employees due to any cause whether with or without pay, to the Payroll Department. Proper indications by the use of appropriate symbols as to the cause of absence will be made on departmental payrolls and/or any other required records set up from time to time under special operating rules . Each Department Head may designate one or more capable employees who, as a part of their regular duties, will keep and certify as to the accuracy of daily records covering all forms of attendance and absence of each of their employees. Such records consistute the basis for preparation of department payroll, and will be preserved by the Payroll Department for future and auditing purposes as needed or required . Certification of records will be by means of signing or initialing individual time cards, departmental payrolls , or other such records. Department Heads must necessarily keep close check on attendance records and payrolls in order to insure that salary and wage expenditures stay within budgetary limits. The Director of Finance will report any failure to comply with the above requirements. B. The Personnel/Payroll Department is responsible for certifying as to the compliance of departments with the requirements and policies established by the officials as to the conformity with the established policies and rules governing vacation, sick leave, service awards, retirement, etc . , and maintain permanent absentee records on each permanent employee. C . The Director of Finance, among other duties, directs and sees to the proper control of the disbursement of all City money, including that for payroll . In connection with this specific function, he will establish such accounting procedures as seem advis- able for personnel accounting in order to insure conformity with the budgetary limits. The payroll section of the Accounting Department is responsible for the actual computation of pay check amounts and will instruct and assist Department Heads in such details of payroll preparation as are needed and required to meet fiscal budgetary and auditing standards which are being upheld by the City Manager. 11. 3. 01 Wages and Salaries , Hours, etc. A. Wages , salaries, and working schedules for various departments shall be in aceordance with the provi- sions of the official pay plan currently in effect including amendments thereto and within the limita- tions of the fina.ncial provisions of each department as approved by the City Manager for each fiscal year. B. Overtime work will be performed only on authoriza- tion of the Public Works Director, Police Chief, Finance Director, or City Manager with regard to the appropriate departments . Overtime will be used only to meet essential operating requirements. Only in emergency situations may a Department Head approve overtime. In case of a public safety emergency, the Police Supervisor may authorize overtime of non- police personnel. C. Department Heads and other administrative, super- visory, and professional personnel are expected to work for whatever number of hours necessary to properly perform the duties assigned them. The salaries for such groups are determined and estab- lished in accordance with this assumption. These employees will be compensated for overtime by time off with pay on a one-for-one basis. Any exceptions to this policy may be granted by the Personnel Director. D . The normal work week for the City' s employees shall be figured at forty (40 ) hours per week. Any time worked in excess of 40 hours per week will be com- pensated by time and one-half pay. Al1 employees required to work overtime, except City Officials and Department Heads, shall be paid for all additional time worked to the nearest quarter-hour. All over- time must be authorized. 1. Exceptions to Section D: Employees of any department that is required to operate on a 24 hour a day basis may be exceptions to the above overtime statements. In those departments , overtime will not be paid until the employee has worked more than 80 hours in a two-week pay period . 2 . Water and Sewer Department Overtime Policy: All hourly employees of the Water and Sewer Department will be paid overtime as stated in Section 3 . 01 D. Salaried personnel , other than the Department Head, will be required to work one weekend (16 hours) per rotation. They are not to be paid 12 . I overtime for these hours. The salaries of these employees include compensation for these hours . If the on-call salaried employee is called out after the regular day of work, including the weekend hours, he will be compensated with time off with pay on a one-for-one basis up to 16 hours. When an employee has accumulated more than 16 hours of overtime, he wiTl then be paid for additional hours at straight time. It is the policy of this department to require any employee with 16 hours of compensatory time to take at least one day off during the month. E. Any employee that is off on sick leave or on compensa- tory time either the work day before or the work day following a holiday, or both of those days, will not be paid for the holiday. Exceptions to this section may be granted by the Personnel Dire.ctor. F. Any employee that is employed in a department that does not, as a result of normal scheduling , work on holidays, will be paid double time for any hours worked on a holiday. All 24 hour a day departments ' personnel will not be paid double time, but shall receive 8 hours of time off with pay. 3 . 02 Authority for Absence No City employee shall be absent from his regularly scheduled duties except by authority of his Department Head or other responsible supervisor. Employees absent due to reasons beyond their control will be responsible for reporting their absence with the reason for absence to the Department Head or other authority as soon as possible after the beginning of their assigned shift or regular schedule of duties. Except in cases of leave due to vacation or illness, all absences for a period in excess of two weeks must be approved by the Personnel Director. 3 . 03 Sick Leave with Pay Employees in permanent positions will be eligible for sick leave with full pay on the basis of one working day for each month of employment subject to the following conditions : A. Any sick leave which exceeds 12 consecutive working days in any one calendar year must have the joint approval of the Department Head, the Director of Personnel , and the City Manager. 13. B. Any employee terminating employment, not as a result of any disciplinary action, will be authorized pay for unused sick leave for 500 of the accrued sick leave hours. C. Employees who are absent more than two days due to unconfirmed illness may be required by the Department Head to submit a physician' s statement. D. Department Heads are authorized to make investigations of benefits claimed under this rule which they deem necessary and to disapprove any claims not properly substantiated. E. Sick leave will not be authorized or reported on the payroll for periods of less than one-half of the regular work shift of an employee. Any authorized or substantiated absence for a sho�ter period under this rule need not be reported as sick leave . F . Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Department Head that the physical condition of the employee is below the standard necessary for proper performance of his/her duties. Evidence of malinger- ing, or the abuse of this benefit , will constitute grounds for prompt dismissal or di�ciplinary action by either the Department Head or the City Manager . G. If an employee that is scheduled to work a holiday, is sick (not at work) on the day a holiday occurs, the employee will not be paid extra for the day. 3. 04 Vacation A. Conditioned upon completion of three (3 ) months of service, employees in permanent positions will be eligible for vacation benefits , either as time off with pay or as terminal pay in cases of separation from City employment. l. A permanent employee will receive 2 weeks (10 work- ing days) of vacation on completion of one Cl) year of service and then two (2 ) weeks per year beginning the following January lst. After com- pletion of three (3 ) years of continuous service, the employee will receive one (1) additional day of vacation per year of employments (In the 4th year, 11 days; 5th year, 12 days, etc. ) l�P t� a maximum of twenty (20 ) days . There will be no carry-over from year to year withou� approval of the City Manager. 14. B. Except in extreme cases, when provided by separation, budget, or when approval of the Director of Personnel is obtained, it is not contemplated that vacation leaves will involve or necessitate the use of extra or "relief" employees . C . Department Heads will arrange vacation schedules and reallocate duties on such basis as to cause minimum interference with the normal function and operation of their organizations . D. No vacation benefits will be earned by temporary personnel. E. If an employee is on vacation and a holiday should occur, the employee will be granted an extra day of vacation. 3 . 05 Pregnancy Leave Disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions, for all job related purposes, shall be treated the same as disability caused or contributed to by other medical conditions . 3 . 06 Emergency Leave with Pay Department Heads may grant emergency leave with pay for not more than three ( 3) working days to employees who have completed at least three ( 3 ) months of continuous service, in case of serious illness or death of a member of the employee ' s immediate family or person related to the employee (husband or wife) not more distantly than that of Uncle or Aunt. 3. 07 Military Leave with Pay The provisions of H.B . 761 Acts of the 53rd Texas Legislature provided in effect that, effective on or after May 27 , 1953 , all employees of a municipality who are members of the National Guard or Official Militia of Texas, or of any of the Reserve Components of the Armed Forces of the United States, when so ordered or authorized by proper authority, shall be entitled to leave of absence during any period when they shall be engaged in field training or encampment, or when ordered to duty with troops in field exercises, or for instruction, and a period not to exceed fifteen (15 ) days during only one (1) calendar year. In order that no City employee shall suffer loss of income while performing his civic duty, any employee meeting the following requirements shall receive the difference between his regular City pay and his military pay . Employees receiving this leave must meet the following standards : 15 . A. Employees must notify the City at least forty-eight (48 ) hours after receiving leave orders . B. Leave shall be granted to employees who are members of the organizations mentioned under the paragraph above,,. but not to employees who volunteer or are drafted into any braneh of the armed forces after employment by the City. C. The provisions of this act apply to all permanent City employees who qualify under the terms of the first paragraph of sub-section 3 . 06 , regardless of length of service, provided they are so employed at the time of receipt of orders to engage in the activities mentioned. D. Where recall to active status is contingent upon a physical examination to be undergone by the employee after reporting for duty, payment of leave hereunder will be deferred until such time as the Personnel Department is furnished with satisfactory evidence of final acceptance. This may be in the form of a special memorandum or report f rom the medical off icer making the examination, or the employee ' s commanding officer, or other competent authority. Upon receipt of such evidence, payment covering military leave under this sub-section will be approved and a check for same delivered to the employee or forwarded to the address furnished by him. 3. 08 Military Leave Without Pay A. This provision applies to all City employees with one year or more of service in a permanent position , and who are inducted directly from such position into any branch of the U. S . Armed Forces. B. Leave under this provision continues for the duration of the employee ' s service. C. Leave under this provision does not necessarily involve or include the special fifteen days leave with pay, except as provided under sub-section 3 . 07 . D. Separations under this rule will be treated as resig- nations with the following notation: "Resigned due to induction (or recall to duty) in the U. S. Armed Services. " 16 . 3 . 09 Re-employment Following Service in Arrned Forces A. Employees granted leave under sub-section 3. 08 above, and who upon being honorably discharged from service , promptly apply for re-employment by the City shall be entitled to be restored to the same or an equivalent position or office as that held by him at the time of entrance into military service, together with any seniority to which he may be entitled covering such period of absence. B. Upon applying for re-employment, employees terminated under this rule may be required to furnish acceptable proof of honorable discharge from his military service; also to undergo and pass the usual employment physical examination, if required. 3 . 10 Hol idays The City of Friendswood officially declares and desig- nates the following holidays to be observed; with pay, by all City employees occupying permanent positions, and subject to the provisions and limitations herein- after set forth: New Year' s Day. . . . . . . . . . . January lst Memorial Day. . . . . . . . . . . . .Monday closest to May 30th Independence Day. . . . . . . . . July 4th Labor Day. . . . . . . . . . . . . . . .First Monday in September Thanksgiving Day. . . . . . . . .Fourth Thursday in November Christmas Day. . . . . . . . . . . .December 25th Floating Holiday. . . . . . . . .A11 City employees shall have one day off with pay of their choice during the year. Also , any other day which may be designated by the govern- ing body of the City. If a holiday occurs on a Saturday, the Friday prior to the holiday will be granted. If the holiday occurs on a Sunday, the Monday following the holiday will be granted. Designation of the above or any other dates as holidays shall not construe , to any employee, the right to observe same , or to be absent from his duties on the dates above designated except under the following conditions: A. The provisions of this sub-section are applicable to all City employees who meet the qualifications set forth in the first paragraph of sub-section 3 . 10 . B. Department Heads shall specifically authorize the observance of any holiday designated above, and may revoke or restrict the observance of these holidays in order to provide necessary functions and services of the department. 17 . SECTION IV : ADMINISTRATIVE POLICIES �. 00 Discipline Department Heads will be charged with the responsibility of enforcing and maintaining proper standards of disci- pline and personal conduct among their employees , and are vested with discretionary authority to practice the fo1- lowing suggested forms and sequence of remEdial measures incident to the enforcement and observance of these rules, or of any of the operating rules of their departments. A. Calling the attention of an employee to any unsatis- factory conduct or performance of duties . B. Written reprimand of the employee. C. Suspension of the employee without pay for an appropriate period subject to review and approval by the Personnel Director, and as provided for under sub-section 4 . 03 of this section. D. Demotion of an employee to a position of lower classi- fication, as provided under sub-section 4 . 03 of this section. E. Dismissal of the employee. 4 . 01 Specific Grounds for Dismissal Any of the following acts or conduct on the part of an employee may constitute special grounds for prompt dis- missal by either the Department Head or City Manager, via the Personnel Director. A. Conviction under a felony charge . B. Repeated convictions during service on misdemeanor and/or traffic charges . C. Possession of or use of intoxicants or drugs while on duty, or repeated off-duty intoxication, regard- less of whether or not legally convicted of same. D. Flagrar�t or persistent insubordination. E. Conduct subversive to the proper order, discipline, and morale of the municipal service, including but not limited to: 1. Unauthorized possession of weapons . 2 . All forms of gambling. 18 . 3. All threats or acts of violence. 4 . Stealing. 5 . Horseplay. 6 . Failure to comply with Sub-section 3 . 02 . F. Inciting or engaging in strikes or riots. G . Misappropriation or unauthorized use of City equip- ment, tools, machines, funds , etc . H. Incompetence or repeated neglect of duty. I. Unauthorized absence from duty without satisfactory explanation. 4. 02 Disciplinary Suspension Under justifiable circumstances, the Personnel Director or Department. Head, subject to review and approval by the City Manager, may suspend an employee without pay for a period of not in excess of sixty days . Any offense of a similar nature occurring within three years will consti- tute grounds for dismissal . An employee charged with a law violation may be suspended without pay until the charge is dismissed, or until a decision settling the case is rendered. A verdict of "not guilty" will make the suspended employee eligible for reinstatement upon such terms and conditions as may be specified and approved by the City Manager. 4 . 03 Demotions Subject to review and approval by the City Manager, via the Director of Personnel , Department Heads are vested with discretionary authority to demote employees to positions in lower classifications, on the following general grounds . A. For disciplinary purposes . B. Due to lack of work or funds, or the abolishment of positions; such action to be without prejudice, and the employee involved to be eligible for preferential consideration relative to reinstatement in his former position, or promotion to a similar position for which he is qualified . 19 . 4 . 04 Transfers Only when transfers are approved by Department Heads involved, the City Manager, and will be in the best interest of the City, will interdepartmental transfers be allowed. 4. 05 Seniority and Termination by Force Reduction (Layoff) A. Seniority. Seniority shall be defined as length of continuous service with the last date of hiring. No employee shall have any seniority during the probationary period. However, seniority will commence retroactive to the first day of full-time permanent employment for all new employees who have passed their probationary period. Seniority will be lost permanently as a result of: l . Layoff for a continuous period greater than six (6) months or time equal to total employment, whichever is less . 2 . Failure to return from an authorized leave of absence . 3 . Discharge for just cause as defined in Section IV . 4. Resignation or quitting. 5 . Absence for three ( 3) consecutive working days without calling in. 6 . Retirement. B. Termination by Force Reduction (Layoff) . Employees may be laid off without perjudice by reason of lack of work or funds, or the abolishment of positions. Insofar as practicable or for the betterment of a department, Department Heads will give at least two weeks advance notice of such layoff, and such action will be taken on the following basis, all other things being equal : l. First: Employees in temporary positions , with least seniority. 20. 2 . Next: Temporary employees with more seniority than l. above . 3 . Next: Permanent employees with least seniority. 4 . Next: Permanent employees with more seniority than 3. above. In the event that a permanent employee or employees are laid off, they will be permitted to exercise their seniority to displace employees with less seniority within a job classification, provided that they have the ability to immediately perform the job without special supervision. Employees wishing to exercise their seniority rights must notify the City within twenty-four ( 24 ) hours of layoff notice. 4. 06 Unauthorized or Improper Use of Offic�.�l Badge of Authority No official or employee whose duties involve the use of a badge, card, or cloth insignia as evidence of authority or for identification purposes shall permit such badge, card, or insignia to be used or worn by any other person who is not authorized to use or wear same, not permit same to be out of his possession without good cause, or approval of his Department Head or other authorized superior. Such badge , card, or insignia shall be used only in the per- formance of the official duties of the position to which they relate. 4. 07 Re-employment of Dismissed Persons Persons who have been dismissed from the municipal service will not be considered for re-employment except under definitely extenuating circumstances , vouched for, to the Director of Personnel, by the head of the department from which dismissed, or other responsible persons , and subject to review and approval by the City Manager unless other- wise specifically recommended by the head of the depart- ment in which sueh person is to be re-employed and agreed to by the Director of Personnel. They will be subject to all other rules applicable to new employees. 4. 08 Impartial Action of Recommending Officials No Department Head or other official or employee whose duties involve the approval or making of recommendations relative to the qualifications of candidates for employ- ment or promotions, or in connection with disciplinary 21. action against employees , shall permit their recommenda- tions or decisions to be "distorted" or unduly influenced by "hearsay" information or evidence, or by the personal prejudice of either themselves or other persons. 4. 09 Termination Rules and Requirements A. In order to resign in good standing, employees in permanent positions should give at least two weeks notice of their intentions. All terminated employees will be required to surrender and return to their departments or other proper source all records and/ or property of the City which may be in their pos- session or custody. B. Supplemental payrolls will be honored for the sake of prompt issuance of pay checks in cases where employees are being dismissed on short notice. Otherwise, the Department Heads should not submit supplemental payrolls, unless approval for so doing has been obtained from the City Manager. C . In all cases in which the Department Head has advance knowledge of an employee' s termination, the Department Head is responsible for seeing that the employ,ee reports in person to the Personnel Department in order that any matters of unfinished business may be properly handled. 4 . 10 Promotions A. General Policy: Insofar as may be consistent with the interest of the City, vacancies in higher classi- fications will be filled by promotion of qualified employees in lower classifications. B. Acting in Advanced Positions: Department Heads may designate and appoint employees to serve temporarily in positions of higher classification, and wi-chout increase in salary, if advisable, provided that if such appointments extend over a period of more than ninety (90) days, and in absence of extenuating circumstances , it will be the general policy of the City to anticipate and avoid occurrences of valid complaints. 4. 11 Complaints and Grievances Insofar as may be possible, it is the general policy of the City to anticipate and avoid occurrences of valid complaints or grievances and to deal promp�tly with any which may arise, except when there is an acceptable 22 . reason for not doing so. All matters of this nature will be handled and transmitted through superiors in the fol- lowing order : 1. Immediate Superior (Foreman, etc. ) 2. Department Head 3 . Director of Personnel 4 . City Manager Each of the above officers will discuss all relevant cir- cumstances with the person or persons immediately con- cerned, and endeavor to adjust the matter to the extent of his authority, and on a basis satisfactory to the Department Head and subject to review and approval by the City Manager. If unable to effect a satisfactory adjust- ment of a particular problem or question, each of the above officers will, in turn, submit the problEm to the next in authority, as indicated, together with a report setting forth such information and recommendations as he may deem pertinent. If and when such matters are finally referred to the City Manager, he will make further investigation as may be deemed nECessary, foliow- ing which he may either render a personal decision rela- tive to the matter or refer the same to the City Council for adjustment, either of which actions shall be f inal and binding upon all parties concerned. 4. 12 Employees Advisory Committee With regard to problems and matters of policy affecting the interests of a number of employees , the City Manager may appoint a special Employees Advisory Committee for the purpose of investigating and considering all facts and circumstances , and to submit recommendations for the equitable handling of same at the earliest possible date. Such committee shall preferably be composed of two Department Heads, two non-supervisory employees, and the Director of Personnel . Such committ�e will also be authorized to confer with any Department Head or other employee immediately involved and concerned in the matter under consideration; also with other employees and officials, if deemed advisable, in order to obtain infor- mation on which to base its findings and recommendations . 4 . 13 Instruction and Training A. In-service Training and Instruction: Department Heads are charged with these responsibllities of their positions; also regarding rules and procedures applic- able to their particular department, and in matters of 23 . interdepartmental relations throughout the entire municipal organization, and to arrange such special and general instructions deemed necessary to accom- plish this objective. B. Self-improvement: In addition to the in-service training and instructions mentioned in the preceding paragraph, there are several other methods by which employees may obtain general and specialized training, such as extension and correspondence courses; also evening and adult classes offered by area colleges. Employees who sincerely desire to equip thernselves for advancement and promotion are urged to consider these and similar arrangements and will be given every possible consideration and assistance. Any employee who receives written approval in advance from his/her Department Head or the City Manager, via the Director of Personnel, to enroll in a course that will be useful in the performance of his/her job, will , upon com�letion of the course with a grade equivalent to a "C" or better, be reimbursed 50o of the cost of tuition and books and other required materials upon presenting copies of such receipts to the Department Head. 4. 1 � Employee Code of Ethics All City employees are required to maintain the highest ethical standards in the conduct of their position or office. In order to fulfill this requirement, the fol- lowing points are made: 1. There shall be no activity which is in conflict with the interest of the employee ' s official duties. 2 . City employees cannot use their positions with the City for private interest. 24.