[R.O. 1985 § 18-1; Code 1965, § 4A.12; Ord. No. 1473, § 11, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
Any person who violates this Chapter or any regulation made
pursuant hereto for which no punishment is provided herein, shall
be guilty of an offense. Discipline for any such offense shall be
in accordance with the civil service rules and regulations up to and
including discharge from employment. Any employee so discharged shall
not be eligible for re-hire.
[R.O. 1985 § 18-2; Code 1965, § 4A.01; Ord. No. 1473, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
The purpose of this Chapter is to establish for the City a system
of personnel administration based on the merit principle and established
methods governing the appointment, promotion, tenure, welfare, transfer,
layoff, removal and discipline of its employees. It is the policy
of the City to provide equal and fair employment opportunities to
all job applicants and City employees without regard to race, color,
religion, ancestry, creed, national origin, age, sex, sexual orientation,
gender identity, pregnancy, disability, veteran status, or other status
that is protected by State or Federal law. All appointments and promotions
to employment positions in the City shall be made solely upon the
requirements for the positions being filled and the qualifications
of the people filling such positions.
[R.O. 1985 § 18-3; Code 1965, § 4A.13; Ord. No. 1473, § 12, 12-11-1973; Ord. No. 2000, § 2, 4-23-1985; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4206, § 1, 10-13-2009; Ord. No. 4553, § 1, 4-14-2015; Ord. No. 4597, § 1, 11-24-2015; Ord. No. 4646, § 1, 4-12-2016; Ord. No. 4810, § 1(Exh.
A), 11-14-2017]
The City of Crestwood Civil Service Rules and Regulations are
hereby adopted and incorporated herein by reference as the personnel
manual of the City. This manual and all amendments thereto shall be
deemed a part of this Chapter, and shall have the same force and effect
as if they were set out herein in full.
[1]
Editor's Note: R.O. 1985 § 18-4, Department of Personnel,
was repealed by the City during the 2024 recodification project.
[R.O. 1985 § 18-5; Code 1965, § 4A.03; Ord. No. 1473, § 2, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
(a)
The City Administrator shall serve as and be the Personnel Director.
[R.O. 1985 § 18-6; Code 1965, § 4A.04; Ord. No. 1473, § 3, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
(a)
The Personnel Director shall have the power and be required to:
(1)
Hold, or direct appropriate designees to hold, competitive examinations
for all appointments in the classified service;
(2)
Prepare and maintain a job classification system covering all administrative
positions in the classified and unclassified services;
(3)
Prepare and submit to the Board of Aldermen and, upon its approval,
maintain a pay plan for all administrative positions in the City service
except as otherwise provided herein;
(4)
Appoint, pursuant to the rules established by the Civil Service Board
of the City, persons eligible to fill vacancies in the classified
service;
(5)
Appoint and remove all employees in the classified and unclassified
service except as otherwise provided;
(6)
Prepare and recommend to the Civil Service Board such rules as he
or she may consider appropriate to carry out the provisions of this
Chapter.
[R.O. 1985 § 18-7; Code 1965, § 4A.05; Ord. No. 1473, § 4, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4047, § 1, 4-10-2007; Ord. No. 4204, § 1, 10-13-2009]
(a)
Composition. The Civil Service Board shall consist of three (3) residents
of Crestwood with an interest in human resources and in sympathy with
the application of merit principles to public appointment. Members
are appointed by the Mayor with the approval of a majority of the
authorized membership of the Board of Aldermen. All citizen members
shall be appointed to terms of three (3) years in duration and until
their success shall be appointed, with each term beginning and ending
on July 1. The terms shall be staggered with one (1) member being
appointed each year.
(b)
Meetings And Quorum. The Civil Service Board shall meet as directed
by the Mayor, Board of Aldermen, or City Administrator. A quorum shall
consist of two (2) members of the Board.
(c)
Attendance. Civil Service Board members absent without excuse from
three (3) consecutive meetings, whether regular or special, shall
be subject to replacement by the Mayor and a majority of the authorized
membership of the Board of Aldermen.
(d)
Duties And Responsibilities. The Civil Service Board shall be responsible
for approving civil service rules and regulations, and any substantive
amendments thereto, hearing appeals of and rendering decisions on
grievances regarding claimed violations, misinterpretations, or misapplications
of the civil service rules and regulations, or any department rules
and regulations, and regarding any disciplinary action affecting employment
in the classified service of the City, and performing such other duties
with reference to personnel administration not inconsistent with the
provisions of the City Charter and Code of Ordinances, as the Board
of Aldermen may require by ordinance.
(e)
Chairperson. The Mayor shall appoint a chairperson from one (1) of
the citizen members who shall serve as Chairperson for the remainder
of that person's term. The Chairperson shall be the presiding officer
of all meetings of the Civil Service Board and shall have voice and
vote the same as all other members. At the first meeting of each term,
the Civil Service Board shall organize by electing a Vice Chairperson
from the members. The Vice Chairperson shall act as Chairperson in
the Chairperson's absence.
(f)
Ex Officio Members. The City Administrator, as personnel director,
shall be an ex officio, non-voting member of the Civil Service Board,
acting in an advisory capacity and shall attend all meetings of the
Civil Service Board.
(g)
Vacancies. Vacancies among non-ex officio members of the Fire Board
shall be filled in the same manner as an original appointment, with
the replacement to serve the unexpired term.
[R.O. 1985 § 18-8; Code 1965, § 4A.06; Ord. No. 1473, § 5, 12-11-1973; Ord. No. 1511, § 1, 6-25-1974; Ord. No. 1648, § 1, 2-22-1977; Ord. No. 1999, § 2, 4-16-1985; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4050, § 1, 4-10-2007; Ord. No. 4205, § 1, 10-13-2009]
(a)
The administrative service of the City is hereby divided into the
classified and unclassified service as follows:
(1)
The unclassified service shall include elected officials, City Administrator,
Police Chief, Fire Chief, Public Works Director, Parks and Recreation
Director, City Attorney, prosecuting attorney(s), municipal judge(s),
and all other individuals designated as contract, temporary or seasonal
employees, unless otherwise designated to be included in the classified
service by the Board of Aldermen.
(2)
The classified service shall comprise all positions not specifically
included in Subsection (a)(1) of this Section.
[R.O. 1985 § 18-9; Code 1965, § 4A.07; Ord. No. 1473, § 6, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
(a)
The Civil Service Board shall hold a public hearing upon the civil
service rules and regulations, and any amendments thereto, recommended
by the Personnel Director at which all persons interested may be heard.
After such a hearing, the Civil Service Board shall approve or reject
the rules and regulations, and any amendments thereto, wholly or in
part, or may modify them and approve them as modified. The rules and
regulations, and any amendments thereto, approved by the Civil Service
Board shall then become effective when approved by the Board of Aldermen.
[1]
Editor's Note: R.O. 1985 §§ 18-10, Application
register, forms, and 18-11, "Employment continued, were repealed by
the City during the 2024 recodification project.
[R.O. 1985 § 18-12; Code 1965, § 4A.10; Ord. No. 1473, § 9, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
Any employee employed in the classified service who is discharged
or reduced in rank or compensation shall be presented with written
reasons for such discharge or reduction as specified in the civil
service rules and regulations and advised, in writing, of his or her
right to appeal such discharge or reduction as provided in Chapter
IX, Section 4 of the Civil Service Rules and Regulations.
[R.O. 1985 § 18-13; Code 1965, § 4A.11; Ord. No. 1473, § 10, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4050, § 1, 4-10-2007]
(a)
The Personnel Director may reject any application which indicates
that the candidate does not possess the minimum qualifications required
for the position. Applicants may also be disqualified for the following
reasons depending on the circumstances:
(1)
The applicant is physically or mentally unfit to perform the
duties of the position, with or without reasonable accommodations.
(2)
The applicant has been convicted of a felony or misdemeanor
for a violent crime, a crime of moral turpitude, or a crime related
to the duties of the position.
(3)
The applicant made false statements on the application.
(4)
The applicant has an unsatisfactory employment record that demonstrates
unsuitability for employment with the City.
(5)
The applicant has failed to submit his or her application or
provide requested information within the prescribed time limits.
(6)
The applicant has failed to submit his or her application or
provide requested information within the prescribed time limits.
[R.O. 1985 § 18-14; Code 1965, § 4A.12; Ord. No. 1473, § 11, 12-11-1973; Ord. No. 3433, § 1, 11-12-1996]
No City employee or applicant for employment shall be appointed,
promoted, reduced, removed or in any way favored or discriminated
against because of the person's race, color, religion, ancestry creed,
national origin, age, sex, sexual orientation, gender identity, pregnancy,
disability, veteran status, or other status that is protected by State
or Federal law. No person shall make any false statement, rating or
report with respect to any selection procedure, certification or appointment
held or made under the personnel provisions or in any manner commit
or attempt to commit any fraud preventing the impartial execution
of such personnel provisions or the rules and regulations made thereunder.
No person seeking appointment to or promotion in the classified service
of the City shall either directly or indirectly pay any money, render
any service or give any valuable thing to any person for or on account
of or in connection with his or her appointment, proposed appointment,
promotion or proposed promotion.
[R.O. 1985 § 18-15; Ord. No. 3392, § 1, 12-12-1995; Ord. No. 3433, § 1, 11-12-1996; Ord. No. 4052, § 1, 4-10-2007]
The City hereby adopts the Alcohol And Controlled Substance Policy, including the testing for alcohol and controlled substances, which is contained in Chapter 13 of the City's Civil Service Rules and Regulations, as may be amended from time to time by the Board of Aldermen.
[R.O. 1985 § 18-16; Ord. No. 4617, § 1, 1-26-2016]
(a)
Unless expressly provided otherwise in an employee's written employment
agreement, those employees who are not in the classified service shall
accrue annual vacation leave in the amounts and in a manner consistent
with Chapter X, Section 5 of the Civil Service Rules and Regulations
of the City.
[R.O. 1985 § 18-31; Ord. No. 4052,[1] § 1, 4-10-2007]
(a)
The
City of Crestwood prohibits discrimination, harassment, including
sexual harassment, and retaliation against employees and applicants
for employment based on a person's race, color, religion, ancestry
creed, national origin, age, sex, sexual orientation, gender identity,
pregnancy, disability, veteran status, or other status that is protected
by State or Federal law.
(b)
The
City will not tolerate any conduct which constitutes discrimination
or retaliation against or harassment of any employee or any individual
working for or on behalf of the City by any person, including coworkers,
other City staff or officials, vendors, or any non-employee who is
working in a City facility or on a City project based on a person's
race, color, religion, ancestry creed, national origin, age, sex,
sexual orientation, gender identity, pregnancy, disability, veteran
status, or other status that is protected by State or Federal law.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. II, derived from Ord. No. 3583, adopted 9-28-1999.
[R.O. 1985 § 18-32; Ord. No. 4052, § 1, 4-10-2007]
When used in this Chapter, the following terms shall have the
meanings set out herein:
Discrimination in the workplace happens when a person or
a group of people is treated unfairly or unequally because of specific
protected characteristics. These protected characteristics include
race, color, religion, ancestry creed, national origin, age, sex,
sexual orientation, gender identity, pregnancy, disability, veteran
status, or other status that is protected by State or Federal law.
Discrimination may also occur if an employer disciplines, terminates,
or takes unfavorable actions against an employee or job applicant
for discussing, disclosing or asking about pay. Discrimination in
the workplace can happen between coworkers, with job applicants, or
between employees and their employers.
Unwelcome conduct that is based on race, color, religion,
sex (including sexual orientation, gender identity, or pregnancy),
national origin, older age [beginning at age forty (40)], disability,
or genetic information (including family medical history), is where
1) enduring the offensive conduct becomes a condition of continued
employment, or 2) the conduct is severe or pervasive enough to create
a work environment that a reasonable person would consider intimidating,
hostile, or abusive. Offensive conduct may include, but is not limited
to, offensive jokes, slurs, epithets or name calling, physical assaults
or threats, intimidation, ridicule or mockery, insults or put-downs,
offensive objects or pictures, and interference with work performance.
Retaliation is an act by the City (through a manager, supervisor,
or administrator) that constitutes an adverse action against an employee
for engaging in protected activity. An adverse action is an action
which would dissuade a reasonable employee from raising a concern
about a possible violation or engaging in other related protected
activity. Protected activity is conduct by an employee that is protected
under State or Federal anti-discrimination and anti-harassment laws
such as making a complaint of discrimination or harassment to a governmental
body, participating in workplace investigations or opposing employment
practices that they reasonably believe discriminate against individuals,
in violation of State and Federal anti-discrimination and anti-harassment
laws.
Harassment on the basis of sex includes unwelcomed sexual advances,
requests for sexual favors, and other verbal or physical conduct of
a sexual nature. Sexual harassment occurs when submission to such
conduct is made either explicitly or implicitly a term or condition
of an individual's employment, submission to or rejection of such
conduct by an individual is used as the basis for employment decisions
affecting such individual, or such conduct has the purpose or effect
of unreasonably interfering with an individual's work performance
or creating an intimidating, hostile, or offensive working environment.
Sexual harassment can occur in a variety of circumstances, including,
but not limited to, the following:
The victim as well as the harasser may be a woman or man.
The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the
employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could
be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury
to or discharge of the victim. The harasser's conduct must be unwelcomed.
[R.O. 1985 § 18-33; Ord. No. 4052, § 1, 4-10-2007]
(a)
Reporting Violations. Employees are encouraged to report any incident
of discrimination, harassment or retaliation in the workplace by any
City employee or any other person. Employees should report incidents
promptly to their supervisor, department head or the Personnel Director.
An employee is not required to complain first to his or her supervisor
or department head. Any claim of discrimination, harassment or retaliation
against the City Administrator should be reported to the Mayor.
(1)
Management
employees who receive a complaint, or observe, or become aware of
possible discrimination, harassment or retaliation must immediately
report it to the Personnel Director to ensure proper handling. Failure
to do so will result in disciplinary action, which may include the
management employee's dismissal. When the Personnel Director is informed
of a possible harassment, he or she will immediately report this possible
harassment to the Mayor. Where a complaint of discrimination, harassment
or retaliation is directed at the City Administrator or a department
head, the Board of Aldermen will be given notification of the incident
when a complaint is filed.
(b)
Investigating Complaints. Every complaint or report of discrimination,
harassment or retaliation will be investigated thoroughly and promptly
by the Personnel Director or his/her designee. For any complaint which
is lodged against a department head, or for any other complaint the
Personnel Director deems appropriate, the Personnel Director, in consultation
with the City Attorney, shall appoint an investigator who is not an
employee of the City to conduct the investigation. For any complaint
that is lodged against the City Administrator, the Mayor, in consultation
with the City Attorney, shall appoint an investigator who is not an
employee of the City to conduct the investigation.
(1)
All
complaints will be handled as discretely as possible, although the
identity of the complainant and the allegations of the complaint must
be shared with the accused employee. Only those individuals directly
involved with or investigating the complaint will be informed of the
investigation findings.
(2)
The
investigation findings will be documented, and the complaining employee
and alleged harasser will be kept advised of the progress of the investigation
and of the investigator's findings and conclusions. A complainant
will not necessarily be informed of any discipline imposed against
another employee.
(3)
The
City will not tolerate any form of retaliation against any employee
for making a complaint about discrimination or harassment, reporting
a possible incident of discrimination or harassment, or cooperating
in the investigation of a complaint.
(c)
Discipline.
In the case of City employees, if the investigation determines that
discrimination, harassment or retaliation occurred, the City will
discipline the offender and take any other appropriate remedial action.
Disciplinary action for a violation of this policy can range from
written warnings up to and including discharge, depending on the circumstances.
With regard to acts of discrimination or harassment by non-employees,
remedial action within the ability of the City will be taken.
(d)
Appealing Decisions. If the complaining employee is dissatisfied
with the handling of the investigation and/or its findings and conclusions
by the Personnel Director, the employee may follow the appeal process
outlined in Chapter IX, Section 3E for further review by the Civil
Service Board.
(e)
Appealing Decisions. If the complaining employee is dissatisfied
with the handling of the investigation and/or its findings and conclusions,
the employee may submit a letter of appeal to his or her department
head within seven (7) working days of being notified of the findings
and conclusions. The department head will review the investigation
documentation and any other information and will provide a written
response to the complaining employee within fifteen (15) working days.
If the complaining employee is dissatisfied with the department head's
decision, the employee may submit a letter of appeal to the Personnel
Director within seven (7) working days of being notified of the department
head's decision. The Personnel Director shall review the decision
of the department head and provide a written response to the complaining
employee within fifteen (15) working days.
Where the department head is the subject of the complaint, the
employee may submit a letter of appeal directly to the Personnel Director
within fifteen (15) working days of being notified of the finding
and conclusions of the investigation. The Personnel Director shall
review the investigation documentation and any other information and
provide a written response to the complaining employee within fifteen
(15) working days.
If the employee is dissatisfied with the Personnel Director's
written response, he or she may follow the appeal process outlined
in Chapter IX, Section 3E of the Civil Service Rules and Regulations
of the City, for further review by the Civil Service Board.
Where the City Administrator as Personnel Director is the subject
of the complaint, the employee may submit a letter of appeal directly
to the Civil Service Board within fifteen (15) working days of being
notified of the findings and conclusions.
