[CC 1979 §25.010]
Each employee receiving an appointment or a promotion to a position
in the service of the City must serve a probationary period of six
(6) months before his/her appointment or promotion shall be considered
permanent. During the employee's six (6) month probationary period,
the employee's work habits, abilities, attitude, promptness and other
pertinent characteristics will be observed and evaluated by his/her
supervisor, department head or other appropriate City Officials. If
the probationary employee fails to meet required standards of performance,
he/she is to be dismissed, or if he/she is a promoted regular employee,
he/she may be restored to the position from which he/she was promoted
or to a comparable position. During the probationary period, the employee
is not eligible for employee fringe benefits, such as sick leave and
vacation, but will earn credit for those to be taken at a later date.
Wages for designated holidays falling within the probationary period
will be paid to probationary employees.
[CC 1979 §25.020]
If at any time during the probationary period, the supervisor
determines that the services of a City employee have been unsatisfactory,
the employee may be separated from his/her position without the right
of appeal or a hearing. The Board shall notify the employee in writing
at least seven (7) calendar days before the effective date of separation
of the reasons for the separation.
[CC 1979 §25.030]
A.
At
the end of each employee's six (6) month probationary period or extension
granted thereto, the supervisor of the employee shall complete a probationary
report and notify the Mayor in writing that either:
1.
The employee has successfully completed his/her probationary period
and is capable of performing the duties of the position satisfactorily,
and is henceforth to be considered a regular employee with all rights
and privileges due him/her; or
2.
The employee has not demonstrated ability to perform satisfactorily
the duties of the position and is to be separated from City Government,
or if promoted from another position returned to the previous or a
similar position.
[CC 1979 §25.040]
[CC 1979 §25.050]
The minimum age for employment as a probationary employee shall
be eighteen (18) years of age, unless the Board shall in writing waive
the requirement. The minimum age for employment of seasonal employees
shall be sixteen (16) years of age. The maximum age for employment
shall be sixty-five (65) years of age, unless the Board shall in writing
waive the requirement.
[CC 1979 §25.060]
Employees of the City need not reside within the City, but are
urged to do so. However, any provision of this Code specifically requiring
a particular employee or class of employee to live within the City
limits shall prevail over this provision.
[CC 1979 §25.070]
All vacancies occurring in the service of the City shall, whenever
possible, be filled by promotion of a qualified employee within the
City service. However, the Board may authorize the recruitment of
applicants from outside the City service whenever it has reason to
believe that better qualified applicants are available than within
the City service. Promotion within the City service shall be based
on the qualifications and seniority of the person being appointed.
Usually, the first (1st) consideration in filling vacancies will be
given to the most qualified senior applicant in the department in
which the vacancy exists. Next, consideration will be given to the
most qualified senior applicant from outside the department. If no
acceptable applicant is found within the City service, the vacancy
will be filled from outside the City service. The criteria used in
the selection of the most qualified senior applicant shall be based
upon experience, performance, evaluation and, where feasible, examination.
[CC 1979 §25.080]
Two (2) members of an immediate family shall not be employed
under the same supervisor; neither shall two (2) members of an immediate
family be employed at the same time, regardless of the administrative
department, if such employment will result in an employee supervising
a member of his/her immediate family. "Immediate family" is defined as wife, husband, mother, father, brother, sister, son,
daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law,
grandparents, grandchildren, stepmother, stepfather, brother-in-law,
sister-in-law, uncle and aunt.
[CC 1979 §25.090]
City employees shall not be appointed or retained on the basis
of their political activity. City employees shall not be coerced to
take part in political campaigns, to solicit votes, to levy, contribute
or solicit funds or support, for the purpose of supporting or opposing
the appointment or election of candidates for any municipal office.
[CC 1979 §25.100]
No City employee shall actively advocate or oppose the candidacy
of any individual for nomination or election to any municipal office,
but an employee may participate in political affairs at other levels
of Government, provided such participation does not adversely affect
his/her performance as a City employee. Employees are expected to
exercise their right to vote in municipal elections, but shall not
engage in, or participate in any other way in any municipal election.
[CC 1979 §25.110]
Failure to comply with the requirements of Sections 135.090 and 135.100 shall be grounds for immediate dismissal. Any person who attempts to coerce or does coerce any City employee to take part in activity prohibited by Sections 135.090 and 135.100 may be punished as provided in Section 100.220 of this Code.
[CC 1979 §25.115]
Employees who create records of the City are required to place
the records in the custody of the City. Any employee who fails to
turn over such records to the City Clerk upon demand may be subject
to immediate discharge. An employee, upon leaving the service of the
City, who retains such records, is guilty of a misdemeanor and may
be prosecuted in the Municipal Court.
[CC 1979 §25.120]
No full-time employee of the City shall accept outside employment,
whether part-time, temporary or permanent, without prior written approval
from the Board. Each change in outside employment shall require separate
approval. Approval shall not be granted when such outside employment
conflicts or interferes, or is likely to conflict or interfere, with
the employee's municipal service. Such approval, however, shall not
be arbitrarily withheld. Employees may not engage in any private business
or activity while on duty. No employee shall engage in or accept private
employment or render any service for private interest when such employment
or service is incompatible or creates a conflict of interest with
his/her official duties.
[CC 1979 §25.130]
It shall be the duty of each employee to maintain high standards
of conduct, cooperation, efficiency and economy in their work for
the City. Whenever work habits, attitude, production or personal conduct
of any employee falls below a desirable standard, supervisors should
point out the deficiencies at the time they are observed. Corrections
and suggestions should be presented in a constructive and helpful
manner in an effort to elicit the cooperation and good will of the
employee. Whenever possible, oral and/or written warnings with sufficient
time for improvement shall precede formal discipline.
[CC 1979 §25.140; Ord. No. 327, 1-13-2003]
A.
It
shall be the duty of all City employees to comply with and to assist
in carrying into effect the provisions of the City's personnel rules
and regulations. No permanent employee shall be disciplined except
for violation of established rules and regulations, and such discipline
shall be in accordance with procedures established by the personnel
rules and regulations.
1.
Employee's and supervisor's responsibilities.
a.
It is the duty of every employee to attempt to correct any faults
in his/her performance when called to his/her attention and to make
every effort to avoid conflict with the City's rules and regulations.
b.
It is the duty of every supervisor to discuss improper or inadequate
performance with the employee in order to correct the deficiencies
and to avoid the need to exercise disciplinary action. Discipline
shall be, whenever possible, of an increasingly progressive nature,
the step of progression being
2.
Grounds for action. The following are declared to
be grounds for demotion, suspension, or removal of any permanent employee:
a.
Conviction of a felony or other crime involving moral turpitude.
b.
Acts of incompetency.
c.
Absence without leave.
d.
Acts of insubordination.
e.
Intentional failure or refusal to carry out instructions.
f.
Misappropriation, destruction, theft, or conversion of City property.
g.
Employee subsequently becomes physically or mentally unfit for the
performance of his/her duties.
h.
Acts of misconduct while on duty.
i.
Willful disregard of orders.
j.
Habitual tardiness and/or absenteeism.
k.
Falsification of any information required by the City.
l.
Failure to properly report accidents or personal injuries.
m.
Neglect or carelessness resulting in damage to City property or equipment.
n.
Repeated convictions during employment on misdemeanor and/or traffic
charges.
o.
Introduction, possession, or use on City property or in City equipment
of intoxicating substances, or proceeding to work, or performing work
for the City, under the influence of an intoxicating substance.
3.
Employee notice. A written notice shall be given
to each employee stating the reasons for the disciplinary action and
the date it is to take effect. The notice is to be given to the employee
at the time such disciplinary action is taken and in any event not
later than three (3) working days from date of the action. A copy
of notice signed by the employee in the employee's file shall serve
as prima facie evidence of delivery. At the time the notice is given,
the employee shall also be given a notice of his or her right of appeal
provided in this Section. A copy of all notices shall be provided
to the City Clerk by the supervisor or such person delivering said
notice and notification shall be sent to the Mayor and Board of Aldermen
before the notice is delivered. The City Clerk shall place a copy
of all notices in said employee's personnel file and retain a copy
for the City's records.
4.
Probationary employee. Any probationary employee
may be suspended,reduced in pay or class, or removed at any time by
his/her supervisor or the Mayor. Probationary, temporary, seasonal,
or part-time employees shall not have the right of appeal from such
action.
5.
Permanent employees. All permanent employees holding
positions in the service of the City may be suspended for a period
of not more than thirty (30) working days, reduced in pay or class,
or removed for just and reasonable cause by the employee's department
head. Permanent employees shall be dismissed only after having been
given written notice of the contemplated action.
6.
Evidence. Normally, the deterioration of an employee's
conduct is a progressive problem and every effort should be made to
reverse this trend as soon as it is apparent. Based on this philosophy,
sufficient evidence should be available in the employee's personnel
file to justify the action taken.
7.
Right of appeal. All permanent employees are granted
the right of appeal. Within ten (10) days after effective date of
disciplinary action, the employee may file a written appeal to the
Mayor. The disciplinary action against the employee shall be stayed
during the course of this appeal, unless the Mayor orders its imposition
in writing giving his/her reasons therefor.
8.
Investigation. The Mayor shall hear appeals submitted
by any permanent employee in the City relative to any suspension,
demotion, or dismissal and shall submit a written statement of facts,
findings, and recommendations to the Board of Aldermen, whose actions
shall be final and conclusive.
9.
Appeal hearing open to public. The appeal hearing
shall be open to the public at the discretion of the Mayor, subject
to all requirements of law.
10.
Informal nature. The hearing shall be conducted
in an informal nature and the Mayor shall make every effort to avoid
the appearance of conducting a trial in a court of law.
11.
Scheduling of appeal. No later than ten (10) working
days after receipt of the written appeal, the Mayor shall fix a time
and place for convening of a hearing. Within forty-eight (48) hours
after the completion of the hearing the Mayor shall report his/her
findings and recommendations to the Board of Aldermen.
12.
If the Mayor shall have ordered that disciplinary action against an employee shall not be stayed during an appeal, then the Mayor shall appoint a member of the Board of Aldermen to hear the appeal. In such case the provisions of Subsection (11) above shall not apply, and the hearing shall be scheduled within forty-eight (48) hours of the Mayor's order imposing immediate disciplinary action. Should the hearing officer recommend to the Board of Aldermen that the disciplinary action not be imposed, and should this recommendation be accepted by the Board of Aldermen, then the City shall pay said employee the same as had been employed in the service of the City during the time in which the Mayor's discipline order was in effect.
13.
Right to representation. The appellant shall have
the right to appear and be heard in person or by counsel.
14.
Appellant fails to appear. Appellant's failure to
attend or notify the hearing officer of his/her inability to attend
at the hearing will constitute just cause of dismissal of the appeal
and imposition of the disciplinary action.
[CC 1979 §25.150]
A.
The
most effective accomplishment of the work of the City requires prompt
consideration and equitable adjustment of the employee grievances.
It is the desire of the City to adjust the causes of grievances informally,
and both supervisors and employees are expected to make every effort
to resolve problems as they arise.
1.
An employee may present his/her grievance, or have an employee committee
selected by the employee present his/her grievance to his/her supervisor
or department head.
2.
All grievances shall be submitted in writing to the City Clerk who
shall forward a copy thereof to the employee's supervisor for action.
3.
If satisfaction is not achieved by the above procedure within ten
(10) working days, the grievance shall then be presented to the Mayor.
4.
The Mayor shall convene a hearing within ten (10) days to consider
the grievance. The employee, the supervisor, the department head and
any other interested party shall have the right to be heard. All City
employees shall be considered in the service of the City during the
course of the grievance hearing, and each employee shall be paid at
his/her regular hourly rate for that time spent in the hearing.
5.
Following the hearing, the Mayor shall within ten (10) days take
whatever action is necessary, including but not limited to a recommendation
to change the personnel rules and regulations of the work practices
of the City, a finding that the grievance is unjustified, or any other
appropriate recommendation. A report of the Mayor's finding shall
be presented to the Board of Aldermen.
6.
No employee shall be disciplined or discriminated against in any
way because of his/her proper use of the grievance procedure.
7.
To the extent the provisions of this Section conflict with Section 135.150 of this Code, the requirements of Section 135.150 shall apply. The procedure outlined in Section 135.150 shall be used if the alleged grievance is a disciplinary matter, although the Mayor may treat a hearing under this Section as a hearing for the purposes of Section 135.150 (7) provided that all employee rights have been respected.
[CC 1979 §25.160; Ord. No. 293, 1-8-1996; Ord. No.
310, 10-9-2000; Ord. No. 344, 8-8-2005; Ord. No. 351, 9-11-2006]
A.
All
regular employees of the City shall receive normal compensation for
the eleven (11) legal holidays listed below and any other days or
part of a day during which the public offices of the City shall be
closed by special proclamation of the Mayor with approval of the Board.
All regular part-time employees shall receive compensation in proportion
to the average number of hours normally scheduled to work. Probationary
employees shall be considered for purposes of this Section to be regular
employees. Legal holidays to be observed are:
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New Year's Day
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January 1
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Martin Luther King's Birthday
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January 15
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Washington's Birthday
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Third Monday in February
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Memorial Day
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Last Monday in May
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Independence Day
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July 4
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Labor Day
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First Monday in September
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Veterans Day
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Columbus Day
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Thanksgiving Day
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Last Thursday in November
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Friday following Thanksgiving Day
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Christmas Day
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December 25
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B.
It
shall be the policy of the City to insure that all regular employees
enjoy the same number of holidays each year. The standard shall be
the number of holidays in a particular year which will be celebrated
by employees working a forty (40) hour week, Monday through Friday.
For regular employees whose work week is other than Monday through
Friday, the department head shall designate the work day that shall
be observed or may permit the employee to select a day within thirty
(30) days after the holiday.
1.
An employee absent without authorized leave on the day preceding
and/or the day following a holiday shall not receive regular compensation
for the holiday.
2.
Any regular employee in the City service who shall be required to
perform work or render services on a regularly scheduled holiday shall
receive a day off at his/her regular pay rate in lieu of the holiday
missed, or at the option of the City he/she may be compensated at
the City's approved overtime rate for his/her service on the regularly
scheduled holiday.
3.
For Police Officers and other employees required to work on the holiday,
the department supervisor shall designate the day to be taken in lieu
of the holiday. Such substitute shall be within thirty (30) days after
the scheduled holiday.
[CC 1979 §25.170; Ord. No. 335, 6-11-2004]
A.
Every
employee in the City service holding a permanent status position and
having occupied such position for a period of twelve (12) consecutive
calendar months shall be allowed annual vacation leave with pay. Vacation
leave shall be granted on the basis of the number of regularly scheduled
hours in the standard work or duty week to which the employee is assigned
at the time of his/her vacation. Employees employed by the City for
a period of one (1) but not more than ten (10) years shall receive
two (2) weeks vacation. Employees who are employed with the City for
a period of more than ten (10) years but less than twenty (20) years,
shall receive three (3) weeks of vacation. Employees who have been
employed by the City in excess of twenty (20) years shall receive
four (4) weeks of vacation.
1.
Vacation leave shall be taken during the year following its accumulation.
The Board of Aldermen may approve a vacation being taken prior to
the conclusion of a year of service, with the exception of the first
(1st) year.
2.
Vacation leave credit may not be carried from one year to the next.
3.
Absence on account of sickness, injury or disability in excess of
that hereinafter authorized for such purposes may, at the request
of the employee and within the discretion of the department head,
be charged against vacation leave allowance.
4.
Records of vacation leave allowance and use shall be kept by the
person responsible for the employee's payroll payment. Vacation leave
schedule shall be in regard to the seniority of employees, to accord
with operating requirements and, insofar as possible, with the requests
of the employees.
5.
When a regular scheduled holiday occurs during the period of an employee's
vacation, an additional day of vacation shall be granted.
6.
No two (2) employees shall be allowed vacation leave at the same
time, if both are employed under the same supervisor.
7.
All vacations must be scheduled at least two (2) weeks in advance
of the first (1st) day of vacation leave.
[CC 1979 §25.180; Ord. No. 336, 6-11-2004]
A.
All
full-time City employees shall earn sick leave with full pay at the
rate of one (1) day for each calendar month of service. Sick leave
shall accrue from the date of employment, but shall not be taken until
the successful completion of six (6) months probationary period except
with the written permission of the Mayor. Sick leave may never be
taken in advance of earning the time. Sick leave may be accumulated
up to thirty-six (36) days.
2.
An employee who is unable to report for work because of one (1) of
the above reasons shall report the reason for his/her absence to his/her
supervisor within ten (10) minutes after the time he/she is expected
to report for work. Sick leave with pay shall not be granted unless
such report has been timely made. Documentation may be required of
the employee before any sick leave will be granted or payment made.
3.
An employee terminating from City service shall not be allowed the
use of sick leave in the last two (2) calendar weeks of employment.
Unused sick leave will not be compensated for in any way at the time
of resignation or dismissal of an employee.
4.
Abuse of the sick leave privilege can result in dismissal.
[CC 1979 §25.190]
On recommendation of any employee's supervisor or department
head, and upon the written order of the Board, an employee may be
granted maternity or paternity leave without pay for a period not
to exceed six (6) months.
[CC 1979 §25.200]
A.
Employees
may receive a leave of absence not to exceed ten (10) working days
annually, for participation in annual training in the National Guard
or Reserve Armed Forces. Requests for such leave must be accompanied
by a copy of official orders requiring such training. Compensation
for this period of military leave shall be limited to the amount by
which the normal City pay exceeds the military pay received. A copy
of the military pay voucher shall be submitted prior to authorization
for payment to the employee for the period of leave. Such military
training leave shall not be deducted from annual leave.
B.
Any
permanent employee who is drafted into the military service shall,
upon termination of his/her active service, be entitled to return
to the City service at a level equivalent to the position held on
his/her departure. This leave of absence shall not exceed the period
of time necessary to complete the period of active duty that he/she
has been involuntarily ordered to perform.
[CC 1979 §25.210]
All employees of the City are encouraged to participate as members
of the Volunteer Fire Department. Employees called away from the City
service to duty as volunteer firemen shall be paid at the regular
rate of compensation for such absence.
[CC 1979 §25.215]
An employee may be granted three (3) working days leave as needed
in the event of the death of his/her spouse, child, mother, father,
mother-in-law, father-in-law, brother or sister. Such leave shall
not be deducted from either sick leave or vacation leave. An employee
shall be compensated for the funeral leave.
[CC 1979 §25.220]
The provisions of this Chapter shall not apply to uniformed
employees to the extent that the personnel policies of the Police
and Fire Departments conflict with this Chapter.
