In order to establish a system of personnel administration based
on merit principles and standardized methods of governing the appointment,
promotion, demotion, transfer, lay-off, removal and discipline of
its employees, and other incidents of city employment, a merit employment
system, herein designated as the personnel system, is hereby established.
It shall be administered under the supervision of a personnel director,
who is hereby designated the head of the personnel division of the
department of finance.
Appointment, promotion, suspension and dismissal of employees
shall be made by the heads of the respective departments, and the
respective boards and commissions. All appointments and promotions
to positions in the personnel system shall be made in accordance with
the personnel system regulations, and any dismissal or demotion after
the completion of the required probationary period of service, or
suspension from service, shall be for cause and in accordance with
the provisions of this Charter.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
All officers and employees of the city, and of every department,
board, commission or other agency thereof, shall be under the personnel
system except:
(1)
Officers elected by the people;
(2)
The heads of the eight administrative departments;
(3)
Persons appointed to office by the council;
(4)
Members of independent boards and commissions;
(5)
The administrative assistant to the mayor;
(6)
The secretaries and clerks for the mayor, and one secretary
or clerk for each head of an administrative department, and for each
independent board or commission;
(7)
The superintendent and assistant superintendents of school,
and other personnel of the school committee having tenure of office
by reason of state statutes or regulations;
(8)
Persons employed by contract to perform special services for
the city where such contract is certified by the personnel director
to be for employment which cannot be performed by persons in the personnel
system;
(9)
Persons temporarily appointed or designated to make or conduct
a special inquiry, investigation or examination, or to perform a special
service where such appointment or designation is certified by the
personnel board to be for employment which because of its expert nature
or character could not or should not be performed by persons in the
personnel system;
(10)
Persons who in times of public emergency may be appointed special
employees.
The personnel system regulations shall be prepared by the personnel
director and shall be submitted to the personnel board for approval.
After approval by the personnel board, all of such regulations pertaining
to pay plans shall further be submitted to the council by the director
of finance with his recommendations thereon, and the council shall
adopt regulations pertaining to pay plans by ordinance. All regulations
adopted as aforesaid shall be filed with the department of records.
The regulations shall provide for:
(1)
Preparation, maintenance and revision of a position classification
plan[1] for all positions in the personnel system based upon similarity
of duties performed and responsibilities assumed, so that qualifications
may reasonably be required for and the same schedule of pay may be
equitably applied to all positions of the same class;
(2)
A pay plan for all employees in the personnel system setting
forth a pay range for each class of employees. Each employee shall
be paid at one of the rates set forth in the pay plan for the class
of position in which he is employed;
(3)
The designation of noncompetitive position classifications which
require the performance of routine laboring or custodial tasks and
are subject to close and continuous supervision;
(4)
Open competitive examinations to test the relative fitness of
applicants for the respective positions other than those within the
noncompetitive position classifications, and methods of selection
of employees for the noncompetitive position classifications. Such
examinations need not be held until after the regulations have been
adopted, the service classified and a pay plan established, but must
be held not later than one year after the effective date of this Charter.
All such examinations shall be announced publicly at least fifteen
days in advance and shall be appropriately advertised.
[Amended Ref. of 11-7-1995 (ratified P.L. 40, 6-13-1996)]
(5)
Promotions which shall have appropriate consideration to the
applicant's qualifications, record of performance, seniority and conduct.
Vacancies shall be filled by promotion whenever possible, and promotion
shall be on a competitive basis except where the personnel director
with the approval of the personnel board finds that competition is
impracticable;
(6)
The establishment of eligible lists for appointment and promotion,
upon which lists shall be placed the names of successful candidates
in the order of their relative excellence in the respective examinations.
Such lists shall continue in force for at least one year from the
date of their establishment and thereafter until exhausted or replaced
by more recently prepared lists. All such lists shall be available
for public inspection;
(7)
The rejection of candidates or eligibles who fail to comply
with reasonable requirements in regard to such factors as age, physical
condition, training and experience, or who have attempted any deception
or fraud in connection with an examination;
(8)
The certification of the three persons standing highest on the
appropriate eligible list to fill a vacancy;
(9)
A period of probation not to exceed six months before appointment
or promotion may be made complete, and during which period a probationer
may, with the consent of the personnel director, be discharged or
reduced in class or rank, or replaced on the eligible list;
(10)
Provisional appointments to be made only with the concurrence
of the personnel director and in the absence of an appropriate eligible
list and to continue only until an appropriate eligible list can be
established and certification made therefrom, but in no event for
more than ninety days in any twelve-month period, except during the
first year after the effective date of this Charter in order to avoid
stoppage of the orderly conduct of the business of the city;
(11)
Emergency appointments to be made only with the concurrence
of the personnel director and only in case of an unforeseen emergency
to prevent serious impairment of the public business, and to continue
only during the period of the emergency;
(12)
The temporary transfer of employees between departments or other
agencies of the city where temporary employment shall be necessary
because of seasonal, abnormal or emergency conditions before any temporary
employees shall be appointed as hereinafter provided;
(13)
Temporary employment to be made from the eligible lists without
prejudice to future employment of the appointee, and other temporary
appointments to be made where no eligible list exists, but only for
the period of no longer than ninety days and without renewal;
(14)
Qualifying tests for fitness for positions in the noncompetitive
position classifications;
(15)
Transfer from one position to a similar position in the same
class and level of responsibility, and for reinstatement within one
year of persons who resign in good standing or who are laid off from
their positions without fault or delinquency on their part;
(16)
The establishment of a system for determining and reviewing,
and the keeping of records of annual efficiency ratings of performance
of all employees in the personnel system, which efficiency ratings
shall be considered in determining salary increases and decreases
provided in the pay plan, as a factor in promotion tests, as a factor
in determining the order of lay-offs because of lack of funds or work
and for reinstatement, and as a factor in demotions, discharges and
transfers;
(17)
Lay-offs by reason of lack of funds or work, or abolition of
a position, or material change in duties or organization, and for
reinstatement of employees laid off or who have resigned or were granted
leaves of absence;
(18)
Suspensions from service for not longer than thirty days;
(19)
Discharge or reduction in rank or grade after appointment or
promotion is completed only after the person to be discharged or reduced
has been presented with the reasons for such discharge or reduction,
specifically stated, and has been allowed a reasonable time to reply
thereto in writing, such reasons and reply to be filed with the personnel
director;
(20)
Hours of work, holidays, attendance regulations, and special
leaves of absence in the various classes of positions in the personnel
system;
(21)
A system permitting employees appropriate annual vacation and
sick leave;
(22)
Such residence qualifications for employees in the personnel
system as the council may from time to time require, but the personnel
board may, upon the request of the personnel director, waive any such
requirements whenever, in its discretion, the circumstances warrant
such waiver;
(23)
Such other matters as may be proper and necessary.
It shall be the duty of the personnel director to conduct such
examinations as are necessary in the administration of the personnel
system; provided that, subject to the approval of the personnel board,
the personnel director may enter into arrangements with any governmental
agency, quasi-governmental agency, or educational institution to obtain
the services and facilities of such agency or institution for determining
qualifications of employees and applicants for employment in the personnel
system.
All officers and employees of the city shall comply with and
aid in all proper ways in carrying out the personnel system regulations
and shall furnish to the personnel system regulations and shall furnish
to the personnel director any records or information which he or the
personnel board shall request. The personnel director shall certify
all payrolls, and that all persons thereon have been duty appointed
in accordance with the provisions of this Charter.
The personnel director shall establish and maintain a roster
of all employees of the city, whether or not in the personnel system,
in which there shall be set forth, as to each employee, the class
title of the position held, the salary or pay, any change in class
title, pay or status, and other pertinent data.
The personnel board shall hear and dispose of appeals as provided
in this Charter. Any employee who is dismissed or demoted after completing
his probationary period of service, or who is suspended for more than
fifteen days in any one year, may, within thirty days after such dismissal,
demotion or suspension, appeal to the personnel board for review thereof.
Every appeal shall be heard promptly. Upon such review, both the appealing
employee and the appointing authority involved shall have the right
to be heard publicly, to be represented by counsel, and to present
evidence; but technical rules of evidence shall not apply. The board's
decisions shall be filed in writing with the personnel director and
shall contain findings of fact which in the absence of fraud shall
be conclusive. If the board sustains the appeal of the employee, it
shall order the reinstatement of the employee in his position with
or without loss of pay for the period of his suspension, or direct
that he be appointed to a position of equal status in the same or
any other office, department, board or commission. If the board overrules
the appeal of the employee, it shall confirm the action of the appointing
authority which shall be final as of the date it was taken. The board's
decision shall be reviewable by the supreme court on a petition for
a writ of certiorari filed within thirty days after the entry of the
decision by the board.
The qualifications and pay plan for the personnel director shall
be determined by the personnel board, and shall be submitted to the
council as provided in Section 7-103 hereof. He need not be a resident
of the city or state at the time of his appointment.
[Amended 7-31-1991 by Ch. No. 2209 (Ref. of 11-6-1990, Sec. 1)]
The City of Pawtucket shall not discriminate in hiring, promotion,
compensation or in any other way, against any employee of the city
on the basis of sex, race, religious belief, national origin, or on
any other basis which shall have been declared illegal through legislative
or judicial action by the federal government or by the government
of the State of Rhode Island. the City of Pawtucket shall take all
legally required and appropriate affirmative action to insure full
equality of access to employment in the personnel system of the city.[2]
