[Adopted 12-23-1985 by Ord. No. 171-85]
The objective of the personnel policy of the
Municipality of Murrysville is to ensure employment in the municipal
government on the basis of the merit principle.
It is hereby the declared personnel policy of
the Municipality of Murrysville that:
A.
Employment in the municipal government shall be based
on qualifications and fitness and shall be free of personal and political
considerations.
B.
Just and equitable incentives and conditions of employment
shall be established and maintained to promote efficiency and economy
in the operation of the municipal government.
C.
Positions having similar duties and responsibilities
shall be compensated on a uniform basis.
D.
Appointment, promotions and other actions requiring
the application of the merit principle shall be based on systematic
tests and evaluations.
E.
High morale shall be maintained by fair administration
of this policy and by every consideration of the rights and interests
of employees consistent with the best interests of the public and
the Municipality.
F.
Tenure of employees covered by this article shall
be subject to the satisfactory performance of work, behavior within
the limits of specified municipal rules and regulations, the necessity
for the performance of work and the availability of funds.
The following sections of this personnel policy
shall apply to all regular municipal employees unless otherwise specifically
provided. The following positions and functions shall not be fully
covered by the provisions of this policy:
The municipal personnel program, as defined
by this policy and the following rules and regulations, shall be administered
by the Chief Administrator. The Chief Administrator shall:
A.
Attend all meetings of the Personnel Board.
B.
Administer all provisions of this policy and of the
personnel rules and regulations.
C.
Periodically review and recommend revisions and amendments
to the personnel rules.
D.
Contract, with the Mayor's approval, with any qualified
person or agency for the performance of such technical services as
may be desired in the operation and progressive development of the
personnel program.
[Amended 9-1-2004 by Ord. No. 669-04; 3-18-2015 by Ord. No. 923-15]
There is hereby established a Personnel Board,
consisting of three members appointed by Council.
A.
Qualifications. The members of the Board shall be
persons in sympathy with the application of merit principles to public
employment and shall meet the requirements established for board and
commission members in the Administrative Code[1] and the Home Rule Charter of the Municipality of Murrysville.
B.
Term. The members of the Board shall serve for a term
of three years or until their successor is appointed and qualified.
The terms of the members shall be so fixed that no more than one shall
expire in any given year.
C.
Compensation. Members of the Board shall serve without
compensation, but funds will be provided for reasonable and necessary
expenses.
E.
Duties. The duties of the Board shall include the
following functions:
(1)
Advise the Chief Administrator, Mayor and the Council
on matters of personnel policy and problems of personnel administration.
(2)
Represent the public interest in the improvement of
personnel administration in the municipal service.
(3)
Arrange for competitive examinations and certify names
as eligible for hiring and promoting of police officers.
(4)
Adjudicate in the operation of the municipal grievance
and appeal system for all employees, excepting the provisions of existing
labor agreements and applicable law.
(5)
Make any inquiry which it may consider desirable concerning
the personnel administration in the municipal service and make recommendations
to the appropriate municipal officials with respect thereto.
(6)
Hear and decide heart and lung cases as it pertains
to the Police Department. This duty shall fulfill the Municipality's
responsibility to conduct the "Callahan" due process hearing.
[Added 3-5-1997 by Ord. No. 459-97]
(7)
Provide on an annual basis a report to Council recommending
any changes to the employee pay scales. In preparing this report,
the Board should consider such factors as comparable salaries in other
jurisdictions, market demand, change in the Consumer Price Index (CPI)
and other relevant information.
[Added 12-2-1998 by Ord. No. 507-98]
This statement of policy shall be supplemented
by a set of rules formulated in accordance with the principles and
provisions of this statement. These rules, attached hereto and incorporated
herein, adopted by ordinance of Council, shall have the force and
effect of law. Amendments to these rules shall be made in accordance
with applicable law and with approval of Council.[1]
In accordance with the general provisions of
this personnel policy, a job classification plan shall be adopted
by Council as an integral part of the Municipality's personnel program.
This plan shall meet the purpose of the establishment
of employment classes sufficiently distinct that the use of a single
descriptive title, set of minimum qualification requirements and test
of competence is warranted for all positions in that same class.
The job classification plan shall provide:
The initial plan shall be revised periodically
as changing conditions may require. Such revisions may consist of
the addition, abolishment, consolidation, division or amendment of
existing classes and shall be adopted in accordance with applicable
law and the approval of Council.
In accordance with the general provisions of
this policy, Council shall annually adopt a pay plan for compensation
of municipal employees, as well as rules for its administration. The
pay plan shall reflect existing labor agreements, adjustment of rates
and any reassignment of job classes to different pay rates.
The Chief Administrator shall maintain adequate
records to implement and meet this personnel policy and any rule or
regulation.
Adequate records shall include the following:
A.
Proceedings, adopted procedures or rules and regulations
of the Personnel Board.
B.
Official records of labor agreements and any personnel
action.
C.
Examination and employment records of every employee.
D.
All records pertaining to personnel actions and employment
for two years after the record was made or action completed, except
for temporary/seasonal work.
This policy hereby establishes that public employment
records will be available for inspection, excepting the following:
A.
All hearing records and transcriptions of Personnel
Board actions.
B.
Individual employee's personnel folders containing
personal history, individual personal examinations, internal municipal
memorandum and individual performance evaluations.
C.
Records that are determined by the Council or Personnel
Board to be of a private nature whose release would not serve the
public interest but could adversely affect the individual's interest.
The Chief Administrator shall encourage the
improvement of service by providing employees with opportunities for
training, which need not be limited to training for specific jobs
but may include training for advancement and for general fitness of
public service.
This policy shall include the right of the employees
to organize, bargain collectively or maintain their right of association
as defined, regulated and interpreted by the local, state and national
laws now in effect or which may be in effect at a later date.
There shall be no discrimination against any
person seeking employment or employed in the municipal service because
of any consideration of political or religious affiliation, belief,
race, sex, marital status, age or handicap which would not interfere
with their ability to handle the job position duties and responsibilities.
These rules and regulations are to facilitate
the effective implementation of the stated Municipality Personnel
Policy[1] and Article XIV of the Home Rule Charter of the Municipality
of Murrysville, by formulating specific rules and regulations governing
employment in the municipal service.
The personnel rules and regulations herein are
intended to be legislation to cover all municipal personnel in those
areas not covered by existing local, state or national laws.
In the course of the collective bargaining process,
any change in rule and/or regulation negotiated in accord with the
law between the Municipality and its employees shall supersede any
conflicting provisions contained herein at such time as Council shall
act to implement a new agreement.
[Amended 1-5-2004 by Ord. No. 649-03]
Each employee of the Municipality shall be assigned
to a classification for purposes of compensation. Position classification
shall be grouped as follows:[1]
[1]
Editor's Note: A current list of job classifications
in on file in the Chief Administrator's office.
[Amended 12-17-1997 by Ord. No. 483-97]
A.
A full-time employee shall be an employee of the Municipality
of Murrysville employed 12 months per year and fulfilling the full
workweek established for his department and classification.
B.
A regular part-time employee shall be a part-time employee (as defined in Subsection C below) who has been employed by the municipality for 24 consecutive months and has been and will be scheduled to work a sum of 1,000 hours per year.
C.
A part-time employee shall be an hourly employee of
the Municipality of Murrysville employed 12 months per year but fulfilling
less than the total number of hours per week established as the full
workweek for his department and classification.
D.
A temporary employee shall be an employee of the Municipality
of Murrysville who may work either full-time or part-time but who
is employed for a limited duration, not to exceed six months.
E.
An emergency appointment shall be an employee hired
on a temporary basis to prevent stoppage of the public business or
loss of convenience to the public.
F.
A provisional employee shall be appointed when no
list of eligibles is available and is valid for only three months.
G.
Exempted employees are employees of the Municipality
of Murrysville who, by virtue of their job classification, nature
of employment or nature of appointment, are exempt from membership
in a union or employee bargaining organization and certain grievance
and appeal procedures contained herein, including all managerial positions
and the Zoning and Sewage Enforcement Officers.
The Chief Administrator shall develop and maintain
a job position description for all municipal employees, and all descriptions
shall be approved by Council.[1]
[1]
Editor's Note: See Appendix A, Job Descriptions
and Performance Evaluation Report, on file in the Chief Administrator's
office.
It is the policy of the Municipality of Murrysville
to recruit and select the most capable and qualified individual for
any position. Recruitment and selection processes shall be conducted
in such a manner as to ensure equal opportunity to open notice, competition
and the fair treatment of applicants on the basis of their abilities,
knowledge and skills, regardless of their race, color, creed, religion,
national origin, age, sex or political affiliation.
A.
The Chief Administrator shall conduct a recruitment
activity, tailored to the appropriate classes of positions to be filled
and directed to all appropriate labor markets.
B.
In order to afford promotional and transfer opportunities,
notices of all job openings will be posted on bulletin boards for
at least three days prior to publicly announcing the vacancies. If
internal recruitment efforts prove insufficient, notices will be sent
to other recruitment sources, such as professional publications, the
Pennsylvania Bureau of Employment Security, schools and local governments,
and advertisements may be placed in appropriate newspapers and journals.
All job announcements shall be open for the
application period deemed appropriate so that all potential candidates
have a reasonable opportunity to apply for consideration. Job announcements
shall include class title, salary range, a brief description of the
duties and responsibilities and the required knowledge, skills and
capabilities for the position to be filled, as well as pertinent application
information, including method of applying and the closing date.
A.
Application forms. All applications for employment
shall be on standard municipal forms, requiring relevant background
information, except if waived by the Chief Administrator for certain
positions for which tradition or normally accepted business practice
allows for individually submitted resumes. In such cases, an application
form will be completed for the personnel file after appointment. All
applications must be signed and authorize the Municipality to require
verification of statements. All applications, except for temporary/seasonal
positions, together with any documentation of actions taken, will
be retained for two years.
B.
General qualifications. In order to be eligible to
submit an application for municipal employment, an applicant shall
meet the following eligibility requirements:
C.
Special qualifications. Applicants for the following
positions shall meet the following additional requirements:
(1)
All positions involving major use of a municipal motor
vehicle shall only be filled by those applicants possessing a good
driving record, as established by the State Motor Vehicle Bureau.
(2)
All positions wherein bonding is required shall only
be filled by those applicants demonstrating a good credit record.
(3)
Uniformed police positions shall only be filled by
those applicants passing a background investigation.
D.
Receipt, review and rejection of applications.
(1)
All applications shall be delivered in person or by
mail to the office or individual indicated in the job announcement.
(2)
All applications containing errors or omissions shall
be returned to the applicant for completion or correction.
(3)
Applications and any accompanying data shall be dated,
numbered and recorded in order of original receipt and shall not be
returned to an applicant after being recorded.
(4)
Applications shall be rejected when the applicant:
(a)
Does not meet the minimum job-related qualifications
established by the appropriate class specification;
(b)
Filed an application after the date fixed for
closing receipt of application as stated in the job announcement;
(c)
Has deliberately falsified the application;
(d)
Is not within the legal age limits prescribed
by state regulations;
(e)
Is physically, mentally or otherwise unable
to perform the duties of the respective position, as established by
the appropriate medical or otherwise applicable examination;
(f)
Has been convicted of a criminal or civil offense
which renders the individual unsuitable for the position for which
the application was filed; or
(g)
Has established an unsatisfactory employment
and/or education record of such nature as to demonstrate unsuitability
for the respective positions.
(5)
Those applicants who are not eligible on the above
grounds shall be notified immediately. All qualified applicants shall
be notified of date, time and place of examination and/or interview.
A.
Original appointments to vacancies shall be based
on merit as determined by the appropriate review procedure, including,
when applicable, examination, interview, experience and education.
Examinations shall be in such form as will fairly test the abilities
and aptitude of the candidates for the duties to be performed and
may not include any inquiry into or bids against the political or
religious affiliation or the race of any candidate.
B.
The department director and others deemed appropriate
shall interview each qualified candidate and review the skills and
qualifications of each applicant. Selection recommendations of the
interviewees shall be sent to the Chief Administrator. To the extent
possible, the preference of the department head with regard to hiring
the employee shall be recognized.
It is the policy of the Municipality to select
the most capable and qualified applicant for any position as determined
by examination, education, experience, background and references,
regardless of race, color, creed, religion, national origin, age,
sex or political affiliation. All documents generated in this process
shall be kept confidentially in the applicant's file.
A.
Managerial and administrative/supervisory classifications.
The selection process for these classes shall be determined by the
Mayor and Chief Administrator, except that the Personnel Board shall
determine that process for a Police Lieutenant and Council shall determine
that process for the Zoning or Sewage Enforcement Officer. The sequence
of steps may be as follows:
(1)
Submission of application and/or personal resume.
(2)
Submission of at least six references, chosen by applicant;
three personal references and three professional references.
(3)
Preemployment interview; standardized questions.
(4)
Medical examination only if deemed essential to the
effective performance of the position for which the applicant applies;
complete medical information is required for insurance purposes after
hiring.
(5)
Final two candidates: telephone and/or in-person check
of references.
(6)
Probationary appointment.
B.
Technical/clerical and craft/maintenance. The selection
process for these classes shall be determined by the Chief Administrator
but shall be in accordance with the following general sequence:
(1)
Application.
(2)
Submission of at least six references, chosen by applicant;
three personal references and three professional references.
(3)
Written or practical examination, where applicable.
(4)
Preemployment interview; standardized questions.
(6)
Background investigation.
(7)
Probationary appointment.
C.
Temporary/seasonal and part-time.
(1)
Generally, the appointment of temporary and part-time
employees shall be made by the Chief Administrator with the department
director's advice, utilizing whatever recruitment and selection procedures
are most feasible and effective, provided that they follow the general
policy requirements of the Municipality with regard to recruitment
and selection. Previous municipal temporary and part-time employees
who maintain a record of satisfactory service and are Murrysville
residents shall be given priority in selection.
(2)
Graduate and, occasionally, undergraduate university
or college students who have a concentration in an applicable field
may be eligible for an observer or internship program. Students who
have completed their academic course work and require an internship
for completion of their degree requirements shall be given favorable
priority.
D.
Uniformed police.
[Amended 3-5-1997 by Ord. No. 459-97; 6-6-2001 by Ord. No. 574-01; 12-3-2008 by Ord. No.
778-08]
(1)
General. The selection of all uniformed (sworn) police
officers, except those above the rank of Lieutenant, shall be made
through the Personnel Board competitive examination process following
the processes detailed here and elsewhere in these rules and regulations.
(2)
Qualifications for police officer. In addition to those requirements established in §§ 47-25 through 47-29, applicants for the position of police officer shall meet the following:
[Amended 4-20-2016 by Ord. No. 947-16; 12-15-2021 by Ord. No. 1054-21]
(a)
Shall possess a high school diploma or GED certification approved
by the Department of Education.
(b)
Shall have attained MPOETC Act 120 certification from a Pennsylvania
police academy.
(c)
Shall have passed a written examination administered by an independent,
nondepartmental testing agency and an oral examination administered
by a panel of police professionals, both approved by the Personnel
Board.
(d)
Shall have passed a physical agility test as administered by
a qualified independent agency.
(e)
Shall have served as a full-time police officer for a minimum
of one year or served as a part-time police officer for no less than
2,080 hours.
(f)
At the time of his/her appointment, the candidate must be a
minimum of 21 years of age.
(g)
Must be a United States citizen.
(h)
Must be physically and psychologically fit to perform the duties
of the position of a Murrysville police officer, as per the job description
and requirements.
(i)
Must possess a current and valid Class C Pennsylvania motor
vehicle operator's license.
(j)
Shall not have a criminal conviction for a crime with a grading
above a misdemeanor of the third degree.
(k)
Must be of good moral character.
(l)
A pre-employment background check is required for any candidate
who advances in the hiring process, including the following: criminal,
driving and credit history checks; interviews of at least three references
who are not household members; interviews of past employers for the
past five years; a review of the applicant's employment information
from prior law enforcement agencies, e.g., written application materials,
evaluation records, disciplinary records and attendance records; and,
verification of the applicant's eligibility to lawfully possess firearms.
A MPOETC authorization and release form shall be used to obtain the
applicant's employment information from a prior law enforcement agency.
(m)
Once a candidate from the certified police eligibility list
is selected and provided a conditional offer, the candidate shall
be required to provide a notarized authorization for the release of
separation records on the approved MPOETC form. The Chief of Police
shall request separation records through the MPOETC Training and Certification
System ("MPOETC TACS") database, pursuant to Act 57 of 2020.[1] The candidate may not proceed further in the application
process until the separation record is obtained or a certification
that no separation record exists is received from MPOETC.
[1]
Editor's Note: See 44 Pa.C.S.A. § 7301 et seq.
(n)
If separation record(s) sent from the MPOETC Training and Certification
System TACS database indicate that the candidate has a history of
either final and binding disciplinary action or a criminal conviction,
or both, for any of the offenses enumerated below, and the Municipality
chooses not to disqualify the candidate, the Municipality must electronically
submit a hiring report form to MPOETC, on a standard form promulgated
by MPOETC, within seven days of the final hiring decision:
(o)
If the Municipality chooses not to disqualify the candidate,
the hiring report form must include a notarized statement, signed
by the Chief of Police or the Chief's designee, explaining the reasoning
and rationale for hiring the candidate.
[1]
The hiring report form need not be submitted to MPOETC if no
above-described separation history exists, or if the Municipality
decides to disqualify the candidate due to the candidate's separation
history. However, the Municipality must notify MPOETC, in all instances,
of the candidate's final employment status within seven days of the
final hiring decision.
(p)
If the candidate is not disqualified at this stage, the candidate
shall be scheduled for a medical exam, psychological exam, and drug
screen administered by qualified independent agency or agencies.
(3)
Application; examination; selection; appointment;
appeal.
(a)
At such time as the application has been reviewed and found to meet § 47-28 of these rules and regulations, the Chief Administrator shall forward the same to the Personnel Board.
(b)
Examination.
[1]
The Personnel Board may designate any recognized
examining agency or qualified individual to act as examiner for the
written and oral examinations. The oral examination will be conducted
by a panel of police professionals. The Board shall reserve the right
to accept or reject, in whole or part, any of the recommendations
of the regularly appointed examining agency or qualified individual.
The examiner shall administer each examination in accord with the
statement of instructions and rules established by the Board.
[2]
Minimum scores.
[a]
The written examination must be
passed with a minimum 70% score prior to taking the oral examination.
[b]
The oral examination must be passed
with a minimum 70% score in order to be considered eligible for the
position.
[c]
The physical agility test must
be passed (the scoring for this test is pass/fail) in order to be
considered eligible for the position.
|
Note: The first 15 eligible applicants who successfully
pass the written examination will be considered eligible to take the
oral examination. If a candidate is not selected from the top 15 applicants,
the next 15 applicants (or remaining applicants, if fewer than 15
will be interviewed.
|
[3]
Scoring. The following chart establishes the
scoring points for the various positions.
|
Position
|
Written
|
Oral*
|
Evaluation
|
Maximum
Total**
| |
|---|---|---|---|---|---|
|
Police officer
|
70
|
30
|
N/A
|
100
| |
|
Sergeant/
Lieutenant
|
65
|
25
|
10
|
100
|
|
*
|
NOTE: A 10 points veteran's preference shall
be awarded to qualified persons who have been honorably discharged
from the United States Armed Forces and have met the minimum passing
score on both the written and oral examination.
| |||||
|
**
|
NOTE: At the discretion of the Board, entry-level
applicants may be eligible for educational or experience credits according
to the following schedule:
| |||||
|
Education: Two points for each full year of
college-level course work or equivalent (30 credits) to a maximum
of eight points; bonus of two points if a B.S. or B.A. in major related
to position for which application is made.
| ||||||
|
Experience: One point for each full year of
civilian police experience to a maximum of five points; military police
experience may be substituted for up to two years' credit.
| ||||||
[4]
Notices.
[a]
Applicants qualified to take examinations
shall be given reasonable notice of the time and place of the examination.
Only applicants with said notice will be permitted to participate
in such examination.
[b]
When grading of each examination
is completed, the Board shall give each applicant written notice of
his grades and rank on the eligible list.
[5]
Prohibitions.
[a]
Any applicant failing to obtain
a passing grade in any examination shall not be eligible for a subsequent
examination for any position in the Police Department for a period
of six months.
[b]
Any applicant found guilty of any
act tending to defeat the proper conduct or result of an examination
shall immediately be declared ineligible and shall not be permitted
to make future application for any position in the Police Department.
(c)
Selection.
[1]
Eligible list.
[a]
As soon as possible after each
examination, the Board shall prepare an eligible list, upon which
appears the applicant's name and passing score in the examination,
arranged in the order of final weighted score received. Said list
shall be filed in the office of the Municipal Secretary and posted
for two weeks in the Police Department.
[b]
The Board, at its discretion for
documented cause, may void an eligible list at any time, but in no
case shall any eligible list remain in effect for a period of more
than two years from the date of preparation.
[c]
Additionally, the applicant shall
be removed from the eligible list for the following reasons:
[i]
The applicant is appointed to a
position in the Police Department.
[ii]
The applicant declines an appointment
to a permanent position in the Police Department.
[iii]
The applicant fails to make a
written reply to the Board of availability within 14 days after notification
that his name as an eligible candidate has been forwarded to the Chief
Administrator for consideration to fill a vacancy.
[iv]
The applicant indicated availability
for appointment and is appointed to fill a vacancy and fails to report
at the time prescribed, without just cause.
[2]
Process.
[a]
When a vacancy is to be filled
in the Police Department, the Chief Administrator shall submit a job
announcement and written request to the Board for certification of
eligibles, consisting of at least three names or a lesser number where
three are not available, who have received the highest weighted score.
[b]
The Chief Administrator shall,
with sole reference and in accord with the general policy on selection
regarding the review of the merits and fitness of the candidates,
make an appointment from the three names. The Chief Administrator
may object to the Board as to one or more persons certified for any
of the reasons of disqualification contained herein discovered during
the selection review process. The Board shall review said objection
and, if merited, uphold the same, remove the applicant from the eligible
list and certify the next highest name.
(d)
Appointment.
[1]
Probationary. All initial appointments to uniformed
police positions shall be for a probationary period of one year. The
Chief of Police shall make written reports to the Chief Administrator
on the performance of each probationer at the end of the second and
fourth months and, finally, not less than 10 nor more than 15 workdays
before the end of the probationary period. The Chief Administrator
shall make the decision on retention or release of the probationer
and notify, in writing, the probationer and the Board within five
workdays of said decision. Any person released during the probationary
period shall not be subject to the hearing procedures provided for
permanent employees.
[2]
Permanent. Not less than five days prior to
the end of the probationary period, the Chief of Police shall recommend,
in writing, to the Chief Administrator that such employee be appointed
as a permanent, full-time employee or be dismissed. The Chief Administrator
shall review the recommendation and performance records of the employee
and, if permanent appointment is recommended, shall certify and recognize
the candidate as a permanent employee, unless a major disqualifying
factor has been noted and gone uncorrected.
(e)
Selection process appeal.
[1]
Applicant. An applicant may appeal a segment
of the competitive examination process to the Personnel Board. Such
appeals shall be in writing and must be received by the Board Chairperson
not later than 10 working days following the date of the action to
which appeal is made. Such appeal shall state the details of the action
which is being appealed and the basis for the appeal.
[2]
Board. The Board shall respond, in writing,
to the appeal within 15 days of receipt of the appeal.
[3]
Hearing and decision. If the Board determines
that a hearing is justified, the applicant shall be advised of the
date, time and place of the hearing. Any such hearing shall be held
within 60 calendar days of the action which is being appealed. All
such hearings shall be held in public, and the applicant may be represented
by legal counsel.
[4]
The decision of the Board shall be final and
binding on the Municipality, provided that nothing in this section
shall supersede rights granted to the applicant by state or federal
law.
Priority in the selection of candidates for
a particular job classification shall be given first to qualified
applicants who have been permanent employees of the Municipality and
were laid off in good standing for lack of funds or work. With regard
to positions above the entrance level, qualified persons from the
above category shall compete with present municipal employees for
promotion to such vacancies. Promotions shall be on a competitive
basis except for the situation in which the number of persons qualified
for promotion is insufficient to justify competition. Promotions shall
give appropriate consideration to the applicant's qualification, record
of performance and seniority.
A.
The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position and for rejecting any employee whose performance is not satisfactory. To attain optimal effectiveness of the probationary period, the department head shall keep detailed records of the employee's performance and other pertinent information. Records of employee performance shall be in accordance with the municipal performance evaluation procedures established in §§ 47-38 through 47-40 of these rules and regulations.
B.
Term of probation shall be that established for police
officers, those lengths established by labor agreements, those lengths
established by the Mayor and Council for certain employees and shall
be 60 days for those employees not covered above.
A.
At any time during the probationary period, the department
director may recommend to the Chief Administrator that an employee
be removed. This recommendation shall state the director's opinion
than an employee's observed performance indicates that such an employee
is unable or unwilling to perform the duties of the position satisfactorily
or that his habits or lack of dependability do not merit continuance
in the service. Upon review and action, the Chief Administrator shall
forthwith report, in writing, to the director and the employee the
action and reason therefor.
B.
If a probationary employee has committed an offense
which is considered cause for disciplinary action, he may be disciplined
or dismissed without prior notice. A probationary employee who is
found to have been appointed through fraud or error shall be removed
by the Chief Administrator.
The probationary period shall be used in connection
with promotional appointments in the same manner as it is used for
original entrance appointments. If a person is removed during their
probationary period, he shall be entitled to return to the position
held before the promotion.
If an employee is laid off during a probationary
period and subsequently reappointed in the same department, he shall
be given credit for the portion of the probationary period completed
before he was laid off.
Not less than five days prior to the end of
the probationary period, the director of the department in which the
employee is working shall recommend, in writing, to the Chief Administrator
that such employee be appointed as a permanent, full-time employee
or be dismissed and provide the records of performance and other information
to justify the recommendation. The Chief Administrator shall review
the recommendation and supporting records of the employee and, if
permanent appointment is recommended, shall certify and recognize
the candidate as a permanent employee, unless a major disqualifying
factor has been noted and gone uncorrected.
It is the policy of the Municipality to provide
a performance appraisal of all employees so that a mutual effort of
the employee and employer shall accomplish an overall growth of organizational
performance and individual knowledge of job strengths/weaknesses and
establish areas for the individual's further development through training,
motivation and incentive.
The evaluation of employees shall be based upon the job descriptions as developed per § 47-24.
A.
Evaluation forms. The evaluation form shall be approved
by the Council. It shall include two parts: one section for managerial/administrative/supervisory
personnel or one section for nonsupervisory personnel, and one general
section for both, to include accomplishments, areas for improvement,
work-related goals for next year, and employee comments. (The forms
can be attached to the rules and regulations as Appendix A.[1])
[1]
Editor's Note: Appendix A, Job Descriptions
and Performance Evaluation Report, is on file in the Chief Administrator's
office.
B.
Evaluation procedure.
(1)
The Chief Administrator shall see that the department
director annually appraises the work performance of those employees
working in that department according to the set of standards outlined
in the evaluation form and review the completed evaluation form with
the employee being appraised. If the employee's performance evaluation
is such that it would be termed unsatisfactory, the employee and director
shall review and decide upon a reasonable course of action to overcome
work deficiencies and report this course of action to the Chief Administrator.
It is recommended that, if the evaluation reveals serious deficiencies,
goal-setting should include more frequent short-term evaluations of
the employee(s).
(2)
The employee shall fill out his/her own evaluation
form and shall review this self-evaluation with the department head
at the same time as the work appraisal is made. The differences shall
be noted and reconciled in writing.
C.
Review. The Chief Administrator shall review and approve
all annual performance appraisals and may request additional information
or change any performance appraisals, noting the change to the parties
involved.
D.
Appeal. When an employee disagrees with his performance
evaluation or when a satisfactory course of remedial action cannot
be arrived at, the matter shall be brought before the Chief Administrator,
who shall review the matter with the individuals collectively and
then settle on the evaluation to be given and any course of action.
The Chief Administrator's decision shall be final.
A.
General. Vacancies within the municipal service will
be filled, whenever possible, by promotion of incumbent municipal
employees. An advancement in rank or grade or an increase in salary
beyond the limits defined in the rules for the administration of the
pay plan shall constitute a promotion.
B.
Criteria. Vacancies in positions above the entrance
level shall be filled by promotion whenever, in the judgment of the
Chief Administrator, it is in the best interest of the Municipality
to do so. Promotions shall be on a competitive basis except where
it is found that the number of persons qualified for promotion is
insufficient to justify competition. Promotions shall give appropriate
consideration to the applicant's qualifications, record of performance
and seniority.
A.
General. When a vacancy occurs in any department,
any employee of the same classification or a lower classification
in any department shall have the option of applying for a transfer
to the vacancy in that department. In the event of more than one application
for the vacant post, qualifications and seniority shall be considered
in the selection process.
B.
Temporary assignment. Occasionally, a department or
a position within a department may be in need of extra help. If the
above process proves unsuccessful, then an employee may be temporarily
assigned to a different position. Pay will be at the existing position
rate for the employee or at the position rate for the temporary assignment,
whichever is the higher.
A.
General. An employee may be demoted to a position
of lower classification for which he is qualified for any of the following
reasons:
(1)
When an employee would otherwise be laid off, because
of position abolishment, reclassification, lack of work or lack of
funds.
(2)
When an employee does not possess the necessary qualifications
to render satisfactory service in the position held or when removed
during probation.
(3)
When an employee voluntarily requests such demotion.
(4)
For disciplinary reasons.
B.
Process.
(1)
All demotions shall be done by the Chief Administrator
upon review of the recommendations of the department director.
(2)
An employee who is demoted shall have the pay rate
reduced to the maximum rate for the new classification or continue
at the existing rate, whichever is the lower.
(3)
All demotions shall take effect five days after the
Chief Administrator has so advised the employee, in writing, of the
action and reasons therefor and filed a copy with the Board.
C.
Appeal. Any permanent employee demoted during a promotion
probation period or for disciplinary reasons may appeal the action
to the Personnel Board.
A.
General. The tenure of every employee shall be conditioned
on good behavior and the satisfactory performance of duties. Any employee
may be temporarily separated by layoff or suspension or permanently
separated by resignation or dismissal.
B.
Type.
(1)
Layoff. Whenever there is lack of work or lack of
funds requiring reductions in the number of employees in a department
or division of the municipal government, the required reduction shall
be made in such job class or classes as the Chief Administrator shall
designate, based on the department director's recommendations, provided
that employees shall be laid off in the inverse order of their relative
length and quality of service as determined by rules governing the
evaluation of service and the qualifications deemed necessary to continue
operation of the municipal interests. Within each affected job class,
all temporary employees shall be laid off before probationary employees,
and all probationary employees shall be laid off before any permanent
employees.
(2)
Resignation. An employee may resign in good standing
by filing written reasons with the department director and Chief Administrator
at least two weeks prior to the final day of work. An employee resigning
in good standing may be reinstated to any position in the same class
if there is need for services and/or a vacancy within two years after
the date of resignation.
(3)
Suspension.
(a)
For cause. When in the judgment of the Chief
Administrator an employee's work performance or conduct justifies
disciplinary action short of dismissal, the employee may be suspended
without pay for up to 20 days.
(b)
Investigation. During investigation, hearing
or trial of an employee on any civil or criminal charge, when suspension
would be in the interest of the Municipality, an employee may be suspended
by the Chief Administrator for the duration of the proceedings.
(c)
After completion of the case for which the employee
was suspended, the suspension shall terminate by resignation or dismissal
of the employee, by reinstatement of the employee or by other appropriate
action.
(d)
Process and appeal. The Chief Administrator
shall furnish, by the effective date, written notice to the employee
affected by the suspension, setting forth reasons for said suspension.
The employee may appeal a disciplinary suspension to the Personnel
Board by filing written notice within 10 workdays of the effective
date of the action with the Board and requesting a hearing before
the Board.
(4)
Dismissal. A permanent, nonexempt employee may be
dismissed or demoted whenever, in the judgment of the Chief Administrator,
the employee's work or misconduct so warrants. When the Chief Administrator
decides to take such action after utilizing all remedial steps possible,
which shall include a pretermination meeting, written notice shall
be filed with the employee and the Personnel Board containing a statement
of the substantial reasons for the action. The employee shall be notified
prior to the effective date of the action. The notice shall inform
the employee that the action may be appealed by filing a written request
with the Personnel Board for a hearing within two calendar weeks from
the effective date of the action.
A.
Reprimand. In situations where a formal oral warning
has not resulted in the expected improvement or where more severe
initial action is warranted, written reprimand by the department director
or the Chief Administrator may be sent to the employee, and a copy
shall be placed in the employee's personnel folder.
B.
Other. Listed below are some of the reasons which
might be causes of disciplinary action, as defined in this article,
but disciplinary action is not limited to the offenses listed.
(1)
Conviction of a crime that would make the employee
unsuitable for the position held.
(2)
Insubordination (disobedience).
(3)
An unreasonable amount of lost time or abuse of sick
leave, as defined.
(4)
Absence without leave for a justifiable cause.
(5)
Excessive tardiness.
(6)
Continuous documented inefficiency or unsatisfactory
performance evaluations as determined by the municipal evaluation
procedure.
(7)
Abuse of municipal property.
(8)
Giving false statements to supervisors or the public.
(9)
Violation or failure to observe state statutes, municipal
ordinances, administrative regulations or established departmental
rules.
(10)
Alcohol and drugs.
(a)
Consumption of intoxicating beverages or unprescribed
narcotic drugs during working hours on municipal property or in municipally
owned vehicles.
(b)
Being under the influence of alcohol or narcotic
drugs during work hours.
(c)
Unauthorized possession of intoxicating beverages
or narcotic drugs on municipal property or in municipally owned vehicles.
(11)
Any conduct which reflects unfavorably on the
Municipality or adversely interferes with the operations of the Municipality
interest.
(12)
Membership in any organization whose policies
and activities are aimed at the overthrow of the form of government
set forth in the Constitution and laws of the United States and the
Commonwealth of Pennsylvania.
(13)
Discovery of a false statement in an application
directly effecting qualifications which had not been detected previously.
(14)
Failure to pay legal debts affecting suitability
for the position or to reimburse the Municipality for funds due.
(16)
Refusal to be examined by a municipally authorized
physician when so directed.
(17)
The unauthorized use of municipal supplies,
materials, equipment or other property for personal purposes or securing
the same for others' personal use.
(18)
Usury or possession on municipal property or
in municipally owned vehicles of any gaming device, notebook or policy
not permitted by applicable law.
(19)
Pursuing any activity not associated with position
duties and responsibilities during work hours unless authorized by
the department director.
(20)
Unlawful political or other activity as provided
in the Administrative Code.
Any nonexempt employee shall have the right
to appeal any allegedly adverse employer action, including but not
limited to these rules and regulations, unwarranted demotion, dismissal,
suspension or position classification. No employee shall be disciplined
or discriminated against as a result of having submitted a grievance.
A.
Before submitting a grievance, an employee shall discuss
the grievance with the immediate supervisor and/or the director of
the department the employee works in. If this informal meeting is
unable to resolve the grievance, the employee shall initiate the grievance
procedure.
B.
Grievance procedure.
(1)
Initiation. An employee shall submit a grievance to
the department director within 10 working days after the occurrence
or action which gives rise to the grievance. The submission shall
be in writing on a standard form, including name of the aggrieved
employee and the department in which he works; a brief description
of the action being grieved, including exact dates and times, as well
as names of other persons involved; and the corrective action being
requested by the aggrieved employee. The employee and the Municipality
may bring to any step meetings persons of their choosing to represent
them.
(2)
First step. The department director shall arrange
a meeting within 10 days of receipt of the grievance and issue a written
first step answer within 10 working days following the meeting with
the grievant. The grievant, if dissatisfied, may appeal to the second
step by giving written notice of appeal to the Chief Administrator
within 10 working days following receipt of the first step answer.
(3)
Second step. The Chief Administrator and/or Mayor
shall arrange a meeting with the grievant within 10 working days following
receipt of notice of appeal and issue a written second step answer
within 10 working days following the meeting with the grievant. The
grievant, if dissatisfied, may appeal to the third step by giving
written notice of appeal to the Personnel Board within 10 working
days following receipt of the second step answer.
(4)
Third step. The Board shall arrange a hearing date
and time not later than 30 calendar days following the receipt of
notice of appeal. The grievant and appropriate municipal officials
shall review the grievance with the Board, and the Board shall render
its decision, in writing, within 20 working days and file notice of
the same with all involved parties. The decision of the Board shall
be final and binding, except as provided by these rules and regulations,
applicable law and existing labor agreements per the fourth step below.
(5)
Fourth step. For those employees covered by labor
agreements with a grievance on an item covered by the contract, appeal
to an independent arbitrator per the labor agreement rules and procedures
may be made.
If the employee files a reply and requests a
hearing within the prescribed periods, the Personnel Board shall schedule
a hearing. At the written designation of the employee, the hearing
may be private or open to the public.
The Board shall provide notice of the date,
time and place of a hearing to all involved principal parties by personal
service or certified mail.
A.
Power.
(1)
The Board shall take all testimony under oath or affirmation,
the oaths or affirmations to be administered by the presiding Board
member.
(2)
The Board may compel the attendance of witnesses and
the production of records and papers pertaining to any hearing it
deems necessary or upon written request of the same by any of the
principal parties within five days of the date appearing on the aforementioned
notice.
B.
Procedure. In conducting a hearing, the proceedings
shall be informal as possible, and it shall be assumed that the action
complained of was taken in good faith unless proved otherwise. The
hearing may follow the sequence listed below:
(1)
The presiding member shall state the general purpose
of the hearing.
(2)
The presiding member shall read or direct another
to read the written charges and record of action taken against the
employee and any written reply of the employee to the charges.
(3)
The presiding member shall administer oaths or affirmations
to all those present who are going to testify.
(4)
The presiding member shall afford each person making
charges or his representative an opportunity to make further statement
in support of the charges and to produce any witness.
(5)
The presiding member shall afford the employee so
charged or his representative an opportunity to make further statement
in rebuttal and to produce any witness.
(6)
The presiding member shall afford any of the principal
parties or their representatives an opportunity to produce any witness
and briefly summarize their position.
(7)
The Board shall be the judge of admissible evidence
and procedure and shall not be bound by technical rules of evidence.
(8)
The Board, at any time during the course of the hearing,
may question or cross-examine the person making charges, the employee
so charged and any witness.
(9)
A stenographic transcript of proceedings shall be
made and filed in the Board's archives, along with all other records
pertinent to the case. Such records shall be sealed and not open to
public inspection.
C.
Decision. The Board's decision as empowered by the
personnel policy and these rules and regulations shall be final and
binding on the Municipality but shall not abridge an employee's right
to appeal a decision to an appropriate legal agency or tribunal.
(1)
Scope. If the Board finds that the action of the Chief
Administrator was based on discriminatory reasons or that the Chief
Administrator failed to follow the proper procedures outlined in these
rules and regulations, the employee shall be reinstated to his former
position without loss of pay. In cases of promotional procedure deficiency,
the Board shall direct the Chief Administrator to vacate the appointment
and reinitiate the proper proceedings. In cases of proper and warranted
action, but with abusive penalty, the Board may modify the penalty
at its discretion but not less than the minimum allowable. In all
other cases wherein the Board does not sustain the action of the Chief
Administrator but finds that proper procedure was utilized, the Board's
findings and recommendations shall be advisory in nature, and the
Chief Administrator may affirm the original action or modify it pursuant
to the Board's recommendations.
(2)
Notice. Within 20 working days after the hearing,
the Board shall issue its decision in the form of a written order
approved by at least two members of the Board. The written order shall
include all findings of fact and a decision on the correctness of
one set of facts or the other, if two opposing sides were presented
in the hearing. The findings and decision of the Board shall be certified
to the person making the charges, the employee so charged and to the
Municipality.
A.
General. The Chief Administrator shall prepare a pay
plan to be adopted by the Council. Said pay plan shall be drafted
in accord with classification of positions as outlined in these rules
and regulations and be in accord with existing collective bargaining
agreements.
B.
Administration.
(1)
The minimum rate established for a salary or hourly
wage rate representing a nonunion position shall be the normal rate
of pay upon employment, except under circumstances which appear to
warrant appointing an employee of exceptional qualifications to a
higher rate within the grade.
(2)
A full-time employee in the above category, upon successful
completion of six months and one year's service and upon completion
of a satisfactory performance rating, will be eligible for advancement
to a higher rate within grade, provided that the advancement may not
exceed the maximum rate established by the Council for that position.
A.
The normal hours of work for all full-time municipal
employees shall be eight hours per day and 40 hours per week. Furthermore,
the hours of work for the various employment groups will be in accord
with the collective bargaining agreements, at the Chief Administrator's
direction, or in accord with any ordinance of Council.
B.
Overtime shall be controlled by the director of the
department and used in a fair and equitable manner of equal opportunity.
Except as provided in a collective bargaining agreement, overtime
shall be compensated at 1 1/2 times the hourly rate.
C.
Managerial and administrative/supervisory classifications,
while normally working 40 hours per week, shall have their hours of
work as those required by the Chief Administrator or department heads
for the completion of assigned duties of the particular position and
do not qualify for overtime pay but may be granted compensatory time
off when conditions permit, upon the approval of the Chief Administrator.
A.
Holidays.
[Amended 12-17-1997 by Ord. No. 483-97]
(1)
All full-time employees with 30 calendar days of service
are eligible for holiday leave. Holiday leave shall be in accord with
existing collective bargaining agreements or Council ordinance.
(2)
A regular part-time employee shall be eligible for holiday leave. Holiday leave is to be paid at the employee's regular hourly rate for four hours per holiday. A regular part-time employee shall be a part-time employee (as defined in § 47-23C) who has been employed by the Municipality for 24 consecutive months and has been and will be scheduled to work a minimum of 1,000 hours per year.
(3)
To be eligible, an employee must have worked the last
scheduled day prior to the holiday and the first scheduled work day
thereafter or be on authorized leave.
(4)
Holidays falling on Saturday shall be observed the
preceding Friday and holidays falling on Sunday shall be observed
the following Monday.
B.
Vacations.
[Amended 12-17-1997 by Ord. No. 483-97]
(1)
Every full-time employee shall be eligible for annual
vacation leave according to the schedule established for each group
of employment by collective bargaining agreements or Council ordinance.
(2)
All regular part-time employees shall be eligible
for one week vacation leave to be paid at the employee's regular hourly
rate for four hours per vacation day.
(3)
Vacation time for full-time salaried and hourly employees
is not cumulative from year to year. No employee will be paid for
vacation earned but not taken, except as provided herein.
(4)
Holidays falling within a scheduled vacation period
of more than two days shall not count as a vacation day used.
(5)
Vacation preference will be submitted by April 1 of
each year, and department heads will schedule so as to have minimum
disruption to the department's work schedule; due consideration will
be given to the employee's preference and seniority in classification.
(6)
Employees voluntarily or involuntarily terminating
service after one full year of continuous employment or on extended
sick leave preventing use of vacation shall be entitled to vacation
pay earned in that year but not used. Any employee terminating service
without appropriate notice shall not be entitled to vacation pay.
C.
Sick leave.
(1)
Policy. It is the policy of the Municipality that
sick leave is provided to full-time employees to protect the employees
against financial hardship due to loss of wages during illness. As
such, sick leave is considered to be an insurance against hardship
rather than a benefit to which an employee is automatically entitled.
(2)
Request for sick leave. Request for sick leave shall
be done by notification of the supervisor or department head prior
to or within 1/2 hour after the time set for beginning his daily duties,
except that Police Department employees shall provide a minimum of
one hour's notice prior to shift start. This provision may be waived
if the employee submits evidence which indicates that it was impossible
to give such notice.
(3)
Illness or injury during vacation. If an employee
suffers an illness or injury during vacation leave, the period of
such illness/injury may be considered sick leave at the discretion
of the Chief Administrator. In all such cases, the employee shall
provide a doctor's certificate indicating nature and duration of the
illness/injury.
(4)
Use of sick leave. Use of sick leave shall be only
for cases of actual illness or non-work-related injury of an employee.
Any other use of sick leave will be considered an abuse of the sick
leave benefit. For any usage of sick leave in excess of three consecutive
days, the employee shall present a doctor's certificate indicating
the nature of the employee's illness or injury. When two or more days
of sick leave are taken during one week, the Chief Administrator or
the department director may require that an employee present a doctor's
certificate indicating the nature of an employee's illness or injury.
(5)
Amount and accumulation of sick leave. Amount of sick
leave and accumulation of sick leave shall be in accord with collective
bargaining agreements or Council ordinance.
D.
Injury.
(1)
Policy.
(a)
An employee injured in the line of duty shall
be paid his normal compensation for a period not to exceed seven days
from the date of disability. After seven days, an employee receives
workmen's compensation payments in lieu of compensation from the Municipality,
with the exception of the Police Department. Uniformed police injured
in the line of duty continue to receive full pay from the Municipality
in accord with state law. Any employee receiving full wages must turn
all compensation wages for the same period over to the Municipality.
(b)
All employees, volunteer firemen, volunteer
ambulance personnel and any other individuals covered by the Municipality's
workers' compensation policy will be required to utilize the services
of the designated health-care providers as identified and posted by
the Municipality during the first 30 days of treatment for a work-related
injury. In the instance where emergency treatment is required, the
individual may utilize the most convenient physician or hospital,
but after initial emergency treatment, the individual must receive
all subsequent treatment from a member of the panel of physicians
for the statutory thirty-day period. The thirty-day period begins
on the date of treatment, not the day of injury. Except for any emergency
treatment as explained above, if an individual does not utilize the
services of a panel physician during the first 30 days of treatment,
the workers' compensation insurance company nor the Municipality has
any obligation to pay the bills, and in all likelihood such bills
will be the responsibility of the individual. Following the thirty-day
period, if the individual chooses to switch to a nonpanel physician,
the individual is required to notify the Municipality within five
days of treatment, or the insurance company and the Municipality will
be relieved of the liability to pay the bills.
[Added 6-1-1994 by Ord. No. 388-94[1]]
[1]
Editor's Note: This ordinance also provided
that the Municipality of Murrysville reserves the right to revise
the panel of designated health-care providers as needed without amending
this ordinance, and also that the municipal staff is authorized to
implement any and all procedures necessary to establish a panel of
designated health-care providers.
(2)
Notification. In addition to the department director's
immediate report, a certificate of the attending physician or surgeon
attesting to the disability and the cause thereof shall be filed with
the Chief Administrator within 48 hours of the occurrence of the injury.
(3)
Certification. Prior to receiving payment from the
Municipality while on sick leave due to injury or on compensation
leave, an employee must submit a doctor's certificate verifying the
extent of injury and estimating the time when the employee will be
able to return to work.
(4)
Off-the-job injury. Absence due to off-the-job injury
shall be treated as sickness with regard to sick leave and disability
insurance pay. Compensation for employees absent due to injury suffered
through employment outside the Municipality's service shall be limited
to sick leave time, and employees injured on a job for another employer
shall not receive municipal disability insurance pay, except as may
be provided by the carrier after exhaustion of sick leave.
E.
Special leaves.
(1)
Bereavement leave. This leave is provided as an indication
of the Municipality's respect to the employee's loss and shall be
in accord with collective bargaining agreements or Council ordinance.
(2)
Court leave. Except as provided by collective bargaining
agreements, a full-time employee who is required to serve on a jury
or as a witness in a court case shall receive paid leave for the necessary
period. Employees requesting court leave shall submit to the Chief
Administrator a copy of the court order or subpoena. Any juror or
witness fees received by the employee shall be turned over to the
Municipality.
(3)
Military service.
(a)
Any regular full-time employee required to serve
in the armed forces of the Commonwealth of Pennsylvania or the United
States for periods not to exceed 15 working days annually shall be
reimbursed by the Municipality for regular municipal compensation.
Regular rate of compensation shall be received for the duration of
the time the employee's military leave coincides with continuous temporary
military service. Reimbursement is subject to the verification of
military pay records by the Chief Administrator.
(b)
Involuntary armed forces active duty shall be
considered a leave of absence without pay, provided that an employee
does not volunteer for extended service beyond the period required
and returns to municipal service within 30 days after release from
the armed forces.
(4)
Maternity leave.
(a)
Maternity leave shall be granted for temporary
disabilities caused or contributed to by pregnancy, miscarriage, abortion,
childbirth and recovery therefrom. Accumulated sick leave, if requested
by the employee, shall be granted for that period of time for which
the employee was temporarily disabled due to the conditions stipulated
above. Additionally, an employee so disabled may qualify for municipal
disability insurance pay by filing the requisite attending physician
certificate.
(b)
Leave without pay shall be granted for maternity
use for a period not to exceed six months, provided that regular attending
physician certificates are filed verifying the need of leave and estimating
the time when the employee will be able to return to work. An extension
of up to three months may be granted upon approval by the Chief Administrator.
(5)
Leaves of absence.
(a)
The Chief Administrator may authorize leaves
of absence for full-time municipal employees, including or excluding
vacations, with or without pay, for any period or periods not to exceed
three calendar months in any one calendar year for the following purposes:
attendance at college, university or business school for the purpose
of training in subjects related to the work of the employee and which
will benefit the employee and the municipal service; urgent personal
business requiring the employee's attention for an extended period,
such as settling estates, liquidating a business, service on a jury
and attending court as a witness; and for purposes other than above
deemed beneficial to the municipal service.
(b)
Authorized leaves of absence shall not interrupt
continuous service time.
(6)
Disability leaves.
(a)
The Municipality, through its various employee
benefit programs, attempts to provide the protection against hardship
to the employee. In the event that an employee, due to sickness or
off-the-job injury, is disabled and cannot return to work, a leave
of up to six months shall be granted with compensation as determined
by the applicable benefit program. An extension of up to three months
may be granted upon approval by the Chief Administrator. All such
leave shall be granted only upon the filing of attending physician
certificates verifying the extent of disability and need of leave
and the estimated time the employee may return to work.
(b)
If at the end of the disability leave provided
herein, the attending physician cannot or does not provide a definitive
statement of the employee's return date and certify that the employee
is capable of handling all the duties of his position, the Chief Administrator
shall institute the following procedure:
[1]
Notify the employee that insurance benefits
paid for by the Municipality shall cease at the end of the next calendar
month from the date of notice and advise him of his conversion privileges
and the benefit options he may be eligible to receive.
[2]
Notify the employee that, in the interest of
maintaining the municipal operations, his position will be declared
vacant and the provisional employee who may have been appointed to
be declared a permanent employee or proceed to fill the position pursuant
to the personnel policy.
[3]
Notify the employee that he may apply for another
position or duties he is capable of handling, provided that said vacancy
exists and that, if no vacancy exists, that he will be retained on
a preference and priority list for a time period of two years from
date of this action.
[4]
Notify the employee of his right of appeal to
this action by filing written notice with the Personnel Board within
10 days of receipt of notice of the action. The Personnel Board shall
hold a hearing in accordance with the established procedures and forward
its recommendation to the Council. Council shall review the case and
the Board's recommendation, hold a hearing, if it deems it necessary,
and may waive the time limits and other matters herein provided, at
its discretion. Council's action shall be final.
A.
Policy.
B.
Equipment or conditions. No employee will be required
to work with machinery or equipment or under conditions that are unsafe.
If an employee is asked to operate equipment or work under conditions
he considers unsafe, the following procedure shall be observed:
(1)
The employee shall first notify his supervisor of
the equipment or condition he considers unsafe, specifying reasons.
(2)
The supervisor will then investigate the indicated
equipment or condition and take the necessary corrective steps, provided
that the condition, in the supervisor's judgment, warrants correction
prior to the performance of work.
(3)
If the employee does not agree with the supervisor at Subsection B(2), he may request the department director to make a concurrent judgment.
(4)
The department director will request the Chief Administrator
to make a final judgment if the condition is further questioned.
C.
Other. Offices, work areas and premises under the
control of the Municipality shall be kept in as neat, clean, safe
and sanitary manner as possible at all times.
A.
Personal expenses on official business. An official
or employee engaged in official business authorized by the Chief Administrator,
department director or Council may be reimbursed for all or part of
necessarily incurred expenses, provided that funds are available in
the current municipal budget. Such reimbursement shall be made upon
submission of adequate expense records.
B.
Official use of personal vehicles. Officials or employees
will be paid $0.20 per mile for the use of privately owned vehicles
on official business when authorized by the Chief Administrator.
C.
Personnel records.
(1)
The Chief Administrator or any other person designated
to fulfill this function shall organize and maintain personnel records
of each employee in the municipal service. The employee records shall
contain information relevant to the individual's employment with the
Municipality.
(2)
Access.
(a)
The municipal employee shall have access to
all parts of his own personnel records but may not remove the same
from record storage premises.
(b)
The Chief Administrator shall have access to
all employee records. A department director shall have access to personnel
records of such employees that work in his department.
(c)
No other personnel shall have access to any
personnel records other than his own.
