It is the fundamental policy of the City of
Colonial Heights that a fair and uniform Personnel Management System
be established for its employees in order to ensure the most effective
provision of services to the community. It shall be the policy of
the City of Colonial Heights that:
A.
Employment shall be based on merit and fitness, without
regard to sex, race, religion or political affiliation.
B.
Just and equitable incentives and conditions of employment
shall be established and maintained.
C.
City employees shall be paid in relation to the value
of the work they perform and that performance shall be a major factor
in justifying salary adjustments and increases.
The following terms, unless a contrary meaning is required by the context or is specifically otherwise prescribed, shall have the following meanings for the purpose of this Part 1:
An absence from duty which was not authorized or approved
and for which either a leave request was not made or for which such
request was denied.
The initial date of employment of an employee which does
not change during employment in that position.
Procedures as prescribed by these regulations for appealing
disciplinary actions, employee evaluations and other individual grievances.
An individual who has applied or is applying, in writing,
on a City application and in accordance with prescribed procedures
for employment with the City of Colonial Heights.
A group of positions with substantially equal skill levels
and responsibilities sufficient to justify the same pay range.
The process of classifying City positions whereby positions
having substantially equal skills and responsibilities are of the
same class. "Classification" allows an arrangement of positions whereby
equal pay is given for substantially equal responsibilities and authority.
The time credited to employees in lieu of overtime pay when
they are required to work in excess of their normal workweek.
The funds deducted from employees' pay for insurance, credit
union and other voluntary deductions.
A type of disciplinary action which lowers the rank and pay
of an employee of the city.
A major functional unit of the city.
Action which may be taken by a department head when an employee
fails to follow the rules and regulations of his department or the
personnel rules of the City. The types of disciplinary actions are
oral reprimand, written reprimand, suspension, demotion and dismissal.
A type of disciplinary action which separates an employee
from the City service for cause.
A person working in the service of the City of Colonial Heights
in one of the following capacities:
PERMANENT PART-TIME EMPLOYEEA permanent employee who, on a regular basis, works less than a full workweek.
PROBATIONARY EMPLOYEEA new employee appointed to a regular classified position, or an employee promoted, who is required to successfully serve a probationary period.
REGULAR EMPLOYEEAn employee working full time who was appointed under these regulations and who has satisfactorily completed his probationary period.
SEASONAL EMPLOYEEAn employee whose employment in a position is limited to four consecutive calendar months or less in any twelve-month period.
[Amended 11-13-2014 by Ord. No. 14-17]
TEMPORARY OR EXTRA EMPLOYEEAn employee whose employment is caused by short-term unusual circumstances.
The program of counseling employees on what can be done to
assist the employees in becoming more effective on and off the job;
relates to employee evaluation and employee improvement.
The interaction of employee counseling, employee evaluation
and employee improvement.
The system for evaluating employees' performance. Relates
to employee improvement and employee counseling.
A person who is exempt from rules and regulations of the
Fair Labor Standards Act because of his/her assigned duties and responsibilities.
All types of training and educational programs that improve
the quality of service of the employee and improve his chance for
advancement.
A person who is covered by all rules and regulations of the
Fair Labor Standards Act.
One of the tools that may be used for filling positions;
includes tests of physical skills, performance, aptitude, knowledge
and psychological factors.
See the definition of "grievance" in § 51-78 of this chapter.
Any employee who, in his official capacity, is authorized
by law to make arrests.
A separation from City service of an employee because of
a shortage of funds, materials or work.
The excused absence with or without pay of an employee for
a period of time during which he retains the right to return to his
position.
The excused absence, with or without pay, for the period
of time while under a doctor's care for the purpose of childbirth,
said leave to be with pay until all sick leave or annual leave is
exhausted.
The days of absence with pay granted, as required by law,
to employees who are members of a United States Military Reserve,
National Guard or Naval Militia unit.
Authorized time worked in excess of the regular workweek
for which monetary compensation or compensatory time off is authorized.
A minimum to maximum amount within which an employee whose
job class is assigned to that salary range is usually paid.
[Amended 6-10-1997 by Ord. No. 97-4]
A group of duties and responsibilities assigned or delegated
by appropriate authority, requiring the services of a full-time or
part-time employee.
The designated period of time after an applicant is appointed
or an employee is promoted in which the employee is required to demonstrate
his fitness for the position by actual performance.
The act of being raised in position or rank based upon job-related
merit and fitness.
The act of auditing and redefining the principal duties of
a position with a corresponding adjustment to its relative location
in the classification plan.
A type of disciplinary action, oral or written, denoting
a less serious violation of personnel rules which becomes a permanent
part of the employee's personnel record.
Length of service with the City in the classified service.
Any type of action whereby an employee is removed from the
City service.
An absence approved by the department head or supervisor
due to nonoccupational illness or injury.
Any individual having authority, on behalf of the city, to
assign, direct or discipline other employees in connection with their
employment, the exercise of which authority required the use of independent
judgment.
Any one shift in which a department is open for business
or at which time an employee is scheduled to work.
The number of hours regularly scheduled to be worked during
any seven consecutive days.
The specific salary objectives of the city's
Personnel Management System shall be to:
A.
Establish and maintain a sound salary structure which
will attract and retain qualified employees.
B.
Establish and maintain salary ranges which will assure
internal equity of compensation based on systematic evaluation of
each job.
C.
Maintain the salary structure in proper relation to
competitive pay practices in the local labor market in which the City
competes.
D.
Assure each City employee a performance and salary
review at specified intervals.
E.
Provide an effective control of salary payments on
a uniform basis and to furnish City management with a consistent and
effective means of recognizing and rewarding improved and outstanding
performance.
A.
The City Council or its appointed City Manager are
empowered under the Charter and the Code of the City of Colonial Heights
to establish departments, employ personnel and set salaries.
B.
The City Manager has authority to take appropriate
action in dealing with cases of violation of the established rules.
The City Manager is designated as Personnel Officer and is responsible
for personnel administration for the City. He shall make public complete
sets of all rules and changes thereto and shall maintain a complete
set of current rules for the use of all employees under his supervision.
C.
Notwithstanding any provision of this article to the
contrary, the Personnel Board shall exercise such authority as is
provided by law. For this purpose, a copy of all said rules shall
be filed in the office of the City Clerk.
The City Council recognizes that all cities
are subject to the Fair Labor Standards Act, and if any conflict exists
with reference thereto, the provisions of said Act shall take precedence
over the provisions of these rules and regulations.
All officers and employees of the City shall
be divided into the classified and unclassified service. Unclassified
service shall include the following:
A.
Officers elected by the people and persons appointed
to fill vacancies in elective offices.
B.
The members of boards and commissions, all officers
appointed by the Council, and any of their deputies, appointees, assistants
or employees designated by Council as in the unclassified service,
and persons appointed by officers elected by the people.
C.
Magistrates and judges, provided for in the Charter.
D.
The Assistant City Manager, if there is one.
E.
Employees of the school board, provided that any class
of such employees may be transferred to the classified service on
the request of the school board.
F.
Assistant City attorneys, special counsel and technical
advisors employed by the City Attorney.
G.
Licensed physicians and dentists employed by the City
in their professional capacities.
H.
Persons temporarily employed in a professional or
scientific capacity or to conduct a special inquiry, investigation,
examination or installation, if the Council or the Manager certifies
that such employment is temporary and that the work should not be
performed by employees in the classified service.
I.
Per diem employees.
A.
The City Manager shall recommend to the City Council
the assignment of position to classes in a job classification and
pay plan. Each position in the classified service shall be assigned
to a pay range on the basis of the level of duties and responsibilities.
The assignment of an individual position to an appropriate class of
positions is on the basis of the kind, difficulty, required skill
and responsibility of the work to be performed.
[Added 7-11-2006 by Ord. No. 06-22]
A.
As to the following subjects, and no others, appointees
and employees of City Constitutional Officers and the Electoral Board
shall be subject to the provisions of this chapter on the same terms
and conditions as City classified employees:
(1)
Incorporation into the City's Classification and Pay
Plan;
(2)
Accrual and use of the following types of leave: annual,
sick, compensatory, bereavement, military and court;
(3)
Participation in the City sick leave bank;
(4)
Observance of City holidays and maintenance of office
hours; and
(5)
Eligibility and receipt of cost of living salary increases
and merit (i.e., "pay for performance") salary increases; provided,
however, that any state funds for salary increases received by the
City shall be used to reimburse the City up to the maximum allowable
amount.
B.
Nothing provided for in Subsection A of this section alters the scope, nature, or duration of employment of appointees and employees of City Constitutional Officers and the Electoral Board; and they remain "at will" appointees or employees of the Constitutional Officers and the Electoral Board.
C.
Appointees and employees of City Constitutional Officers and the Electoral Board are not eligible to use the City grievance procedure provided for in Part 2 of this chapter.
D.
The City's Department of Human Resources shall, upon
request, assist City Constitutional Officers and the Electoral Board
with personnel matters, including appropriate forms to evaluate the
Officers' and Board's appointees and employees. However, the Constitutional
Officers and the Electoral Board shall have ultimate decision-making
authority regarding the hiring, evaluation (including consideration
of merit salary increases), promotion, demotion, reclassification,
transfer, discipline, or termination of their appointees and employees.
E.
Nothing provided for in this section shall be construed
as meaning that City Constitutional Officers are in classified service;
and such Officers function in wholly unclassified service to the City.
Personnel rules and regulations are developed
and adopted to provide for the recruitment and development of the
best available employee for each position in the classified service
at all times. The regulations provide for establishing orderly procedures
for administering the Personnel Management System in such a way so
as to ensure that:
A.
Employment in the classified service shall be made
attractive as a career.
B.
All appointments and promotions to positions in the
classified service shall be on the basis of merit and fitness which,
as far as it practicable, shall be determined by means of job-related,
fair and competitive standards.
C.
The position classification and compensation plan
will conform to the principle of equal pay for equal work under like
working conditions.
D.
A performance rating system be provided whereby economy
and effectiveness in personnel services may be promoted to the mutual
benefit of the employees, officials and taxpayers.
E.
Each employee in the classified service shall be encouraged
to render his best service at all times.
These regulations are intended to cover personnel
problems and actions for which the City Manager is responsible. Those
not specifically covered shall be addressed by the City Manager, in
keeping with his interpretation of the intent of these regulations.
[Amended 6-14-1994 by Ord. No. 94-12]
A.
A standard procedure for receiving applications for
vacant positions is established for the City of Colonial Heights.
All applicants for vacant positions must provide complete information
as required on an employment application form. A standard application
form shall be provided for all classes of positions; however, supplementary
forms may be required for certain positions. Additional data may be
required for some positions in order to determine if specifically
required qualifications are met.
B.
Applicants for employment, including existing employees
applying for vacant positions, may be required to have a physical
examination at any time and as a condition to employment. Applicants
for law-enforcement and safety-sensitive positions, and certain other
positions as deemed necessary by the City Manager, shall be subject
to a substance abuse screening. Failure to meet physical requirements
or a positive substance abuse screening, or the refusal to consent
to or to take a required test, shall preclude the applicant from further
consideration for that position.
C.
Where other standards or requirements for a particular
position are established, all applicants shall be required to meet
those standards as a condition of employment. Any standards developed
must have the approval of the City Manager before being adopted and
shall then be added to the applicable position or class description.
Any substitution for or deviation from such additional established
standards must have prior approval of the City Manager. The Manager
may establish and must approve any tests or examinations which are
developed to determine whether or not an applicant or employee meets
established standards.
D.
The City Manager shall publicize vacancies to be filled
and encourage qualified employees to apply for higher classifications.
Department heads shall examine applications and applicants for employment
and recommend applicants for appointment to vacancies existing within
their departments. Appointment shall be made on the basis of ability,
training and experience without regard to age, race, color, religion,
sex, national origin or political preference. The City Manager shall
appoint all employees under this authority. The length and manner
of public advertising of vacant positions shall be determined by the
Manager consistent with current requirement.
[Added 10-11-2005 by Ord. No. 05-18[1]]
This section is enacted pursuant to §§ 19.2-389
and 15.2-1503.1, of the Code of Virginia (1950), as amended, for the
purpose of determining if the past criminal conduct of applicants
for service with the City would be compatible with the nature of the
contemplated service.
A.
Any person seeking employment with the City, whether
remunerated or not, shall submit to, as a pre-requisite for consideration,
a criminal background check.
B.
Applicants shall, if requested provide such information
as may be necessary to conduct such criminal background check, to
include but not limited to, fingerprints or other personal descriptive
information or data. The submission of false, misleading or incomplete
information, or the refusal to provide all requested information,
shall render an applicant ineligible for service with the City.
C.
Those applicants whose service would potentially place
them in a position to provide care, treatment, education, training,
instruction, supervision, or recreation to children, the elderly,
or the disabled shall be required to have their fingerprints taken
by the Colonial Heights Police Department.
D.
The Colonial Heights Police Department shall transmit
the information necessary for a criminal background check, along with
the appropriate fees and fingerprint cards if any, to Virginia's Central
Criminal Records Exchange who shall return the results to the Police
Department.
E.
The Police Department shall forward the results of
the criminal background check to the City Manager and/or designee
who shall render a fitness determination.
F.
Except as specifically authorized by the City Manager,
an applicant shall be presumptively disqualified if he:
(1)
Has been convicted of or is under pending charges
for:
(a)
Any felony offense;
(b)
Any offense involving the use or threat of force;
(c)
Any offense involving the use, possession, or
distribution of any controlled substance or conspiring to do so;
(d)
Any offense that is sexual in nature;
(e)
Any offense that constitutes a crime of moral
turpitude;
(f)
Any other offense which the City Manager, in
his sole discretion, concludes would adversely bear on the applicant's
ability or fitness to serve; or
(2)
Has been the subject of a founded child abuse or neglect
complaint.
G.
Any applicant prevented from engaging in service to
the City because of the information appearing in his criminal history
record shall be notified that information obtained from the Central
Criminal Records Exchange contributed to such denial. Should the applicant
seek to amend or correct his record, he must contact the Central Criminal
Records Exchange for a Virginia record or the Federal Bureau of Investigation
for records from other jurisdictions maintained in its file.
H.
The criminal record information shall not be disseminated
except as provided for in § 15.2-1503.1 of the Code of Virginia,
1950 as amended.
I.
Nothing contained herein shall prevent City departments
from conducting any other background check that may be deemed advisable
or that may be required by law.
[1]
Editor's Note: This ordinance also contains
Exhibit A, Criminal Background Check Rules and Regulations. Said Exhibit
A is on file in the office of the City Clerk.
A.
The responsibility and authority for the enforcement
and administration of the rules and regulations set forth herein are
vested in the City Manager.
B.
Department heads and supervisors are responsible for
bringing to the attention of the City Manager any material change
in the nature of duties, responsibilities, working conditions or other
factors affecting the classification of any position. Following receipt
of such information, the Manager may cause a study of the position
and determine if the classification should be changed.
C.
The City Manager shall assign new positions to the
existing classes or to new classes of positions in the City service,
subject to review and approval of the City Council.
