[HISTORY: Adopted by the City Council of the City of DuBois 12-27-1982 by Ord. No.
1342 (Ch. 1, Part 1B, of the 1995 Code). Amendments
noted where applicable.]
This chapter, any rules adopted hereunder and any directive
issued in accordance with policies herein, shall be known and cited
as the "Personnel Code of the City of DuBois."
The general purpose of this chapter is to establish a merit
system of personnel administration that meets the social, economic
and program needs of the City of DuBois. This system is expected to
provide the means to maintain an effective and responsive work force
and thereby efficiently provide services to the people of the City
of DuBois.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
The Council-Manager Plan, the Optional Plan of Government for
the City of DuBois, which was approved and adopted by the voters of
the City of DuBois in May 1978, became effective January 1, 1980.
The Council of the City of DuBois has the authority to adopt administrative
and personnel codes or organization and procedures as provided by
this optional plan in the Home Rule Charter and Optional Plans Law,
53 Pa.C.S.A. § 2901 et seq., as amended. This Council hereby
enacts this chapter in furtherance and in conformance with this plan.
A.
All offices and positions of the City are hereby allocated to the
career class and the exempt class.
B.
The career class shall be composed of all positions now existing
or hereafter established, except the following, who shall be in the
exempt class:
(1)
All elected officials and members of boards, commissions, and authorities.
(2)
The manager, confidential secretary, solicitor, treasurer, controller and department heads as established in Chapter 5, Administration of Government, of the Code of the City of DuBois.
(3)
Consultants rendering temporary professional services.
(4)
Part-time employees, part-time firefighters.
(5)
Volunteer personnel and persons appointed to serve without compensation.
(6)
Persons employed to conduct temporary and special inquiry, investigation
or examination for the Council.
(7)
Seasonal student, trainee and emergency positions.
C.
The career class shall include all other positions in the services
unless specifically placed in the exempt class by ordinance of the
City.
D.
Unless specifically stated otherwise herein, this chapter and the
rules and regulations adopted hereunder shall apply to employees only
in the career class who hold positions in a career class and shall
apply to the exempt service only when specifically stated otherwise.
E.
Any provision of agreements with employee organizations shall control
for employees covered by such agreements. Provisions of employee contracts
approved by Council shall be deemed to have been included in the Personnel
Code in this chapter as though set forth herein.
F.
The following sections shall apply to department heads:
The following principles and policies are established for all
employees of the career service:
A.
All employment and promotions of persons in the career service shall
be made solely on the basis of merit and fitness of applicants to
be ascertained when possible by competitive and qualifying examinations
and, when not by examination, of qualifications and performance records.
B.
Just and equitable conditions of employment shall be established
and maintained to promote efficiency and economy in the way services
are rendered; employees will be trained to improve productivity.
C.
Positions having similar duties and responsibilities shall be classified
and compensated on a uniform basis.
D.
Appointments, promotions and personnel actions shall be based upon
the merit principle or upon competitive and systematic and evaluation.
E.
Continued employment of any employee shall be subject to good behavior,
satisfactory work performance, necessity for the performance of work,
except for state or federal make-work programs, and the availability
of funds.
F.
Employment decisions shall be free of personal and political considerations
and shall not discriminate on the basis of sex, race, religion, age,
or other non-job-related characteristics, such as physical disabilities.
The Council retains and reserves its power to create and abolish
positions, to determine the number of positions, to set the salary
range for each class of positions and to establish the total budget
for personnel for each department.
A.
The Manager shall have the basic responsibility for the personnel
program set forth herein. He shall execute, administer and enforce
the provisions relating to personnel contained in the Third Class
City Code, this chapter, and all rules and directives issued pursuant
to this chapter.
B.
In addition to the duties and powers given elsewhere, the Manager
shall have the power and it shall be his duty to administer and to:
(1)
Stimulate high morale by fair administration of this chapter consistent
with the best interests of the City and the public.
(2)
Recruit and examine applicants for employment.
(3)
Certify that all applicants are qualified and are eligible for appointment.
(4)
Develop and maintain a compensation plan.
(5)
Make comparative studies of all factors affecting the level of compensation
and recommend such changes in the compensation plans as appear warranted.
(6)
Develop and maintain a position classification plan.
(7)
Develop and implement an employee performance evaluation system.
(8)
Establish a system for reduction in force, layoffs, demotions, transfers,
and promotions.
(9)
Establish a system for discipline, grievance hearings and appeals
for all employees not covered by an employee contract.
(10)
Establish a system for receipt, acknowledgement, and recording of
suggestions of employees for improving City government.
(11)
Establish procedures for maintaining attendance and leave records
and actions.
(12)
Cooperate with other municipal officials and jointly develop with
them training programs.
(13)
Promote employee activity programs.
(14)
Maintain all employee personnel and payroll records.
(15)
Prepare and recommend revisions and amendments to the Personnel Code.
(16)
Develop and foster programs for the improvement of the employee's
safety, health and welfare.
(17)
Certify payrolls.
(18)
Conduct contract negotiations.
(19)
Review, evaluate and report compliance or noncompliance with the
Personnel Code and labor contracts.
(20)
Develop and administer fringe benefits, insurance and retirement
programs.
(21)
Develop and maintain an affirmative action plan, which will assure
equal opportunity in recruitment and selection, job structure, promotion
policies, training to improve job performance and upward mobility
and other related procedures and practices.
A.
Purpose. The Council hereby establishes a Personnel Board for the
purpose of monitoring, evaluating and determining if the requirements
relating to personnel contained in the Optional Plan of Government
of the City of DuBois and this Personnel Code are effectively carried
out.
B.
Composition, selection and terms.
(1)
The Board shall consist of five citizens, who shall be registered
voters and who shall not be employees nor officials of the City of
DuBois. The members shall be nominated, as follows, by the City Manager.
The nominees of the Manager are confirmed with the advice and consent
of the City Council. One member shall be nominated by the Manager
from the list of registered voters of the City of DuBois. Two members
of the Personnel Board shall be nominated, one from a list of five
persons' names submitted by an organization representing public works
employees, two members of the Personnel Board shall be nominated from
a list of persons' names submitted by the department heads, who each
shall submit two names.
(2)
The Personnel Board members shall serve for a term of four years.
For the first appointments the Manager shall appoint two persons to
serve for four years, one person to serve for one year, one person
to serve for two years and one person to serve for three years.
(3)
Members of the Board shall not, while serving, be nor become candidates
for election to public office, nor shall they be a member of any local,
state, or national committee of a political party, nor an officer
in any organization which actively sponsors and works for the election
of candidates to public office.
(4)
No salary or compensation shall be paid to any members of the Board.
(5)
Each of said members, before entering upon the duties of the office,
shall take and subscribe to an oath of office prescribed for City
officials and shall file the same, duly certified by the officer administering
it, with the City Clerk.
C.
Organization and procedures; rules of order.
(1)
The Board shall follow the procedures for committees, boards and
commissions as established by Council and may adopt lawful procedures
not otherwise provided by Council when adopted as rules and regulations
as provided herein. Robert's Rules of Parliamentary Procedure shall
guide the Board until rules of order are established.
(2)
The City Clerk shall act as Secretary for the Board and keep a record
of its activities.
D.
Duties.
(1)
The Board shall have as an objective the improvement of personnel
administration in the City.
(2)
It shall make, on behalf of employees, any inquiry which it may consider
desirable concerning personnel administration in the City and make
recommendations to the City Manager and City Council.
(3)
The Board may conduct hearings for employees concerning personnel
matters. Any employee may ask the Board to consider any personnel
matter and make a report thereon to the Manager, the City Council,
and the employee. Such reports shall be public records unless the
matters relate to employee relations which must remain confidential
for protection of the employee and the employee's rights.
(4)
All meetings of the Board shall be public meetings unless the meeting
relates to matters of employee relations which must remain confidential
to protect the employee or the employee's rights.
(5)
At least annually, the Board shall report to the City Council on
its activities, investigations, findings, and recommendations. The
report shall contain an evaluation of the effectiveness of the Manager
in personnel planning and administration. The report shall include
a complete and detailed analysis of the extent to which each order
relating to personnel contained in this chapter has been acted upon.
(6)
The expenses of the Board shall be paid for by the City of DuBois
to the extent appropriations have been made therefor in the annual
budget.
All officers and employees of the City shall comply with and
aid in proper and lawful ways in carrying out the provisions of this
chapter.
A.
In accordance with the Optional Plan of Government of the City of
DuBois, the Council-Manager Plan shall be as provided in the Home
Rule Charter and Optional Plans Law, 53 Pa.C.S.A. § 2901
et seq., as amended.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
B.
Under 53 Pa.C.S.A. § 2971, the General Assembly provided
that all acts and parts of acts, local and special, or general, affecting
the organization, government and powers of the City of DuBois and
which are not inconsistent or in conflict with this plan shall remain
in force until modified or repealed as provided by law. Further, 53
Pa.C.S.A. §§ 2961 to 2967, provided that all acts and
parts of acts are repealed so far as they are inconsistent herewith.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
C.
This plan provides for a Personnel Code based upon the merit principles
or civil service to be recommended by the Manager and adopted by the
City Council. Such being the case, this chapter then repeals provisions
of the Third Class City Code which are inconsistent or in conflict
with the personnel provisions enacted in this Optional Plan and enacted
pursuant to this plan.
D.
The below enumerated sections of the Third Class City Code are deemed
to be "not consistent or in conflict with this plan":
E.
The following sections of the Third Class City Code are deemed consistent
and not in conflict with this plan. These provisions shall be considered
a part of the City of DuBois Personnel Code.
F.
It is not clear whether part of § 4407 and § 4405
of the Third Class City Code, 11 Pa.C.S.A. § 1440 and 11
Pa.C.S.A. § 14405.1, relating to veterans' preference, is
or is not consistent or in conflict with the plan and therefore may
be considered part of this chapter.
A copy of the City of DuBois Personnel Rules, when adopted by
resolution, are part of this Personnel Code.
A.
The issuance of additional rules or amendments to these rules shall
conform to the procedures and policy guidelines established in this
section.
B.
For the purpose of adequately advising all interested parties of
proposed changes or additions to the personnel policies prior to the
time when they are to take effect, the Manager shall cause to be published
and posted an informative notice of his intention to issue such rules
in such reasonable detail as will give adequate notice of its contents
and a reference to the place or places where copies of the proposed
rules may be examined or obtained. The administrative rules issued
by the Manager shall be effective and shall have the force and effect
of law no sooner than five days after the next regularly scheduled
Council meeting during which such proposed rules are reported or Council
approves them by resolution and not until they have been filed and
published as required by 53 Pa.C.S.A. §§ 3141 to 3146,
for this Council-Manager Plan.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
C.
Third Class City Code:
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"§ 4404. Rules, regulations and examinations. (Part)
Such rules and regulations shall provide for ascertaining and determining,
so far as possible, the physical qualifications, habits, reputation,
standing, experience and education of all applicants for such positions,
respectively; and they shall provide for examinations upon any and
all subjects deemed proper or necessary for the purpose of determining
their qualifications for the position sought and applied." 11 Pa.C.S.A.
§ 14404.
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A.
There shall be a classification of all positions according to duties
and responsibilities in the City. Each position shall be assigned
to a job class on the basis of kind and level of its duties and responsibilities,
to the end that all positions in the same class shall be sufficiently
alike to permit use of a singular descriptive title, the same qualification
requirements, the same test for competence and the same pay scale.
B.
The classification plan may be revised from time to time upon the
recommendation of the Manager and with the approval of Council, and
said revision may include, but not be limited to, the addition, abolishment,
consolidation, division and/or amendment of the existing classes.
C.
No person shall be appointed to or employed in any position in the
career class under any title which has not been approved in the classification
plan adopted. Council shall adopt, by resolution, a classification
plan as part of the personnel rules and regulations.
D.
The classification of all positions shall be based upon uniformly
applied job evaluation methods that permit the descriptions and values
obtained to be reproduced or verified by subsequent evaluation and
analyses.
E.
Each class specification shall contain a description of minimum knowledge,
skills, abilities, performances, and special job requirements.
A.
It is the policy of the Council to compensate employees fairly, based
upon classifications, so that employees performing substantially similar
work receive substantially similar remuneration. Further, it is the
policy of Council to establish compensation to employees so that it
is comparable with the prevailing compensation for the same kind of
work in the same labor market, except when otherwise established by
collective negotiations. The Manager shall recommend for Council's
consideration only compensation for classes of positions based upon
analyses of rates of pay, benefits and other remunerations to employees
of other public and private employers in the area. Such recommendations
shall be supported by an analysis of the compensation in the related
labor market area and other relevant economic considerations. Such
analysis shall be documented, reproducible and verifiable by subsequent
evaluations.
B.
The Council will adopt the pay plan in the form of a resolution,
and such pay plan shall be a part of these rules.
A.
Recruiting efforts shall be planned and carried out in a manner that
assures open competition. Special emphasis will be placed on recruiting
efforts to attract minorities, women or other groups that are under-represented
in the career service.
B.
Every reasonable effort shall be made to publicize vacant positions
so that all interested persons are informed and qualified persons
are attracted to compete.
A.
Applications and personnel examination materials shall be designed,
utilized, and filed in a way so that the use of data on race, sex,
national origin will be avoided in the examination and certification
of candidates. For purposes of affirmative action, applicants will
be requested to provide such data on separate forms. The forms and
design of the application and affirmative action records shall be
as specified by the Manager.
B.
Every reasonable effort shall be made to publicize vacant positions
so that all interested persons are informed and qualified persons
are attracted to compete.
[Amended 11-14-1983 by Ord. No. 1364]
A.
No applicant who fails to meet the minimum qualifications, requirements
or passing scores upon any examination or examination part, as stated
in the announcement therefor, shall be eligible for appointment to
a position in the career service. Applicants who succeed in passing
all examinations and meeting the minimum requirements will rank in
order of their relative scores, and applicants for promotion shall
be given equal consideration for seniority and performance in determining
their relative order or ranking as eligible for certification.
B.
All positions in the career service shall be filled by competitive
examinations which result in ordering the candidates who pass such
qualifying examinations in order of their examination scores.
C.
Examinations shall be used to establish a list of qualified candidates
eligible for employment and promotion. The test in such examinations
may be written or oral, or a demonstration of skill or of physical
fitness, or an evaluation of experience and education, or a combination
of these or other methods which shall fairly appraise and determine
the merit, qualifications, fitness and ability of competitors. Such
test shall be practical in character and shall relate to the duties
and responsibilities of the position for which the applicant is being
examined and shall fairly test the relative capacity and fitness of
persons examined to perform the duties of the class of positions to
which they seek to be appointed or promoted.
D.
Third Class City Code, Chapter 144, Civil Service.
(1)
"§ 4401 Examinations required of all appointees. No person
or persons may be appointed to any position whatever in the police
department, or in the engineering department or electrical department,
except as otherwise provided by law or in the position of building
inspector or as health officers other than registered physicians,
or as sanitary policemen or inspectors of the health department, without
having first passed all the examinations in the manner and according
to the terms and provisions and conditions of this chapter." 11 Pa.C.S.A. §
14401.
(4)
§ 4407, 11 Pa.C.S.A. § 14407. Tenure.
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"Appointments. All appointments made pursuant to the provisions
of this [Part] shall be for and during good behavior, and no employee
hired pursuant to the provisions of this chapter shall be removed
or transferred for any political reasons.
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"In case of riot or emergency, temporary appointments to positions
in the civil service may be made without complying with the provisions
of this chapter."
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Upon notice of a vacancy and a request to fill a vacancy in
any position in the career service, the Manager shall transmit to
the appointing authority a certified list of candidates from the most
qualified eligibles for appointment. The list transmitted shall contain
less than 1/2 of the qualified eligibles. He shall certify first the
list of qualified eligible employees. After the list of qualified
eligible employees is exhausted, then and only then shall he certify
a list which does not contain the names of City employees.
The Manager shall appoint or promote, demote or dismiss all
department heads. The Manager
shall appoint or promote, demote or dismiss all career service employees
not specifically assigned to any Department in accordance with § 1222
of Act 62 of 1972, 53 P.S. § 1-1222.[1]
A.
The department heads have the power and responsibility to appoint or promote, demote, or dismiss all career service employees assigned to their department by Chapter 5, Administration of Government, and this chapter or the budget. They shall hire and discharge in accordance with the process described in this chapter. They shall appoint only persons named on the list of applicants certified in accordance with this chapter.
B.
Hereafter, each and every appointment to and promotion in the career
service of the City of DuBois shall be made only according to qualifications
and fitness to be ascertained by examinations which shall be competitive,
as provided herein.
C.
No person shall hereafter be suspended, removed, or reduced in rank
as a paid employee except in accordance with the provisions of this
chapter.
[1]
Editor's Note: See now the Home Rule Charter and Optional
Plans Law, 53 Pa.C.S.A. § 2901 et seq.
A.
Candidates shall be appointed and added to the payroll only upon
the signature of the appointing authority on a letter of appointment.
B.
Appointments to the competitive service, career service shall be
from the list of candidates certified as qualified and eligible.
C.
The Manager shall make and keep, in numerical order, a list containing
the names of all applicants for positions in the City who may pass
the required mental and physical examinations. Where more than one
person takes examinations for any of said positions at the same time,
the names of all those successfully passing such examination shall
be entered upon the list of eligible names in the order of their respective
percentages, the highest coming first. The Manager shall furnish to
Council a certified copy of all lists so prepared and kept. Wherever
any vacancy shall occur in any career service position in said City,
the appointing authority shall make written application to the Manager,
who shall forthwith certify to the appointing authority, in writing,
the three names on the list of applicants for such position having
the highest percentage, but if there be less than three eligible names
on such list, the Manager shall certify such name or names. Thereupon
the director of the department in which such appointment is to be
made shall appoint a person from the list submitted to fill such vacancy.
D.
If the name of any applicant has been submitted to the appointing
authority and been rejected three times, then such name shall be stricken
from the eligible list.
A.
The probationary period for employees from entrance appointment eligible
lists or from promotional eligible lists shall be 12 months, provided
that the personnel rules and regulations and labor agreements may
specify a longer or shorter period of probation for certain designated
classes. No probationary period may extend beyond 12 months excluding
training.
B.
The work and conduct of probationary employees shall be subject to
close scrutiny and evaluation, and if found to be below standards
satisfactory to the appointing authority, the appointing authority
may remove or demote a probationer at any time during the probationary
period if the working test indicates that such employee is unable
or unwilling to perform the duties satisfactorily or that his habits
or lack of dependability do not merit continued employment. A probationary
employee may not appeal this decision.
A.
No employee who has received an unsatisfactory evaluation report
during a probationary period shall be given tenured career service
status, employees who receive a satisfactory evaluation report signed
by the appointing authority shall be given tenured career service
status. Employees of the tenured career service status shall be removed
or discharged from employment with the City for causes specified herein
and in accordance with this chapter. The tenure of every career service
employee shall be conditioned on good behavior and satisfactory performance
of duties.
B.
If at the close of a probationary period, the conduct or fitness
of the probationer has not been satisfactory to the appointing officer,
the probationer shall be notified in writing that he will not receive
a permanent appointment. A copy of such notification shall be supplied
to the Municipal Clerk. Thereupon, the probationer's appointment shall
cease; otherwise, his retention shall be equivalent to a permanent
appointment.
[Added 11-14-1983 by Ord. No. 1364]
A.
Every employee shall carry out his duties, comply with this chapter
and comply with departmental work rules. Every employee shall carry
out his duties in a lawful manner. He shall not violate local ordinances,
state, or federal laws. Any employee who is asked to carry out an
unlawful action shall refuse and report the same to the Manager and
President of Council.
B.
The Manager and department heads may issue additional rules of conduct
as described herein.
C.
These rules of conduct, if violated, are the reasons and are sufficient
cause for disciplinary actions.
[Added 11-14-1983 by Ord. No. 1364]
A.
The Manager shall prepare a system for evaluating the work performance
of all employees. The purpose of the employee performance evaluation
shall be primarily to inform employees on how well they are doing
their job and how they can improve their job and how they can improve
their work performance. The performance evaluation may also be used
as a factor in determining salary increases, order of layoffs, as
a basis for training, demotion, discipline, or dismissal and for such
other purposes as may be set forth herein or in the rules and regulations.
B.
The performance of all employees shall be evaluated at least once
each year by his immediate supervisor who shall make the appraisal
in writing and shall discuss it with the employee.
[Added 11-14-1983 by Ord. No. 1364]
It will be the responsibility of the department head, under
the direction of the Manager, to foster and promote training of employees
for purposes of improving the quality of personnel services rendered
to the public. The Manager and department heads shall establish standards
for the training programs.
A.
It is the policy of the City that all employees shall be afforded
a system that allows them to present, discuss and process ideas, suggestions,
concerns, complaints, grievances, appeals and policy proposals, whether
or not it relates to a contract or a noncontract matter, in a quick,
simple and direct manner without fear of reprisal.
B.
To facilitate communications among employees and management, the
Manager shall establish written procedure in the rules and regulations.
All employees shall be informed about the employee relations policies
and procedures, and about their rights under contracts and state laws.
It is the policy of the Council that all employees shall be
given the right of appeal. For the protection of employees in cases
where a supervisor disciplines an employee, the supervisor shall advise
the employee of his rights to appeal. The employee's acknowledgment
will be appended to any material filed in the employee's personnel
file. Similarly, in cases of suspension, demotion and dismissal, the
Manager shall advise the employee of his right to appeal and obtain
acknowledgment thereof.
The employees shall have the right to organize, join and participate
or to refuse to organize, join and participate in any employee organization
freely and without fear of penalty or reprisal for the purpose of
collective negotiations through representatives of their own choosing
in terms and conditions of employment subject to the provisions of
state law. Provisions of employee contracts or agreements duly approved
by Council shall be deemed to have been included in the personnel
rules. Only employees covered by an agreement may utilize the grievance
procedures in such agreements.
A.
Any employee may be reprimanded, suspended, demoted or dismissed
when the employee violates the provisions specified in this chapter,
the rules and regulations, and departmental rules of operation. Generally,
unless provided otherwise in the rules and regulations, a Supervisor
may reprimand an employee who violates the rules of conduct. Department
heads may suspend employees who violate or commit a serious violation
of the rules of conduct, and the appointing authority may demote or
dismiss an employee who violates the rules of conduct.
B.
The Manager shall describe the disciplinary process in the rules
and regulations and advise the employees about it.
[Amended 7-24-1995 by Ord. No. 1544]
A.
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.
An employee may be separated from the service by resignation, quitting,
layoff, dismissal, retirement, and death.
(1)
To resign in good standing an employee must give his department head
or supervisor at least 14 calendar days prior notice. Failure to comply
with this rule shall be entered on the service record of the employee,
shall result in denial of reemployment rights and a loss of accumulated
annual leave.
(2)
An employee who fails to report to work for three consecutive work
days without authorized leave shall be separated from the payroll
and reported as "quitting."
(3)
Layoffs shall be announced by the Manager with approval of Council
when he deems it necessary by reason of shortage of funds or work,
the abolition of the position or other material changes in the duties
or organization, or for related reasons which are outside the employee's
control and which do not reflect discredit upon the service of the
employee. The duties performed by any employee laid off may be reassigned
to other employees already working who hold positions in appropriate
classes. No career employee shall be laid off while another person
in a non-career position is employed in the same class. The layoff
of employees shall be made in an inverse order, determined on the
basis of service ratings and length of service in the class and in
the department or other organization unit involved. Employees separated
from the service through no fault of their own may be placed on a
reemployment list in the order of ratings to be determined by their
efficiency as demonstrated while employed and the length of service
with the City. The eligibility of all candidates on a reemployment
list will expire one year from the date on which they become entitled
to reemployment rights.
(4)
An employee may be separated for disability when he cannot perform
the required duties because of a physical or mental impairment. Action
may be initiated by the employee or his legal representative, or the
City, but in all cases it must be supported by medical evidence accepted
by the Manager. The City may require an examination at its expense
and performed by a physician of its choice. An employee who has exhausted
all his accumulated leave may be separated by means of layoff, or
given a leave of absence without pay.
(5)
Dismissals are discharges or separations made for misconduct and/or
incompetence or inability to perform the work of the position satisfactorily.
All dismissals are made by the appointing authority. No dismissal
of a career employee shall take effect until the appointing authority
gives to such employee a written statement setting forth the reasons
therefor and has followed the procedures as set forth in this chapter
or the rules and regulations.
(6)
An employee shall be separated from the service by retirement. Except
as otherwise provided in a retirement ordinance or prescribed by state
or federal law, no employee shall continue in service beyond his 75th
birthday. All employees presently employed by the City who are at
age 75 or over shall be retired upon their next birthday.
(7)
When a career employee dies while in the service of the City there
shall be paid to the personal representative of the estate of the
deceased or to such person as the Manager shall deem equitably entitled
all the employee's accumulated annual leave and insurance benefits.
(8)
An employee who has lost any minimum special job requirements may
be laid-off from the career service.
(9)
At the time of separation and prior to final payment, all records,
assets, and other items of City property in the employee's custody
shall be transferred to the department head and certification to this
effect shall be executed by the employee. Any amount due because of
a shortage in the above shall be withheld from the employee's final
compensation or collected through other appropriate action.
(10)
Permanent employees who separate shall receive payment for all
earned salary and earned annual leave, subject to deductions for any
indebtedness pursuant to these personnel rules.
C.
Any involuntary separation not involving delinquency, misconduct
or inefficiency, shall be considered a layoff.
(1)
When it become necessary to reduce the working force in a department
or division thereof because of lack of funds or other cause, employees
shall be laid off on the basis of the following two factors to be
weighed equally: length of service in a class and length of service
with the City.
(2)
When a permanent employee is scheduled to be laid off, he shall be
offered a demotion to a lower class for which he is qualified if he
has bumping preference over an employee in the lower class.
(3)
Prior to a reduction in force, the Council shall be informed so that
it may make budget changes if it so desires to reduce the negative
impacts.
(4)
Permanent employees shall be notified in writing by the department
supervisor of their layoff at least 14 calendar days prior to the
effective date of the layoff.
D.
When an employee is unable to continue his work because of a physical
or mental disability, and he is not eligible for retirement and has
exhausted his accumulated leave, he shall be separated by means of
a layoff or given a leave of absence without pay. Disability shall
be determined by a physician authorized by the Administrative Director.
E.
Any employee who is unable to do his job adequately because of loss
of a necessary license or other requirements shall be separated by
a layoff.
F.
Any employee who is unable to perform some job duties and is receiving
compensation benefits may be assigned alternate duties.
A.
The personnel records of the City, except such records as the rules
may properly require to be held confidential for reasons of public
policy, shall be public records and shall be open to public inspection,
subject to reasonable regulations as to the time and manner of inspection
which may be prescribed by the Director.
B.
The Manager shall establish and maintain the official records of
all employees in the career service. He shall set forth therein for
each employee his class title, pay or status, performance evaluation
and history of personnel action.
C.
All personnel actions must be made on forms as designated by the
Manager.
The following prohibitions shall be applicable to all persons:
A.
No person shall willfully make any false statement, certificate,
mark, rating or report in regard to any test, certification, evaluation
or appointment made under any provision of this chapter or in any
manner commit or attempt to commit any fraud preventing the impartial
execution of this chapter.
B.
No person shall directly or indirectly give, render, pay, offer,
solicit or accept any money, service or other valuable thing for or
in connection with any test for, appointment to, proposed appointment
to, promotion to, or proposed promotion to any City position.
C.
No person shall deter, deceive or obstruct any person in his right
to examination, eligibility, certification or appointment under this
law, or furnish to any person any special or secret information for
the purpose of affecting the rights or prospects of any person with
respect to employment in the classified services.
D.
No person shall use or promise to use, directly or indirectly, any
official authority as influence, whether possessed or anticipated,
to secure or attempt to secure for any employee in the classified
service an increase in pay or other advantage in employment, for the
purpose of influencing the vote or political action of the employee.
E.
No person shall solicit any assessment, subscription, contribution
or service, or the promise of any assessment, subscription, contribution
or service for any political party, from any employee in the classified
service during the employee's working hours.
The following prohibitions shall apply to employees in the career
service:
A.
No employee in the career service shall take part in the management
or affairs of any political party or in any political campaign, or
perform any service for any political party, except to exercise his
right as a citizen, privately, to express his opinion and to cast
his vote.
B.
No employee in the career service shall at any time use or attempt
to use his position with the City as a means of implementing or promoting
the solicitation of any assessment, subscription, contribution or
service for any political party.
The following principles shall guide the conduct of all City
elective and appointed officials:
A.
Public office shall not be used for personal financial gain.
B.
No person shall offer and no official shall accept anything of value
on the understanding that the official's action would be influenced
thereby.
C.
Excluding campaign contributions and gifts from relatives, no person
shall offer or no official shall accept from any person gifts that
exceed $50 in value in a year.
D.
No official shall have an economic interest in any contract of $500
or more in a year with the City unless it has been awarded through
an open public competitive bid process.
E.
No official shall represent a person for compensation before a governmental
body unless the matter is of a ministerial nature, or is a matter
of public record before a court of law.
F.
No official shall represent a person before the Council for one year
after he leaves office.
A.
In any case where a City officer or elected or appointed official
knows, or by the exercise of reasonable diligence could know, that
he or she is interested to any appreciable degree, either directly
or indirectly, in any contract for the sale or furnishing of any property
for the use of the City, or for any services to be rendered for the
City involving the expenditure by the City of more than $300 in any
year, he or she shall notify Council thereof, and any such contract
shall not be passed and approved by Council except by an affirmative
vote of at least 3/4 of the members thereof. In case the interested
officer is a member of Council, he or she shall refrain from voting
upon such contract. The provisions of this section shall not apply
to cases where such officer or official is an employee of the person,
firm or corporation to which money is to be paid in a capacity with
no possible influence on the transaction and in which he or she cannot
possibly be benefited thereby, either financially or in any other
material manner.
B.
Acceptance of favors, gifts and gratuities prohibited. No officer
or employee shall accept or receive, directly or indirectly, from
any person operating within the territorial limits of the City any
inter-urban railway, bus line, street railway, gas works, waterworks,
electric light or power plant, heating plant, telegraph line, telephone
exchange or other business using or operating under a public franchise,
any frank, fee pass, free ticket, or free service, or accept or receive,
direct or indirectly, from any person, any other service upon terms
more favorable than is granted to the public generally, except that
such prohibition of free transportation shall not apply to policemen
or firemen in uniform. Nor shall any free service to the City officials
heretofore provided by any franchise or ordinance be affected by this
section.
The following shall be applicable to City elected officials,
appointing authorities, and the Manager. Unless the Council shall
by unanimous vote determine that the best interest of the City is
served, the following relatives of any City elected officials, department
heads, or the Manager are disqualified from appointment to paid career
service positions of employment during the term for which the elective
or appointive officer is elected or appointed: spouse, child, parent,
grandchild, grandparent, or the spouse of any of them. All relations
shall include those arising from adoption.
It shall be the policy of the Council to guarantee equal opportunity
to all qualified applicants and to all employees with respect to initial
appointment, advancement, and general working conditions, without
regard to age, race, creed, color, sex, national origin or political
affiliation. The Manager shall not issue any rule that will discriminate
against any person. The Manager shall include in such rules, procedures,
methods and programs for the identification, positive recruitment,
training, and motivation of under-utilized minorities and women.
Subject to the approval of the Council, the Manager is authorized
to enter into agreements with federal, state, and local governments
to obtain or to furnish services or facilities for the administration
of personnel services. Any such agreement shall provide for the reimbursement
to the City of the reasonable cost of the services facilities furnished.
[Amended 7-24-1995 by Ord. No. 1544]
A.
Any person who, by himself or with others, willfully or corruptly
violates any provision of this chapter shall be guilty of an offense
and, upon conviction thereof, shall be sentenced to a fine of not
less than $50 and not to exceed $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 90 days.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
B.
Any person convicted under this chapter shall be ineligible for a
period of one year to hold any office or position of the City. If
he is currently an officer or employee of the municipality, he shall
immediately forfeit his office or position. The appointing authority
shall execute this provision of forfeiture by dismissing him forthwith,
upon receiving notice of such conviction.
