Loading...
HomeMy WebLinkAbout111-89RESOLUTION NO. 111 - 89 A RESOLUTION OF THE TOWN OF DANVILLE ADOPTING REVISED PERSONNEL POLICY & PROCEDURE GUIDELINES WHEREAS, the Town Council of the Town of Danville desires to implement fair and equitable personnel management policies for its employees; and WHEREAS, the Personnel Policy & Procedure guidelines have been developed which are incorporated herein; NOW, THEREFORE, be it resolved that the Town Council of the Town of Danville does hereby adopt the personnel policy procedure guidelines shown as Attachment A. PASSED, APPROVED AND ADOPTED by the Town Council of the Town of Danville at a regular meeting duly held thereof, this 7th day of August 1989 by the following vote: AYES: GREENBERG, RITCHEY, SCHLENDORF NOES: NONE ABSTAIN: NONE ABSENT: JAGGER, LANE Mayor ATTEST: Clerk ATTACHMENT A PERSONNEL POLICIES AND PROCEDURES FOR THE TOWN OF DANVILLE February 19, 1987 Amended 8/7/89 TABLE OF CONTENTS Section T.4 tl e Page Number 1 2 3 4 5 7 8 9 10 11 12 General Provisions Definition of Terms Position Classification Compensation Recruitment and Selection Leave of Absence Training Transfer, Promotion, Demotion, Separation and Rehire Conduct and Discipline Grievance Procedure Miscellaneous Policies and Procedures -Official Records Authority 1 3 10 12 22 32 34 37 42 45' 46 48 SECTION 1 GENERAL PROVISIONS SECTION I - GENERAL PROVISIONS PUTDOSe The purpose of these policies and procedures is to implement the Personnel Policy Guidelines of the City Council adopted by Resolution No. 47-83 which are as follows| a. Recruiting, selecting, and advancing employees on their relative abilities, knowledges, and skills~ b. Providing equitable and competitive compensation~ c. Training employees as needed, to assure high quality performance~ d. Retaining employees on the basis of the adequacy of their performance, and separating employees whose inadequate performance cannot be corrected~ e. Assuring the impartial treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religion, age, marital status, or handicap, and with proper regard for their privacy and constitutional rights as citizens. Notice All affected employees will be provided with copies of these policies and procedures, any changes thereto, and any departmental directires or regulations related to these policies and procedures. ScoDe These policies and procedures shall apply to all offices, positions and employees of the City of Danvilla, except: a. elective officers b. members of appointed boards, commissions and com~ittees c. City Manager and City Attorney d. volunteer and temporary personnel e. consultants and others who provide services under fixed term contracts, except as otherwise provided by employment agreements or contract. Personnel Officer Ordinance No. 10 and Resolution No. 47-83 of the City of Danvi11~ designates the City Manager as the Personnel Officer and Appointing Authority, and authorizes the City Manager to delegate, for administrative purposes, these duties and responsibilities to other officers and employees of the City. As used in these policies.and procedures the terms Personnel Officer and Appointing Authority shall refer tothe City Manager, or his designee(s). -1- RelationshiN To Other Administrat~on Procedures It is expected that within each operating department and service program of the organization, operating procedures will be developed to insure that the work of each department and/or program is carried out keeping in mind two primary objectives of the organization which are wquality service to the public, and operating efficiency and effectiveness". Severability If any provisions of these policies andprocedures, or their-application to an employee or circumstance, are held invalid, the remainder of the policies and procedures and their application shall not be affected. -2- SECTION 2 DEFINITION OF TERMS Terms used in these policies and p:ocedures are defined as follows: Allocation The assignment of an individual position to an appropriate classification on the basis of the type, difficulty, and responsibility of the work assigned. As used in these policies and procedures, employees are appointed to positions~ positions are allocated to classes. Anniversary Date The month and day of an -~pqoyee's regular appointment to a position. Appointing Authority The City Manager, or by delegation, his/her designee(s). At-Will Employee A designated management employee who serves at the pleasure of the City Manager. Personnel Officer The City manager, or by delegation, his/her designee. Appointment The employment of a person.tnaposition. appointment include: Types of 2.6.10riainal ADDointment The person's first appointment as a City employee. 2.6.2 Provisional Appointment The temporary employment of a person to a vacant position for no more than a six (6) month period for emergency or interim conditions. The Personnel Officer may extend a provisional appointment for an additional six (6) month period. 2.6.3 Probationary Appointment The probationary employment of a person in a regular full-time position. A probationary appointment is for a specified period ~uring which Job performance is evaluated as the basis for consideration for Tegular appointment. , 2.6.4 Regular Appointment The employment of a person in a xegular full-time position, following the successful completion of a probationary period. -3- 2.6.5 Contract Appointment The employment of a person by contract for a fixed term. 2.6.6 TemporaryAppointment. The employment of a person either on a part-time or full-time basis for an undetermined period of time to meet special and usual work needs. For the purpose of administering these policies and procedures, a person employed in a part-time position is considered a temporary employee. 2.6.7 Part-Time Appointment The employment of a person on less than full time basis. e7 Certification The process whereby the Personnel Officer identifies qualified candidates who have successfully completed all qualifying requirements and may be considered for a probationary appointment. 2.8 Class A group of positions sufficiently similar in duties, responsibilities, authority, and qualifications to permit combining them under a single title. 2.9 Class Specification A written description of a class of work, including an appropriate class title, which describes the level of the work assigned, and specifies desirable knowledge, skill, and ability standards for positions assigned to the class. 2.10 Classification Plan A single document containing all class specifications applicable to all regular positions which serves as a basis for determining recruitment, selection, training, evaluation, retention, and compensation standards. 2.11 Continuous Service The continuous employment of an employee having a probationary or regular appointment without break or interruption, except by appFoved leave. 2.12 control Point . The control point is a salary rate within a range of pay rates which is used to compare the City's salary practices with others and to establish appropriate internal salary relationships among classes. A salary range for a given class extends from 20% below the control point to 10% above the control point. -4- Control Point The control point is the point within a salary range which is used to compare the Townts salary ranges with those of other cities. The control point is comparable to the maximum salary rate paid in other cities. In order to attract and keep exceptional employees, the Townts salary range extends from 20% below the control point to an additional 10% above the control point. This gives supervisors the flexibility to reward long-term and exceptional performance with pay which exceeds the maximum salary paid in comparable cities. SALARY RANGE CONTROL 10% MIN MAX -5- 2,13 2,14 .2,15 2,16 2,17a 2.17 Date of Hire The date of an smployee's original appointment in a probationary status, as a City employee. nemotton The voluntary or ~'nvoluntary reduction of a regular employee to a position in another class having a lower maxtmum sal&ry rate. Dischares The involuntary separation of an employee. ~mploVee A person occupying a position. 2.16.1 Provisional ~mploVee An employee who has a provisional appointment to a vacant position during which time the employee is under consideration for a probationary or regular appointment. 2.16.2 Temporary ~.mployee An employee in a position of limited or indefinite duration. 2.16.3 Probationary Employee An employee who has a probationary appointment. 2.16.4 Reuular Employee An employee who has successfully completed the probationary period in a full-time position. 2.16.5 Part-Time Employee An employee who works less than an average of 37.5 hours per week. Employee Steering Committee The Employees Steering Committee is composed of elected employee representatives from each of the Town's work units. The Committee assists the Town Manager by providing a forum for the discussion of issues that affect employees, the committees disseminates information to their work units and plays a role in the grievance process. ~ ~mploWment List 2.17.1 Recular Employment List A list of.names of persons who'have gualified to be considered for regular appointment. 2.17.2 Reinstatement T.ist A list of names of regular employees who have been laid-off or demoted in lieu of lay-off. -6- 2.18 2.19 .20 2.21 2.22 2.2:3 2.24 2.25 2.26 2.27 ~.xamination Any device or procedure used to measure abilities and suitability for employment including, but not limited to, oral interviews, written tests, performance tests (including medical evaluations), evaluation of performance during probation, and an evaluation of education and experience. Hourly Rate The actual amount paid an employee for'each regular hour worked. Tmediate Family An employee's mother, father, spouse, dependent children, brother, sister, mother-in-law or father-in-law, brother-in-law or sister-in-law. 7.av-Off The elimination of a position(s) and separation or demotion of incumbents in those positions due to reorganization, reassignment, a lack of work, or the lack of funds. T~ave Authorized absence by an employee Zromtheir place of work. Overtime Time worked in excess of the normal work week. Personnel Action Any action taken with reference to appointment, compensation, promotion, transfer, layoff, discharge, discipline or commendations. Position A combination of current duties and responsibilities requiring the full time, part-time, or temporary services of an employee. Probationary Period A trial period during which an employee is required to demonstrate his/her fitness to perform the actual duties required of a specific position. The probationary period is an i~tegral part of the examination of an individual. Promotion The advancement of an employee Zrom a position in one class to a position in another class having a higher maximum rate of pay. -7- 2.28 .29 2.30 2.3l 2.32 2.33 2.34 2.35 2.36 ~ualified Candidate A person who has been certified by the Personnel Officer for consideration for appointment. Reassignment The change of an employee from one class to another class. Reclassifica%ion The reassignment of a position by raising it to a higher class, reducing it to a lower class, or by moving it to another class at the same level as measured by a significant change in?he kind, difficulty, and responsibility of the work performed. Reduction In Pay An action which decreases an employee's base pay amount. Reinstatement The re-employment, without examination, of a former full-time probationary or regular employee who has previously been laid off, or demoted in lieu of being laid off, and whose name appears on a reinstatement list. Rehire The re-employment, without examination, within one (1) year after voluntary termination, of a former regular or probationary employee in a position assigned to the same or a lower classification than the position from which?he employee separated. Retirement 2.34.1 Service The voluntary separation of a regular employee after becoming eligible for and applying for retirement benefits or after having reached?he maximum age limit. 2.34.2 Disability The termination of an employee due to physical or mental ~nability to perform?he duties of the position. Salary Range The minimum, maximum, and inter~ediate salaryrates which are assigned to a class. Supervisor An employee with the zesponsibility of organizing, directing, and evaluating the work of other employees. -8- 2 2.38 2.39 2 · 40 2,41 2.42 Suspension The temporary and involuntary termination, Zor a limited period of time, of an employee tot disciplinar3/purposes. Separation The termination of an employee*s employment vtththe City. Time Card The document on which anemployee's actual work and leave time is recorded. Transfer A change of an employee from one position to ~nother position in the some class or in a comparable class. Vacancy An authorized position for which funds are available, but which is not occupied. Y-Rate A salary rate above the maximum rate of the range to which a position is assigned, which is paid to an employee following reassignment or reclassification to a lower level classification. The Y-rate is retained until the newly assigned class has a maximum rate equal to or higher than the Y-rate. -9- SECTION 3 POSITION CLASSIFICATION SECTION 3 CLASSIFICATION PLAN Purpose The purpose of the Classification Plan is to provide a complete and continuous inventory of all classifications, to provide .accurate specifications, and therefore, to insure that each position is allocated to the appropriate classification. Classification of Positions All regular positions are grouped into classes. Each class will include those positions sufficiently similar in duties and responsibilities, and requiring similar education, experience, knowledge, skills, abilities, and personal characteristics. PreDaration and Content of Class Specifications The Personnel Officer is responsible for preparing and maintaining class specifications for all positions. The specifications include, but are not limited to, a list of examples of duties and a statement of desirable c/ualifications required for appointment. Interpretation of Class Specifications All class specifications describe typical examples of duties that employees occupying positions in the class may properly be required to perform. Class specifications are explanatory but not restrictive. The listing of particular tasks does hot preclude the assignment of other tasks of related kind or character, or requiring lesser skills. The purpose of the class specification is to describe the level and nature of the work so that qualification standards and compensation may be equitably applied; it is not expected that each individual task required be included in the specification. Notice Amendments or revisions to the Classification Plan will be provided to affected employees. The provisions of the Classification Plan are to be observed in the handling of all personnel actions and activities. The Classification Plan may be amended or revised as required. Allocation of Positions ' The Personnel Officer is responsible for approvingthe assignment of each position to one ofthe classes established by the plan. -10- Eequest For Classification Eeview A regular emploMee maM request a review of their classification assignment. ~he requests will be submitted in writing to the emploMee'e ~mmediate supervisor, and must specify the reason the employee believes the classification to be in error. A request for classification review ehall be forwarded tothe Personnel Officer for decision. -11- SECTION 4 COMI~ENSATION 4.1 4.2 4.3 SECTION 4 COMPENSATION Purpose The purpose of the compensation plan is to provide equitable and competitive compensation for all employees, in accordance with City County approved compensation policies. Preparation of Plan The Personnel Officer shall prepare a compensation plan, including specified rates of pay assigned to classifications and supplemental benefits. The plan and any provisions thereto become effective upon approval by the City Council. Administration of Plan 4.3.1 Rates of Pay Each employee is paid a rate of pay within the salary range for the class in which employed except in cases of reclassification to a lower or higher salary range. 4.3.2 Entrance Salary An employee is appointed at the minimum rate for the class, except (1) when appointment at a higher rate is appropriate due to the promotion of an existing employee, or (2) when the Department Director believes it is necessary to make an appointment or reinstatement above the minimum rate. Authorization for appointment more than 10% above the entrance rate must be obtained from the Personnel Officer. In reviewing such requests, consideration will be given to the candidate's unusually high qualifications, previous salary history, outstanding experience, availability of other qualified candidates, and the resulting salary relationships with similar positions. 4.3.3 Merit Salary Adjustments Merit salary adjustments may be granted by a Department Director to recognize quality of performance. Employees are not entitled, by virtue of their employment with the City, to receive a merit adjustment at any specific time, or any specific amount of adjustment. All regular employees are eligible for, and will receive consideration for one or more merit salary adjustments subject to the provisions of this se8tion. A cash bonus to a maximum of 5% of present annual salary may be given to employees in recognition of performance. Bonus pay requires the advance approval of the Town Manager. -12- 4.3.4 Annual Review Regular employees will be considered for a merit adjustment once each year on the employee's anniversarydate. If in the opinion of the Department Director of a merit adjustment is not warranted at the time of the review, consideration for an adjustment may be deferred to a later date, and the employee will be so notified by the Director. 4.3.5 Adjustments Below The Control Point Upon successfully completing the designated probationary period, and annually thereafter, a regular employee will be considered for further merit adjustments until the employee's salary is equivalent to the control point of the assigned salary range. A merit salary adjustment exceeding 5.0% shall be approved in advance by the Personnel Officer. 4.3.6 Adjustments Above The Control Point A merit adjustment which causes an employee's salary to exceed the control point of the assigned range is intended to reward long term tenure and performance which consistently exceeds established standards applicable to the position. Consideration for a merit adjustment above the control point may not necessarily occur on an annual basis and is based on standards which are separate and distinct from, and more rigorous than the standards applied to merit adjustments below the control point. A merit adjustment which causes an employee's salary to exceed the control point of the range shall be approved in advance by the Personnel Officer. Adjustments Above The Control Point A merit adjustment which causes an employee's salary to exceed the control point of the assigned range is intended to reward long-term and exceptional performance which consistently exceeds established standards applicable to the position. a merit adjustment which causes an employee's salary to exceed the control point of the range shall be approved in advance by the Town Manager. 4.3.7 Merit Adjustment Guidelines The Personnel officer, will prepareguidelines for use by all supervisors when considering an employee for a merit adjustment, and will insure that all supervisors are apprised of, and receive training as to the application of the merit adjustment guidelines. The guidelines will be based on a systematic performance appraisal process. -13- 4.3.8 Movement To A Higher Classification When an employee is promoted or reassigned to a class having a higher salary range, the employee will normally be paid at the entrance step of the assigned range. If the entrance step is lower than the employee's current salary, the employee will be paid at an intermediate rate within the range to be determined by the Personnel Officer, that will result in a pay increase. Promotions to a higher classification will result in at least a 5% pay raise. 4.3.9 Involuntary Reclassification If an employee is reassigned to a classification with a lower salary range, other than as a result of a disciplinary action, the employee will retain his/her current rate of pay until such time that the maximum salary rate of the range for the class (to which the employee is reassigned) is equal to the employee's current salary - referred to as the Y-rate. The employee will retain his/her current anniversary date. If an employee is reassigned to a class with a lower salary range as a consequence of disciplinary action then the employee's salary will be set as determined by the disciplinary proceedings; the employee will serve a probationary period in the new class; and a new anniversary date will be assigned. 4.3.10 Voluntary Reclassification If an employee voluntarily accepts reclassification to a lower class in lieu of layoff, or for other reasons, the employee is to be assigned a rate of pay within the salary range of the new classification which is nearest to the employee's current rate of pay. Employees voluntarily reassigned to a class with a lower range of pay retain their existing anniversary date. 4.3.11 Transfer When an employee is transferred from one position to another, or from one classification to another, or from one classification having the same salary range, the employee's pay and anniversary date remain unchanged. ~ -14- 4.4 4.5 4.6 4.3.12 Part-Time And Temporary Employees Part-time and temporary employees who work less than an average of 20 hours per week are assigned an hourly rate of pay and do not receive supplementary benefits. Employees in designated part-time positions who work more than an average of 20 hours per week on an annual basis shall be eligible to receive those supplemental benefits authorized by the City Council in the compensation plan. 4.3.13 Actin~ Pay When officially assigned to "act" in a higher level classification for an uninterrupted period of more than 20 working days, the acting employee will receive a rate of compensation which is at least 5% above the employee's current pay rate, or the minimum rate for the class to which assigned on an acting basis. 4.3.14 Provisional Employees Provisional employees will be paid a salary rate within the salary range assigned to the position's classification as outlined in the compensation plan, and may receive supplemental benefits as determined by the Personnel Officer. Salary Range Adjustments Salary range adjustments are effective on the date specified by the City Council and are intended to reflect changes in the cost of living and other economic factors applicable to an employee's classification. Salary range adjustments are to be distinguished from merit salary adjustments as they are not intended to recognize quality of performance. Partial Pay-Period Pay Salaries for employees working less than a complete schedule in a pay period will be computed by multiplying the number of hours actually worked during the pay period by the employee's hourly pay rate. Overtime 4.6.1 Authorization Employees receive overtime pay only if the use of overtime is authorized by the appropriate supervisor in advance of its occurrence, and if the time if recorded on the employee's time card. -15- 4,6.2 ~liaibilitW For Overtime The Personnel Officer will determine which classifications are considered eligible for overtime. The Personnel Officer's determination. wall comply with applicable state and federal laws. 4.6.3 Overtime Compensation Overtime is calculated in 15 minute increments. Compensation for overtime is paid at the rate of one and one-half (11/2) hours for each hour of overtime worked. Compensatory time off, in lieu of receiving overtime pay, may be 9ranted in accordance with the provisions of the Federal Fair Labor Standards Act, and upon approval by the employee's supervisor. 4.6.4 Use of CompensatoryTime-Off Compensatory time-off (CTO) can be taken in lieu of receiving overtime pay only with the Supervisor's approval. An employee can earn a maximum of 37.5 hours of CTO. Above that limit, CTO shall bepaid off. Compensatory time-off shall be used before vacation time is used. Compensation UDOn Termination All forms of compensation due upon termination, whether voluntary, or involuntary, is paid at the salary rate effective at the time of termination. -16- SECTION 5 RECRUITMENT AND SELECTION .1 .2 SECTION 5. RECRUITMENT AND SELECTION Purpose These recruitment and selection procedures are intended to insure that all position vacancies are filled with qualified, competent persons who are well suited to perform in the position for which they are employed. It is the objective of the City to obtain the best qualified person or persons available based on the Cityss ability to attract highly qualified persons in the market place and a fair evaluation of applicants. ADDliCatiOnS and A~plicants 5.2.1 Announcements Vacancies will be publicized in ways best designed to attract the best qualified candidates. Announcements of vacancies are to be placed in prominent work place~ within the City organization to insure that current employees are made aware of the vacancy. In addition to describing the nature of the work, recruitment announcements will also include desirable qualification standards, the procedure for submitting an application, and the application time period. 5.2.2 Application Forms The Personnel Officer will provide a standard application form which shall be completed by all applicants. The application form may require such applicant information as deemed necessary by the Personnel Officer, and consistent with applicable state and Zederal law. Other forms of applications (such as comprehensive resumes) may be accepted in lieu of a standard application when approved by the Personnel Officer. 5.2.3 Discualification Any application may be rejected which is incomplete, was not submitted within the specified filing date or which indicates on its face that the applicant does not possess the qualifications Zor position. When an application is rejected, the applicant shall be be notified by mail of the rejection. Defective applications may, at the City's discretion, be returned to the applicant to be corrected. -17- e3 5.2.4 Confidentiality All forms of applicant information, including but not limited to applications, resumes, evaluations, and correspondence related thereto is to be held by the Personnel Officer or his/her designee(s) as confidential information. Access to such information will be authorized by the Personnel. Officer as necessary for the proper conduct of recruitment and selection activities. Applicant ~valuat~on 5.3.1 Nature And Types Of ~xamination Selection techniques used in the evaluation of applicants are to be Impartial and related to those subjects which fairly measure the relative capacities of applicants to execute the duties and responsibilities of the position. Examinations may consist of selection techniques such as, but not necessarily limited to, written tests, personal interviews, performance tests, physical agility tests, medical examinations, or any combination of these or other tests. The probationary period which may include the evaluation of daily work performance and work samples, and the successful completion of prescribed training, is an extension of and an integral part of the examination process. Examinations will be designed to provide equal opportunity to all candidates and will include an analysis of essential Job related requirements and factors only. 5.3.2 Scoring of Examinations If an applicant evaluation process involves more . than one part, each part may be separately rated and scored. If'the parts are separately scored, 811 parts of the examination will be averaged together to arrive at'a final score. If parts of an examination are to be given more weight than other parts, such weighted factors are to be noted in the announcement of the vacancy. A candidatets total score in a given examination is to be used for the sole purpose of arriving at a final determination that an applicant is.qualified or disqualified for further consideration.. -18- 5.3.3 Notification Of ~xamination Results. Review Of Papers. And Examination Appeal Each candidate in an examination will be given written notice of the results. Candidate has the right to inspect his/her own examination answer sheets within seven (7) working days after the notice of results is mailed. The individual rating sheets of individual oral interview evaluators are not open to applicant ~nspection. Any error An computation, if appealed to the Personnel Officer within this period, will be corrected, however, such corrections will not invalidate appointments previously made. Neither originals, nor copies, of candidate examination materials may be taken from the premises of the Personnel Officer without prior approval of the Personnel Officer. Employment T.iStS 5.4.1 Preparation And AvailabilitV As soon as possible after the completion of the applicant evaluation process, the Personnel Officer will prepare and keep available an employment list consisting of the names of candidates who have "qualified" for consideration for appointment. 5.4.2 Duration Of T.iSt All employment lists expire within three (3) months from their effective date unless extended by the Personnel Officer. 5.4.3 Reinstatement T.iStS The names of probationary and regular employees who have been laid-off or demoted in lieu of lay-off, will be placed on a reinstatement list. Such names will remain on the list for a period of six months unless the former employee is sooner reinstated or refuses an offer of reinstatement. When a reinstatement list is to be used to fill vacancies, the Personnel Officer will notify all of the names on the list. 5.4.4 Removal Of Names From T.ist The name of any person appearing on an employment or reinstatement list will be removed if the individual requests in writing that his/her name be removed, if he/she fails to respond to a notice mailed to his/her Last known address, or for any of the reasons specified in Section 5.4.3. The names of current employees (on employment lists) who resign will be automatically removed from such lists. -19- Methods Of Filling Vacancies 5.5.1 5.5.2 Types Of Appointments All vacancies are to be filled by transfer, promotion,. demotion, rehire, reinstatement, or' from a list of qualified candidates certified by the Personnel Officer. In the absence of qualified. candidates, provisional appointments may be made. responsibility of a Department Director, to notify the Personnel Officer whenever a vacancy is to be filled. 5.5.3 Reinstatement If a reinstatement list is in effect for the classification applicable to a position which is to be filled, the Department Director, or Appointing Authority must first attempt to fill the position from this list. If it is not possible to appoint an individual from a reinstatement list, or if no reinstatement list exists for the classification, the vacancy may be filled by other procedures ~pecified in these guidelines. 5.5.4 Appointment Quail. fled candidates to be appointed will be provided with an "offer of employment" letter which specifies the terms of the offer of employment. The offer of employment letter shall be signed by the Department Director and Personnel Officer. If the candidate signs the employment letter, presents himself/herself for duty by the prescribed hire date, and complies with all other pre-employment conditions specified in the employment letter, then he/she shall be deemed appointed. Otherwise, the candidate shall be deemed to have declined the appointment. 5.5.5 Provisional Appointment In the absence of qualified candidates willing to accept appointment, a current employee meeting the minimum training and experience qualifications for the position may be provisionally appointed with the concurrence of the Personnel Officer. A provisional employee may be removed from that position at any time without the right of appeal. A provisional employee may be employed for up to a six (6) months duration. A provisional appointment may be extended for an additional six month period if approved by the Personnel Officer. -20- 5.6 Probationary Period 5.6.1 Objective of Probationary Period The probationary period is an integral part of the examination process and is to be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to his/her position. 5.6.2 Regular Appointment Following ProbationarV Period All appointments shall be tentative and subject to a probationary period of not less than six months of full time uninterrupted service. Before the end of the probationary period the Department Director will file with the Personnel Officer a statement in writing to the effect that regular appointment of the employee is desired or undesired. If an unsatisfactory performance statement is filed, the probationary period may be extended at the discretion of the Personnel Officer or the employee may be immediately terminated. 5.6.3 Failure To Successfully Complete Probation During the probationary period, an employee may be terminated without cause and without the right of appeal. Notification of rejection in writing shall be provided by the Department Director to the probationer and a copy filed with the Personnel Officer. Unless extended, probationary period shall be six months. -21- SECTION 6 T.~-AVE OF ABSENCE 6.1 6.2 6.3 6.4 SECTION 6 LEAVE OF ABSENCE Purpose The purpose of this policy is to provide for orderly and equitable administration of leave benefits including use, notification, approval, and payment. Types of Leave The following types of leave are recognized: g- h. i. General Leave Compensatory Time Off (CTO) Disability Leave Maternity Leave Jury Duty Holiday Leave Administrative Leave Leave Without Pay Military Leave Maternity Leave Paternity Leave Bereavement Leave Computation Date For the purpose of calculating earned leave, an employee's original hire date will be used, unless the employee has been rehired in which case the rehire date will be used. General Leave 6.4.1 Application General Leave is earned by a probationary, regular, or regular part-time employee and may be used for vacation, illness, care of an immediate family member, medical, dental, or psychological needs of the employee, or due to the death of an immediate family member (bereavement). 6.4.2 Accrual - Full-Time Employees Upon completing six months of uninterrupted employment a full-time employee will be credited with 75 hours (or prorated amount thereof for designated regular- time employees who Work an average of 20 hours per week or more on an ~nnual basis) of General Leave credit. Upon completing one full year of uninterrupted employment an additional 75.00 hours (or prorated amount thereof for regular part-time employees) will be credited to the employee's account. GeneralLeave may be used as earned in accordance with the following schedule: -22- Added Bereavement Leave In the event of a death in an employee's immediate family, the Supervisor may grant sufficient time off with pay to make funeral arrangements and to attend the funeral. In addition to the General Leave, a maximum of five days with pay may be granted. ,,Immediate family" means spouse, child, parent, parent-in-law, sister, brother, sister-in-law, brother-in-law, grandparents or anyone who has acted in the capacity of an ,,immediate family" member. Added Maternity Leave Every female employee may take four months leave of absence on account of pregnancy disability and may use available sick leave or vacation pay entitlements during such leave. The Town Manager's approval of leave beyond four months is required. In addition to General Leave, ten days paid leave with pay will be granted for maternity leave. Added Paternity Leave In addition to General Leave, male employees may take an additional three days with pay on the occasion of the birth of their child. General Leave may be used as earned according to the following schedule: 6.4.2 Accrual Full-Time Employees Full-time employees accrue General Leave credit as shown on following schedule: YEAR OF EMPLOYMENT ACCRUED PER YEAR ACCRUED PER PAY PERIOD First day of employment through the last day of the first year of employment 20 days 5.77 hours First day of the second year through last day of fifth year of employment 22 days 6.35 hours -23- First day of the sixth year through last day of the ninth year of employment 27 days 7.79 hours First day of the tenth year through remaining years of employment 30 days 8.65 hours General Leave is earned in working hours. be taken as it is earned. General Leave may Genera] Leave is earned in working hours. During the first year of employment one-half (1/2) of all accrued General. Leave is designated for vacation with the balance designated for other leave purposes. Employees who terminate in the first year will only receive compensation for the accrued and unused portions of General Leave designated for vacation. 6.4.3 Accrual - Reqular Part-Time Emplovees Regular part-time employees accrue leave based on a prorata share of the leave schedule as shown above. The prorata share of earned leave is determined as follows: 20-24 hours worked 25-29 hours worked 30+ hours worked 50% 65% 80% For a permanent part-time employee, the maximum prorata share of leave earned shall be 80% of the schedule listed in Section 6.4.2. All other provisions of the above section are applicable to regular part-time employees. 6.4.4 6.4.5 Accumulation of ~De[~]~_~3AY~ General Leave may be accumulated, until a maximum of one and one-half (11/2) annual earnings is reached. Thereafter, all earned leave shall be placed into a leave bank. At the end of each employment year an employee may deposit any amount of earned but unused leave in the leave bank. Any leave time in the leave bank may be used for eligible time off purposes other than vacation. Upon termination an employee will not be compensated for time accrued to the leave bank. Use of General Leave For Vacation The use of general leave for vacation is of benefit to the general well being of the employee, his/her family, and the organization. Consequently, unless employees have the written authorization of the personnel officer, at least two weeks of paid leave must be taken annually. Employees who do not take -24- 6.5 time off for vacation purposes will be required to do so upon reasonable notice by a Department Director. Upon termination, an employee will be paid for 75% of the amount of General Leave to be accrued. Within administrative guidelines, employees may request compensation (at the 75% value) for that portion of General Leave that exceeds 30 days. The employee may be paid for this excess portion of General Leave or the leave may be placed in the employees retirement or health benefit fund. Employees will not be paid pension benefits in addition to the leave value. Notwithstanding the above, reasonable limitations on the use of general leave for vacation are also necessary for the benefit of employees and the organization generally. A maximum of 75.0 hours accrued leave time may be used for vacation purposes during the first 18 months of employment. All leave for vacation purposes must be approved in advance in writing by the employee's supervisor, and is subject to Department Director approval prior to being authorized. 6.4.6 Use of General Leave For Other Purposes Any leave that can be reasonably forecast or anticipated such as elective hospitalization, personal business, medical, dental or psychological care, care of children, etc. requires the prior approval of the Department Director, or the employee's supervisor. An employee requiring leave for unanticipated reasons such as general illness, car trouble, care of children, or other emergencies must notify his/her supervisor within one (1) hour after the time set for reporting to work. Final approval for unanticipated leave may result in the time off being charged as leave without pay. CompensatoryTime Off Probationary and regular full time employees, except designated management, supervisory, and professional employees may receive compensatory time off (CTO) in lieu of pay for approved overtime werk. CTO shall be accrued and compensated in accordance with the provisions of the Federal Fair Labor Standards Act. Regular part time employees shall receive straight-time pay for each hour worked up to 37.5 hours per week; hours worked in excess of 37.5 hours per week shall be compensated at the rate of 11/2 times regular pay. -25- Regular part time employees are not eligible for CTO. Designated employees who are not eligible to receive overtime pay or CTO may receive administrative leave in accordance with Section 6.10 of these policies and procedures. -isab.~litW T~ave As a result of a non-Job related illness cr injury requiring time off beyond theunused accumulation of leave in the employee's account, a regular or probationary employee may request to be placed on disability leave of absence without pay subject to the following conditions: A medical examination by a licensed physician of the Cityes choice may be required to verify the nature and potential length of the disability. At a minimum, written verification of the nature and length of the disability from the employ,see physician must be submitted along with the employee*s initial request for disability leave. be The employee must submit regular (monthly) written status reports from the employee's physician describing the current status of the disability and the employee's suitability to assume partial or complete work assign- ments in the position from which the employee is on leave. Periodic medical examinations by a physician of the Ci-ty's choice may be required. Failure to submit the required physician's reports in a timely manner is cause for termination. Prior to being placed on disability leave, required time off will be compensated by use of any accumulated leave in the employee's account. de If an employee is unable to return to work (in the position from which he/she is on leave) within 120 calendar days after being placed on disability leave, the employee maybe terminated. e, The lgrovisions of 6.11 relating to a leave of absence without pay apply to employees on disability leave. f. Regular part time employees are not eligible for 'disability leave except as required by paragraph -26- Maternity T~ave Pregnancy is considered as a temporary disability and the provisions of 6.7 and 6.11 apply. In addition, within 30 calendar days after childbirth an employee on maternity leave is required to notify the City in writing of her intent to return or not return to york. ~ury and Subpoena T~ave Probationary, regular full tins, and regular part-tin, employees are entitled to paid leave for Jury duty subject to the following conditions: a. The employee has provided a copy oft he Jury duty notice to his/her supervisor immediately upon having received the notice. Any payments received, except travel expenses, for serving on the Jury are remitted to the City within five (5) days of receipt by the employee. An employee subpoenaed to appear as a witness in behalf cf the City is entitled to leave cf absence with full pay upon presentation of the subpoena to his/her immediate supervisor. An employee subpoenaed to appear as a witness for other reasons may use accumulated General Leave for this purpose. Holiday v~ave 6.9.1 HolidaVs Observed Probationary and regular full tin. employees shall be compensated at the regular rate cf pay for the holiday fine off. Holidays to be observed by the City are: New Years Day Hartin Luther King Birthday Presidents Day Memorial Day Independence Day ; Labor Day . Veterans Day Thanksgiving Day and day after Christmas Day 1 day 1 day · day 1 day 1 day I day · day 2 days · day Xn addition tot he above, one (1) floating holiday shall bedesignated each year. Regular part-tin. employees shall receive a prorata share oft he holiday tine off with compensation, provided that the holiday occurs on a regularly-scheduled work day for the employee. -27- Rev. 3/87 6.10 6.9.2 Entitlement to Holiday Pay When a holiday occurs when an employee is on vacation, the employee will receive holiday leave in lieu of having his/her general leave account charged. An employee will receive holiday pay provided that the employee is in a "paid status" the day prior to, and the day after a holiday. Administrative Leave Certain designated management, supervisory, and professional employees are not entitled to receive overtime pay, or compensatory time off in lieu of overtime. Such designated employees may be granted paid administrative leave when the employee's work activities have required significant extraordinary time worked over and above the normal work schedule, and when in the judgement of the employee,s supervisor paid administrative leave for the employee is warranted. Employees who are eligible to receive paid administrative leave should not expect such leave to equal or exceed the number of hours actually worked in addition to the standard work schedule. Administrative leave must be approved by the supervisor before being taken and shall not exceed five (5) days in a calendar year. -28- 6.11 Iaave Without Pay When it is in the best ~nterest of the organization, a leave of absence without pay may be granted to an employee subject to the £ollowing: Requests for leave without pay for one (1) week or less may be approved by a Department Director. Requests for leave without pay for more than one (1) week requires approval of the City Manager. Leave without pay may not exceed one hundred.twenty- five (120) calendar days. The anniversary date of an employee granted leave without pay for more than thir~ydays will be adjusted. Leave without pay will be considered .a. Employees'who are disabled for work and who have used all general leave to which entitled. b. Regular or probationary employees who choose this option for maternity leave. c. Employees who have personal needs requiring their ~ direct attention (evaluated on the merits of each~ individual case). -29- d. Employees engaged in elective training directly related to their position with the Town, or a position to which the employee may likely be considered for promotion. e. Employees who require bereavement, medical, or family emergency leave and who have used allGeneral Leave to which entitled. Employees who receive discipline. ~hen an employee is on leave without pays a. Retirement contributions, General Leave benefits, pension benefits and other supplemental benefits cease beginning the first day of leave without pay. b. Insurance benefits cease on the nextpremium payment date after the date the employee is placed on leave without pay unless the employee has made provisions to personally pay both the employeels and employer~s share of premium expenses while on leave. 6.12 Absent Without T~ave An employee who is absent from his/her designated place of work without the approval of his/her immediate supervisor for a period of three (3) consecutive work days may be terminated. 6.13 Military T~ve Military Leave shall be provided to employees in accordance with State and Federal law. An employee is entitled to Military Leave in accordance with the following policy: a. Leave will be granted for active military training, encampment, naval cruises, and like activity. b. The employee will provide his cr her supervisor with notice and evidence of the anticipated leave dates as moon as such information becomes available to the employee. c. Employees that have completed less than one year service with the Town will be granted time off without pay cr may utilize earned accumulated leave, cra combination thereof. d, Employees who have completed one year or more cf service with the Town are antitied to receive full compensation, including supplemental benefits, for the first thirty (30) calendar days cf Military Leave. -30- Rev. 10/87 6.13 Militar~ T~ave (continued) e, An employee granted Military Leave with pay pursuant to Paragraph (d) above shall have his/her compensation adjusted for the period of leave so that the combination cf Military and Town pay received does not exceed the employames regular pay from the Town. f. An employee granted Military Leave while serving in a probationary status shall have his/her probationary period extended by an amount cf time equivalent to the amount of time on MilitaryLeave. g. The maximum amount cf MilitaryLeave time whichwill be granted As 180 calendar days. -31- Rev. 10/87 SECTION 7 TRAINING .1 e2 .4 SECTION 7 TRAINING General Policy It is the policy of the City to encourage and promote training and educational opportunities for all employees to the end that the services they render may be made more effective. Orientation Of New Employees During the first three weeks of employment, Department Directors shall familiarize a new employee with the employsets obligations and rights and also inform the employee about the functions and operations of the department and the City government organization. The Personnel Officer will assist Department Directors and supervisors with the orientation of new employees. Time Of Trainina Training periods may be conducted either during or after normal working hours. Training sessions conducted during normal working hours are to be arranged so as .to minimize interference with scheduled work. Types Of Training For the purpose of administration, the following categories of training are recognized: 7.4.1 Re&ired Trainina Any formal or informal training program or exercise designed, and conducted or sponsored by the City to help employees meet Job related needs. 7.4.2 Elective Training Any formal employee training program or exercise designed and conducted by an organization other than the City, and directly related to improving skills considered desirable by the City for the employeels current and prospective Job duties. Reimbursement For Trainina ~xpenses 7.5.1 Verifiable out of pocket expenses incurred due to required training will be paid in advance or reimbursed by the City. -32- .7 7.5.2 Department Directors shall not authorize prepayment or reimbursement for either elective or required training expenses unless such expenses have been approved in advance for the service program(s) for which the Department Director is responsible. Completion Of Training An employee is required to demonstrate successful completion of training which is directed or paid by the City. Failure to satisfactorily complete required training is cause for disciplinary action. Failure to satisfactorily complete elective training for which reimbursement has been authorized may result in non-reimbursement for the expense. Failure to satisfactorily complete elective training for which advanced payments have been made by the City may result in disciplinary action, and the employee may be required to repay the City for the expenses incurred. Conferences And Seminars Conferences and seminars required for training or any other purposes which require out-of-area transportation and/or lodging expenses shall be approved in advance by the City Manager. 7.7.2 Department DirectOrs shall not authorize prepayments or reimbursements for required training expenses which collectively exceed training expense allocations to the program budgets for which the Department Director is responsible. 7.7.3 Prepayment or reimbursement for elective training expenses must be authorized in advance by the City Manager. -33- SECTION 8 TRANSFER, PROMOTION, DEMOTION, SEPARATION ANDREHIRE SECTION 8 TRANSFER, FROMOTION, DEMOTION, SEPARATION AND REHIRE Transfer No person may be transferred to a position for which he/she does not possess the minimum qualifications. ~Jpon notice to the PerSonnel Officer, an employee may be transferred by the Department D/xsctor at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary and benefits, involves the performance of similar duties and requires substantially ~he same basic qualifications. If the transfer involves a change from one Department to another, both Department Directors must consent thereto unless the City Manager directs the transfer for purposes of economy, efficiency, improvement to morale or improved service delivery. Promotions Insolaf as consistent with the best interests of the City as determined by the PersonnelOfficer in consultation with the Department Director, vacancies may be filled by promotion from among employees who are qualified candidates. Demotion An Appointing Authority may demote an employee for disciplinary reasons as outlined in Section 9. Upon request of the employee, and with the consent of the Director, ~oluntary demotion may be made. No employee may be demoted to a position for which he/she does not possess the minimum qualifications. Methods Of Separation For administrative purposes the following types of separation from employment with the City are recognized: a. Voluntary Resignation - In good standing b. Discharge c. Lay-off d. Retirement e. FailUre to successfully complete probation f. Termination of an at-will~employee Voluntarv Resi~nation - In Good Standin~ An employee who desires to leave City employment in good standing shall file with the Appointing Authority a letter of resignation with an effective date at least two weeks before leaving. More notice from the resigning employee is required if a longer notice period was agreed to by the employee when originally hired in the service of the City' and unless waived by the Personnel Officer. Failure to give the required notice may be cause for denying future employment with the City. Discharae An Appointing Authority may discharge an employee at any time, as provided for in Section 9 of these policies and procedures. Whenever, it is the intention of a Appointing Authority to discharge a regular employee, the Personnel Officer is to be notified and the Appointing Authority shall consult with the Personnel Officer on the reasons for the termination. Lay-off An employee may be laid-off because of either the abolishment of his/her position, or a determination that there is a shortage of work or funds. The City Manager, after consultation with the Appointing Authority, will determine when and in what position classifications lay-offs are to occur. When a lay-off is to occur, the Personnel Officer shall: a. Notify knwriting the employee to be laid off at least 10 working days in advance of the effective date of the action. The notice shall, at a minimum, include: (1) reason for the lay-off · (2) effective date (3) the employee's position on any reinstatement list b. Make an effort to transfer an employee who is affected by a lay-off to another vacant position for which the employee possesses the requisite qualifications. c. Prepare a reinstatement list which lists the names of employees laid off in order of seniority by classifica- tion based on the employee's original hire date. For the purpose of establishin~ a reinstatement list, the original hire date is the employee's last hire date (in a probationary status) since which there has been no interrupted service. d. Ensure that procedures consistent with applicable state and federal laws are utilized to effect any lay-offs. -35- 8.10 Retirement Any employee who qualifies for retirement under the provisions of the City's retirement system may do so. Failure To Complete Probation A probationary employee may be terminated by the Appointing Authority for failure to successfully complete the prescribed probationary period which is equivalent to having failed to qualify for retention for the position to which he/she is assigned. An employee who fails to successfully complete probation does not have the right of appeal of the action. Rehire An Appointing Authority may rehire a regular employee who has resigned in good standing from the service of the City within the previous year, even though the employee's name may not appear on a current list of qualified candidates, and if the former employee possesses the minimum qualifications required of the vacant position. Upon rehire, the employee is subject to the probationary period prescribed for the class. No credit for former employment is granted in computing salary, leave, or other benefits. -36- SECTION 9 CONDUCT AND DISCIPLINE SECTION 9 CONDUCT AND DISCIPLINE Employee Conduct Generally It is expected that all City employees shall render the best possible service and reflect credit on the City, and therefore high standards of conduct are essential. Improper Employee Conduct The term "improper conduct" means not only any improper action by an employee in the employsets official capacity, but also conduct by an employee not connected with the employeels official duties which brings discredit to the City, or which affects the ability to perform the employeels duties, or which causes other employees not to be able to perform their duties, or any improper use of the position for personal advantage, or the advantage of others. Improper conduct may be cause for disciplinary action. In addition, improper conduct includes, but is not limited to, the following: a. Violation of any Federal, State or local law. b. Being under the influence of intoxicating beverages or unprescribed narcotics or drugs while on duty. c. Failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment from an authorized supervisor. d. Inefficiency, incompetence, carelessness or negligence in the ~erformance of duties. e. Inattention to duty, tardiness, indolence, carelessness, or damage to or negligence in the care and handling of City property. f. Improper or unauthorized use of City vehicles or equipment or misappropriation of supplies. ~ g. Claim of leave under false pretense or misuse of leave. h. Furnishing false'information to secure appointment. i. To knowingly furnish false information in the course performing onets duties. J. Absence from duty without leave, failure to report after leave of absence has expired or after such leave of absence has been disapproved, revoked, or cancelled. k. Willful violation of these policies and procedures, departmental rules and policies, or any written policies which may be prescribed by the City. 1. Acceptance by an employee of any bribe, gratuity, kickback, favor, or other items of value including meals and travel when it appears the'favor or gratuity might be given in the hope or expectation of receiving preferential treatment. -37- e3 m. Any action which reflects discredit on the City or is a direct hindrance to the effective performance of City ~unctions. n. Outside work which creates a conflict of interest with City work, causes discredit to the City, or detracts ~romthe-efficiency of the employee in theemployee's City work. o. Failure to obtain and maintain a current license or certificate as a condition of employment. p. Any other conduct of equal gravity to the reasons enumerated above, as determined by the Personnel Officer. Disciplinary Action The purpose of disciplinary action is to correct deficiencies in employee performance, to assure improvement to meet appropriate standards, and/or to correct for violation of these policies and procedures. 9.3.1 Oral Or Written Reprimand When a Department Director or immediate supervisor determines more severe action is not immediately necessary, he/she may orally or in writing communicate to the employee the deficiency or problem observed. If the reprimand is put in writing, a copy is'to be filed in the employee's personnel file after being signed by and a copy given to the employee. Refusal to sign shall be noted before filing. Failure to correct deficiencies and improve to meet standards may result in further discipline including suspension, reduction in pay, demotion, and discharge. 9.3.2 Suspension The Appointing Authority may suspend an employee for cause and without pay, for up to thirty (30) calendar days after the appropriate disciplinary proceedings. The Appointing Authority or an i~ediate supervisor may authorize immediate suspensions in an emergency situation or when the seriousness of a matter warrants. At the disciplinary proceedings the Personnel Officer shall determine whether the ~ediate suspension shall be with or without pay. 9.3.3 Reduction-in-Pay The Appointing Authority may reduce an employee's pay for cause to a lower rate or range as a disciplinary action. -38- .4 9.3.4 Demotion The Appointing Authority may demote artemployee for cause as a disciplinary action. 9.3.5 Discharge An employee may be discharged for cause by the Appointing Authority. Regular employees shall be discharged only after appropriate disciplinary proceedings, except in an emergency situation or serious incident. The Appointing Authority may suspend the employee with pay immediately, as provided in Section 14.3.2, pending the proper disciplinary process. Prompt disciplinary proceedings shall follow. Determination of Disciplinary Procedures Whenever any of the above actions are to be taken, except for written or oral reprimands and emergency suspensions, the Appointing Authority shall notify the Personnel Officer. The Personnel Officer shall be responsible for determining that the proposed action is taken in accordance with proper disciplinary procedures. Notice of Proposed Disciplinary Action If a suspension, reductiOn-in-pay, demotion or discharge action is proposed against an employee, the Appointing Authority shall notify the affected employee in writing of the proposed action. Following a review of the proposed action, the Appointing Authority shall promptly render a decision and shall notify the employee in writing of the decision which has been made. Upon request the Appointing Authority shall hold an informal hearing during which the affected employee and the supervisor will each have an opportunity to discuss the reasons and merits, or lack thereof, of the proposed action. The Appointing Authority's decision may be appealed to the City Manager. The final notification of the Appointing Authority's decision shall advise the employee that he/she has the right, within five (5) working days, to appeal the decision. The appeal request must be submitted in writing to the Personnel Officer. If the employee does not request a hearing within the 5 day period, the Appointing Authority's decision is final. -39- 9.10 Appeal Hear4ng If requested, the Personnel Officer shall schedule a date, time and place ~or the hearing. The hearing should take place not less than ten (10) working days nor more than twenty (20} working days from the date of the filing of the appeal. The Personnel Officer shall notify theAppointing Authority and the affected employee of the date, time and place at least five (5) working days before the hearing. Zither the City Manager, or the Personnel Officer, at the Managerts option, shall conduct the hearing. Hearings shall be private except that the employee may, at his/her option, be represented by a person of the employeats choice. The Hearing Officer shall conduct the hearing in a manner most conducive to a fair discussion of the facts and circumstances which led to the action against the employee, and need not be conducted in accordance with technical or Judicial rules relating to evidence and witnesses. The hearing officer shall rule on the admission or exclusion of facts and information and shall not be bound by technical rules of evidence. The hearing officer may establish such written procedures as he/she deems necessary for the proper conduct of the hearing. Any such procedures prepared by hearing officer shall be provided to the affected parties in advance of the hearing. The hearing officer may sustain, reject, or modify the disciplinary action invoked against the employee. The decision of the hearing officer is final. Employee Representation Employees may have a representative present at all stages of the disciplinary. process provided that the representative is not a party to the action involved. Retribution For Appeal .No employee shall be penalized in any way for availing himself/herself of, or participating in, the appeal process. ~mployee Rights and Appeals All regular employees except;at-will employees have the right to a hearing if they disagree with a suspension, reduction in pay, demotion, or discharge action. If a hearing is requested, provisions 9.6 through 9.8 apply. At-will employees may request and receive an informal hearing with the City Manager whose decision is final. Temporary, provisional, and part-time employees have no re-employment status, or right of appeal to personnel actions t~kenunderthis section. -40- Any employee who is aggrieved by actions taken pursuant to 9.3.1, or personnel policies other than those contained in this seotion may have their grievance addressed through the procedures outlined in Section 10. SECTION 10 GRIEVANCE PROCEDURE SECTION 10 GRIEVANCE PROCEDURE 10.1 Purpose The purpose of the Grievance Procedure is to: . Afford employees a systematic means of obtaining consideration of concerns or problems. · Provide that grievances are settled as near as possible to the point of origin. . Provide that concerns or problems are resolved as informally as possible. 10.2 Matters Subject To Grievance Any alleged violation of these policies and procedures, any alleged improper treatment of an employee, or any decision affecting an employee's employment is considered to be a matter subject to review through the grievance procedure. Personnel actions which are subject to Section 9 of these policies and procedures are not a matter subject to grievance. 10.3 Matters Not Subject To Grievance At any time during the grievance procedure, the Personnel Officer may rule that the matter involved is not subject to grievance. A matter not subject to grievance may include hours of work, services provided, staffing levels, allocation to classifications, equipment, and work methods (provided that prescribed methods of work are consistent with the skill level expected of employees assigned to the class). SteD One An attempt must be made to resolve all grievances on an informal basis between the employee and the- immediate supervisor. It is the responsibility of the employee to initiate this process within five (5) calendar days of the date when the aggrieved action or incident becomes known to the employee. ~tep Two If the grievance is not satisfactorily resolved on an informal basis, the employee may submit the grievance in writing to the employee's immediate supervisor within five · (5) calendar days after t~e informal decision of the immediate supervisor. The supervisor must deliver an answer in writing to the employee within ten (10) calendar days after receiving the written grievance. Step Three If the grievance is not satisfactorily resolved at the second step, the employee may present an appeal to the supervisor's immediate supervisor within five (5) calendar days after receipt of the written decision under step two. The -42- supervisor receiving the appeal shall make a decision, in writing, and return it to the employee within ten (10) ualendar days after receiving the appeal. Step Four If the grievance is not satisfactorily resolved at the third step, the employee may submit the grievance in writing to the Department Head or Appointing Authority within five (5) calendar days after the supervisor's decision is received. The Department Head must deliver an answer in writing to the employee within ten (10) calendar days after submission of the grievance to the Department Head. Step Five If the grievance is not satisfactorily resolved at the fourth step, the employee may submit the grievance in writing to the City Manager within five (5) calendar days after the Department Head's answer is received. The City Manager must render a decision in writing to the employee within fifteen (15) calendar days after receiving the appeal. The City Manager's decision is final. Grievance Procedure Step 1 An attempt must be made to resolve all grievances on an informal basis between the employee and the immediate supervisor. It is the responsibility of the employee to initiate this process within five (5) calendar days of the date when the aggrieved action or incident becomes known to the employee. The Personnel Officer is available to provide information concerning the grievance process and to assist in resolving conflicts on an informal basis. Step 2 If the grievance is not satisfactorily resolved informally, the employee may present a written appeal to the supervisor's immediate supervisor within five (5) calendar days after receipt of the written decision under step one. The supervisor receiving the appeal shall make a decision, in writing, and return it to the employee within ten (10) calendar days after receiving the appeal. Step 3 If the grievance is not satisfactorily resolved at the second step, the employee may submit the grievance in writing to the Department Head or Appointing Authority withi~ five (5) calendar days after the supervisor,s decision is received. The Department Head must deliver an answer in writing to the employee within ten (10) calendar days after submission of the grievance to the Department Head. Step 4 If the grievance is not satisfactorily resolved at the third step, the employee may submit the grievance in writing to the Employee Steering Committee within five (5) calendar days after the -43- Department Head,s decision is received. Three members of the Steering Committee will serve as a Review Board and consider the grievance. One member of the Review Board will be selected by the grievant from the Steering Committee members. One member shall be selected by agreement of the two previously-selected members. The Steering Committee Review Board will deliver an answer in writing to the employee within ten (10) calendar days after submission of the grievance to the Department Head. Step 5 If the grievance is not satisfactorily resolved at the fourth step, · the employee may submit the grievance in writing to the Town Manager within five (5) calendar days after the Department Head's answer is received. The Town Manager will render a decision in writing to the employee within fifteen (15) calendar days after receiving the appeal. The Town Manager,s decision is final. 10.5 Conduct Of Grievance Procedure 10.5.1 Time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. 10.5.2 The employee may request the assistance of another person of his/her own choosing in preparing and presenting the appeal to any level of review. 10.5.3 The employee and his/her representative may use a reasonable amount of work time as determined by the appropriate Department Head or supervisor in conferring about and presenting the appeal. 10.5.4 In cases where the City Manager is the Appointing Authority or the immediate supervisor, the City Manager's decision is final. 10.5.5 Employee is assured freedom from reprisal for using the grievance procedure. -44- SECTION 11 MISCELLANEOUS POLICIES'AND PROCEDURES 11.1' Medical Examinations Reauired Medical examinations may be requiredunder the following circumstances. a) In order to be hired for employment or re-employment in a position for which an offer of employment or re-employment has been made with the City. b) In order to be promoted or transfered to a Job classification requiring greater physical qualifica- tions than on employsets present job classification. c) Any employee may be required roundergo a medical examination at any time designated by the Personnel Officer, to demonstrate medical fitness to perform assigned duties. 11.2 Physician All medical examinations will be performed by a licensed physician approved by the Personnel Officer. 11.3 Cost Of Exam The City will pay the cost of any medical examination required under this section. 11.4 Outside EmDloFment A City employee shall not engage in any outside employment that is detrimental to, or in conflict with his/her duties or service with the City. An employee must notify the Personnel Officer of any outside employment together with any information regarding the nature of the outside employment as may be requested by the Personnel Officer. A Department Head shall inquire as to an employsets off-duty employment when the Department Head believes that such a condition may exist. The City Manager shall have the final authority to determine if an employment conflict exists. 11.5 Nepotism There is no bar to relatives occupying City positions except where one of them would exercise a supervisory or evaluative role in relation to the other or one relative might be in a position to exert influence on the hiring, promotion, transfer, or perflormance evaluation of another. -45- SECTION 12 OFFICIALRECORDS 12.1 12.2 12 · 3 SECTION 12 OFFICIAL RECORDS Official Records The Personnel Officer keeps all official personnel records including records of employment history, performance evaluation, classification, compensation, leave, training and other matters directly related to an employeels status. The accounting officer.maintains all records relating to employee payroll. Payroll and personnel records shall be consistent with each other at all times. Change of Status Report Every appointment, transfer, promotion, demotion, change of salary rate and other temporary or permanent changes in status of employees must be reported to the Personnel Officer. Personnel File 12.3.1 Content of Personnel Files The Personnel Office will maintain a file on each employee which will contain all records and documents pertinent to his/her employment status and history. 12.3.2 Access to Personnel Files The confidential information in personnel files will not be revealed to outside sources except as required by law, or with the consent of the employee and the Department Director. The Personnel Office may reveal the following information regarding an employee, or ex-employee, in response to outside inquiries: ~ a) Employee's name. b) Classification title and department. c) Status. d) Salary range. e) Hire date and/or termination date. This information is a matter of public record and is available to anyone. ~,Anemployee, his/her immediate supervisor and/or Department Director, or his/her representative with written consent of the employee, may inspect his/her personnel file at any time during the normal working hours of the Personnel Office. -46- Upon request, the employee may receive a copy of any materials in the personnel file. An employee shall be furnished a copy of any statement written for inclusion in the employeels personnel file concerning the employsews conduct or performance. An employee may prepare material for insertion in- his/her personnel file in response or rebuttal to any derogatory material in that file. -47- AUTHORITY RESOLUTION NO. 47-83: A RESOLUTION OF THE DANVILLE CITY COUNCIL ESTABLISHING PERSONNEL POLICY GUIDELINES -48-