[Added by Ord. No. 85-38]
This article shall be known and may be cited as the "Personnel Management Ordinance of the City of Evanston, Wyoming."
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
- The City of Evanston, Wyoming.
- CITY COUNCIL
- The council or governing body of the City of Evanston, Wyoming, including the mayor.
- The several organizational units of the city through which its services and programs are performed
- DEPARTMENT HEAD
- The appointed person who has direct supervision and responsibility for any City department.
- A full-time employee of the City.
- MAYOR OR CHIEF EXECUTIVE
- The mayor of the City of Evanston, Wyoming.
- PERSONNEL ADMINISTRATOR
- The clerk/employee of the City of Evanston, whose duty is to administer the personnel ordinances and regulations and policies of the City council.
The City shall adhere to the spirit of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 as amended. These following items shall assure full compliance with these laws:
All employees and applicants for employment are afforded equal opportunities based upon their qualifications without regard to race, color, sex, religion, national origin, political affiliation, age, veteran's status or physical handicap, except where the same constitute a bona fide occupational qualification. The foregoing applies in all decisions relating to personnel, including recruitment, selection, training, placement, compensation, discipline, promotion, transfer, demotion, layoff and termination.
All solicitation or advertisements for employment will comply with this section and shall include the phrase "an equal opportunity employer."
Private and public employment agencies will be advised to routinely refer applicants without regard to age, sex, race, religion, color, national origin, veteran's status, political affiliation or physical handicap.
All positions will be open to any individual based solely on that individual's qualifications and ability.
The selection of employees to be trained for a job will be based upon their qualifications and the skills required for the job.
Every department head will provide equal pay for equal work and insure that individual compensation is based solely upon the job held and the merit of the individual within the job. Employees will have the latitude to move from job to job, progressing within the approved salary ranges without regard to any criteria other than qualifications, merit and performance.
The City will not segregate any work facility, unit or function based upon race, color, sex, religion, political affiliation, national origin, age, veteran's status or physical handicap.
Language that may offend the dignity of any employee is prohibited. Verbal abuse, racial/ethnic jokes, religious or age-related slurs or harassment which depend upon the use of degrading cultural comments or sex role stereotypes violate this policy. Offending employees are subject to disciplinary action, including discharge.
Employees are encouraged to file an internal EEO discrimination complaint if they feel they have experienced discrimination. The objective of this process is to resolve complaints of the discrimination fairly and informally within the City while maintaining the dignity of all concerned. Employees may file these complaints without fear of retaliation.
Department heads and supervisors are evaluated in the annual performance review on their results in complying with this equal employment opportunity policy.
This policy will be incorporated in manuals, employee handbooks and publications.
The personnel administrator will provide information to department heads and supervisors and are available for consultation on a potential equal opportunity or affirmative action program problems.
The personnel administrator shall be available for employee counseling. Employees who feel they may have experienced discrimination because of race, color, sex, national origin, political affiliation, age, religion, physical handicap or veteran's status may contact the personnel administrator. Every employee contact will be treated confidentially.
No department head or supervisor is to retaliate against an employee who requests equal employment opportunity counseling from the City.
A department head may remove or discharge employee as provided in Wyoming Statutes, section 15-1-103.
An employee who is removed or discharged shall be given written notice of the reasons for the action, a copy of which notice shall also be placed in the employee's personnel file and will not be released except upon the request of the employee.
An employee may request a hearing on the removal or discharge by filing a written request for review with the City council. The request for a hearing must be filed with the clerk within ten days from the giving of the notice required in subsection B hereof. The filing of a request for hearing shall not constitute grounds for delaying the removal or discharge.
Upon the filing of a written request for review, the City council shall establish a time and place for a hearing and shall give written notice of the hearing to any person who is the subject of the removal or discharge and interested supervisor or department head. The hearing shall be held no less than ten nor more than thirty days after the personal service or the mailing by certified or registered mail of the notice of time and place of said hearing.
Hearings shall be conducted in an informal manner, and evidence may be presented upon any facts or circumstances pertinent to or applicable to such charges. All hearings shall be open to the public unless the person who is the subject of the removal or discharge request in writing that it be closed. Proceedings shall be conducted in conformance with the City council's rules of practice and procedure as from time to time shall be in effect.
It is the intent of the City council to provide a framework by this article from which policies and procedures for employees may be drawn. To that end, the City council authorizes a formal employee policy and procedure manual to be adopted consistent with this article, which manual may from time-to-time be modified or otherwise amended by resolution of the council.