City of Pawtucket, RI
Providence County
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Table of Contents
Table of Contents
[1]
Editor's Note: See also Ch. 63, Personnel Policies, of the Code.

Sec. 7-100 Personnel system established; to be administered by personnel director.

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.

Sec. 7-101 Sec. 7-101. Appointment, suspension, etc. of employees.

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.

Sec. 7-102 Sec. 7-102. Employees, etc., covered by system.

[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.

Sec. 7-103 Regulations to be prepared, adopted, etc.

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.

Sec. 7-104 Contents of regulations.

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;
[1]
Editor's Note: See Ch. 88, Salaries and Compensation, Art. VI, Classified Service Pay Plan.
(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.

Sec. 7-105 Director to conduct examinations; exceptions.

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.

Sec. 7-106 Officers and employees to comply with, aid, etc., system and director; director to certify payrolls.

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.

Sec. 7-107 Roster of city employees; contents.

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.

Sec. 7-108 Appeals.

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.

Sec. 7-109 Qualifications and compensation of director.

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.

Sec. 7-110 Nondiscrimination and equal opportunity. [1]

[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]
[1]
Editor's Note: See Ch. 63, Personnel Policies, Art. X, Affirmative Action Program, of the Code.
[2]
Editor's Note: Former Sec. 7-111, Residency requirements, approved at referendum 11-8-1994, which immediately followed this section, was repealed at referendum 11-7-2000.