The department of personnel shall consist of a non-classified department head (personnel director) who shall be appointed by the mayor and be subject to the advice and consent of the city council. This department head shall be subject to the same terms, conditions and benefits as other non-classified appointed administrators and shall serve at the pleasure of the mayor. The personnel director shall not be the beneficiary of or subject to the provisions of any collective bargaining agreements. This department shall also employ other non-classified staff, full or part time, as may be authorized by ordinance. This department shall also include the personnel appeal board and the employee retirement board.
(Res. No. 2014-13, § 1, 4/28/2014, approved by referendum 11/4/2014)
[1]
Editor's note: Former Sec. 14.02, which pertained to the director of personnel and was approved at referendum 11/3/1998, was repealed 4/18/2014 by Res. No. 2014-13, approved by referendum 11/4/2014.
The personnel appeal board shall consist of three qualified electors of the city not more than two of whom shall be adherents of the same political party. They shall be known to be in sympathy with the application of the merit system to public personnel administration. The members of the personnel appeal board in office at the effective date of this Charter shall continue to hold office for the unexpired portions of their terms. As their terms expire their successors shall be appointed by the council for terms of three years. They may be removed as provided in section 3.18. Any vacancy in the membership of the personnel appeal board shall be filled by the council for the unexpired portion of the term. Members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The personnel appeal board, by its chairperson, shall have the power to issue subpoenas to witnesses to testify in any matter pending before board, and to issue subpoenas compelling the production of books, records, and other evidence.
(Res. No. 73-122, 6/25/1973, § 15, approved by referendum, 8/7/1973; approved at referendum 11/3/1998)
The personnel of the city shall be divided into the classified and unclassified services. The unclassified service shall consist of: (a) All officers elected by the people or appointed by the council; (b) all members of boards and commissions appointed for fixed terms; (c) the heads of the departments of finance, law, public works, inspections, health, parks and recreation; (d) employees of the school committee; (e) one confidential secretary or assistant in the offices of the mayor and the directors of finance and public works; (f) legal assistants of the city solicitor; (g) the harbor master; the sealer of weights and measures; employees of the mayor's office; secretary of the director of administration; and two part-time members of the city council legislative research staff; (h) the employees of the board of canvassers; (i) persons attached to the police or fire departments other than the permanent members thereof; (j) persons employed temporarily in a professional or scientific capacity to make a special study, inquiry or investigation. The classified service shall consist of all other employees of the city.
(Res. No. 73-122, 6/25/1973, § 16, approved by referendum, 8/7/1973; approved at referendum 11/3/1998)
It shall be the duty of the director of personnel to prepare and submit to the council from time to time rules and regulations relative to personnel administration which may be in addition to or amendment of the rules and regulations in force at the effective date of this Charter. Such proposed rules shall become effective on approval by the council after public hearing. Notice of such hearing shall be given by posting in the city hall and other municipal buildings and by publication once as a paid advertisement in a newspaper of general circulation in the city at least seven days prior to the date of such hearing. These rules and regulations shall not be inconsistent with the provisions of this Charter and shall include but not be limited to:
(a) 
Construction and amendment from time to time of the classification plan and pay plan for all positions in the service of the city, except the certified personnel of the school committee.
(b) 
Standards of age, sex, physical fitness, education and morals to be required of all applicants for positions or classes of positions in the classified service.
(c) 
Time of holding and methods of advertising and conducting open competitive examinations, the type and content of such examinations and their grading including the conditions on which not more than ten points on a scale of one hundred of additional credit may be allowed to any person who has served in time of war in the army, navy, marine corps, air force or coast guard of the United States and has been honorably discharged therefrom.
(d) 
Noncompetitive tests for unskilled labor positions.
(e) 
Maintenance, consolidation and cancellation of eligible lists and methods for certifying eligibles for appointment.
(f) 
Promotions and the application of service ratings thereto.
(g) 
Probationary periods of employment.
(h) 
Administration of classification plan and pay plan.
(i) 
Work schedules, holidays, vacations, sick leaves and other leaves of absence, overtime pay, layoffs and reinstatements.
(j) 
Procedure on appeal from disciplinary action and from the administration of the classification plan and pay plan.
(k) 
Plans for resolving the grievances of employees and for establishing sound relations between employer and employee.
(Res. No. 2014-13, § 3, 4/28/2014, approved by referendum 11/4/2014)
It shall further be the duty of the director of personnel acting in accordance with the terms of this chapter and of the rules and regulations adopted as above provided to:
(a) 
Conduct open competitive examinations of all original appointments in the classified service except in the case of unskilled laborers and whenever the director of personnel shall determine in accordance with the said rules and regulations that the same is practicable, for promotions, and to give wide publicity through the channels appropriate to each case to all announcements of competitive examination; provided, that in formulating examinations the director of personnel shall consult with all officers having power of appointment as to their personnel requirements.
(b) 
Maintain eligible lists based on such examinations for each class of position in the classified service to which original appointments are to be made and whenever a vacancy in such a position is to be filled to certify to the appointing officer the names of the three persons standing highest on the list applicable to the position in the order of their standing, provided that if there are fewer than three names on any such list, the director of personnel shall announce and conduct an examination for that class of position of which at least ten days notice shall be given by publication in a newspaper of general circulation in the city and if after such examination there remain fewer than three names on the eligible list for the position the director of personnel shall certify all the names thereon in the order of their standing.
(c) 
Enter into agreement subject to the approval of the council with other public personnel departments or agencies in the State of Rhode Island for the joint administration of competitive examinations and the joint use of eligible lists.
(d) 
Authorize in writing for a period not exceeding three months a temporary appointment without examination to a position of a seasonal or transitory character but only when there is no qualified person on an eligible list reasonably applicable to the position to be filled who desires such appointment and no such appointment shall be renewed.
(e) 
Authorize in writing a provisional appointment to a position for which there is no eligible list but no such appointment shall be for a longer period than three months and no such appointment shall be renewed. It shall be the duty of the director to continue the administration's efforts to establish an eligible list for the position and when such a list has been established the provisional appointment shall terminate. No credit shall be allowed on any examination for experience gained in a provisional appointment.
(f) 
Prepare and recommend to the council a classification plan, a pay plan, and amendments thereto, covering all positions in the classified service.
(g) 
Supervise the maintenance by the heads of all departments, offices and agencies of the city of such personnel records and service ratings as may be prescribed by the rules and regulations approved by the council.
(h) 
Maintain a roster of all positions in the classified service which shall specify as to each employee the class title of the position held; the salary or pay; any changes in class title, salary or pay; and such other data as may be deemed useful or significant.
(i) 
Examine all payrolls on which the names of persons in the classified service appear and no payment of salary or wages shall be made to such persons by virtue of any payroll unless it bears the certificate of the director of personnel hat such persons have been appointed and are being employed in accordance with the provisions of this chapter and the rules and regulations of the department of personnel, that such persons are credited with pay at the rates determined by the pay plan and that the ordinances of the city and the rules and regulations of the department of personnel including those relating to overtime, vacations and sick leaves have been observed.
(j) 
Investigate the operation and effect of the personnel provisions of this Charter and the rules and regulations adopted thereunder and report at least annually his findings and recommendations to the mayor and council.
(k) 
Serve as secretary of the employee retirement board and be responsible for the maintenance of its records.
(l) 
Perform such other duties as may be assigned to him by ordinance.
(Approved at referendum 11/3/1998; Res. No. 2014-13, § 4, 4/28/2014, approved by referendum 11/4/2014)
All original appointments in the classified service shall be made from eligible lists certified by the director of personnel except as provided in subsections (d) and (e) of section 14.06. Appointments to higher positions in the classified service shall be made as provided in section 14.08. All original appointments shall be made for a probationary period the conditions of which shall be determined by the rules and regulations of the department, provided that no probationary period shall exceed one year. Members of the classified service shall be subject to such disciplinary action including removal as may be ordered by the officer having the power of appointment to the position held by the person to be disciplined, as limited by the right of appeal hereinafter provided. Prior to the end of the probationary period of any employee, the employee's service may be terminated by such officer with the approval of the director of personnel if they are of the opinion that the employee does not possess the qualifications required by the position. Upon the conclusion of the probationary period no member of the classified service shall be suspended for more than ten days, reduced in rank or pay or removed except after notice in writing of the grounds of the proposed action and an opportunity to be heard thereon by the personnel appeal board. If within five days after the receipt of such notice the employee shall in writing addressed to the personnel appeal board request a hearing the board shall fix a time and place for such hearing to be held not earlier than five nor later than ten days after receipt of such request and notify the employee thereof. The hearing may be public at the option of the employee and the employee may be represented by counsel or by some other person of the employee's own choosing. The personnel appeal board may sustain, reverse or modify the disciplinary action appealed from and may order the restoration of pay lost during the pendency of the appeal.
(Approved at referendum 11/3/1998; Res. No. 2014-13, § 5, 4/28/2014, approved by referendum 11/4/2014)
Vacancies in higher positions in the classified service shall be filled as far as practicable by promotion from a lower class of position upon the basis of competitive examinations including a consideration of service ratings, provided that in case the director of personnel with the approval of the mayor directs any such position may be filled on the basis of competitive examination open not only to members of the classified service but to persons not in service of the city. All examinations for the purpose of filling higher positions in the classified service shall be conducted by the director of personnel in accordance with the rules and regulations of the department and the director of personnel shall certify to the appointing authority a list of candidates in descending order from highest to lowest passing the examination. The appointment shall be made in the discretion of the appointing authority to the candidate who possesses a test and/or evaluation score in the top three of those that have tested for the position, unless specified otherwise by a collective bargaining agreement.
(Res. No. 05-33, 7/25/1905, § 1, approved at referendum 11/7/1906; approved at referendum 11/3/1998; Res. No. 2014-13, § 6, 4/28/2014, approved by referendum 11/4/2014)
The following practices are prohibited:
(a) 
Discriminating against any person in the classified service or seeking employment therein because of his political opinions or affiliations or because of his race, national origin or religious belief.
(b) 
Willfully or corruptly making any false statement, certificate, mark, grade, rating or report in regard to any examination or test held or certification or appointment made under the provisions of this chapter or in any manner committing or attempting to commit any fraud preventing the impartial execution of such provisions or the rules and regulations established thereunder.
(c) 
Continuing in the active classified service of the city after becoming a candidate for nomination or election to any partisan public office. Any classified employee becoming a candidate for nomination or election to any partisan public office shall be granted a leave of absence without pay to continue during the period of his candidacy but not to exceed one year.
(d) 
Giving, rendering or paying any money, service or other valuable thing for, on account of or in connection with an appointment, promotion or proposed appointment or promotion.
(e) 
Soliciting or being in any manner concerned in soliciting any assessment, subscription or contribution to any political organization or purpose whatever from any person in the classified service of the city.
(f) 
While a member of the active classified service:
(1) 
Making directly or indirectly a contribution to the campaign funds, except when allowed by federal law, of any partisan political organization or partisan candidate for public office, or
(2) 
Taking a major part in the management of any partisan political organization or a major role in the conduct of any partisan political campaign further than in the exercise of the rights of a citizen to express his opinion and to cast his vote.
(g) 
Electioneering in any city office, building or premises during office hours. Any officer or employee of the city willfully violating any of the provisions of this section, shall be removed from such office or employment. If any councilmember shall willfully violate any of the provisions of this section, the member's seat on the council may be declared vacant by a majority vote of all the other councilmembers, after a public hearing. The seat so declared vacant shall be filled according to the provisions of this Charter.
(Res. No. 73-122, 6/25/1973, § 17, approved by referendum, 8/7/1973; approved at referendum 11/3/1998)
Unless otherwise specifically provided in this Charter or other applicable law, all regular and full-time officers and employees of the city in both the classified and unclassified services, may reside outside the City of Cranston, but within the State of Rhode Island.
(Res. No. 73-120, 6/25/1973, § 12, approved by referendum 8/7/1973; Res. No. 74-170, 11/25/1974, approved by referendum 6/24/1975)
All members of the classified service at the effective date of this Charter shall continue as members of the classified service under this Charter and shall retain the positions then held or equivalent positions until they are separated therefrom by death, resignation, promotion, demotion or removal, as provided in this Charter for members of the classified service. All regular and permanent officers and employees of the police and fire departments and the fire alarm department shall upon the effective date of this Charter become members of the classified service and as such shall enjoy the same protected tenure as other members of the classified service without reduction in pay or loss of pension rights. Other members of the unclassified service at the effective date of this Charter shall continue to hold their positions only until the end of the terms for which they were appointed and the appointment and qualification of their successors. Where, however, this Charter or an ordinance provides for an equivalent or similar position in the classified service the former holder of such position shall be eligible to enter the competitive examination which must be given to fill the position and in such examination consideration shall be given to service records and experience.
Collective bargaining shall be conducted by the corporate authorities as designated by state law. The mayor shall meet with the council in executive session before the start of union negotiations in order to review the city's proposals and strategy and to seek the council's advice on the city's bargaining position.
No collective bargaining agreement between the City of Cranston and any labor organization shall become effective unless and until ratified by the Cranston City Council by Ordinance. Each contract, before submission to the City Council, shall contain a fiscal impact analysis for each fiscal year of the proposed agreement, and at least one public hearing shall be held prior to City Council ratification of any contract. The proposed agreement and fiscal impact analysis must be made public, including posting on the City's website, at least 72 hours prior to a vote for ratification.
Any collective bargaining agreement which fails to comply with the posting, hearing or ratification requirements of this Section will be null and void and unenforceable.
(Approved at referendum 11/3/1998; Res. No. 2010-42, §§ 1, 2, 5/24/2010, approved at referendum 11/2/2010)