[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.
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.
The mayor of the City of Evanston, Wyoming.
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:
A.
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.
B.
All solicitation or advertisements for employment
will comply with this section and shall include the phrase "an equal
opportunity employer."
C.
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.
D.
All positions will be open to any individual based
solely on that individual's qualifications and ability.
E.
The selection of employees to be trained for a job
will be based upon their qualifications and the skills required for
the job.
F.
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.
G.
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.
H.
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.
I.
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.
J.
Department heads and supervisors are evaluated in
the annual performance review on their results in complying with this
equal employment opportunity policy.
K.
This policy will be incorporated in manuals, employee
handbooks and publications.
L.
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.
M.
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.
N.
No department head or supervisor is to retaliate against
an employee who requests equal employment opportunity counseling from
the City.
A.
A department head may remove or discharge employee
as provided in Wyoming Statutes, section 15-1-103.
B.
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.
C.
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.
D.
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.
E.
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.
