[CC 1992 § 25.010; Ord. No. 182 § 1, 6-2-2004]
Each employee receiving an appointment or a
promotion to a position in the service of the City must serve a probationary
period of ninety (90) days before his/her appointment or promotion
shall be considered permanent. During the employee's ninety-day 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 any offered 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 1992 § 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 1992 § 25.030]
At the end of each employee's ninety-day probationary
period or extension granted thereto, the supervisor of the employee
shall complete a probationary report and notify the Mayor in writing
that either 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 the employee has not demonstrated the
ability to satisfactorily perform 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 1992 § 25.040]
[CC 1992 § 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.
[CC 1992 § 25.060]
Employees of the City need not reside within
the City. However, any provisions of this Code specifically requiring
a particular employee or class of employees to live within the City
limits shall prevail over this provision.
[CC 1992 § 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
he/she 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 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 1992 § 25.080]
Members of an immediate family shall not 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, aunt.
[CC 1992 § 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 1992 § 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 1992 § 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 Chapter 100, Article III, of this Code.
[CC 1992 § 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 an ordinance
violation and may be prosecuted by a court with jurisdiction to hear
such matters.
[CC 1992 § 25.120]
No full-time employee of the City shall accept
outside employment, whether part-time, temporary or permanent, without
prior 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 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 1992 § 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 goodwill
of the employee. Whenever possible, oral and/or written warnings with
sufficient time for improvement shall precede formal discipline.
[CC 1992 § 25.140]
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 (i) warning, (ii) demotion,
(iii) suspension, and (iv) removal; however, it is not necessary to
follow this progression prior to removal of an employee.
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.
Intentional failure or refusal to carry out
instructions.
e.
Misappropriation, destruction, theft, or conversion
of City property.
f.
Acts of misconduct while on duty.
g.
Willful disregard of orders.
h.
Habitual tardiness and/or absenteeism.
i.
Falsification of any information required by
the City.
j.
Failure to properly report accidents or personal
injuries.
k.
Neglect or carelessness resulting in damage
to City property or equipment.
l.
Repeated convictions during employment on misdemeanor
and/or traffic charges.
m.
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.
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.
4.
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.
5.
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.
6.
Informal nature. The hearing shall be conducted
in an informal nature and the Mayor shall make every effort to avoid
the appearance of conduction of a trial in a court of law.
7.
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.
8.
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 Section 135.140(A)(7) 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 if he/she had been employed in the service of the City during the time in which the Mayor's discipline order was in effect.
9.
Right to representation. The appellant shall
have the right to appear and be heard in person or by counsel.
10.
Appellant fails to appear. Appellant's failure
to attend or notify the hearing officer of his/her inability to attend
the hearing will constitute just cause of dismissal of the appeal
and imposition of the disciplinary action.
[CC 1992 § 25.150]
A.
The most effective accomplishment of the work of the
City requires prompt consideration and equitable adjustment of 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
or 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 135.140 of this Chapter, the requirements of Section 135.140 shall apply. The procedure outlined in Section 135.140 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 135.140(A)(3), provided that all employee rights have been respected.
[CC 1992 § 25.160]
A.
All regular employees of the City shall receive normal
compensation for the twelve (12) 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
as follows:
|
Holiday
|
Date
|
|---|---|
|
New Year's Day
|
January 1
|
|
Martin Luther King Day
|
January 20
|
|
Lincoln's Birthday
|
February 12
|
|
Washington's Birthday
|
Third Monday in February
|
|
Truman Day
|
May 8
|
|
Memorial Day
|
Last Monday in May
|
|
Independence Day
|
July 4
|
|
Labor Day
|
First Monday in September
|
|
Columbus Day
|
October 12
|
|
Veterans Day
|
November 11
|
|
Thanksgiving Day
|
Last Thursday in November
|
|
Christmas Day
|
December 25
|
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-hour week, Monday
through Friday.
1.
An employee absent without authorized leave
in 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 1992 § 25.170]
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 shall receive two (2) weeks' vacation after one (1) year
of service. After ten (10) years of service, employees shall receive
three (3) weeks' vacation. After fifteen (15) years of service, employees
shall receive four (4) weeks’ 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 year.
2.
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.
3.
Records of vacation leave allowance and use
shall be kept by the person responsible for the employee's payroll
payment. Vacation leave scheduled shall be in regard to the seniority
of employees, to accord with operating requirements and, insofar as
possible, with the requests of the employees.
4.
When a regularly scheduled holiday occurs during
the period of an employee's vacation, an additional day of vacation
shall be granted.
5.
All vacations must be scheduled at least two
(2) weeks in advance of the first day of vacation leave.
[CC 1992 § 25.180]
A.
All full-time City employees shall earn sick leave
with full pay at the rate of twelve (12) workdays for each calendar
year 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 written permission of the
Mayor. Sick leave may never be taken in advance of earning the time.
Sick leave may be accumulated up to forty (40) days.
2.
An employee who is unable to report for work
because of one 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 to 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.
A.
All officers and employees who are or may become members of the National
Guard or of any reserve component of the Armed Forces of the United
States shall be entitled to leave of absence from their respective
duties, without loss of time, pay, regular leave, impairment of efficiency
rating, or of any other rights or benefits, to which otherwise entitled,
for all periods of military services during which they are engaged
in the performance of duty or training in the service of the State
at the call of the Governor and as ordered by the adjutant general
without regard to length of time, and for all periods of military
services during which they are engaged in the performance of duty
in the service of the United States under competent orders for a period
not to exceed a total of one hundred twenty (120) hours in any Federal
fiscal year.
B.
Before any payment of salary is made covering the period of the leave,
the officer or the employee shall file with the City an official order
from the appropriate military authority as evidence of such duty for
which military leave pay is granted, which order shall contain the
certification of the officer or employee's commanding officer of performance
of duty in accordance with the terms of such order.
C.
Compensation for this period of military leave shall
be limited to the amount by which the normal City pay exceeds the
military pay received.
[CC 1992 § 25.190(A)]
D.
No member of the organized militia shall be discharged from employment
because of being a member of the organized militia, nor shall he/she
be hindered or prevented from performing any militia service he/she
may be called upon to perform by proper authority, nor otherwise be
discriminated against or dissuaded from enlisting or continuing his/her
service in the militia by threat or injury to him/her in respect to
his/her employment. Any officer or agent of the City violating any
of the provisions of this Section is guilty of an ordinance violation.
E.
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 1992 § 25.190(B)]
F.
Notwithstanding the provisions of any other administrative rule or law to the contrary, any person entitled to military leave pursuant to the provisions of Subsection (A) of this Section shall only be charged military leave for any hours which that person would otherwise have been required to work had it not been for such military leave. The minimum charge for military leave shall be one (1) hour, and additional charges for military leave shall be in multiples of the minimum charge.
[CC 1992 § 25.200]
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 1992 § 25.210]
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 1992 § 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.
