[R.O. 2005 §2-271; CC 1997 §2-271]
This Article shall be identified and referred to as the "Personnel
Code of the City of Ellisville" and shall apply to all employees of
all departments, agencies and offices responsible to the City Manager,
except those positions specifically exempted by other provisions of
the City Code.
[R.O. 2005 §2-272; CC 1997 §2-272]
A. The purpose
of this Personnel Code is to establish a comprehensive system of employment
that ensures that all personnel transactions affecting City employees
shall be made on the basis of merit and proficiency as demonstrated
by examination, training, education, performance-based evaluation
and other evidences of competence in compliance with the Charter of
the City.
B. All personnel
administration shall be based on merit principles and scientific methods
of employment. Removal of non-term, non-probationary employees shall
only be for cause.
[R.O. 2005 §2-273; CC 1997 §2-273]
A. Discrimination
against any person in recruitment, examination, appointment, training,
promotion, retention, discipline or any other aspect of personnel
administration because of political opinions or affiliations, religion,
race, color, national origin or other non-merit factor is prohibited.
Discrimination on the basis of age, sex or disability is prohibited
except where specific requirements constitute a bona fide occupational
qualification necessary to the performance of the essential functions
of a position.
B. The Personnel
Director shall develop and implement an equal employment opportunity
plan for the City as an integral part of the personnel system.
[R.O. 2005 §2-274; CC 1997 §2-274]
A. The personnel
system shall be administered by a Personnel Director who shall be
the City Manager or a designee of the City Manager.
B. A Personnel
Commission, appointed by the Council, is established to review the
discharge of employees from City positions. The Mayor shall designate
one (1) of the members as the Chairman annually.
[R.O. 2005 §2-275; CC 1997 §2-275]
A. Eligibility. The Personnel Commission shall consist of three
(3) residents of the City who are registered voters in the City; and
who have knowledge and experience in personnel and/or human resource
management, preferably in the public sector; and who are supportive
of performance-based employment principles. No person, while a member
of the Personnel Commission, shall hold or be a candidate for any
office of public trust or hold or be a candidate for an elected or
appointed office in the City or be a City employee.
B. Term Of Office. Members of the Personnel Commission shall
be appointed for staggered terms of three (3) years, except the initial
members of the Personnel Commission. Each member may serve no more
than two (2) consecutive terms or portions of two (2) consecutive
terms. Initial members of the Personnel Commission shall be appointed
by and take office on January 1, 1994. The initial members shall serve
terms of one (1) year, two (2) years and three (3) years respectively,
to be determined by lot at the first (1st) meeting of the Personnel
Commission after appointment. Persons appointed thereafter shall serve
the designated term of years unless appointed to complete an unexpired
term, in which case the member shall only serve for the remainder
of the unexpired term of the member for whom appointed.
C. Powers Of Personnel Commission. The Personnel Commission
shall have the power to and shall be required to:
1. Hear
appeals of certain employees discharged from employment by the City,
provided the employee files a written appeal with the Personnel Commission
within ten (10) business days of the effective date of the discharge;
and issue a written opinion within thirty (30) days after completion
of the hearing, stating the facts relied upon by the Personnel Commission
in making its decision in an appeal; and
2. Limit
the determination in appeals to whether cause existed for imposition
of the discharge of certain non-probationary and non-term employees;
and
3. Promulgate
rules and regulations governing the conduct of the hearings of appeals
of certain employees discharged from employment.
D. Oath. The members of the Personnel Commission shall be required
to take an oath prescribed for City Officers, including a statement
therein that they are fully supportive of a merit, equal employment
opportunity, fair and impartial system of employee management.
[R.O. 2005 §2-276; CC 1997 §2-276]
A. The Personnel
Director shall develop a uniform position classification plan for
the City governing the development of position classifications and
allocations of employees into the appropriate classification representing
the performance of duties expected of the employee. The classifications
are descriptive and not restrictive. They are to indicate generally
the kinds of activity performed by the established classification.
B. The classification
plan shall include an inventory of all positions in the City service.
The inventory of classifications and/or any amendments thereto shall
be submitted to the Council for approval annually in conjunction with
the adoption of the City budget.
C. The classification
plan shall be completely reviewed at least every three (3) years.
D. Assignment
of employees into a particular classification within the uniform classification
plan shall be subject to the City grievance procedure.
E. No City
employee shall be classified or paid at a wage rate which is not established
and recognized in the City's classification plan and the pay plan.
Temporary classifications may be established by the City Manager for
non-consecutive and non-cumulative periods of time up to six (6) months.
[R.O. 2005 §2-277; CC 1997 §2-277]
A. The Personnel
Director shall develop a uniform pay administration plan governing
employees of the City, except employees specifically exempted by the
City Charter.
B. The pay
plan shall assign a range of pay for each classification to be paid
to employees employed within the classification. The range of pay
shall have a minimum and a maximum amount. Employees shall not be
paid an amount greater than the assigned pay range for a classification
unless specifically authorized by the City Manager.
C. Pay advancements
for an employee within the respective ranges of pay shall be based
on a review of the employee's performance for the period immediately
prior to the intended adjustment and provided the Council authorizes
the expenditure of funds in the annual budget. No pay adjustment may
be given to any employee who has received unsatisfactory performance
evaluation for the period immediately prior to the intended date of
adjustment.
D. The pay
plan may also establish bonus pay provisions which allow for extraordinary
income payments to employees. Such provisions may include productivity
incentives, award programs, length of service recognition and other
special payment availability as determined by the City Manager, provided
adequate funding is provided in the annual budget by the Council.
E. The assignment
of pay ranges to classifications shall be reviewed at least every
three (3) years.
F. The assignment
of pay ranges and/or any amendments thereto shall be submitted to
the Council for approval annually in conjunction with the adoption
of the City budget.
[R.O. 2005 §2-278; CC 1997 §2-278]
The Personnel Director shall develop and promulgate a grievance
procedure to provide for a review of employment decisions made by
the City to be used by City employees. The final step of the procedure
shall be in the office of the City Manager. The procedure shall exempt
reviews of employee discharges from the procedure which reviews are
governed by the Personnel Commission. The grievance procedure shall
not be available to probationary employees for use.
[R.O. 2005 §2-279; CC 1997 §2-279]
A. The Personnel
Director shall develop and implement a performance evaluation system
governing all employees of the City.
B. The performance
evaluation system shall provide for periodic reviews of job performance
for every employee of the City, which shall be performed at least
annually. No pay adjustment shall be made unless a performance evaluation
showing satisfactory performance has been conducted in conjunction
with the intended adjustment.
C. Performance
reviews shall be conducted at least three (3) times during an employee's
probationary period, the last of which shall be conducted at least
one (1) week before completion of the probationary period.
D. Performance
reviews shall be conducted at least once during the qualifying period
after promotion, which shall be conducted no later than one (1) week
before the end of the qualifying period is completed.
E. The performance
evaluation system shall provide:
1. For
employee involvement in development of goals and performance expectations
for the employee within the respective classification to which the
employee is assigned; and
2. For
implementation of special review periods after an unsuccessful evaluation
is given to an employee; and
3. For
adjustment of performance expectations when an employee's job is substantially
changed during the period of the evaluation; and
4. For
involvement of the employee's supervisors and the City Manager.
[R.O. 2005 §2-280; CC 1997 §2-280]
A. The Personnel
Director shall develop a benefit plan and revisions thereto for employees
of the City which may include any of the following benefits: sick
leave, holiday leave, vacations, special leaves, medical and hospitalization
insurance, life insurance, bereavement leave, Internal Revenue Code
authorized cafeteria benefit plans, deferred compensation plans, educational
and training programs and other programs commonly provided to municipal
employees.
B. The benefit
plan and its revisions shall be provided to the City Council by the
City Manager at least annually for review and revision and approval
in conjunction with the annual budget.
[R.O. 2005 §2-281; CC 1997 §2-281]
A. The City
Manager shall have the authority to regulate all of the terms and
conditions of employment of employees of the City.
B. The City
Manager shall have authority to represent the City in the meet and
confer activities and/or in negotiations with employee organizations.
[R.O. 2005 §2-282; CC 1997 §2-282]
A. The City
Manager shall make all appointments to City employment except those
reserved by the Charter.
B. All persons
who are appointed to City employment shall serve an initial probationary
period of at least twelve (12) months. During the probationary period
the employee shall have no right to use the grievance procedure and
shall not have discharges subject to review by the Personnel Commission.
C. Department
heads shall be appointed by the City Manager and shall serve terms
of office of one (1) year in duration. At the end of each term of
one (1) year department heads may be reappointed by the City Manager.
If not reappointed for additional terms, department heads shall not
have any right to review by the Personnel Commission. Department heads
may be removed from a position for cause during the term of appointment,
which removal shall be subject to appeal to the Personnel Commission.
D. Positions
in City employment may be filled by the City Manager by promotion
of qualified current City employees. Employees promoted shall be required
to serve a qualifying period of at least three (3) months after promotion
to demonstrate relative competency in the position. Failure to successfully
complete the qualifying period shall result in return of the employee
to the position from which promoted providing the former position
is vacant. Failure to complete the qualifying period is not subject
to the grievance procedure.
E. No person
shall willfully or corruptly make any false statement, certificate,
rating or report in regard to any test, certification or appointment
held or made under personnel rules, policies and procedures of the
City or in any manner commit or attempt to commit any fraud preventing
the impartial administration of the rules, policies and regulations
made hereunder.
[R.O. 2005 §2-283; CC 1997 §2-283]
An employee handbook shall be developed by the Personnel Director
for distribution to employees.
[R.O. 2005 §2-284; CC 1997 §2-284]
A. The City
Manager shall cause rules and regulations and revisions thereto to
be developed and implemented to carry out the provisions of this Personnel
Code. Such rules and regulations and revisions shall be provided to
the Council for approval.
B. The Personnel
Director shall develop such policies, procedures and forms as are
necessary to carry out the provisions of this Personnel Code and its
implementing rules and regulations.
[R.O. 2005 §2-285; CC 1997 §2-285]
A. The Council
hereby authorizes and approves the entering into a plan of deferred
compensation with its employees. In order to accumulate the appropriate
funds to pay participating employees' benefits in accordance with
the deferred compensation plan, the Council does hereby authorize
and approve the purchase by the Council of retirement annuity contracts
in such amounts as may be necessary.
B. It is
the intention of the Council that the premiums paid by the Council
for such annuity contracts will not currently be considered as income
paid to the employees concerned. Thus, the City will own and have
all rights under the annuity contracts and such contracts will not
be held in any way as collateral security for the fulfilling of the
obligations of the City but shall be held as a general, unpledged
and unrestricted asset.
C. The Council
hereby authorizes the City to act on its behalf in respect to these
annuity contracts and to formulate rules and procedures for the purchase
and administration of them.