A. 
Regular employees who are scheduled to work at least 20 hours each week shall participate in insurance and medical benefit programs established either by the mayor or under an approved collective bargaining agreement. The director may establish programs allowing employees with other health insurance coverage to opt-out of the health insurance coverage available through the municipality upon conditions and criteria determined by the director. Benefits under programs established by the mayor shall continue to be in effect during absences due to:
1. 
Paid leave;
2. 
Up to three months of medical leave; and
3. 
Approved leave without pay when the employee pays the insurance premium.
B. 
The director shall provide for distribution of information and applications to all employees eligible to participate in insurance benefits and provide for payroll deductions to meet the expense of employee contributions, when applicable. The human resources department shall provide all eligible employees with applications and information concerning these programs and provide for payroll deductions to cover the employee's premiums, where applicable.
(AO No. 79-195; AO No. 86-207(S-1); AO No. 2010-51, § 1, 7-13-2010; AO No. 2019-42, § 2, 4-23-2019)
The municipality offers, as part of its employee development program, educational and training assistance payment for certain college courses and other training opportunities of benefit to the organization. Guidelines for participation and administration of educational and tuition assistance shall be established through the mayor's policies and procedures.
(AO No. 79-195; AO No. 86-207(S-1))
Whenever a professionally or technically trained person changes place of residence for the purpose of accepting employment with the municipality, such person may be reimbursed for actual and necessary expenses in accordance with written provisions as established by the mayor, except that chair of the assembly may provide for the reimbursement for actual and necessary expenses for assembly-appointed executive employees in accordance with written provisions established by the assembly.
(AO No. 79-195; AO No. 2022-79, § 1, 9-27-2022)
A. 
No employee shall engage in any other employment other than that assigned by the municipality, whether public, private or self-employment, during scheduled work-hours, nor outside scheduled work-hours if such employment conflicts with the municipality's interests or adversely affects the employee's availability or productivity.
B. 
Any employee intending to do business with the municipality shall notify the director in writing of the proposal, at the time of his or her application to the municipality. The director may recommend for or against the application according to the concept of conflict of interest.
(AO No. 79-195)
No disbursing or auditing officer of the municipality shall make or approve or take any part in making or approving any payment for personal services to any person holding a position in the classified service unless the director or his or her authorized agent has certified that the persons named therein have been appointed and employed in accordance with the provisions of the classification and pay plan and this chapter.
(AO No. 79-195)
A. 
No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment held or made, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or the rules and regulations.
B. 
No person seeking appointment to, or promotion in, the classified service shall either directly or indirectly give, promise, render or pay any money, service or other valuable thing to any person for, or on account of, or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion.
C. 
No employee of the municipality, examiner or other person shall defeat, deceive or obstruct any person in his or her right to examinations, eligibility certification or appointment under this chapter, 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 classified service.
D. 
Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline or any other aspects of personnel administration because of political or religious opinions or affiliations or because of race, color, creed, sex, religion, national origin or ancestry, age and disability, except where physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration, is prohibited.
(AO No. 79-195)
It is the responsibility of each municipal employee to remain free from indebtedness or favors which could tend to create a conflict of interest on the part of such employee. If an employee is tendered or offered a gift or gratuity under circumstances which could reasonably be construed to create the appearance of a conflict of interest, he or she shall immediately report such offer to his or her supervisor, who shall in turn inform the agency head and the director. Any employee who knowingly accepts any gift or gratuity without the prior approval of the director in violation of this section shall be subject to immediate dismissal from municipal service.
(AO No. 79-195)
A. 
Definitions. As used in this section:
"Director"
means the Director of Employee Relations or designee.
"Employment decisions"
means actions such as appointment, hire, re-hiring, transfer, promotion, demotion, work assignments, classification, hours of work, compensation, separation and other similar employment actions.
"Participation"
means participation in a process in which a decision or recommendation is reached.
"Performance decisions"
means actions such as probation, evaluations, recommendations, coaching or counseling, allegations of misconduct, disciplinary actions, and investigations.
"Primary relative"
means any person who, by blood, marriage or adoption, including in-laws and step-relatives, is the spouse, child, sibling, parent, grandparent, or grandchild of an applicant or employee and any person who lives in the same household as an applicant or employee.
"Related employee"
means an employee with a primary or secondary relative employed by the municipality.
"Secondary relative"
means any person who, by blood, marriage or adoption, including in-laws and step-relatives, is the aunt, uncle, niece, nephew, or first cousin of an applicant or employee.
"Senior employee"
means the employee that is the higher relative in terms of classification.
"Subordinate employee"
means the employee that is the lower relative in terms of classification.
B. 
Policy. Except as otherwise provided in this section, an applicant who is otherwise qualified may not be denied appointment to a municipal position or continued employment with the municipality because the applicant's primary or secondary relative is employed by the municipality.
C. 
Management.
1. 
Employment decisions.
a. 
A related employee may not participate in a decision involving a primary or secondary relative.
b. 
A related employee may not participate in a decision if a related employee is a decision maker.
c. 
The director shall participate in a decision involving a primary relative of the agency head. The final decision requires approval of the director.
d. 
The director's approval shall be required in a final employment decision involving a secondary relative of the agency head.
2. 
Performance decisions.
a. 
For purposes of this subsection, participation shall include (i) when the primary or secondary relative is the subject of the performance decision, or (ii) when the primary or secondary relative is a witness in a performance decision.
b. 
A related employee may not participate in a decision involving a primary or secondary relative.
c. 
A related employee may not participate in a decision if a related employee is a decision maker.
d. 
The director shall participate in a final performance decision involving a primary relative of the agency head. The final decision shall require the approval of the director.
e. 
The director's approval shall be required in a performance decision involving a secondary relative of the agency head.
f. 
In a performance decision involving a law enforcement investigation, the senior employee shall not participate in the investigative process, including:
i. 
The decision to initiate an investigation;
ii. 
Management oversight of the investigation;
iii. 
Determination of findings;
iv. 
Participation in disciplinary hearings including Loudermill or other proceedings under AMC Chapter 3.30; and
v. 
The final decision shall be made by the agency head, or if the agency head is the related relative, by another employee higher than the agency head in the chain of command established by Chapters 3.20 and 3.30.
3. 
Supervision.
a. 
There may not be less than two intermediate supervisors between a senior employee and a subordinate employee, whether primary or secondary relatives.
b. 
Current relative employee relationships that would be prohibited under subsection C.3.a are grandfathered; however, related employees must meet the requirements of subsection C.3.a. for a new assignment, appointment, or position.
4. 
Temporary appointment, assignment, or continued employment.
a. 
The director may authorize in writing a temporary appointment or assignment to or continued employment in a position directly supervised by a relative, if the director finds the appointment, assignment, or continued employment is of short duration and no reasonable alternative is available.
5. 
Management of conflicts.
a. 
With respect to new appointments or assignments of either current or new employees, the director must first determine that appropriate measures can be implemented so that the appointment or continued employment is not likely to adversely affect or unduly impair or conflict with the efficient functioning of the agency or agencies, the chain of command, work product, work product review or approval, work place morale, supervisory or lead responsibilities in the agency or agencies, shift or work assignments, or other relevant or material job related factors.
b. 
With respect to continued employment or assignments not involving any appointment, the director must first determine that the continued employment or assignment will more than likely not adversely affect or unduly impair or conflict with the efficient functioning of the agency or agencies, the chain of command, work product, work product review or approval, work place morale, supervisory or lead responsibilities in the agency or agencies, shift or work assignments, or other relevant or material job related factors.
6. 
Corrective action. The director may correct appointments, assignments, and continued employment by transfer, layoff, demotion or termination of employment.
a. 
The director shall take such corrective action which has the least adverse impact on the employees necessary to cure the prohibited appointment or continued employment, provided such corrective action shall always be in the best interests of the municipality.
b. 
An employee who creates a relationship subject to this section shall be subject to transfer, layoff, demotion or termination of employment only when the director determines such to be necessary in the best interests of the municipality.
7. 
Disclosure. Applicants and employees with primary or secondary relatives in any agency [as the applicant or employee or applicants and employees with a primary or secondary relative shall timely disclose to the director:
a. 
The names and relationship to any employee of all primary or secondary relatives, including the existence of such relationships not previously reported;
b. 
The creation of a relationship which results in another employee becoming a primary or secondary relative; and
c. 
Any change in the information required to be provided under this subsection C.7.
8. 
Concerns and questions regarding compliance with this chapter shall be reviewed by the director.
(AO No. 79-195; AO No. 99-82(S), § 2, 6-15-1999; AO No. 2009-107, § 1, 9-15-2009; AO No. 2017-78(S), § 1, 5-23-2017)
An employee who is elected a mayor, as a member of the assembly or of the school board, a state governor or lieutenant governor, or to a national elected political office shall immediately resign from municipal employment. In this section, the term "elected" means the status of a candidate upon certification of a local election or at the time the candidate is sworn into state or national office following an election.
(AO No. 79-195; AO No. 86-207(S-1); AO No. 2025-20, § 1, 2-11-2025; AO No. 2025-67, § 2, 6-10-2025)
A. 
All municipal employees, including those employed by a municipal authority or utility, are responsible for following federal and state occupational safety and health regulations and municipal law and policy regarding occupational safety and health.
B. 
Whistleblower protection. Any employee making a complaint of a perceived safety violation to their director, safety officer, or any other person, shall not be subjected to any adverse employment action because of such act and shall have the rights and be entitled to relief as a whistleblower under chapter 3.75 and section 1.60.120. If a director or supervisor takes any adverse employment action against an employee protected by this section, the employee may bring an action in the appropriate court for such relief as provided by chapter 3.75 and section 1.60.120.
(AO No. 86-207(S-1); AO 2023-38(S), § 3, 4-18-2023)