[HISTORY: Adopted by the City Council of the City of New Carrollton 9-17-2014 by Ord. No. 15-02. Amendments noted where applicable.]
Editor's Note: This ordinance also provided for the repeal of former Ch. 23, Personnel Policies, Art. I, Grievances, adopted 4-16-1975 as Ch. 25 of the 1975 Code.
The purpose of this chapter is to establish for the City of New Carrollton, Maryland, a system of personnel administration governing the appointment, promotion, transfer, layoff, removal, discipline, and welfare of its employees; an employment contract is neither expressed nor implied by the contents of this chapter.
The provisions of this chapter shall be known as, and can be cited as, the "City of New Carrollton Personnel Ordinance," or simply the "Personnel Ordinance." Whenever the language included in this chapter refers to the Personnel Ordinance, it shall be construed as referring to the provisions of this chapter, in its entirety.
Maryland Local Government Code Ann., § 5-206 "Legislative authority -- Officers and employees," and the Charter of the City (§ C-11) authorize the City to provide for a merit system regulating the appointment, removal and conditions of employment for all City officers and employees not elected or appointed under the Maryland Constitution, public general or public local laws of the State of Maryland.
This Personnel Ordinance does not limit the authority of the City to exercise prerogatives necessary to regulate the competent and efficient management and operation of City government. These prerogatives shall include the authority to direct and assign the work of City employees, including but not limited to the authority to appoint, promote, transfer, and reassign. Such prerogative shall not be construed as an exclusive enumeration nor as a waiver of any authority not specifically enumerated above or elsewhere in this chapter, whether or not exercised prior to its effective date.
The Mayor, as the Chief Executive Officer of the City, is granted the authority to execute, interpret, and enforce all provisions of this Personnel Ordinance. As part of any current or future departmentalization of the City government, the Mayor is authorized to delegate any such powers as he shall deem necessary or expedient to department heads, or specific staff. Nothing in this Personnel Ordinance shall limit the authority of the City, or the Mayor as the executive thereof, to engage contractors to execute any powers or responsibilities as set forth herein. Unless the Mayor appoints another person to fulfill the role, the Mayor shall automatically be considered the department head of all employees who work in City Hall or who otherwise work in or for the Office of the Mayor.
The scope of this Personnel Ordinance includes statements of policies and procedures which govern personnel administration for all employees compensated by the City. This Personnel Ordinance does not contain all terms and conditions of employment and is not to be interpreted as a contract or as the full scope of the employment relationship. This Personnel Ordinance does replace, in their entirety, any and all employment policies adopted by prior ordinance, which were known as "Personnel Policies."
The City Council shall:
Adopt by resolution personnel policies and procedures in conformity with and in furtherance of this chapter, the City Charter and federal and state law.
Approve, establish, modify or abolish all positions or classes of positions; provided that, in connection with the adoption of the annual budget for the City, the Council shall approve all proposed positions.
Approve, establish or modify all salary schedules for classes of positions. The compensation plan shall take effect either by ordinance of the Council or by adoption as part of the annual budget of the City.
From time to time, amend, supplement, change, modify, or repeal any of these policies and procedures not consistent with the provisions of the Annotated Code of Maryland. Changes in job titles and classification and changes in the authorized staffing level shall not be considered amendments to the Personnel Ordinance and need not be done by a resolution or ordinance of the City Council.