[Amended 8-12-1980 by Ord. No. 80-3; 8-3-2010 by Ord. No.
2010-3]
A. The Director of Personnel shall establish an employee
evaluation program to objectively rate the performance of employees.
B. Disciplinary actions.
(1) Causes for disciplinary action. Disciplinary action
shall be based on the following:
[Amended 9-6-2023 by Ord. No. 2023-7]
(a)
Violations of Article
III, §
6-12A and
B, of this chapter; or
(b)
Violation of articles pertaining to discipline
in the various collective bargaining agreements, applicable work rules
and/or County policies; or
(c)
Actions taken outside the scope of County employment
which are nevertheless indicative of a lack of necessary skill, character,
honesty or trustworthiness and which have a bearing upon the fitness
of the individual to perform his usual County duties; or
(d)
Actions taken outside the scope of County employment
or agreements entered into which could in any way be construed to
be adverse to the public's interest, or which create the appearance
of impropriety or conflict of interest affecting the public's confidence
in the full and proper discharge of the employee's duties;
(e)
The above lists shall not be considered to be
all inclusive and disciplinary action shall not be limited to the
offenses listed.
(2) Record of disciplinary action.
(a)
Prior to taking any formal disciplinary action,
the department head or elected official and the Personnel Department
shall discuss and agree upon the facts of the case and the severity
of the penalty, if any. The Personnel Department shall maintain a
file of all situations brought up for disciplinary consideration.
The file will document all facts of the case, the action taken, and
the reasons for the action, including cases where it was finally judged
that any disciplinary action was not warranted.
(b)
No prior approval or official action of Council
shall be necessary for any disciplinary action against a County employee.
(3) Types of disciplinary action. Disciplinary actions
shall be progressive in other than serious offenses which might warrant
immediate discharge. Normal disciplinary action will follow the pattern
of oral warning, written reprimand, suspension, then demotion or dismissal.
(4) Oral warning and reprimand. In situations where an
oral warning has not resulted in the expected improvement, a written
reprimand may be given the employee. A copy shall be placed in the
employee's service record in the Personnel Department.
(5) Suspension. An employee may be suspended as a result of conduct set forth in §
6-21B(1) of this chapter as causes for disciplinary action. A suspension without pay shall not exceed 30 days. A written statement shall be furnished to the employee which specifically states the reasons for suspension. A copy shall be made part of the employee's service record in the Personnel Department.
[Amended 9-6-2023 by Ord. No. 2023-7]
(6) Demotion. An employee may be demoted for cause and
his salary reduced in accordance with the rules governing the salary
treatment of demoted employees. A written statement of the reasons
for the action shall be furnished the employee and made part of the
employee's service record in the Personnel Department.
(7) Dismissal. An employee may be dismissed from employment
for disciplinary reasons. A written statement shall be given to the
employee stating the reasons and a copy shall be placed in the employee
service record in the Personnel Department.
(8) Appeal. The employee shall have the right of appeal for suspension, demotion, or dismissal, if there is no applicable collective bargaining agreement, to the Board of Personnel Grievance and Performance Review as provided for in Section 419 of the Home Rule Charter, and as further provided in §
6-19 of this chapter, subject to the limitations of §
6-19C(2) of this chapter.
C. All County non-bargaining employees are at will unless otherwise
provided in the Charter.
[Added 9-6-2023 by Ord. No. 2023-7]
[Amended 12-1-1992 by Ord. No. 92-5; 8-3-2010 by Ord. No.
2010-3]
The working hours of full-time service shall be the hours of County business applicable to County departments and offices or other units as set by County Council except as otherwise provided in §
6-73A of this chapter.
A. Dual compensation. No person whose compensation derives
from County funds through a full-time employment with the County may
receive from the County any additional compensation, salary, or emoluments
for work performed for the County during the same hours applicable
to his or her full-time position, or for those duties which are normally
within the scope of duties of his or her full-time position.
B. Work schedule. The department head and the Personnel
Department, with the approval of Council, shall have the right to
set up necessary work schedules, including shift and odd schedules,
to meet the needs of the work.
C. Overtime. Employees who are required by their supervisors
to work beyond their normal work schedules for any given day or week
shall be compensated by being given time off (compensatory time) or
overtime. In no instances shall duplicate payments be made for the
same hours of work.
D. Authorized leaves of absence without pay. The following
types of leave without pay may be granted upon the agreement of the
department head and the Personnel Director:
[Amended 9-6-2023 by Ord. No. 2023-7]
(2) Service as an elected or appointed official;
(3) Military leave (extended);
(4) Personal leave (where the leave will not disrupt the
effective and efficient operations of the department); and
(6) Leave in accordance with state or federal law such as FMLA.
E. Authorized leaves of absence with pay.
(1) Types of leaves. The following types of leave with
pay may be granted upon the agreement of the department head and the
Personnel Director, and in certain instances as provided below:
[Amended 9-6-2023 by Ord. No. 2023-7]
(a)
Funeral leave as outlined by the County employee
handbook.
(c)
Military leave (normal two-week leave for reserve
duty);
(d)
Sick leave as provided in the County's Short-Term/Long-Term
Policy which is then currently in effect;
(e)
As set forth in a benefit plan adopted by County Council or
as required by law.
(2) Compensatory time. Leave may be granted to an employee
by his supervisor to reduce accumulated compensatory time earned by
the employee. Compensatory time should, if possible, be used by the
final working day of December of each year.
(3) Except as provided for in a collective bargaining agreement, employees
shall accrue vacation as set forth in a policy approved by County
Council. Such policy may be changed by County Council in its sole
discretion. Employees shall have no vested interest in vacation time
except to the extent set forth in a policy approved by County Council.
[Added 9-6-2023 by Ord. No. 2023-7]
F. Separations.
(1) General. The tenure of every employee shall be conditioned
on good behavior and satisfactory performance of duties.
(2) Types of separation. An employee may be separated
from service with the County by:
(3) Resignation. To resign in good standing, an employee
shall give the County two weeks' notice of his leaving.
(4) Layoffs. Layoffs may be announced from time to time
by the County for budgetary reasons, reorganization of the work force,
lack of work or other related reasons. Layoffs of personnel covered
by the various collective bargaining agreements shall be handled in
accordance with provisions covering layoffs.
(5) Death. When an employee dies while in active service
all benefits, including back pay and vacation, shall be paid to his
or her designated beneficiary, estate, or surviving spouse in accord
with applicable law.
Prior approval of personnel actions involving expenditures of County funds shall be received from the Budget Management Department pursuant to §
6-35B of this chapter.