[Ord. 6435, passed 6-22-1972]
The general purpose of this article is to establish a system
of personnel administration that meets the social, economic and program
needs of the people of the City. This system shall provide means to
recruit, select, develop and maintain an effective and responsive
work force and shall include policies and procedures for employee
hiring and development, training and career development, job classification,
salary administration, fringe benefits, discipline discharge and other
related activities. All appointments and promotions in the City service,
including, but not limited to, those made by the Mayor, Council, City
Treasurer, or City Controller shall be made without regard to sex,
race, religion or political affiliation and shall be based on merit
and fitness.
[Ord. 6435, passed 6-22-1972]
In accordance with the above stated general purpose of this
article, it is hereby the declared personnel policy of the City that:
(a) Employment in the City government shall be based on merit and fitness,
free of personal and political considerations.
(b) Just and equitable incentives and conditions of employment shall
be established and maintained to promote efficiency and economy in
the operation of the City government.
(c) Positions having similar duties and responsibilities shall be classified
and compensated on a uniform basis.
(d) Appointments, promotions and other actions requiring the application
of the merit principle shall be based on systematic evaluation of
merit and fitness.
(e) Tenure of employees covered by this article shall be subject to good
behavior, the satisfactory performance of work, necessity for the
performance of work and the availability of funds.
[Ord. 6435, passed 6-22-1972; Ord. 6796, passed 12-29-1983; Ord. 7921, passed 5-18-2010; Ord. 6950, passed 4-28-1988; Ord. 7921, passed 5-18-2010]
(a) The career service shall be a permanent service to which this article
shall apply and shall comprise all positions in the public service
now existing or hereby established except the following which shall
be the exempt service:
(1)
All elected officials and members of boards and commissions.
(2)
The Business Administrator/Chief Financial Officer, all appointive
directors of the various City departments and bureaus presently existing
or hereafter created and their assistants, including but not limited
to the assistant fire chiefs and assistant to the Business Administrator/Chief
Financial Officer. All promoted police officers, including but not
limited to corporals, sergeants, lieutenants, and captains.
(3)
Volunteer personnel and personnel appointed to serve without
pay.
(4)
Consultants and counsel rendering temporary professional services.
(5)
Such positions involving seasonal or part-time employment, or
which consist of unskilled work, as may be specifically placed in
the exempt service by the personnel rules.
(6)
Such positions which by their nature (confidential and/or key
policy determining) cannot or should not appropriately be in the career
service and which are specifically placed in the exempt service by
the personnel rules.
(7)
Such positions as may be from time to time created in order
that the City might establish or participate in job development programs
as provided in Section 161.09(b)(9).
(b) The career service shall include all other positions in the City
service that are not specifically placed in the exempt service.
(c) Nothing herein shall be construed as to preclude the appointing authority
from filling any position in the manner in which positions in the
career service are filled.
(d) Should a vacancy occur in any position covered by Subsection (a)(2)
hereof, the Mayor shall have the power to make a temporary appointment
to that vacancy with the advice and consent of Council. Temporary
appointments shall not exceed a period of 90 days, except in the case
of the Business Administrator/Chief Financial Officer in which case
the period shall not exceed 120 days.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
(a) The personnel programs established by this article shall be administered
under the direction of the Business Administrator/Chief Financial
Officer appointed by the Mayor with the advice and consent of Council.
The Business Administrator/Chief Financial Officer or a subordinate
employee knowledgeable in personnel administration appointed by the
Business Administrator/Chief Financial Officer with approval from
the Mayor shall:
(1)
Direct all administrative and technical activities, administer
all provisions of this article and the personnel rules and perform
any other lawful acts which may be necessary or desirable to carry
out the purposes and provisions of this article.
(2)
Encourage and exercise leadership in the development of effective
personnel administration within the several departments of the City.
(3)
Attend all meetings of the Personnel Board and/or Civil Service
Boards and commissions.
(4)
Prepare and recommend revisions and amendments to the personnel
rules.
(5)
Advise the Mayor and Council on manpower utilization.
(6)
Foster and develop programs for the improvement of employee
effectiveness, including training, safety, health, counseling and
welfare.
(7)
Establish and maintain records of all employees in the government
service, in which there shall be set forth as to each employee the
class, title, pay or status, and other related data.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
The Business Administrator/Chief Financial Officer or his authorized
agent shall be responsible for certification of the payroll vouchers
that the persons named therein have been appointed and employed in
accordance with the provision of this law and the policies thereunder.
The City Treasurer or City Controller shall not make or approve or
take any part in making or approving any payment for personal service
to any person holding such position in the career or exempt service
unless such payroll voucher or account of such pay bears the certificate
of the Business Administrator/Chief Financial Officer or his authorized
agent.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
Council, upon recommendation of the Business Administrator/Chief
Financial Officer and the Mayor, may contract with any qualified person
or agency for the performance of such technical services as may be
desired in the establishment and operation of the personnel program.
[Ord. 6435, passed 6-22-1972]
There is hereby created the Personnel Board hereafter referred
to as the Board.
(a) The Board shall be composed of five persons who are qualified voters
in the City, who are in sympathy and in full agreement with the application
of merit principles in public employment. One member of the Board
shall be an educator and one shall be a physician.
(b) Members of the Board shall serve without compensation, but funds
will be provided by Council in the annual budget for reasonable and
necessary expenses to be incurred by the Board.
(c) Members of the Board shall hold no paid office or employment under
the government of the City while serving as members of the Board.
(d) Members of the Board shall be appointed by the Mayor with advice
and consent of Council for terms of four years from the date of appointment.
The Mayor shall submit the names of his nomination for Board appointment
to Council at least five days prior to the meeting at which final
Council consideration is given to the appointment.
(e) The Board shall elect its own chairman.
(f) Any member of the Board may be removed for good cause shown by majority
vote of Council, but only after Council has given the member a statement
in writing of the reasons for such removal and an opportunity to be
heard before a public session of Council.
(g) Members of the Board shall not, while serving, 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 activity sponsors and works for the election
of candidates to public office.
(h) Three members of the Board shall constitute a quorum for the transaction
of business.
(i) Three members of the Board designated by Council at the time of their
appointment, including an educator and physician, shall constitute
the Civil Service Board for Policemen, and three members of the Board
designated by Council at the time of their appointment, shall constitute
the Civil Service Board for Firemen.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
In addition to the duties set forth elsewhere in this article,
the Personnel Board shall:
(a) Advise the Business Administrator/Chief Financial Officer, Mayor
and Council on matters of personnel policy and problems of personnel
administration, including the development of personnel rules, a job
classification plan and a uniform pay plan.
(b) Represent the public interest in the improvement of personnel administration
in the City service.
(c) Make any inquiry which it may consider desirable concerning personnel
administration in the City service, and make recommendations to the
Business Administrator/Chief Financial Officer, Mayor or Council with
respect thereto.
(d) Report at least annually to Council on its activities, its investigations,
findings and recommendations.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
(a) The Business Administrator/Chief Financial Officer shall draft, in
consultation with the Mayor, such rules as may be necessary to carry
out the provisions of this article. Following a public hearing conducted
by the Board, at which time the views of the employees in the City
service shall be considered, these rules shall be submitted for adoption
by resolution of Council. The rules shall have the force and effect
of law. Amendments to the rules shall be made in accordance with the
above procedure.
(b) Among other things, the personnel rules shall provide the following:
(1)
For the preparation, maintenance and revision of a position
classification plan for all positions in the career service, based
upon similarity of duties performed and responsibilities assumed,
so that the same qualifications may reasonably be required for and
the same schedule of pay may be equitably applied to all positions
in the same class.
(2)
For the annual submission of a pay plan in conjunction with
the annual budget to Council.
(3)
For the recruitment of capable persons, the holding of fair,
open evaluations or competitive examinations to determine the relative
fitness of applicants for positions in the career service, and the
establishment of maintenance, consolidation and cancellation of eligible
lists of qualified applicants.
(4)
For the certification to the appropriate appointing authority
of the names of persons who have qualified to fill a vacancy.
(5)
For the establishment of promotional procedures which shall
give appropriate consideration to the applicant's qualifications,
record of performance and ability.
(6)
For the establishment of a period of probation upon appointment
or promotion prior to permanent appointment.
(7)
For emergency employment for not more than 120 days and for
provisional employment without open evaluation when there is no appropriate
eligible list available. No such provisional employment shall continue
longer than six months, nor shall successive provisional appointments
be allowed except during the first year after the effective date of
this article.
(8)
For the transfer of employees within the classification plan.
(9)
For the establishment of or the participation in job development
programs, including trainee programs, designed to attract and utilize
persons with minimal qualifications, but with potential for development,
in order to provide career development opportunities among members
of disadvantaged groups, handicapped persons and returning veterans.
(10)
For keeping records of performance of all employees in the career
service, which performance records shall be considered in determining
salary increments or increases for meritorious service; as a factor
in promotions, as a factor in determining the order of layoffs because
of lack of funds or work and in reinstatement, except where such procedures
are regulated by State statute or employee agreement and as a factor
in demotions, discharges and transfers.
(11)
For layoffs by reason of lack of funds or work, or abolition
of a position, or material change in duties or organization, and for
re-employment of employees so laid off.
(12)
For establishment of a plan for resolving employee grievances
and complaints.
(13)
For the establishment of disciplinary measures such as suspension,
demotion in rank or grade, or discharge. Such measures shall provide
for presentation of charges, hearing rights and appeals for all permanent
employees in the career service.
(14)
For establishing hours of work, holidays and attendance regulations
in various classes of positions in the career service.
(15)
For establishing and publicizing fringe benefits such as insurance
programs, retirement and leave policies.
(16)
For development and operation of programs to improve work effectiveness,
including training, safety, health, welfare, counseling, recreation
and employee relations.
(17)
For such other policies and rules not inconsistent with this
article as may be proper and necessary for its enforcement and the
systematic handling of the personnel affairs of the City.
[Ord. 6435, passed 6-22-1972]
The City 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 regarding terms and conditions of employment
subject to the provisions of State statute. Nothing contained in this
section shall preclude the right of an employee from submitting an
appeal in accordance with the provisions of Section 161.16. Provisions
of employee contracts or agreements duly approved by Council shall
be deemed to have been included in the personnel rules as provided
in Section 161.09.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
(a) The Business Administrator/Chief Financial Officer shall make or
have made an analysis of the duties and responsibilities of all positions
in the classified service and he shall recommend to Council a job
classification plan. Each position in the classified service shall
be assigned to a job class on the basis of a 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 single descriptive
title, the same qualification requirements, the same test of competence,
and the same pay scale. A job class may contain one position or more
than one position.
(1)
Within 60 days after the recommendation, the initial classification
plan by the Business Administrator/Chief Financial Officer, Council
shall approve a classification plan, and the Business Administrator/Chief
Financial Officer shall thereafter allocate each position to its appropriate
class.
(2)
The class to which each position is initially allocated following
adoption of this article (June 22, 1972) shall be the class in which
the employee shall have status conferred on him by Section 161.22.
(b) The initial classification plan shall be revised from time to time
as changing conditions require, upon recommendations of the Business
Administrator/Chief Financial Officer and with the approval of Council.
Such revisions may consist of the addition, abolishment, consolidation,
division or amendment of existing classes.
(c) No person shall be appointed to or employed in any position in the
competitive service under any class title which has not been approved
in the classification plan adopted as prescribed above.
(d) No position in the competitive service shall be filled other than
on a temporary appointment basis of not more than six months by any
person who does not meet the qualification requirements for that position
as set forth in the class specifications which are a part of the position
classification plan.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
(a) Original appointments to vacancies occurring after this article becomes
effective shall be based on merit as determined by competitive examinations
and fair, open evaluations.
(b) Examinations and evaluations shall be in such form as will fairly
test the abilities and aptitudes of candidates for the duties to be
performed, and may not include any inquiry into the political or religious
affiliations or race of any candidate.
(c) Candidates who qualify for employment shall be placed on an eligible
list for the appropriate job class in the rank order of the grades
they obtained on the examination or evaluation.
(d) Vacancies in positions above the entry level shall be filled as far
as practicable and in the best interest of the City as determined
by the Business Administrator/Chief Financial Officer by promotion,
and promotions shall be on a competitive basis except where the Personnel
Board finds that the number of persons qualified for promotion is
insufficient to justify competition. Promotion examinations shall
give appropriate consideration to the applicant's qualifications,
record of performance and seniority. Open examinations for all positions
above the entry level are authorized except where prohibited by State
statute.
(1)
An advancement in rank or grade or an increase in salary beyond
the limits defined in the rules for the administration of the pay
plan shall constitute a promotion. All examinations or evaluations
for promotions shall be conducted in accordance with the personnel
rules and the qualified candidates shall be certified to the appointing
authority and all promotional appointments shall be made from among
the persons so certified.
(e) Pending the availability of an eligible list determined by the Business
Administrator/Chief Financial Officer to be appropriate for a class,
vacancies may be filled by provisional appointment made by the appointing
authority. Such appointments shall have a minimum duration of six
months and may not continue beyond one pay period after the establishment
of an appropriate eligible list.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
(a) Eligible lists, in the order of their priority, shall be re-employment
lists, promotional eligible lists, and original appointment eligible
lists.
(1)
Re-employment lists shall contain the names of permanent employees
laid off in good standing for lack of funds or work.
(2)
Promotional eligible lists, and original appointment eligible
lists shall be created as provided for in Section 161.12.
(3)
Probationary employees laid off for lack of work or lack of
funds, and probationary employees who resign and whose resignations
are withdrawn within one year, with the approval of the appointing
authority and the Business Administrator/Chief Financial Officer may
have their names restored to the eligible list from which their appointment
was originally made.
(b) When an appointment is to be made to a vacancy, the Business Administrator/Chief
Financial Officer shall submit to the appointing authority from the
appropriate list or combination of lists, the names of the three persons
ranked highest and who have indicated willingness to accept appointment
or the names of all persons who have a ranking based upon a score
that is within 10% of the highest score on the list at the time the
list is first established, whichever number of persons is greater.
When more than one vacancy is to be filled, the number of names submitted
shall equal the number of vacancies plus two.
(c) Policies and procedures for administering eligible lists shall be
provided in the personnel rules, covering the duration, cancellation,
replacement and consolidation of such lists, and the removal or suspension
of the names of eligibles therefrom.
[Ord. 6435, passed 6-22-1972]
(a) Employees appointed from original appointment eligible lists or from
promotional eligible lists shall be subject to a period of probation.
The regular period of probation shall be six months, provided that
the personnel rules and labor agreements may specify a longer or shorter
period of probation for certain designated job classes, or for extension
of the probation period in individual cases. No probationary period
may extend beyond 12 months.
(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 the probationer at any time during the probationary
period. Such removals or demotion shall not be subject to review or
appeal.
(c) An employee shall be retained beyond the end of the probationary
period and granted permanent status only if the appointing authority
affirms that the services of the employee have been found to be satisfactory
and recommends that the employee be given permanent status.
[Ord. 6435, passed 6-22-1972]
It shall be the policy of the City to encourage the improvement
of service by providing employees with opportunities for training,
which need not be limited to training for specific jobs but may include
training for advancement and for general fitness for public service.
[Ord. 6435, passed 6-22-1972; Ord. 6796, passed 12-29-1983; Ord. 7921, passed 5-18-2010]
(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) Whenever there is lack of work or lack of funds requiring reductions
in the number of employees in a department or division of the City
government, the required reduction shall be made in such job class
or classes as the department head may designate, provided that employees
shall be laid off in the inverse order of their relative length and
quality of service, as determined by rules governing the evaluation
of service. Within each affected job class, all temporary employees
shall be laid off before probationary employees, and all probationary
employees shall be laid off before any permanent employee.
(c) A permanent employee may be suspended or demoted whenever in the
judgment of the appointing authority, the employee's work or
misconduct justifies disciplinary action short of dismissal. The employee
may not request a hearing before the Personnel Board unless the suspension
is for more than 10 working days or unless the employee has already
received a previous suspension within the six months immediately prior
thereto. A suspended or dismissed employee who has been disciplined
in accordance with procedures of a duly approved labor agreement may
not request a hearing unless the employee alleges the dismissal or
suspension was based upon political, religious, racial prejudice or
refusal to submit to sexual harassment.
(d) Except for employees suspended or dismissed in accordance with procedures of a duly approved labor agreement as provided in Subsection
(c) hereof, when an employee with permanent status is suspended for more than 10 days, reduced in rank or pay or removed, he shall be entitled to notice in writing of the grounds of the disciplinary action. A copy of the notice shall be filed with the Personnel Board and the Business Administrator/Chief Financial Officer. If, within five working days following the service of such notice, an employee shall in writing, addressed to the Board, request a hearing, the Board shall set a time and place for such hearing, to be held not less than five nor more than 20 working days after the receipt of such request, and notify the employee thereof. At the discretion of the employee, the hearing may be private or open to the public. In conducting the hearing proceedings, it shall be informal and it shall be assumed the action of the complainant was taken in good faith unless proved otherwise.
(e) If the Board finds the action of the appointing authority was based on political, religious, racial prejudice or refusal to submit to sexual harassment, or that the appointing authority failed to follow the proper procedure outlined in Subsection
(d) hereof, the employee shall be reinstated to his former position without loss of pay. In all other cases wherein the Board does not sustain the action of the appointing authority, the Board's findings and recommendations shall be advisory in nature, and the appointing authority may affirm the original action or modify its action pursuant to the Board's recommendation.
(f) An employee may resign by filing his reasons with the appointing
authority.
[Ord. 6435, passed 6-22-1972; Ord. 7921, passed 5-18-2010]
The Business Administrator/Chief Financial Officer shall maintain
or shall cause to be maintained adequate records of the proceedings
of the Personnel Board, and of his own official acts, the examination
record of every candidate and the employment record of every employee.
[Ord. 6435, passed 6-22-1972]
During the course of any investigation or hearing the Personnel
Board may request any employee or officer of the City to attend and
give witness. Any employee refusing to do so may be subject to disciplinary
action as provided in Section 161.16.
[Ord. 6435, passed 6-22-1972]
(a) All employees of the City shall be protected against any unwarranted
infringement of their rights as American citizens to vote as they
choose, to express their opinions in private, and to join any legitimate
political organization whose purposes are not inconsistent with their
loyalty to the United States.
(b) It shall be unlawful for any official in the service of the City
to reward or to discriminate against any applicant for a position
or any employee on the basis of his political affiliations or political
activities as permitted by this section, except as such affiliation
or activity may be established by law or this article as disqualification
for employment by the City.
(c) The Personnel Board is hereby authorized and directed to acquaint
City employees with the provision of this article protecting them
against intimidation, coercion and discrimination on account of such
legitimate political activities.
(d) The Board is hereby authorized and directed to establish an appeals
and complaints procedure whereby any City employee who feels that,
in violation of this article, he has been intimidated into political
activities or because of his failure to engage in such activities,
may lodge an appeal or complaint with the Board without jeopardizing
his future employment.
(e) Electioneering by persons in the career service in any City office,
building or premises during working hours or while on duty or using
a City owned vehicle or equipment is hereby prohibited.
(f) No person holding a position in the career service shall be required
by any person or organization to make any contribution to the campaign
funds of any political party or any candidate for public office or
shall be required to take any part in any campaign on behalf of a
candidate for local or State political party or other group which
sponsors candidates for election to local or State public office.
[Ord. 6435, passed 6-22-1972]
(a) No person shall willfully make any false statement, certificate,
mark, rating or report in regard to any test, certification, promotion,
reduction, removal or appointment held or made under the provisions
of this article, or in any manner commit or attempt to commit fraud
preventing the impartial execution thereof or of the personnel rules
adopted pursuant to this article.
(b) No person shall either directly or indirectly pay, render or give
any money, service or other valuable thing to any person for on account
of or in connection with any test, appointment, promotion, reduction
or removal in which he is concerned.
(c) No officer or employee of the City shall knowingly defeat, deceive
or obstruct any person in his right to examination, eligibility, certification
or appointment under this article, 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 competitive service.
[Ord. 6435, passed 6-22-1972]
If any provision of this article or of any personnel rule or
order adopted hereunder or the application of such provision of any
person or circumstances shall be held invalid, the remainder of this
article and the application of such provision of this article or of
such personnel rule or order to persons or circumstances other than
those as to which it was held invalid shall not be affected thereby.
[Ord. 6435, passed 6-22-1972; Ord. 6950, passed 4-28-1988]
(a) This article shall take effect immediately.
(a) Willful violation of the provisions of this article by persons in
the career service shall constitute grounds for dismissal from the
City career service. In the discretion of the appointing authority
with the concurrence of the Personnel Board, a lesser penalty may
be imposed under extenuating circumstances, but in no case shall the
penalty for willfully engaging in prohibited political activities
be established at less than 30 days suspension from duty without pay.
(b) Any person not in the career service of the City as herein defined
who by himself or with others willfully violates any provisions of
this article or of the personnel rules hereunder shall be punished
as provided in Section 101.99.
(c) Any person who is convicted under this section shall, for a period
of five years, be ineligible for appointment to or employment in a
position in the service of the City, and, if he is an officer or employee
of the City, he shall immediately forfeit the office or position he
holds.