(a)

Purpose. The purpose of this chapter is to delineate the privileges and obligations of the employees of the city; to ensure fair and equitable treatment for each employee and to ensure competent, honest, and efficient employee services to the betterment of the city and its citizens. The provisions of this chapter are not intended and shall not be construed so as to vest any employee of the city with any rights arising from an expressed or implied contract of employment with the city. The city may amend or repeal any of the provisions of this chapter or any ordinances, resolutions, directives, rules and regulations pertaining to employees without prior notice, except as required by law, and at the city's sole discretion.

(b)

Personnel code. This chapter shall constitute and be referred to as the "personnel code" of the city. Except as set forth in this chapter, the provisions of this chapter shall apply to all employees of the city; provided, however, that the provisions of any collective bargaining agreement between the city and its employees, adopted pursuant to the Charter, shall supersede any conflicting provisions.

(Code 1975, § 55-1; Ord. No. 1988, § 2, 6-25-90)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Acting appointment means temporary assignment of an employee to a different classification in accordance with the provisions of this chapter.

Administrative directive means a written order from the appointing authority, or issued at the appointing authority's direction, pertaining to the conduct of city employees or procedures to which they are to adhere in the performance of their duties.

Anniversary date means the most recent date of hire into a regular position. If such appointment is effective on or before the 15th of the month, the anniversary date shall be the first of that month. If the effective date of the appointment is after the 15th of the month, the anniversary date shall be the first day of the following month. The date will be unaffected by transfer, promotion, demotion or reclassification.

Appointing authority means:

(1)

The city manager for all employees within departments which are under the supervision and control of the city manager, as set forth in Charter Section 5.2 and, except as otherwise provided, for all employees who provide services to such departments.

(2)

The utilities director for all employees within the infrastructure department who do not provide services to departments under the supervision and control of the city manager.

(3)

The city attorney for all attorneys hired in the city attorney's office for the purposes of hiring, termination, and other disciplinary actions.

Appointment means the hiring of an individual to fill a budgeted, vacant position.

Base pay means an employee's rate of pay, constituting basic salary and wages, but excluding bonuses, lump sum payments, overtime pay, on-call pay, insurance premiums, pensions and retirement benefits, amounts deferred by employer under a deferred compensation plan, and all contributions by the city to a pension plan, to any health, accident or welfare fund or plan or any similar benefit.

Career service employee means an employee who has been appointed to a position subject to the provisions of the career service system.

Career service position means a position subject to the provisions of the career service system as determined by the city manager.

Career service system means the Charter provisions, code provisions, administrative directives and rules and regulations which pertain to career service employees.

Certified eligibility list means the list of persons who have passed an examination for a career service position, as approved by the human resources director.

Certified employee means an employee occupying a career service position who has been employed on a regular basis for the city for 12 consecutive months or such other probationary employment period as the council may set, by ordinance.

Civil union means a relationship established by two eligible persons which entitles them to receive benefits and protections and be subject to the responsibilities of spouses by obtaining a civil union certificate from the State of Colorado that certifies that the persons named in the certificate have established a civil union in accordance with Colorado law.

Class specification means a written statement of the characteristics, essential functions, responsibilities, qualification requirements and physical characteristics that distinguish a given class from other classes.

Class title means the designation of a class which becomes the official title of all positions allocated to that class for all personnel purposes.

Classification (noun) means one or more positions so nearly alike in the essential character of their duties and responsibilities that the same pay grade, title and qualification requirements can be applied.

Classification (process) means an analysis based on comparative duties, responsibilities and qualification, by which appropriate classes are determined.

Classification plan means a schematic list of classes, supported by class specifications.

Classify means to determine an appropriate class for a position by analysis based on comparative duties, responsibilities and qualifications.

Corrective action means the formal written censure of an employee by a supervisor.

Demotion means the voluntary or involuntary reassignment of an employee from a position in one classification to a position in another classification having a lower maximum pay rate.

Department means a major functional unit of the city, established pursuant to the provisions of Charter Section 5.1.

Department head means the city employee directly responsible for the operation of a department or designee of that city employee.

Discharge means the involuntary termination of employment.

Disciplinary action means an action administered by the appointing authority as a disciplinary measure for an employee's violation of the provisions of Section 54-182 and which may affect an employee's status, pay or tenure.

Domestic partner means a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union.

Eligibility list means the list of persons who have passed all examinations for a career service position.

Employee means the authorized and appointed incumbent in a position of employment with the city, but does not include city councilmembers or persons who only serve on city boards, commissions, committees or authorities.

Established workday means the number of hours regularly assigned to a work shift for a given position (i.e., eight or ten hours).

Established workweek means the number of normally assigned working hours between regularly scheduled days off for a given position.

Examination means the method by which the relative merit and fitness of applicants for a position is determined.

Excluded employee means an employee occupying an excluded position who is not subject to the provisions of the career service system, and therefore does not have the right to appeal such employee's suspension, demotion, or discharge or have the right to file a grievance.

Excluded position means a regular position not subject to the provisions of the career service system.

Fringe benefits means compensation in kind and in cash to employees, exclusive of wages, which may include health, dental, life and disability insurance and pension benefits.

Full-time employee means an employee who occupies a full-time position.

Full-time position means a position with a full-time work schedule.

Grievance means a complaint by a certified employee alleging that such employee has been treated in an unfair or capricious manner with regard to a phase of employment, working condition or working relationship, as defined in Section 54-212.

Hearing authority means the hearing officer or hearing panel that reviews decisions of suspension, demotion, or discharge by the appointing authority appealed to it by a certified employee.

Hearing officer means the person selected by the city and a certified employee to be the hearing authority for an appeal.

Hearing panel means the three person group that is selected by the city and a certified employee to be the hearing authority for an appeal.

Human resources means the work unit of the city responsible for personnel matters.

Human resources director means the person appointed by the city manager as director of the human resources department.

Immediate family member means an employee's husband, wife, domestic partner, partner in a civil union, daughter, son, father, mother, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparent, grandparent-in-law, step-parent, step-child, son-in-law, daughter-in-law, grandchild and all relationships listed above as they relate to domestic partners and partners in civil unions.

Layoff means the termination of employment resulting from abolishing or vacating a position because of lack of work, lack of funds or reorganization.

Leave means any absence during regularly scheduled work hours that has been authorized by the proper authority, including but not limited to vacation, sick, holiday, bereavement, military, court, election, fellow employee funeral, injury, disability, religious, compensation and other paid or unpaid leaves.

Overtime means time for which an employee is directed and authorized to work in excess of the established workweek.

Part-time employee means an employee assigned to a part-time position.

Part-time position means a position with less than a full-time work schedule.

Pay plan means the aggregate pay rates, either single rate or ranges, assigned to each classification.

Pay range means the aggregate of all pay rates, from minimum to maximum, for a single classification as established by the applicable classification and pay plan.

Performance appraisal means a written appraisal of an employee's performance designed to inform the employee of the manner in which the employee is meeting certain standards of performance.

Position means the aggregate of duties and responsibilities assigned to one person. A position may be regular or temporary, full-time or part-time career service or excluded, acting, occupied or vacant.

Probationary employee means an employee who has occupied a career service position for less than the probationary period and therefore has not been certified as subject to the career service system.

Probationary period means the period during which an employee serves at will prior to certification of the employee under the provisions of the career service system.

Promotion means the reassignment of a regular employee from a position in one classification to a position in another classification with a higher maximum pay rate.

Public safety employees means sworn employees of the fire and police departments who are eligible for fire and police pension association benefits.

Reclassification (noun) means the reassignment of a position from one classification to another classification as a result of an analysis of the duties and responsibilities of the position.

Reclassification (process) means the process of analysis by which an established position is reviewed to determine whether the duties and responsibilities of that position merit a change in class designation.

Regular employee means a nontemporary employee who has been appointed to a regular position which is designated for paid leave and fringe benefits pursuant to the provisions of this chapter.

Regular position means a position designated for paid leave and other fringe benefits pursuant to the provisions of this chapter.

Resignation means the voluntary termination of employment by a regular employee.

Retirement means the voluntary termination of employment by a regular employee pursuant to the provisions of Section 54-152.

Seniority means the employee's length of service with the city commencing from the date the employee is hired.

Suspension means an employee's involuntary absence from employment with the city.

Temporary appointment means the temporary appointment of an individual to a position.

Temporary employee means an employee appointed to a temporary position.

Temporary position means a position which is not designated for paid leave and other fringe benefits.

Termination means an employee's voluntary or involuntary separation of employment from the city resulting from death, discharge, resignation, retirement or layoff.

Transfer means the voluntary or involuntary assignment of an employee from one position within a pay range to another position within the same pay range.

Vacant position means a budgeted position which is not occupied.

(Code 1975, § 55-2; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 1, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2585, § 2, 11-15-99; Ord. No. 2592, § 1, 12-13-99; Ord. No. 2656, § 30, 2-12-01; Ord. No. 2663, § 10, 4-23-01; Ord. No. 3133, § 2, 5-25-10; Ord. No. 3155, § 1, 12-7-10; Ord. No. 3245, § 2, 6-25-13)

Cross reference— Definitions generally, § 1-2.

(a)

The hearing authority is hereby created. All certified employees, who claim unjust suspension, demotion or discharge, shall have the right to request and receive a hearing before a hearing authority. The decision of the hearing authority shall be final and binding on all parties.

(1)

Hearing panel. The hearing panel will consist of three persons on the hearing officer list.

(2)

Hearing officer. A hearing officer selected by the appointing authority.

(b)

The city shall maintain a list of qualified hearing officers. Hearing officers shall have a demonstrable ability in labor and employee relation's matters and shall have experience in holding hearings and making findings on employee-related issues. Persons who are on the approved list of labor arbitrators for the American Arbitration Association, members of the National Academy of Arbitrators, or attorneys licensed in Colorado or another state with employment law experience are presumptively qualified for appointment.

(c)

The city shall pay the expenses of the hearing authority. Each hearing officer shall certify that they meet the terms of the city's ethics code and have no conflicts of interest. Each hearing officer shall disclose political contribution provided to any city council candidate or member within the previous two years. In addition, each hearing officer shall disclosure any relationship in any matter between any hearing officer and the city or the employee.

(d)

Upon seven days of receipt of the notice of appeal, the human resources director shall provide a list of qualified available hearing officers accompanied by biographical information about the hearing officers and any disclosures. The list will contain five names if the employee selects a hearing panel and three names if the employee selects a hearing officer. The employee shall select one of the following methods for selecting a hearing officer:

(1)

Each party shall alternate in removing a name from the list of qualified available persons until one name remains. The employee shall notify the human resources director of the name of the individual removed from the list within two days of receipt of the list.

OR

(2)

By mutual agreement of the parties.

The employee shall select one of the following methods for selecting a hearing panel:

(1)

Each party shall alternate in removing a name from the list of qualified available persons until three names remain. The employee shall notify the human resources director of the name of the individual removed from the list within two days of receipt of the list.

OR

(2)

By mutual agreement of the parties.

OR

(3)

Each party shall select one hearing officer and those two persons shall select the third hearing officer for the hearing panel from the list of qualified available persons. The employee shall notify the human resources director of the name of the individual chosen from the list within two days of receipt of the list.

(e)

The hearing authority shall have the authority to:

(1)

Administer oaths and affirmations;

(2)

Determine relevant evidence and related offers of proof;

(3)

Question witnesses;

(4)

At the request of the employee or the city, issue subpoenas for attendance of witnesses and compel the production of books, records and papers;

(5)

Regulate the course of a hearing;

(6)

Hold conferences for the stipulation of issues by consent of the city and the employee;

(7)

Dispose of procedural requests or similar matters;

(8)

Make findings of fact and decisions.

(Code 1975, § 55-3; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 2, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2513, §§ 1, 2, 7-13-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2585, § 3, 11-15-99; Ord. No. 2663, § 11, 4-23-01)

Editor's note— Section 21 of Ord. No. 2585, adopted Nov. 15, 1999, provided for the automatic repeal of § 3 of said ordinance (codified as § 54-3 herein) on Jan. 1, 2002, unless otherwise reaffirmed by city council.

Cross reference— Boards and commissions, § 2-81 et seq.

Editor's note— Ord. No. 2663, § 12, adopted April 23, 2001, repealed § 54-4 in its entirety. Formerly, § 54-4 pertained to the administrative services director and derived from Code 1975, § 55-4; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2503, § 2, adopted May 11, 1998; Ord. No. 2560, § 1, adopted August 9, 1999; Ord. No. 2585, § 4, adopted November 15, 1999.

(a)

Refer to Section 54-2 for the definition of appointing authority.

(b)

All employees who are under the supervision of the city manager or utilities director shall be subject to administrative directives, rules or regulations or policies pertaining to the conduct of city employees which are promulgated by the city manager or human resources director after consultation with the utilities director and city attorney.

(c)

As set forth in subsection (a) of this section and to the extent that such authority is not vested in any other entity by the Charter, applicable ordinances and resolutions of the city council, the appointing authority shall have and retain all rights to administer the affairs of the city, including but not limited to the right to:

(1)

Reprimand, suspend, discharge or otherwise discipline employees.

(2)

Hire, promote, demote, classify, reclassify, transfer, retire, assign, lay off and recall employees to work.

(3)

Judge an employee's skill, ability and efficiency, and general performance.

(4)

Determine the starting and quitting times, and numbers of hours to be worked.

(5)

Determine the assignment of work and the size and composition of the work force.

(6)

Revise, eliminate, combine or establish new jobs and classifications.

(7)

Establish, close down or expand the operation of any facility, department or division, and reduce, increase, alter, combine, transfer or cease any department's operation, equipment or service.

(8)

Subcontract and determine the services to be rendered, bought or sold.

(9)

Introduce technological changes, new, improved or modified services, methods, techniques and equipment, and otherwise generally manage the operation and direct the work force.

(10)

Prepare and hold such competitive examinations for employment with the city as may be required by Section 7.1 of the Charter.

(11)

Prepare for consideration by the city council a position classification/pay plan for regular positions and perform position audits and allocate or reallocate all positions to their proper classifications within the plan.

(12)

Prepare annually for the consideration of city council a pay plan consisting of rates of pay for career service positions, conduct wage studies and recommend such changes in the pay plan as may be necessary.

(13)

Establish and maintain official personnel files for all employees.

(14)

Establish and maintain such records, forms and procedures as may be necessary to facilitate personnel transactions.

(15)

Perform such other duties as prescribed by the city council or as may be necessary to implement the career service system and personnel policies of the city.

(16)

Promulgate such rules and regulations as may be necessary to implement the career service system and personnel policies of the city.

(Code 1975, § 55-5; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 3, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2513, § 3, 7-13-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2585, § 5, 11-15-99; Ord. No. 2663, § 13, 4-23-01)

The appointing authority, at any time deemed by the appointing authority to be necessary or proper for the purpose of enforcement or implementation, may personally or may, by the appointing authority's authorization and through the appointing authority's designee, adopt, amend or rescind written rules and regulations consistent with this chapter and the Charter. Such rules and regulations shall be effective on the dates specified by the appointing authority or the appointing authority's designee and shall be placed on record in the city clerk's office, together with this chapter and applicable ordinances, resolutions and Charter provisions, to be open to public inspection during normal working hours.

(Code 1975, § 55-6; Ord. No. 1988, § 2, 6-25-90)

(a)

Purpose. Employees shall perform their duties in the safest practical manner. It is recognized that unsafe practices can interfere with the efficient administration of city business, damage property, cause suffering, inconvenience, disability and even death to employees and others. It is, therefore, necessary to establish methods to eliminate avoidable hazards and unsafe practices. To further this objective, the appointing authority shall designate the city's risk manager as safety officer for the city. The risk manager shall be responsible for coordinating the establishment of practices and procedures encouraging employees to engage in safe work practices.

(b)

Incident reports. Any employee who observes or is involved in an incident involving a city employee engaged in the performance of the employee's duties for the city in which persons were injured or property damaged shall report such incident to the employee's supervisor. The supervisor shall also report such incident to the employee's department head and the risk manager no later than the end of the next regular workday; provided, however, that when such accident requires medical treatment, hospitalization or results in death, it shall be immediately reported to the department head and to the risk manager.

(c)

Safety program. The risk manager shall be responsible for adopting and administering the city's safety program. The city's safety program shall conform with applicable federal and state legislation, occupational or industry standards and generally accepted safety procedures. The risk manager shall prepare a safety manual outlining specific procedures relating to accident prevention, loss control, and safety rules and responsibilities. The risk manager shall also establish safety committees and/or accident review boards and such other employee groups as are desirable to provide employee input into establishing and maintaining safe work place practices and fair and consistent disciplinary actions.

(Code 1975, § 55-7; Ord. No. 1988, § 2, 6-25-90)

(a)

Policy. It shall be the policy of the city to encourage and provide educational and training opportunities to all employees without regard to disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, citizenship, immigration status, age, religion, genetic information, pregnancy or related condition, military status, or any other status protected under applicable federal, state, or local law. To effectuate this policy, the city will provide intra-city training programs and outside educational opportunities with the intent to increase the proficiency, knowledge, skills and abilities of employees.

(b)

City-initiated training. The appointing authority shall provide employees with in-service training as deemed necessary by the appointing authority. Participating employees shall be compensated in accordance with the provisions of the applicable pay plan for such time as the employees are in attendance in the training sessions.

(c)

Employee-initiated training. Employees desiring to enroll in job-related courses and/or degree programs to be attended outside of employees' work hours may receive reimbursement for tuition, books and course-related fees from the city, subject to funding approved by the city council, in accordance with the following:

(1)

Approval.

a.

Any employee desiring reimbursement for tuition, books and course-related fees incurred in a job-related course and/or degree program from either an accredited college or university or a non-accredited educational institution shall complete the required form, which shall be submitted to the employee's department head.

b.

The department head shall review the employee's request to ensure that the course and/or degree program is job-related and provides skills or knowledge that will enhance the employee's ability to perform the duties and responsibilities of the employee's current position.

c.

The department head shall note such department head's recommendation on the form and shall submit the request to the human resources director.

d.

If it appears to be in the best interest of the city and adequate funding is available, the human resources director may approve the request for educational assistance.

(2)

Tuition reimbursement.

a.

To be eligible to receive reimbursement for tuition, books and course-related fees, the employee must have obtained the prior written approval of the employee's department head and human resources director as set forth in this section. Within 30 days of completing the course, the employee shall submit a request for tuition reimbursement form, attach grade reports and all receipts and give such form to the human resources director. The human resources director shall review and, if appropriate, approve the reimbursement which shall be on the basis of the grade obtained for each course. For a course grade of A or B, the employee shall be reimbursed 100 percent of the cost of tuition, books and course-related fees. The employee shall be reimbursed for a grade of C for 50 percent of such costs and shall receive no reimbursement for a grade of D, F or an incomplete grade unless or until such course is completed with the requisite passing grade. If a course is graded on a pass/fail basis, an employee who receives a grade of pass shall receive 100 percent reimbursement for the above costs and no reimbursement for a failing grade. For courses at a non-accredited educational institutions where no grade is given the requesting employee must provide evidence that he or she successfully completed the course. No employee shall receive more than a total of $1,500.00 in such reimbursements in any calendar year, subject to available budget.

b.

Any employee receiving financial assistance from the city for one or more courses pursuant to the provisions of this section shall reimburse the city for any such course, by payroll deduction or otherwise, if the employee voluntarily leaves employment, except as a result of retirement, with the city within 12 calendar months of completing such course.

c.

An employee shall receive tuition reimbursement from the city only to the extent that such benefits are not provided from another source such as a veteran's assistance program, which benefits shall first be applied and exhausted.

d.

The human resources work unit shall administer and/or monitor the tuition reimbursement program for all employees.

e.

The tuition reimbursement program for employees covered by a collective bargaining agreement shall be governed by the provisions of the applicable collective bargaining agreement.

(Code 1975, § 55-8; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2412, § 1, 4-8-96; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2592, § 2, 12-13-99; Ord. No. 2663, § 14, 4-23-01; Ord. No. 3133, § 3, 5-25-10; Ord. No. 3420, § 1, 12-20-16; Ord. No. 3571, § 1, 11-17-20; Ord. No. 3674, § 3, 9-25-24)

As a means of recognizing the value of the continued and faithful service of city employees, all employees of the city shall receive appropriate awards for periods of service as established by personnel or administrative directive. The human resources director shall ensure that all service awards are presented by an appropriate person and in an appropriate setting.

(Code 1975, § 55-9; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 15, 4-23-01)

(a)

Custody and content. The human resources manager shall maintain a personnel file for each employee which shall include such information as the employee's name, position title, department, salary, application for employment, examination papers, physical examination, reports, information relating to changes in employment status, reprimands, disciplinary actions and any other information considered pertinent by the human resources manager. Employees shall be required to report all changes of name, marital status, dependents, domestic partner status, civil union status, address and home telephone numbers to the human resources manager within three working days of such change.

(b)

Retention and destruction. The human resources director shall retain the personnel records of all current city employees. Records of former employees, not to include payroll records, shall be retained in accordance with the retention schedule approved by the state archivist.

(c)

Access. No person shall be given access to personnel files except as permitted by law or administrative directive.

(Code 1975, § 55-10; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 16, 4-23-01; Ord. No. 3133, § 4, 5-25-10; Ord. No. 3245, § 3, 6-25-13)

If requested, the human resources department may confirm whether an individual is or has been an employee of the city, the dates of employment, last position held and salary. No other information concerning an employee or former employee shall be released to any prospective employer, collection agency, credit bureau or any other party not expressly granted the right to such information by law, unless the employee or former employee has submitted a signed statement authorizing such release and waiving any cause of action against the city, its agents, employees and officials for the release of such information. In the event of a conflict between this section and the requirements of C.R.S. Tit. 24, Art. 72, Pt. 2 (C.R.S. § 24-72-201 et seq.), relating to public records, the requirements of the statutory provision shall prevail.

(Code 1975, § 55-11; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 17, 4-23-01)

Any employee may petition the appointing authority in writing to have an item removed from or corrected in such employee's personnel file. The reason for the request shall be stated in such petition. The appointing authority shall determine, in the appointing authority's discretion, whether such item should be removed from or corrected in the file on the basis that the information contained in the personnel file sought for removal or correction is substantially incorrect. If the appointing authority determines that the request is well founded, the appointing authority shall, at the appointing authority's discretion, either remove or correct the material or permit the employee to submit additional documentation supporting the request.

(Code 1975, § 55-12; Ord. No. 1988, § 2, 6-25-90)

Each regular position within the city shall be classified and shall be identified by a class specification and class title, and all positions within a classification shall be subject to the same pay range.

(Code 1975, § 55-13; Ord. No. 1988, § 2, 6-25-90)

(a)

Application. Except as provided by the Charter, the provisions of this section shall apply to all regular positions in the city.

(b)

Purposes. The purposes of classification shall be to:

(1)

Provide like pay for like work.

(2)

Establish qualification standards for recruiting and testing purposes.

(3)

Provide the appointing authority with a means of analyzing work distribution, areas of responsibility, lines of authority and other relationships between positions.

(4)

Assist the appointing authority in determining budget requirements.

(5)

Provide a basis for developing standards of work performance.

(6)

Establish lines of promotion.

(7)

Indicate training needs.

(8)

Provide uniform titles for positions.

(c)

Classification of career service positions.

(1)

The appointing authority shall establish rules and regulations for classifying new positions and reviewing existing positions utilizing a job evaluation method.

(d)

Classification of excluded positions. Excluded positions shall be classified as follows:

(1)

The appointing authority shall adopt a job evaluation method and shall direct the human resources director to implement and maintain a classification plan using such method.

(2)

The human resources director shall establish rules and regulations for classifying new positions and reviewing existing positions utilizing the evaluation method.

(e)

Creation of positions. The appointing authority shall have exclusive authority over the creation of all positions. The assignment of duties to a position, whether such duties may be temporary, permanent, incidental or essential, and any decisions concerning location of work, equipment and tools furnished, hours of work and working conditions shall be wholly the responsibility of the appointing authority, except as set for an applicable collective bargaining agreement authorized by the Charter, and the classification plan shall in no way operate or be construed to operate to limit or to interfere with the responsibility for the assignment of duties to a position.

(Code 1975, § 55-14; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2585, § 6, 11-15-99; Ord. No. 2663, § 18, 4-23-01)

(a)

The city manager or the manager's designee shall annually conduct and complete a wage survey for all employees in the career service system. In preparing the pay plan, in addition to considering the wage survey, the city manager or designee shall consider any recommendations and pay surveys made and conducted by employees, or organizations representing employees.

(b)

The pay plan, including fringe benefits, shall be equal to general prevailing rates of employers (public and private sector), selected by the city manager and approved by the city council and shall provide like pay for like work. The city council shall approve the pay plan.

(c)

The wage survey shall give consideration to the following:

(1)

The prevailing wage rates and fringe benefits paid to employees in similar positions.

(2)

Such other pertinent and related information as the city council deems necessary.

(d)

The council shall annually enact a pay plan for all positions in the career service system. The council shall conduct a public hearing before adopting the pay plan. At the hearing, any employees or agents or representatives of employees may appear in addition to any other interested parties. Prior to the hearing, each employee shall be given written notice of the hearing, which notice shall have attached to it a copy of the city manager recommended pay plan. A notice advertising the public hearing shall be published, pursuant to Section 2-1, at least ten consecutive days before the hearing.

(e)

Following the hearing, the council shall adopt a pay plan by resolution for the next ensuing fiscal year meeting the requirements of this section. The adoption of such pay plan shall constitute a legislative act and shall be final and binding as to all career service wages for the next ensuring fiscal year.

(Code 1975, § 55-15; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2513, §§ 4—7, 7-13-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2585, § 7, 11-15-99; Ord. No. 3392, § 17, 8-9-16; Ord. No. 3476, §§ 17, 7-10-18)

Charter reference— Career service pay, § 7.1(c), (d).

At the direction of the appointing authority, the human resources director shall annually conduct a wage survey for all excluded positions and present to the city council, for its approval, salaries for such positions.

(Code 1975, § 55-16; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 19, 4-23-01)

Employees shall be paid in accordance with their pay plan. The appointing authority shall have final authority with regard to the particular rate of pay granted employees within the approval pay and classification plans.

(Code 1975, § 55-17; Ord. No. 1988, § 2, 6-25-90)

The minimum rate of pay for a classification shall be paid to employees commencing employment with the city except that, upon the recommendation of the employee's department head and the approval of the human resources director, an employee may be compensated up to the maximum rate of pay for the employee's class commensurate with the employee's experience and training if in the best interests of the city; provided, however, that the compensation of an employee commencing employment with the city shall not exceed the median pay for that pay range without the approval of the appointing authority.

(Code 1975, § 55-18; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 20, 4-23-01)

(a)

When an employee is promoted the employee's pay shall be increased to the greater of the following, rounded to the nearest dollar:

(1)

One hundred five percent of the employee's previous base pay.

(2)

The starting pay for the new pay range.

(3)

If the employee is promoted to a supervisory position, 105 percent of the base pay of the employee's highest paid subordinate, not to exceed the top pay for the new pay range.

(b)

Upon promotion an employee's pay may exceed the limitations set forth in this section upon the authorization of the appointing authority after consideration of the recommendations of the human resources director.

(Code 1975, § 55-19; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 21, 4-23-01)

(a)

An employee who is involuntarily demoted to another position as a result of a nondisciplinary action shall maintain pay as close to the employee's current base pay, not to exceed seven percent above the top of the new range.

(b)

The appointing authority shall designate the pay an employee who is demoted through disciplinary action shall receive within the employee's new pay range.

(c)

When an employee requests a voluntary demotion, the employee shall be allowed to apply for any vacant position for which the employee is qualified. The appointing authority shall notify the employee as to the employee's pay in the new classification prior to the employee's acceptance or rejection of the voluntary demotion. The new pay will not exceed seven percent above the top of the range.

(Code 1975, § 55-20; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 4, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 3185, § 1, 10-11-11)

An employee's pay and anniversary date shall remain unchanged upon being voluntarily or involuntarily transferred.

(Code 1975, § 55-21; Ord. No. 1988, § 2, 6-25-90)

(a)

If, as a result of reclassification or other action, the minimum pay for a position is increased, the pay of employees holding such position shall, if necessary, be increased to the minimum pay within the new pay range or such higher pay as the appointing authority approves.

(b)

If the maximum pay for a position is decreased, the pay of any employee which exceeds the maximum shall be decreased in accordance with administrative directive.

(Code 1975, § 55-22; Ord. No. 1988, § 2, 6-25-90)

(a)

An employee shall be compensated at the employee's normal pay rate while on leave except as follows:

(1)

The employee shall receive no compensation if the employee is on unpaid leave.

(2)

Any employee who is eligible for injury leave shall receive from the city the employee's normal base pay, less deductions for 90 consecutive calendar days from the first day of disability. During these 90 days, any disability benefits payable as wages to the employee under the state's Worker's Compensation Act will be paid to the city as partial reimbursement of the cost of injury leave pay. After the 90 days have ended, the employee shall receive disability benefits payable as wages to the employee under the state's Worker's Compensation Act, directly from the city worker's compensation carrier or administrator.

(3)

An employee who is on disability leave shall receive 60 percent of the employee's base pay up to the date upon which the employee remains disabled and is eligible for long-term disability benefits as provided for below in this subsection, regardless of whether or not the employee has actually applied for such long-term disability benefits or whether such long-term disability benefits have been granted, but in no event shall this period of time extend beyond 12 months of such disability. Thereafter, if the employee qualifies for long-term disability benefits under the provisions of the city's long-term disability policy for non-police officers and for police officers hired before January 1, 1997 and under the provisions of the State Fire and Police Pension Association for police officers hired on or after January 1, 1997, the employee shall receive the percent of the employee's base pay specified in the applicable disability plan and subject to any limitations provided for in such plan or insurance policy.

(b)

An employee who has been suspended as a result of disciplinary action shall receive no pay during such suspension except as provided in Section 54-186.

(c)

Unless otherwise agreed to by the employee and appointing authority, an employee who has been suspended as the result of a violation of the city's policy on drug and alcohol abuse, as set forth in Article XI of this chapter, shall be deemed to be on sick or disability leave during such period of suspension, as provided in Sections 54-311 and 54-317, and shall be compensated pursuant to the provisions of subsection (a) of this section.

(d)

A police officer who has been relieved of job duties pending the investigation of an incident in which the officer discharged a firearm or used deadly force in the performance of such officer's duties shall be compensated at the officer's normal base pay rate during such investigation.

(e)

An employee who has been relieved of job duties in the best interests of the city, pursuant to the provisions of Section 54-150(e), shall be compensated at the employee's normal pay rate during such time.

(Code 1975, § 55-23; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2446, § 1, 1-13-97; Ord. No. 3505, § 1, 12-18-18)

Subject to budgetary restraints and at the sole discretion of the appointing authority, an employee who has terminated employment with the city as a result of resignation may be granted appropriate severance pay and/or placed in an out-placement program at city expense.

(Code 1975, § 55-24; Ord. No. 1988, § 2, 6-25-90)

(a)

Employee performance appraisal system. The appointing authority shall establish and maintain a system for appraising an employee's job performance not less frequently than annually.

(b)

Award of merit pay. Subject to funding as approved by the city council, merit pay increases may be awarded to regular employees as follows:

(1)

At the discretion of the appointing authority and in such amount as the appointing authority deems appropriate, the pay rate of an employee may be increased if such employee's latest performance appraisal indicates the employee met or exceeded the established performance requirements for such employee's position. The employee's base pay shall be increased by the merit pay, not to exceed the maximum pay within the applicable pay range. Any merit pay in excess of such maximum pay shall be paid in the form of a lump sum and shall not affect the employee's base pay or fringe benefits.

(2)

An employee whose latest performance appraisal indicates that the employee has not met the established performance requirements for such employee's position shall not receive a merit pay increase.

(3)

Only those currently employed at the time increases are actually administered are eligible to receive retroactive increases. No increases shall be paid to former employees.

(Code 1975, § 55-25; Ord. No. 1988, § 2, 6-25-90)

(a)

The pay of an employee who is assigned to a vacant position with a higher pay range on a temporary or acting basis for a period of 15 or more workdays within any six-month period shall be increased during such temporary assignment in accordance with the provisions of Section 54-45 and any applicable administrative directive. Assignments under this section will be compensated only if worked in complete shifts. Employees temporarily assigned to another position for a period less than a complete shift may not count those hours toward the accumulation of the 15 workdays.

(b)

When a department requires an employee to perform the tasks of a higher level classification and such position is not vacant, the department director may request from the appointing authority through administrative services that such employee be temporarily assigned to the higher level classification for which the employee will be compensated appropriately.

(Code 1975, § 55-26; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 4, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99)

It is the responsibility of each employee to report hours due for compensation in accordance with city policies and procedures. Hours must be reported on the time sheet for the period in which those hours were worked.

(Code 1975, § 55-27; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 4, 3-21-94)

(a)

Overtime compensation.

(1)

A regular employee subject to the Career Service System and Fair Labor Standards Act (FLSA) who, with the supervisor's approval, works hours in excess of his or her established workweek shall be paid for such hours in accordance with the provisions of the FLSA. Holiday leave and vacation leave shall be included as hours worked for the purposes of calculating overtime.

(2)

A part-time or temporary employee shall be paid for all such hours worked in excess of the established workweek for such employee in accordance with FLSA. No such employee shall work in excess of the workday or workweek except with the employee's supervisor's approval.

(b)

Compensatory time.

(1)

At the discretion of the department head and with the consent of the affected employee, FLSA employees may be granted compensatory time in lieu of payment for overtime. Compensatory time shall be earned at the rate of 1½ hours of compensatory time for each hour worked in excess of the established workweek. The maximum number of compensatory time hours that an FLSA employee may accumulate shall be limited to 100 hours. For certain work groups, the city manager, or designee, may determine that the payment of overtime is more cost-effective and/or efficient for the city than the accrual of compensatory time and thus a lower maximum or none at all may be established for these work groups.

(2)

The accrual and use of compensatory time may be modified by administrative directive.

(c)

Administrative leave for certain employees. The appointing authority shall establish an administrative leave policy by administrative directive.

(d)

Training. When training is required by the city for an employee, every effort will be made to arrange for such training during the employee's regularly scheduled work hours. Should training time result in overtime, prior authorization by the employee's supervisor must be obtained.

(Code 1975, § 55-28; Ord. No. 1988, § 2, 6-25-90; Ord. No. 3155, § 2, 12-7-10; Ord. No. 3420, § 2, 12-20-16; Ord. No. 3504, § 1, 12-18-18; Ord. No. 3635, § 1, 11-29-22)

(a)

Uncontrolled on-call time. An employee shall be considered to be on uncontrolled on-call status during such time as the employee is required by the employee's supervisor to be immediately available by pager or phone in the event it is necessary for the employee to return to work during the employee's off-duty hours. Only employees subject to the Fair Labor Standards Act shall be compensated for uncontrolled on-call time which shall be at the rate of one-eighth hour of the employee's regular hourly pay for each hour during which the employee is on uncontrolled on-call time. An employee shall not receive uncontrolled on-call pay for hours actually worked.

(b)

Controlled on-call time. Controlled on-call time, during which an employee is required to remain on-call at the work site or so close to such location that the employee cannot use the time effectively for such employee's own purposes, shall be considered time worked. An employee shall not be authorized to be on controlled on-call status except with the prior written consent of the employee's department head.

(c)

Compensation for transit time. When an employee is called back to work while on controlled or uncontrolled on-call status or for unscheduled work, time spent in traveling between the employee's residence and the work site, via the most direct route, shall be considered time worked.

(Code 1975, § 55-29; Ord. No. 1988, § 2, 6-25-90; Ord. No. 3155, § 3, 12-7-10)

The appointing authority may provide for work breaks during the working day. No more than two such breaks may be granted, not to exceed 15 minutes each. Work breaks shall not be considered to accumulate if they are not taken and shall not be used to shorten the normal workday or to alter the assigned lunch period. The granting of such breaks shall depend on the constraints of working conditions within each department, and regulations regarding such breaks shall be set forth by the department head of the respective department.

(Code 1975, § 55-30; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 5, 3-21-94)

(a)

No recruitment for a career service position shall commence until the human resources director has completed a class specification and assigned a pay range for the position.

(b)

Career service recruitments shall be based on open and competitive examinations consistent with generally accepted employment guidelines established by the appropriate appointing authority upon recommendation of human resources.

(c)

Employment and promotions to career service recruitments shall be made from an established eligibility list. The appointing authority may establish criteria for qualified applicants regarding when a competitive examination is administered/waived consistent with the Charter.

(d)

Human resources, with approval from the appointing authority, shall establish and maintain written procedures regarding the recruitment process for career service positions.

(Code 1975, § 55-31; Ord. No. 1988, § 2, 6-25-90; Ord. No. 3504, § 2, 12-18-18)

Editor's note— Ord. No. 3504, § 2, adopted Dec. 18, 2018, changed the title of § 54-111 form "Applicability" to "Career service recruitment," as set out herein.

Editor's note— Ord. No. 3504, § 3, adopted Dec. 18, 2018, repealed § 54-112, which pertained to class specification and pay range and derived from the Code of 1975, § 55-32; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2503, § 2, adopted May 11, 1998; Ord. No. 2560, § 1, adopted Aug. 9, 1999; Ord. No. 2663, § 22, adopted April 23, 2001.

Editor's note— Ord. No. 3504, § 4, adopted Dec. 18, 2018, repealed § 54-113, which pertained to eligibility for appointment and derived from the Code of 1975, § 55-33; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2503, § 2, adopted May 11, 1998; Ord. No. 2560, § 1, adopted Aug. 9, 1999; Ord. No. 2663, § 23, adopted April 23, 2001.

Editor's note— Ord. No. 3504, § 5, adopted Dec. 18, 2018, repealed § 54-114, which pertained to applicant pool and derived from the Code of 1975, § 55-34; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2503, § 2, adopted May 11, 1998; Ord. No. 2560, § 1, adopted Aug. 9, 1999; Ord. No. 2663, § 24, adopted April 23, 2001.

Editor's note— Ord. No. 3504, § 6, adopted Dec. 18, 2018, repealed § 54-115, which pertained to career service examinations and derived from the Code of 1975, § 55-35; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2503, § 2, adopted May 11, 1998; Ord. No. 2560, § 1, adopted Aug. 9, 1999; Ord. No. 2585, § 8, adopted Nov. 15, 1999; Ord. No. 2663, § 25, adopted April 23, 2001.

Editor's note— Ord. No. 3504, § 7, adopted Dec. 18, 2018, repealed § 54-116, which pertained to eligibility lists and derived from the Code of 1975, § 55-36; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2503, § 2, adopted May 11, 1998; Ord. No. 2560, § 1, adopted Aug. 9, 1999; Ord. No. 2585, § 9, adopted Nov. 15, 1999; Ord. No. 2663, § 26, adopted April 23, 2001.

Editor's note— Ord. No. 3504, § 8, adopted Dec. 18, 2018, repealed § 54-117, which pertained to Veterans' preference credits and derived from The Code of 1975, § 55-37; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2309, § 6, adopted Mar. 21, 1994.

Editor's note— Ord. No. 3504, § 9, adopted Dec. 18, 2018, repealed § 54-118, which pertained to results of career service examinations and derived from the Code of 1975, § 55-38; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2503, § 2, adopted May 11, 1998; Ord. No. 2560, § 1, adopted Aug. 9, 1999; Ord. No. 2663, § 27, adopted April 23, 2001.

(a)

Authority to appoint. The appointing authority shall have exclusive authority over the appointment of persons to career service positions.

(b)

Appointment to career service positions. No person shall be appointed to a career service position except by transfer, demotion, temporary appointment or appointment from an appropriate eligibility list.

(c)

Appointments from eligibility lists. If a vacancy is filled by appointment from an eligibility list, the person to be appointed shall be selected from among the three persons ranking highest on the eligibility list, except that appointments from any reemployment eligibility list shall be made in accordance with the provisions of Section 54-153.

(Code 1975, § 55-39; Ord. No. 1988, § 2, 6-25-90; Ord. No. 3504, § 10, 12-18-18)

(a)

Certified employees.

(1)

Certified employees shall have the right to appeal to the hearing authority their suspension, demotion, or discharge on the grounds that such action is unjust. Certified employees may also file grievances, on those matters involving a phase of employment, working conditions, or working relationships that are of concern and interest to an employee, in which such employee feels that the employee has been dealt with in an unfair or capricious manner in violation of the employee's rights. Certified employees shall also enjoy those benefits set forth in Article X of this chapter.

(2)

Certified employees who accept temporary appointments to another position within the city shall continue to have certified status except the right to a hearing to review a demotion from or termination of their temporary appointment. Upon termination of the temporary appointment, the employee shall be entitled to return to the employee's former position or to another position within the same classification.

(b)

Temporary employees.

(1)

Persons appointed to temporary positions within the city shall have no rights to an expectation of continued employment with the city; shall have no right to appeal their suspension, demotion, or any change in their status or pay; shall serve at the will and pleasure of the appointing authority; and shall not have the right to file a grievance pursuant to Section 54-213. Such persons shall also not be entitled to any fringe benefits.

(c)

Probationary employees. Probationary employees may be discharged by the appointing authority at any time during the probationary period, with or without cause, shall have no right to an expectation of continued employment and shall serve at the will and pleasure of the appointing authority. The probationary period for all career service positions shall be 12 months, except for the position of police officer, for which the probationary period shall be 18 months. If an employee accepts a promotion, demotion, transfer, or appointment during the employee's original probationary period, the probationary period will remain the same and not be changed. However, an existing employee who is hired as a police officer shall serve an 18-month probationary period notwithstanding any previous probationary period served. Probationary employees may not appeal to the hearing authority their suspension, demotion, or discharge but are entitled to the fringe benefits set forth in Article X of this chapter.

The appointing authority may, after recommendation from the appropriate department head, extend the probationary period if the appointing authority believes it to be in the best interest of the organization and the employee.

(d)

Excluded employees. Persons appointed to positions within the city excluded from the career service system shall have no rights to an expectation of continued employment with the city; shall serve at the will and pleasure of the appointing authority; shall have no right to appeal their suspension, demotion or any change in their status or pay under Section 54-183 and shall not have the right to file a grievance pursuant to Article VII of this chapter but are entitled to the fringe benefits set forth in Article X of this chapter.

(Code 1975, § 55-40; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 7, 3-21-94; Ord. No. 2585, § 10, 11-15-99; Ord. No. 3186, § 1, 10-25-11; Ord. No. 3504, § 11, 12-18-18)

Editor's note— Ord. No. 3504, § 12, adopted Dec. 18, 2018, repealed § 54-146, which pertained to promotions and derived from The Code of 1975, § 55-41; Ord. No. 1988, § 2, adopted June 25, 1990.

Editor's note— Ord. No. 3504, § 13, adopted Dec. 18, 2018, repealed § 54-147, which pertained to transfers and derived from the Code of 1975, § 55-42; Ord. No. 1988, § 2, adopted June 25, 1990; Ord. No. 2585, § 11, adopted Nov. 15, 1999.

Editor's note— Ord. No. 3504, § 14, adopted Dec. 18, 2018, repealed § 54-148, which pertained to demotions and derived from the Code of 1975, § 55-43; Ord. No. 1988, § 2, adopted June 25, 1990.

If an employee is incapable of performing the duties of the employee's position as a result of a physical or mental disability, the appointing authority may relieve the employee from the employee's job duties until such time as the employee is capable of resuming such duties. During the period of such disability, the employee shall be entitled to those sick leave and disability benefits to which the employee is entitled pursuant to the provisions of Article X of this chapter and shall be compensated as provided in Section 54-49.

(Code 1975, § 55-44; Ord. No. 1988, § 2, 6-25-90)

(a)

Disciplinary measure. The appointing authority may suspend an employee from the performance of the employee's duties as a disciplinary measure pursuant to the provisions of Section 54-184.

(b)

Summary suspension. An employee may be suspended pursuant to the provisions of Section 54-186 prior to hearing:

(1)

Pending the determination of a disciplinary action resulting from the alleged commission of a felony or a crime of moral turpitude;

(2)

For the protection of persons or property; or

(3)

To ensure the efficient operation of city government.

(c)

Suspension of intoxicated or impaired employee. An employee who is reasonably suspected to be under the influence of or impaired by the consumption of alcohol and/or drugs may be relieved from the employee's job duties pursuant to the provisions of Article XI of this chapter.

(d)

Pending investigation. In accordance with applicable rules, regulations, policies or orders of the police department, a police officer may be relieved from such officer's job duties prior to a hearing during the pendency of an investigation of any incident in which the officer discharged a firearm or used deadly force in the course of such officer's employment.

(e)

Best interests of city. If in the best interests of the city, the appointing authority may relieve an employee from the employee's job duties.

(f)

Pay and fringe benefits. Except as otherwise provided in this chapter, an employee who has been suspended or relieved from job duties pursuant to this section shall receive such pay and fringe benefits as are authorized by Sections 54-49 and 54-326, respectively, but not to include automobile, uniform or tool allowances.

(Code 1975, § 55-45; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 17, 3-21-94)

(a)

A resignation is the voluntary termination of employment by an employee. An employee who resigns shall submit a letter of resignation to the city which shall state the reason for resignation and the effective date of the resignation. Any employee who resigns shall forfeit all rights to appeal any pending disciplinary action.

(b)

If an employee fails to appear for such employee's regular work assignment for two consecutive shifts without providing notification to such employee's supervisor as required by ordinance or departmental regulations, the employee's actions will be considered a voluntary resignation.

(Code 1975, § 55-47; Ord. No. 1988, § 2, 6-25-90)

Regular employees may retire with all benefits accorded such status pursuant to Section 54-326 if they meet one or more of the following criteria:

(1)

Complete 20 years of continuous service with the city.

(2)

Complete at least ten years of continuous service with the city and attain age 62.

(3)

Qualify for normal or disability retirement in accordance with the provisions of the applicable general employee, fire or police pension plan.

(Code 1975, § 55-48; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2592, § 3, 12-13-99)

(a)

If the appointing authority deems it in the best interests of the city, the number of city employees may be reduced by abolishing or vacating one or more positions.

(b)

All temporary and probationary employees shall be terminated prior to the layoff of any certified employee within the same job classification.

(c)

Certified employees within a classification shall be laid off in reverse order to their seniority; provided, however, that certified employees entitled to veteran's preference credits, under the provision of Article XII, Section 15, of the State Constitution, shall receive credit for military service in accordance with such provisions.

(d)

In lieu of layoff, certified employees shall have the right to request and be granted a voluntary demotion or lateral transfer to a vacant position in the city. In the event no such vacant position exists, the employee may request and be granted a voluntary demotion to a position in the employee's department which is occupied by an employee with less seniority than the requesting employee. In such event, the employee with lesser seniority shall be subject to layoff pursuant to the provisions of this section. Any such request for voluntary demotion or lateral transfer may be granted only if the appointing authority first makes a determination that the employee is qualified to perform the duties of the position being requested.

(e)

Employees on layoff status shall not be entitled to receive any compensation, fringe benefits or accumulation of seniority from the city; provided, however, that such employees may retain whatever health, life and dental insurance benefits they enjoyed prior to layoff in accordance with the provisions of the Federal Consolidated Omnibus Reconciliation Act (COBRA).

(f)

The retention of insurance benefits as set forth in subsection (e) of this section is subject to the laid off employee's paying each month's applicable insurance premiums in advance and to the terms of the city's insurance policies as they may, from time to time, be amended. If insurance premiums are not paid by the due date, the insurance shall be canceled.

(g)

Laid-off employees shall be compensated for unused compensatory leave in accordance with Section 54-82, unused vacation leave in accordance with Section 54-308, and unused sick leave in accordance with Section 54-313.

(h)

Any certified employee who is laid off pursuant to the provisions of this section may appeal such layoff pursuant to the provisions of Section 54-185.

(i)

Certified employees laid off pursuant to the provisions of this section shall be placed on a reemployment eligibility list in the order of seniority, including length of military service as required by Article XI, Section 15, of the State Constitution. An employee's inclusion on a reemployment eligibility list shall be effective for a period of 18 months from the date of the employee's layoff. Whenever a vacancy shall occur within any classification for which such a list has been established, the position shall be offered to those persons on the list in order of their seniority. Notice of recall shall be sent to the last known address of the former employee, as shown by the records of human resources. Persons on such list shall have the responsibility of reporting all changes of address to the human resources director while on layoff status. If a person on such list fails to respond to such written notice within ten working days or fails to report to human resources within ten days of the date of such notice, such person shall be deemed to have declined employment with the city, and such person's name shall be removed from the reemployment eligibility list. Upon recall, employees shall be entitled to all benefits for which they have not been compensated and which accrued prior to being laid off. Except as set forth in this subsection, employees shall accrue no benefits or seniority during the period in which they are laid off.

(Code 1975, § 55-49; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 28, 4-23-01)

(a)

Discharge as result of disability.

(1)

The appointing authority may discharge an employee who, as a result of a mental or physical disability, is unable to perform the essential functions of such employee's position after six months from the first date of absence from work or sooner in the event a city-approved physician determines that the employee is permanently disabled and unable to perform the essential functions of such employee's position without unreasonable accommodation by the city.

(2)

Any certified employee discharged as a result of a disability may appeal such discharge pursuant to the provisions of Section 54-185, provided that, upon request, the employee permits a city-designated physician to examine the employee at least ten days prior to the hearing before the hearing authority.

(b)

Discharge as result of disciplinary action.

(1)

The appointing authority may discharge an employee from the performance of duties as a disciplinary measure pursuant to the provisions of Sections 54-183 and 54-184.

(2)

A certified employee who is discharged from employment with the city as a result of the provisions of this section shall have the right to appeal such discharge pursuant to Section 54-185.

(Code 1975, § 55-50; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2585, § 12, 11-15-99; Ord. No. 3420, § 3, 12-20-16)

Upon the death of an employee, the human resources director shall ensure that the deceased employee's benefits due from the city shall be paid to the appropriate individuals as soon as practicable.

(Code 1975, § 55-51; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 29, 4-23-01)

(a)

A department head may issue to an employee under the department head's supervision a corrective action for unsatisfactory work performance or for any violation of federal, state, or municipal law, or an administrative directive or rule or regulation of the city.

(b)

The employee shall acknowledge receipt of the corrective action by signing and dating a copy which shall be placed in the employee's personnel file but shall not result in the demotion, suspension or discharge of the employee nor shall such action affect the employee's pay, classification, tenure or benefits but may be considered in any subsequent disciplinary action pursuant to the provisions of Section 54-184.

(c)

An employee who is subject to a corrective action shall not have the right to a hearing or the right to appeal the corrective action to the hearing authority, but may file a written response to the corrective action which shall be included in the personnel file.

(Code 1975, § 55-52; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2585, § 13, 11-15-99)

(a)

Definition. A disciplinary action is an action administered by the appointing authority as a disciplinary measure which may affect an employee's status, pay or tenure and may include but is not limited to suspension, demotion or discharge.

(b)

Grounds for disciplinary actions. Grounds for disciplinary actions include acts involving unsatisfactory work performance by an employee, or employee conduct which would prejudice the public interest, including but not limited to:

(1)

Violation of personnel or departmental rules or regulations, administrative directives or orders.

(2)

Insubordination including a failure to comply with the lawful orders of a supervisor.

(3)

Failure to perform adequately the assigned duties of a job, whether through malfeasance, nonfeasance, misconduct, inefficiency, incompetency, negligence or otherwise.

(4)

Being under the influence of or impaired by alcohol or an illegal drug or having unauthorized possession of an illegal drug while on duty, or on-call or having unauthorized possession of alcohol while on duty or on city property, or in violation of any personnel or departmental rule, regulation, policy or order pertaining to the possession of consumption of alcohol or drugs.

(5)

Intentionally or negligently damaging or misusing city property or funds or the theft of city property or funds.

(6)

Use of official position or authority for personal profit or advantage such as to gain, or attempt to gain, promotion, leave, favorable assignment or other individual benefit or advantage.

(7)

Knowingly providing false information or knowingly omitting material information in applying for employment or promotion with the city or during the course of the employee's duties.

(8)

Soliciting, accepting or agreeing to accept any gift, gratuity or pecuniary benefit upon an agreement or understanding that the vote, opinion, judgment, exercise of discretion, or other action of the employee as an employee of the city will thereby be influenced or violating any personnel or departmental rule, regulation, directive or policy pertaining to the acceptance of gratuities.

(9)

Unauthorized or improper use of any type of leave including abuse of sick leave.

(10)

Sleeping on duty except where expressly authorized by the appointing authority as with certain fire department employees.

(11)

Failure to obtain and maintain a current license or certificate required as a condition of employment.

(12)

Failure to complete a required training program which is a part of the employee's job assignment.

(13)

Commission of a felony or a crime involving moral turpitude.

(14)

Violation of the code of ethics of the city.

(15)

Unauthorized disclosure of confidential information from city records or documents in violation of applicable laws of the state or personnel or departmental rules, regulations, directives or policies or the falsification, destruction or unauthorized use of city records, reports or other data.

(16)

Violation of any federal or state law or county or municipal ordinance in the course of employment duties.

(17)

Repeated tardiness in reporting to work, failure to adhere to the established work schedule or failure to obtain authorization for overtime prior to overtime work as established by general written departmental rules, regulations or policy.

(18)

Negligently or willfully endangering the safety of persons or property while on duty, or on city property.

(19)

Using city facilities, equipment, supplies or a city identification badge or uniform for personal gain either on or off duty or engaging in any employment, activity or enterprise during working hours for personal gain. This provision shall not apply to police-related off-duty employment of uniformed police officers in accordance with established policy.

(20)

Soliciting, accepting or agreeing to accept any money or other consideration from anyone other than the city for performance of an act or function which the employee would be required or expected to render in the regular course of city employment.

(21)

Depriving or intending to deprive any other employee or a member of the public with whom an employee comes in contact during the performance of such employee's duties of an employment opportunity or otherwise adversely affecting that person's status as an employee because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, citizenship, immigration status, age, religion, genetic information, pregnancy or related condition, military status, or any other status protected under applicable federal, state, or local law except where such disparate treatment is required by a bona fide occupational qualification permitted by law.

(22)

Possession of a weapon, as described in Sections 38-237 and 38-239, while on duty or on city property by an employee who is not a sworn police officer, State certified peace officer, or otherwise authorized by the city manager to legally possess a handgun.

(23)

Failure to maintain satisfactory and harmonious working relationships with the public or other employees.

(24)

Other acts or omissions that adversely affect the welfare of citizens, other employees or the effective operation of the city.

(25)

Violation of the city's harassment policy.

(26)

Providing false information or withholding information during a city investigation of any type.

(Code 1975, § 55-53; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 9, 3-21-94; Ord. No. 2592, § 4, 12-13-99; Ord. No. 2778, § 1, 5-27-03; Ord. No. 3133, § 5, 5-25-10; Ord. No. 3245, § 4, 6-25-13; Ord. No. 3674, § 4, 9-25-24)

(a)

If there are reasonable grounds to believe that a certified employee may have violated the provisions of Section 54-182, the certified employee's department head shall notify the human resources director and shall set a date for a fact-finding meeting to determine if further action is appropriate.

(b)

The fact-finding meeting shall be held after not less than two nor more than 30 days' written notice to the certified employee. Such written notice shall advise the employee of the nature of the allegations and that the employee will have the opportunity to present evidence on the employee's own behalf at the fact-finding meeting.

(c)

The department head shall preside at the fact-finding meeting and, after a statement of the allegations has been read, shall consider any relevant evidence that the certified employee wishes to present through testimony or documents. The human resources director and city attorney may attend such meeting. The department head shall then consider such additional evidence as is appropriate. Strict rules of procedure and rules of evidence shall not be applicable during this meeting. The certified employee may obtain legal representation at the employee's expense.

(d)

If the department head concludes that no violation of Section 54-182 has been established, no further action shall be taken against the affected certified employee and any reference to the proceedings shall be removed from the certified employee's personnel file.

(e)

If the department head concludes that one or more violations of Section 54-182 have been established based on the evidence presented at the fact-finding meeting, and any other information available to the department head, the department head shall submit to the appointing authority written findings and recommendations as to the nature of the disciplinary action, if any, to be administered.

(f)

The appointing authority shall review the record of the fact-finding meeting, the written findings and recommendations of the department head, and may elect to consider such additional evidence as the appointing authority deems appropriate.

(g)

After review of the findings and recommendations of the department head and consideration of any additional evidence presented to the appointing authority, the appointing authority shall determine if one or more violations of Section 54-182 have been established based on the evidence presented at the fact-finding meeting, and any other information available to the department head.

(h)

If the appointing authority concludes that no such violation has been established based on the evidence presented at the fact-finding meeting, and any other information available to the department head, no further action shall be taken with regard to these allegations and any reference to the proceedings shall be removed from the affected certified employee's personnel file.

(i)

If the appointing authority concludes that one or more violations of Section 54-182 have been established based on the evidence presented at the fact-finding meeting, and any other information available to the department head, the appointing authority shall notify the affected certified employee in writing of the appointing authority's findings, the specific suspension, demotion or discharge action being administered, and the effective date of such action. The certified employee shall also be notified of such employee's right to appeal such action to the hearing authority within ten days of the letter of notification from the appointing authority.

(j)

A complaint instituted against a certified employee who has alleged to have violated a federal or state law or a county or municipal ordinance in the course of employment duties or to have committed a felony or a crime of moral turpitude shall be handled in accordance with the following:

(1)

The disciplinary action and administration of punishment, if appropriate, may proceed notwithstanding criminal charges and the exercise or potential exercise of the employee's Fifth Amendment rights shall not serve as a basis for delaying the imposition of discipline or implementation of administrative appeal under this section.

(2)

A certified employee who refuses to answer questions during the fact-finding meeting shall be subject to disciplinary action. Strict rules of procedure and rules of evidence shall not be applicable during this meeting. The certified employee may obtain legal representation at the employee's expense.

(3)

If criminal charges for such a crime are still pending as of the date on which the appointing authority makes a determination on the disciplinary action and the appointing authority makes an initial determination that there is insufficient evidence on which to conclude that the certified employee committed such crime, the appointing authority shall continue the matter until such time as the criminal charges are resolved. During such period, if the employee had been suspended pursuant to Section 54-186(b), the certified employee shall be reinstated in the employee's former position unless it is the determination of the appointing authority that such reinstatement would not be in the best interests of the city, in which case the employee shall be suspended with pay until the criminal charges have been resolved, however, for a period not exceeding 180 days, or assign such employee to another position. Upon resolution of the criminal charges the appointing authority shall make a determination as to the disposition of the disciplinary action based on the record, any additional information presented to the appointing authority and any additional information regarding resolution of the criminal charges pursuant to the provisions of Section 54-184.

(4)

If the appointing authority has, at the time of the determination of the disciplinary action, received proof that the certified employee has been convicted of such a crime, such evidence shall conclusively establish that the employee committed the crime. However, if the conviction is reversed on the basis of the insufficiency of the evidence, the affected certified employee may request reconsideration of the appointing authority's determination but in no event shall the certified employee be entitled to back wages or benefits as a result of such reconsideration.

(Code 1975, § 55-54; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 10, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2585, § 14, 11-15-99; Ord. No. 2663, § 30, 4-23-01; Ord. No. 2720, § 2, 7-10-02)

(a)

A disciplinary action may include but is not limited to suspension, demotion, or discharge or such adjustments in status, pay or tenure as are permitted by law. The nature of the disciplinary action administered shall be commensurate with the nature of the violation, the adverse or potential adverse impact of the employee's actions on the welfare of other employees and persons, the effective operation of the city and a consideration of the employee's personnel record with the city.

(b)

An employee shall not be reprimanded or disciplined more than once for a particular violation but may be subject to disciplinary action for any future violations whether or not of a similar nature. Evidence of prior reprimands or disciplinary actions may fully be considered in determining the knowledge or intent of an employee facing new charges, or in determining the severity of any disciplinary action to be administered.

(Code 1975, § 55-55; Ord. No. 1988, § 2, 6-25-90)

(a)

[Procedure.] A certified employee who has been suspended, demoted, or discharged may appeal such action to the hearing authority by filing a written notice of appeal with the human resources director no later than ten calendar days after the date in which the employee was notified of such suspension, demotion or discharge by the appointing authority. Such notice shall be signed and dated upon receipt by the human resources director, and a copy of the notice given to the affected employee upon request. The notice of appeal shall state the reasons why the employee feels that the suspension, demotion or discharge was unjust and shall state with particularity the rights of the employee which were violated by the appointing authority as a result of such suspension, demotion or discharge. The employee shall select the form of hearing authority at the time of submitting the written appeal. If no selection is provided by the employee, then a hearing officer shall be used. The human resources director shall forward the written appeal to the hearing authority and provide the appointing authority a copy of the appeal. The human resources director shall ensure that any documents relevant to the notice of appeal shall be timely provided to the hearing authority. Whenever the appointing authority or the employee or the employee's designee furnishes the hearing authority with any documents, copies of such documents shall also be furnished to the other party in a timely fashion.

(b)

Hearing. Within 45 calendar days of receipt of the notice of appeal, the hearing authority shall set a hearing on the appeal. The human resources director shall notify the appointing authority, and the employee of the date on which the hearing is scheduled to be held, in a timely manner.

(c)

Conduct of hearing. The appointing authority and employee may each be represented by legal counsel if they so desire. If the employee retains legal counsel, it shall be at the employee's expense. Formal rules of evidence shall not be applicable. At such hearing, the employee, with or without the assistance of legal counsel or other representative, may call such witnesses and present such testimony and documentation as will be pertinent to the issue of whether the suspension, demotion or discharge action administered the employee was unjust. The appointing authority or legal representative may also provide such testimony, documentation or other evidence to the hearing authority as will be relevant to this issue. The appointing authority, employee and their representatives may cross examine the opposing party's witness. No ex parte material or representation of any kind shall be received or considered by the hearing authority.

(d)

Standard of review. The authority of the hearing authority shall be restricted to determining whether the suspension, demotion, or discharge administered to the employee was unjust. In making such determination, the hearing authority shall determine whether the suspension, demotion, or discharge occurred in violation of this Code or applicable law. The hearing authority shall determine whether the appointing authority abused the discretion of the appointing authority by determining that the employee violated a provision of this Code. The standard of proof shall be a preponderance of the evidence.

(e)

Decision of hearing authority. Within 30 calendar days after the conclusion of the hearing, the hearing authority shall provide the appointing authority, human resources director and employee with its written findings of fact and decision. If the findings of fact demonstrate that any of the ground(s) for suspension, demotion or discharge are present, the hearing authority shall affirm the action of the appointing authority. If the findings of fact demonstrate that none of the ground(s) for suspension, demotion or discharge are present, the hearing authority shall set aside the action. The decision of the hearing authority shall be final and binding on all parties. The hearing authority's decision is subject to judicial review which can be sought by either the employee or the city on the grounds that the findings of fact and decision were not supported by the record as a whole or that the hearing authority failed to follow the procedures in the Code or acted without authority specified in the Code. Any expenses incurred in a judicial review by the employee shall be paid by the employee, including the cost of a transcript.

(f)

Stay of enforcement. Unless the appointing authority, in the appointing authority's sole discretion, determines that immediate action is necessary to ensure the safe and efficient administration of city business, enforcement of a suspension, demotion, or discharge shall be stayed pending expiration of the ten-day time period for filing a notice of appeal of suspension, demotion, or discharge, and, if the notice of appeal is filed within set time, during the pendency of such appeal before the hearing authority.

(g)

Expungement of record. If the hearing authority reverses a suspension, demotion or discharge action, all documents and records pertaining to the action so rescinded or reversed shall be removed from the employee's personnel file and the employee shall be restored to the employee's position with no loss of pay or service credit imposed as a result of the action which has been so rescinded or reversed.

(Code 1975, § 55-56; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2585, § 15, 11-15-99; Ord. No. 2663, § 31, 4-23-01)

(a)

Immediate suspension for protection of persons and property.

(1)

Any employee against whom disciplinary proceedings have been or will be instituted where a reasonable basis is found that the employee would endanger persons or property or substantially interfere with the efficient operation of city government, should the employee be permitted to remain in the employee's present position during the pendency of such disciplinary procedures, shall be subject to immediate suspension by the appointing authority.

(2)

Any summary suspension of an employee pursuant to the provisions of this subsection shall be with pay and fringe benefits except for automobile, uniform or tool allowances until such time as the disciplinary action is resolved pursuant to the provisions of Section 54-183, except that any summary suspension for failure to obtain and maintain a current license or certificate required as a condition of employment may be without pay. An employee may submit a written notification to the appointing authority requesting a review of this decision.

(b)

Suspension of employee facing criminal charges. An employee who has been charged with a felony or crime of moral turpitude may be immediately suspended upon the filing of such charges and disciplinary proceedings may be instigated against such employee. The factors to consider to determine if suspension and disciplinary proceedings instigated against the employee are warranted are whether suspension and/or disciplinary proceedings are in the best interests of the city and if such charges against the employee relate to his or her employment. The suspension shall be with pay and fringe benefits except for automobile, uniform or tool allowances until such time as the disciplinary action is resolved pursuant to the provisions of Section 54-183.

(c)

No right to appeal. Any employee who is summarily suspended pursuant to the provisions of this section shall have no right to appeal such suspension. However, the department head will notify the appointing authority of the expected time for completing the investigation into the problem.

(Code 1975, § 55-57; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 11, 3-21-94; Ord. No. 2720, § 1, 7-10-02)

It is the policy of the city to provide prompt and equitable resolution of employee grievances. Supervisors and employees are expected to make every effort to resolve problems on a timely and informal basis. When such informal means fail to resolve such problems satisfactorily, a formal grievance procedure may be utilized. The purpose of this procedure is to provide a just and equitable method for the resolution of grievances without prejudice, coercion or reprisal thereby enhancing the working relationships between employees at all levels.

(Code 1975, § 55-58; Ord. No. 1988, § 2, 6-25-90)

(a)

Grievance defined. For the purposes of this article, a grievance shall be defined as a complaint by a certified employee alleging that such employee has been treated in an unfair or capricious manner with regard to a phase of employment, working condition or working relationship.

(b)

Exceptions. For the purposes of this section, the following actions shall not be considered to be grievances:

(1)

A complaint concerning any act of discrimination on the basis of race, religion, creed, color, ancestry, military status, national origin, citizenship, immigration status, sex, sexual orientation, gender identity, gender expression, disability, marital status, age, genetic information, pregnancy or related condition, or any other status protected under applicable federal, state, or local law; provided, however, that the employee may file a complaint concerning such action pursuant to the provisions of Section 54-272.

(2)

The unjust suspension, demotion or discharge of an employee; provided, however, that an affected employee may appeal such action pursuant to the provisions of Section 54-185.

(3)

A complaint filed by a person who is not a certified employee of the city.

(4)

A complaint concerning testing standards approved by the appointing authority.

(5)

A complaint concerning a supervisor's appraisal of an employee's job performance.

(6)

A complaint concerning the imposition of a corrective action.

(Code 1975, § 55-59; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 12, 3-21-94; Ord. No. 2585, § 16, 11-15-99; Ord. No. 3133, § 6, 5-25-10; Ord. No. 3245, § 5, 6-25-13; Ord. No. 3674, § 5, 9-25-24)

Any certified employee who is aggrieved may present such employee's grievance according to the following procedure:

(1)

Informal oral discussion. The aggrieved employee shall discuss the grievance with the employee's immediate supervisor within five working days of the employee's learning of the action which gave rise to the grievance or within 120 calendar days of the action, whichever occurs first. Within five calendar days of such informal meeting, the supervisor shall notify the employee in writing of the supervisor's decision regarding the grievance.

(2)

Formal grievance procedure.

a.

If the employee is dissatisfied with the supervisor's resolution of the grievance, the employee shall submit the written grievance on a form provided by human resources to the employee's department head within one workday after the employee receives the decision of the supervisor. The department head shall consider the alleged grievance and notify the employee of the department head's decision in writing within three workdays of the receipt of the alleged grievance.

b.

If the employee is dissatisfied with the department head's resolution of the grievance, the employee may submit such written grievance to the appointing authority within one workday of the employee's receiving the department head's decision. The appointing authority shall notify the employee in writing of the appointing authority's decision within ten workdays of receipt of the grievance from the employee. Except to the extent otherwise required by the Charter, the decision of the appointing authority shall be final and binding upon the employee and department head.

c.

An employee shall be granted no more than a total of four hours of paid leave to prepare for presentation of a grievance to the department head and appointing authority.

(Code 1975, § 55-60; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 13, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 32, 4-23-01)

If an employee fails to proceed to the jurisdictional and successive levels of supervision within the time period specified, the employee shall be conclusively deemed to have waived and abandoned any rights to further review of the employee's grievances. If any supervisor fails to render a decision within the time period specified, the employee shall appeal to the next level of supervision within the time limits provided. A supervisor's failure to respond to a grievance may result in disciplinary action. The time limits specified in this grievance procedure may be extended prior to expiration by the mutual written consent of the employee and the concerned supervisor.

(Code 1975, § 55-62; Ord. No. 1988, § 2, 6-25-90)

If an employee terminates or is terminated from employment with the city for any reason, any grievance previously filed by the employee which has not been resolved at the time of termination shall also be terminated with the exception of any pay-related or benefit-related grievance.

(Code 1975, § 55-63; Ord. No. 1988, § 2, 6-25-90)

Any employee of the city who harasses, punishes, or otherwise interferes with the right of another employee to file or prosecute a grievance shall be subject to disciplinary action; provided, however, that if an employee files three or more grievances within any 12-month period which are clearly unfounded and submitted for the purposes of harassment, such employee may be subjected to disciplinary action as a result of abuse of the grievance procedure.

(Code 1975, § 55-64; Ord. No. 1988, § 2, 6-25-90)

(a)

Employees may participate in any federal, state, county or local political campaign except that no employee:

(1)

Shall circulate or cause to be circulated any nominating petition for any public office or distribute any campaign literature on behalf of any candidate for public office during the employee's working hours.

(2)

Shall directly or indirectly solicit, receive or in any manner participate in soliciting or receiving any assessment, subscription or contribution of anything of value for any political purpose, organization or candidacy during the employee's working hours, or utilize city property for such purposes.

(3)

Shall be required to pay any assessment, subscription or contribution for any political purpose, organization or candidacy nor shall any employee who refuses to make such contribution be penalized.

(4)

Shall participate in any political activity or make any political statement designed or intended to reflect the city's endorsement or support of any political organization, candidacy or purpose, without the written approval of the appointing authority.

(5)

Whose position is funded by a federal program and/or moneys, shall violate the provisions of 5 USC 1501 et seq., as amended, commonly known as the Hatch Act.

(b)

Any employee who files such employee's candidacy for municipal office with the city shall submit a request for leave of absence without pay commencing on the date of such filing and ending on the date following the election. Any employee elected to municipal office in the city shall resign from the employ of the city upon assuming such office.

(Code 1975, § 55-65; Ord. No. 1988, § 2, 6-25-90)

(a)

An employee is free to pursue outside employment, provided that there is no conflict of interest; the employment does not occur during the assigned working hours of the employee or while the employee is on sick, disability or injury leave; the efficiency of the employee is maintained; and the employee has obtained the prior written approval for such outside employment from the appointing authority.

(b)

Failure to obtain prior approval for outside employment shall be grounds for disciplinary action.

(c)

If, at any time, the appointing authority or the employee's department head determines that, for any of the reasons cited in subsection (a) of this section, an employee should not continue outside employment, the appointing authority or department head may require that such employment cease.

(Code 1975, § 55-66; Ord. No. 1988, § 2, 6-25-90)

(a)

No person shall be hired, promoted, demoted, transferred or otherwise placed in a position which would result in such person directly, or through the departmental chain of command, supervising or receiving supervision from an immediate family member, half-brother, half-sister, step-brother, step-sister, ancestor or descendant, uncle, aunt, nephew, niece, by blood or marriage; or other person with whom the employee is in the substantial equivalent of a family relationship.

(b)

Exceptions to this policy may be considered and approved by the appointing authority in the event that the necessary services cannot reasonably be provided by another candidate or applicant, or when such employment otherwise is found to serve the best public interest.

(c)

In the event two employees are in positions of direct or indirect supervision through any departmental chain of command and establish a relationship by marriage, or otherwise by operation of law, or through lifestyle accommodations being the substantial equivalent of a family relationship, the appointing authority may transfer or demote one of the employees to a position removed from the supervisory control of the other if it is determined that such transfer will serve the best interests of the city and the employee is qualified for the new position. If such a transfer or demotion is unavailable or not in the best interests of the city, the appointing authority may terminate that employee whose discharge would best serve the interests of the city. In making this determination, the appointing authority may consider the relative seniority of the affected employees. The appointing authority may adopt an administrative directive setting forth the procedure for such transfer or demotion.

(Code 1975, § 55-67; Ord. No. 1988, § 2, 6-25-90; Ord. No. 3133, § 7, 5-25-10)

(a)

Equal employment opportunity. The city is an equal opportunity employer. The city reaffirms its commitment to comply with all appropriate federal and state laws and regulations regarding nondiscrimination in employment, including such laws and regulations prohibiting discrimination against any person in recruitment, examination, hiring, classification, training, promotion, retention, assignment of duties, granting of rights and benefits, or any other personnel action because of race, color, religion, sex, creed, age, national origin, disability, sexual orientation, gender identify, gender expression, marital status, ancestry, citizenship, immigration status, genetic information, pregnancy or related condition, military status, or any other status protected under applicable federal, state, or local law, except for bona fide occupational reasons. The city further reaffirms its intent to provide reasonable accommodations for disabled employees or employee applicants as required by law in an effort to enhance accessibility to the work place. It shall be the duty of every official, supervisor and employee of the city to foster to the best of such person's ability equal treatment in hiring, training, promotion, disciplinary action, separation, transfer, duties assignment, performance evaluation and all other relationships between and among employees, supervisors and officials.

(b)

Equal employment opportunity officer.

(1)

The appointing authority shall appoint an equal employment opportunity (EEO) officer.

(2)

Subject to the approval of the appointing authority, the EEO officer shall have responsibility for implementing and administering the equal employment opportunity policy of the city, including but not limited to compliance with Title I of the Americans with Disabilities Act of 1990, as it may from time to time be amended, and any affirmative action programs. In carrying out such responsibilities, the EEO officer shall establish an equal employment opportunity plan for the city and, if appropriate, affirmative action plan.

(3)

The EEO officer shall have the duty to:

a.

Serve as a principal advisor to the appointing authority with respect to the equal employment opportunity policy of the city and any affirmative action programs.

b.

Direct activities designed to carry out the city's responsibilities in ensuring compliance with this section, the Civil Rights Act of 1964, applicable federal and state laws, applicable sections of the Charter and this Code and all other pertinent rules, orders and regulations.

c.

Evaluate the effectiveness of the city's equal employment opportunity policies on a regular basis and, if appropriate, affirmative action plan.

d.

Ensure that before a formal complaint of discrimination is filed by an affected employee or applicant for employment, the employee or applicant has had available and has used the services of the EEO officer in an effort to resolve on an informal basis the issue raised by the employee or applicant.

e.

Receive and investigate specific complaints by organizations or other third parties concerning discrimination in personnel matters within the city.

f.

Review complaints filed under this section and make appropriate recommendations to the appointing authority.

(c)

Department heads. Department heads shall be responsible for carrying out the city's equal employment opportunity policy and plan and, if appropriate, affirmative action plan within their respective departments, which responsibility shall include:

(1)

Discussing with their subordinates the city's goals and objectives in implementing such activities.

(2)

Ensuring the support of each supervisor for enforcement of this section.

(d)

Supervisors. Supervisors at all levels shall ensure that there is no discrimination in the day-to-day work environment. It shall be the responsibility of all supervisors to encourage, motivate and, within budgeting restrictions, provide training opportunities for employees to enhance their skills and allow them to advance in accordance with their abilities.

(e)

Employees. All city employees shall interact fairly and objectively with fellow employees without discrimination in their personal conduct and daily performance of their duties, regardless of race, sex, religion, creed, color, national origin, military status, ancestry, citizenship, immigration status, disability, marital status, sexual orientation, gender identity, gender expression, genetic information, pregnancy or related condition, age, or any other status protected under applicable federal, state, or local law, except where such disparate treatment is required by a bona fide occupational qualification permitted by law.

(f)

Equal employment opportunity plan. The purpose of the equal employment opportunity plan and any applicable affirmative action plan shall be to:

(1)

Foster full equality of treatment of all persons in every aspect of policy in conformance with applicable state and federal legislation, without regard to race, color, creed, religion, sex, national origin, ancestry, citizenship, immigration status, disability, marital status, sexual orientation, gender identity, gender expression, genetic information, pregnancy or related condition, military status, age, or any other status protected under applicable federal, state, or local law, except where such disparate treatment is required by a bona fide occupational qualification permitted by law.

(2)

Abate and prevent any practice or condition which is in conflict with applicable federal or state laws.

(3)

Reach all representative sources of applicants in recruitment activity.

(4)

Utilize to the fullest extent possible the present skills of each employee.

(5)

Provide the maximum feasible opportunity for employees to enhance their skills so that they may perform at their highest potential and advance in accordance with their abilities.

(6)

Train and advise managers, supervisors and employees in understanding and implementing this section.

(7)

Ensure participation at the local level with other employers, schools and public or private groups in cooperative efforts to improve community conditions which affect employability.

(8)

Provide maximum opportunity for the resolution of problems which might otherwise become complaints of discrimination.

(9)

Provide a fair and equitable system of redress for affected employees or applicants who believe they have been the victim of discrimination.

(10)

Provide a continuing evaluation, strengthening and improvement of the equal employment opportunity plan and any applicable affirmative action plan.

(Code 1975, § 55-68; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 15, 3-21-94; Ord. No. 3018, § 1, 12-18-07; Ord. No. 3132, § 8, 5-11-10; Ord. No. 3245, § 6, 6-25-13; Ord. No. 3674, § 6, 9-25-24)

Any employee of the city or any applicant for a position with the city who believes that such employee or applicant has been discriminated against on the basis of race, color, creed, religion, sex, national origin, ancestry, citizenship, immigration status, disability, marital status, sexual orientation, gender identity, gender expression, genetic information, pregnancy or related condition, military status, age, or any other status protected under applicable federal, state, or local law, except where such disparate treatment is required by a bona fide occupational qualification permitted by law, may file a complaint in accordance with the following procedures:

(1)

Preliminary counseling. Within 30 days of the date on which the event believed to constitute discrimination has occurred, the complainant shall notify the EEO officer of the complaint. Upon receipt of such notification, the EEO officer shall meet with the complainant to resolve the complaint, and shall take such steps to resolve the complaint as the EEO officer deems appropriate.

(2)

Written complaint. If the complainant is dissatisfied with the proposed resolution of the EEO officer following the preliminary counseling meeting, the complainant or complainant's representative, within 15 calendar days after the final preliminary counseling session, may file a written complaint with the human resources director which shall identify the proposed resolution of the complaint of discrimination.

a.

Within 30 calendar days of receipt of the written complaint, the human resources director shall set a fact-finding meeting.

b.

The human resources director shall preside at the fact-finding meeting and may consider any oral or written testimony presented by the complainant or the complainant's representative. In addition, the human resources director may consider such additional testimony and evidence as the human resources director deems appropriate. The complainant may, at the complainant's expense, be represented by legal counsel or other representative. The human resources director may also request the assistance of legal counsel. Formal rules of evidence or procedure shall not be applicable. The human resources director or the human resources director's legal representative may ask questions of any witness who testifies at the fact-finding meeting. The proceedings shall be confidential and the employee who purportedly engaged in the discriminatory practice may not be present at this stage of the proceedings unless so requested by the human resources director. Any employee who participates during the fact-finding meeting and discloses, without authorization, any information resulting from such hearing to an individual who was not present may be subject to disciplinary action.

c.

Within 15 workdays of the fact-finding meeting, the human resources director shall supply the complainant and the appointing authority with the human resources director's written findings and recommendations resulting from the fact-finding meeting.

(3)

Review by appointing authority. Within 15 workdays of the appointing authority's receipt of the written findings and recommendations of the human resources director, the appointing authority shall:

a.

Initiate disciplinary proceedings against any employee who the appointing authority has reason to believe violated any federal, state, or municipal law, rule, regulation or policy prohibiting discrimination. In addition, the appointing authority shall take such further actions as are necessary to eliminate such discriminatory practices in the work place.

b.

Upon a determination that no discriminatory practices or acts have occurred, so notify the complainant and advise the complainant of the complainant's right to seek legal advice concerning the availability of relief through state or federal administrative proceedings or civic actions.

(4)

Rights of complainants and witnesses. The complainant, complainant's representative and any witness contacted during the investigation or proceedings shall be free from restraint, interference, coercion, discrimination and reprisal of any kind resulting from a complaint of discrimination. Violation of this prohibition may result in disciplinary action.

(Code 1975, § 55-69; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 16, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 33, 4-23-01; Ord. No. 3133, § 9, 5-25-10; Ord. No. 3245, § 7, 6-25-13; Ord. No. 3674, § 7, 9-25-24)

(a)

A leave is any absence during regularly scheduled work hours that has been authorized by the proper authority. Types of leave shall include vacation, holiday, sick, compensatory, bereavement, military, court, election, fellow employee funeral, injury, disability, family and medical, and religious leaves, as well as leaves of absence. The appointing authority may request appropriate documentation for leave. The appointing authority may adopt administrative directives to further implement the provisions of this article to accommodate established workdays that are not eight hours in length. Leave for regular employees working less than full-time may be pro-rated.

(b)

The employee's seniority and time toward completion of any probationary period, if applicable, shall continue to accrue during leave except for periods of leave in excess of three calendar weeks. In cases where employees are away from their jobs for periods of three calendar weeks or more, the probationary period shall be extended by the amount of time used for the leave.

(Code 1975, § 55-70; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 17, 3-21-94; Ord. No. 3089, § 1, 1-13-09)

(a)

Paid holidays. Except as provided in Sections 54-303 and 54-325, every regular full time employee working an average 40 hour per week schedule shall receive 96 hours of paid holidays per year and the holidays are as follows:

(1)

New Year's Day, January 1.

(2)

Martin Luther King, Jr. Day, third Monday in January.

(3)

President's Day, third Monday in February.

(4)

Memorial Day, last Monday in May.

(5)

Juneteenth, June 19.

(6)

Independence Day, July 4.

(7)

Labor Day, first Monday in September.

(8)

Veterans Day, November 11.

(9)

Thanksgiving Holiday, fourth Thursday and Friday in November.

(10)

Christmas Day, December 25.

(b)

Floating holiday. A regular full-time employee shall receive two floating holidays subject to the conditions and limitations stated below.

One floating holiday [eight floating holiday hours (12 hours for nonunion 56-hour-per-week schedule)] may be utilized at such time as is approved by the employee's supervisor, except that an employee who is hired after June 30 shall not receive any such floating holiday for such year. The floating holiday must be utilized during the year in which it is earned or it will be forfeited.

The second floating holiday [eight floating holiday hours (12 hours for nonunion 56-hour-per-week schedule)] may be utilized at such time as is approved by the employee's supervisor, unless the appointing authority designates the use of such holiday for the day before (Monday) or after (Friday) the Christmas holiday. The floating holiday must be utilized during the year in which it is earned or it will be forfeited.

(c)

Legal holidays. Legal holidays falling on a Sunday shall be observed on the following Monday. Legal holidays falling on a Saturday shall be observed on the preceding Friday.

(Code 1975, § 55-71; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2592, § 5, 12-13-99; Ord. No. 2758, § 1, 2-25-03; Ord. No. 3089, § 2, 1-13-09; Ord. No. 3155, § 4, 12-7-10; Ord. No. 3504, § 15, 12-18-18; Ord. No. 3635, § 1, 11-29-22)

(a)

Regular non-exempt employees who are required to work on a holiday shall be compensated for such work in accordance with the provisions of the FLSA and Section 54-82.

(b)

If a city holiday falls on a full-time Regular non-exempt employee's regularly scheduled day off and the employee does not work on such holiday, the employee shall receive eight hours of additional compensation at the base hourly rate.

(c)

Regular full-time exempt employees scheduled to work holidays shall receive eight hours of holiday administrative leave for each official city holiday worked. If a city holiday falls on a Regular full-time exempt employee's regularly scheduled day off, the employee shall receive eight hours of holiday administrative leave. Unused holiday leave will not carry over to the next calendar year or be paid out at the end of the calendar year in which it accrues if not used. Employees assigned to a 56-hour per week schedule are eligible to be paid at the end of the calendar year for holiday leave accrued but not used. This amount will be paid at 12 hours per official city holiday at the employee's base hourly rate and does not include floating holidays.

(d)

Temporary employees who are required to work on a holiday shall be compensated for such work in accordance with the provisions of the FLSA.

(e)

If a holiday falls on a Saturday or Sunday and is, therefore, officially observed on a Friday or Monday, an employee who is required to work on such Saturday or Sunday shall be compensated as if the employee worked on the day on which the holiday is observed by the city.

(Code 1975, § 55-72; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2361, § 1, 12-12-94; Ord. No. 2592, § 6, 12-13-99; Ord. No. 3155, § 5, 12-7-10; Ord. No. 3302, § 1, 5-27-14; Ord. No. 3504, § 16, 12-18-18; Ord. No. 3616, § 1, 1-25-22)

A regular employee who is on vacation or sick leave during a holiday shall be deemed on holiday leave.

(Code 1975, § 55-73; Ord. No. 1988, § 2, 6-25-90)

(a)

Regular, full-time employees shall accrue vacation leave according to the following schedule (for 56-hour-per-week schedule, multiply vacation hours by 1.5):

(b)

Accumulation of vacation leave. An employee shall commence accumulating vacation leave from the employee's anniversary date. While on leave, an employee shall accumulate vacation leave unless the employee is suspended without pay or on unpaid leave, disability leave, or injury leave for more than 90 days.

(Code 1975, § 55-74; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2592, § 7, 12-13-99; Ord. No. 3504, § 17, 12-18-18; Ord. No. 3505, § 2, 12-18-18; Ord. No. 3635, § 1, 11-29-22)

An employee may take such vacation leave as has been accumulated in increments of not less than 15 minutes. Vacation leave shall be scheduled with the approval of the employee's department head.

(Code 1975, § 55-75; Ord. No. 1988, § 2, 6-25-90; Ord. No. 3155, § 6, 12-7-10)

A full-time employee may not accumulate more than 300 (450 for 56-hour-per-week schedule) hours of vacation leave. Any excess leave accumulated shall be subject to forfeiture except where the employee has been denied the opportunity to take vacation time, or where special circumstances exist, and approval to exceed the limits has been authorized by the appointing authority. For purposes of this section, computation of accumulated leave shall be determined as of the second payroll reporting period in January of each year.

(Code 1975, § 55-76; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2592, § 8, 12-13-99; Ord. No. 3571, § 2, 11-17-20; Ord. No. 3635, § 1, 11-29-22)

Compensation for any vacation leave accumulated but not taken at the time of termination shall be paid to the employee, subject to applicable deductions, at the employee's rate of pay at the time of termination.

(Code 1975, § 55-77; Ord. No. 1988, § 2, 6-25-90)

Any employee who becomes injured or ill while taking vacation leave may submit a written request to the human resources director to have the employee's absence from work charged as sick leave rather than vacation leave. The request must be submitted within three days of the employee's return to work and must, upon request, be accompanied by written verification by a physician. The human resources director may, after confirming the validity of the employee's request, charge such absence from work to the employee's accumulated sick leave.

(Code 1975, § 55-78; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 34, 4-23-01)

An employee may take such compensatory time as has been accumulated in increments of not less than 15 minutes. Compensatory leave shall be scheduled with the approval of the employee's department head.

(Code 1975, § 55-79; Ord. No. 1988, § 2, 6-25-90; Ord. No. 3155, § 7, 12-7-10)

Sick leave shall be granted to regular employees to ensure economic protection against illness or injury. Regular employees shall receive paid sick leave when incapacitated for work as a result of a mental or physical illness or conditions not arising from employment with the city, and for medical or dental appointments for the employee or immediate family member or when an immediate family member is ill and the employee needs to remain away from work as a result of such illness as approved by the supervisor. Further, the appointing authority may approve additional hours of paid sick leave in other circumstances as provided in an administrative directive.

(Code 1975, § 55-80; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2729, § 1, 9-24-02; Ord. No. 3133, § 10, 5-25-10; Ord. No. 3504, § 18, 12-18-18)

Each regular full-time employee shall accumulate sick leave at the rate of eight (12 for 56-hour-per-week schedule) hours of sick leave per each month of employment with the city. While on leave, an employee shall accumulate sick leave unless the employee is on unpaid leave, disability leave, or injury leave for more than 90 days. Sick leave may be accumulated and carried over from year to year.

(Code 1975, § 55-81; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2592, § 9, 12-13-99; Ord. No. 3505, § 3, 12-18-18)

(a)

For employees hired on or before December 31, 1994, except as provided in Subsection (b) of this section, upon termination regular employees shall be paid compensation, at the employee's rate of pay at the time of termination, equivalent to one hour of work for each two hours of accrued sick leave in excess of 384 (576 for 56-hour-per-week schedule) hours. Any sick leave in excess of 720 hours which accrued before December 31, 1981, has already been credited to early retirement benefits and shall not be converted to pay upon termination. Effective January 1, 2002, employees hired on or before December 31, 1994, shall continue to accrue sick leave; however, no sick hours accrued after January 1, 2002, shall be considered as compensable upon termination.

Employees hired on or after January 1, 1995, shall accrue sick leave hours; however, none of these hours shall be considered compensable upon termination.

(b)

For employees hired on or before December 31, 1994, upon retirement pursuant to Section 54-152, or death, a regular employee shall be paid compensation, at the employee's rate of pay at the time of retirement or death, equivalent to one hour of work for each hour of accrued sick leave in excess of 384 (576 for 56-hour-per-week schedule) hours. Any sick leave in excess of 720 hours which accrued before December 31, 1981, has already been credited to early retirement benefits and shall not be converted to pay upon retirement or death. Effective January 1, 2002, employees hired on or before December 31, 1994, shall continue to accrue sick leave; however, no sick hours accrued after January 1, 2002, shall be considered as compensable upon retirement or death of employee.

Employees hired on or after January 1, 1995, shall accrue sick leave hours; however, none of these hours shall be considered compensable upon retirement or death.

(c)

The amount of compensable sick leave pay as described in paragraphs (a) and (b) above shall be calculated by applying sick leave used against the most recent sick leave hours accrued. Any remaining compensable sick leave hours shall be paid in accordance with paragraphs (a) and (b) above.

(Code 1975, § 55-82; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2361, § 2, 12-12-94; Ord. No. 2592, § 10, 12-13-99)

(a)

Notice. A regular employee wishing to take sick leave must notify the employee's supervisor or other individual designated by the department head of the illness prior to the time the employee is expected to report to work or as soon thereafter as practicable.

(b)

Authorization for sick leave. Paid sick leave absence shall be authorized only if the employee has accumulated the requisite hours to cover the absence. If the employee has not accumulated sufficient hours of sick leave, the leave shall be considered disability leave, subject to the provisions of Section 54-317.

(c)

Accounting of sick leave hours used. Sick leave hours used shall be applied against the most recent hour of sick leave accrued.

(Code 1975, § 55-83; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2592, § 11, 12-13-99)

An employee's department head, with the approval of the human resources manager, may, at the time of the employee's alleged illness or upon the employee's return to work, require that the employee submit to the employee's department head a doctor's statement confirming the employee's illness, the illness of the employee's immediate family member, and the employee's ability to return to work. The human resources manager may require the employee to undergo a physical examination conducted by a city-designated physician, to be paid for by the city, for confirmation of the employee's illness and/or ability to return to work.

(Code 1975, § 55-84; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 18, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 35, 4-23-01; Ord. No. 3133, § 11, 5-25-10)

(a)

Eligibility for injury leave. Any employee who is temporarily unable to perform the duties of such employee's position as a result of a work-related injury or illness and who is eligible for benefits under the state Worker's Compensation Act shall be entitled to injury leave.

(b)

Confirmation of injury. An employee shall be required to undergo an examination by a city-designated physician for purposes of determining if the employee has incurred an injury or condition which renders the employee temporarily unable to perform the duties of such employee's position as the result of a work-related injury or illness and, for purposes of determining what duties or type of work, if any, the employee is able to perform.

(Code 1975, § 55-85; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 19, 3-21-94)

(a)

Eligibility for disability leave. Any regular employee who is temporarily unable to perform the duties of such employee's position as a result of an injury or illness not arising from employment with the city shall be entitled to disability leave upon exhaustion of all accumulated sick leave in excess of 16 (24 for 56-hour-per-week schedule) hours but, in no event, before 15 consecutive calendar days of absence.

(b)

Confirmation of disability. Upon request, an employee may be required by the human resources director to undergo an examination by a city-designated physician for purposes of determining if the employee has incurred an injury which renders the employee temporarily unable to perform the duties of such employee's position and for purposes of determining what duties or type of work, if any, the employee is able to perform.

(Code 1975, § 55-86; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 20, 3-21-94; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2592, § 12, 12-13-99; Ord. No. 2663, § 36, 4-23-01)

Pursuant to administrative directive, a regular employee may be entitled to a paid leave of absence in the event of the death of a member of the employee's immediate family, or other person with whom the employee is in the substantial equivalent of an immediate family relationship. Such leave shall be granted for a period of up to 40 hours (up to 72 hours for nonunion 56-hour-per-week schedule) by the employee's department head and human resources manager.

(Code 1975, § 55-87; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 37, 4-23-01; Ord. No. 3089, § 3, 1-13-09)

The city shall comply with all applicable federal and state law related to military leave. The city manager may provide additional benefits by administrative directive.

(Code 1975, § 55-88; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2695, § 1, 12-11-01; Ord. No. 3237, § 1, 4-23-13; Ord. No. 3505, § 4, 12-18-18)

(a)

Jury duty. Any regular, full-time employee who is required to serve as a juror in a federal, state, county or municipal court during the employee's regular work hours shall be granted court leave with pay during such time of service.

(b)

Civil actions. A regular, full-time employee who is served with a subpoena for or is a party in a civil action as a result of employment with the city shall be granted court leave with pay for such court appearance. If the employee's involvement does not arise from employment with the city, the employee may utilize accrued vacation, administrative or compensatory leave or request administrative leave for such court appearance.

(c)

Criminal actions.

(1)

A regular, full-time employee who is served with a subpoena for a criminal action as a result of employment with the city shall be granted court leave with pay for such court appearance. If the employee's involvement does not arise from employment with the city, the employee may utilize accrued vacation or compensatory leave or request administrative leave or a leave of absence for such court appearance.

(2)

A regular, full-time employee who, as a result of employment with the city, is a defendant in a criminal action may be granted court leave for such court appearance by the appointing authority if it is deemed to be in the best interests of the city. If the employee is not granted court leave, the employee may utilize accrued vacation, administrative or compensatory leave or request administrative leave for such court appearance.

(d)

Procedure for obtaining court leave.

(1)

An employee who is called for jury duty shall present to the employee's supervisor, as soon as practicable, the original summons or notice from the court. At the conclusion of such obligation, an employee shall also present to this supervisor a signed statement from the clerk of the court or other evidence showing the actual time of attendance at court.

(2)

An employee who is subpoenaed to appear as a witness in a court proceeding or is to appear as a defendant in a criminal action shall present to the employee's supervisor, as soon as practicable, the subpoena or summons and a verified statement concerning whether the court appearance is the result of the employee's employment with the city. At the conclusion of such obligation, an employee shall also present to this supervisor a signed statement from the clerk of the court or other evidence showing the actual time of attendance at court.

(e)

Paid court leave. For the purposes of this section, court leave shall be considered to be with pay if the city pays the employee the difference between the employee's regular salary and any court fees paid to the employee, exclusive of meals and travel expenses.

(Code 1975, § 55-89; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2309, § 21, 3-21-94)

All regular full-time employees who are unable to vote before or after their work shift at a municipal, county, state, federal or other governmental election for which they are eligible to vote shall receive a maximum of two hours of election leave with pay to vote; provided, however, in order to receive such paid election leave, an employee shall notify the employee's supervisor at least five days in advance of the date and time that the employee intends to take election leave.

(Code 1975, § 55-90; Ord. No. 1988, § 2, 6-25-90)

Upon the death of a past or present regular full-time employee of the city, a regular full-time employee, with the approval of such employee's supervisor, may be granted a maximum of four hours of funeral leave with pay to attend the deceased's funeral.

(Code 1975, § 55-91; Ord. No. 1988, § 2, 6-25-90)

A regular full-time employee shall receive a maximum of two hours of religious leave with pay during each calendar year to attend a religious observation of such employee's choice; provided, however, that the employee's supervisor has been notified of such intention at least five days in advance of the date and time of the intended religious leave and the employee is unable to attend such religious observation before or after the work shift for that day.

(Code 1975, § 55-92; Ord. No. 1988, § 2, 6-25-90)

(a)

In the sole discretion of the appointing authority, the appointing authority may, upon the recommendation of an employee's department head, grant an employee a leave of absence without pay for a period not to exceed 12 months.

(b)

Such leave may be granted only after an employee submits a written request to the human resources director setting forth the reasons for the proposed absence and the employee's record indicates that it would be desirable to retain the services of the employee in the future.

(c)

Such leave shall not be considered in computing an employee's seniority or in determining the employee's rights to any fringe benefits. During any leave of absence without pay, the city shall make no contribution to any fringe benefit to which the employee is entitled; provided, however, that an employee may continue to participate in any fringe benefit program in which the employee was participating prior to such leave of absence by depositing with the city, in a timely manner, the full amount of any benefit premium normally paid by the city pertaining to such fringe benefit.

(d)

Unless otherwise agreed to by the city and the affected employee, any vacancy by reason of an authorized leave of absence shall be filled only by a temporary appointment as provided in Section 54-120.

(e)

An employee granted a leave of absence shall give 15 days' written notice to the appointing authority of such employee's intention to return to employment with the city by the expiration date or the employee is considered to have resigned. Upon the employee's return, the employee shall be reinstated to the position vacated by leave of absence, or to any other vacant position within the same classification. An employee's failure to return to work on the first working day following the expiration of the leave of absence shall constitute a resignation, unless the employee has previously notified the appointing authority of the employee's inability to return to work on such date, and an extension of the leave of absence is approved by the appointing authority.

(f)

The appointing authority may grant a leave of absence under such other terms and conditions as the appointing authority deems appropriate.

(Code 1975, § 55-93; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2503, § 2, 5-11-98; Ord. No. 2560, § 1, 8-9-99; Ord. No. 2663, § 38, 4-23-01)

The appointing authority reserves the right to postpone vacation leave, bereavement leave, election leave, fellow employee funeral leave, unpaid leave of absence or religious leave in the event of an emergency.

(Code 1975, § 55-94; Ord. No. 1988, § 2, 6-25-90)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Dental insurance means a dental insurance plan, as it may from time to time be amended, provided by the city to eligible employees and their dependents as set forth in the city's approved budget.

Disability insurance means those benefits, as they from time to time may be amended, applicable to a disabled employee pursuant to the provisions of this chapter.

Fringe benefits means compensation in kind and in cash to employees, exclusive of wages, including health, dental, disability and life insurance and pension benefits.

Health and welfare plans means health, dental, vision, life, and other insurance plans, as they may from time to time be amended, provided by the city to eligible employees and their dependents and domestic partners, partners in a civil union and children of domestic partners and partners in a civil union as set forth in the city's approved budget.

Life insurance means life insurance plans, as they may from time to time be amended, provided by the city to eligible employees, their spouses and dependents. The city will pay the full cost of the group term life insurance premiums.

Pension benefits means pension benefits provided by the city for all regular employees according to the terms and conditions of such plans as they may, from time to time, be amended.

(b)

Eligibility for fringe benefits.

(1)

Except as set forth in this section, all regular employees shall be eligible for those fringe benefits as are authorized by the Charter, or by ordinance, resolution or administrative directive except that employees on leave shall receive fringe benefits as follows:

a.

During sick, vacation, bereavement, court, election, fellow employee funeral, religious, compensatory, administrative leave, military leave, or while suspended with pay, all fringe benefits to which the employee is entitled pursuant to subsection (b)(1) of this section.

b.

During extended, emergency leave or an unpaid leave of absence, an employee shall only receive such benefits for which the employee pays any and all applicable premiums prior to their due date, and the city shall not make pension contributions on behalf of such employee.

c.

During disability leave, all fringe benefits to which the employee would be entitled if working except that the city shall not make pension contributions on behalf of such employee.

d.

During injury leave, all fringe benefits to which the employee would be entitled if working, except that after 90 consecutive calendar days of injury leave, the city shall not make contributions to the employee's pension plan.

e.

An employee's monthly uniform, tool, and/or automobile allowance shall be discontinued during a disability leave, injury leave, or leave of absence without pay which extends for more than 15 cumulative calendar days within a month.

(2)

For the first 30 calendar days of a suspension without pay, an employee shall receive fringe benefits which would be received if the employee was working, except that the city shall not contribute to the employee's pension plan for such days of suspension. Thereafter such employee shall only be entitled to the city's health, dental, life or disability insurance benefits, subject to the provisions of such plans as they may, from time to time, be amended upon the employee's payment of any applicable premiums prior to their due date.

(3)

Effective January 1, 2020, an employee who retires pursuant to the provisions of Section 54-152 shall be entitled to continue the city's health, dental, vision and/or life insurance benefits until reaching age 65 or becoming Medicare eligible, whichever first occurs. Effective December 31, 2019, retirees who are participating in the city's insurance benefits may continue to participate in the city's health, dental, vision and/or life insurance benefits unless or until they are age 65 or older or Medicare eligible, whichever first occurs, at which point eligibility to continue in the city's insurance programs shall end. Any access to the city's health, dental, vision and/or life insurance benefits is subject to and only available if permitted by the provisions of such plans as they may from time to time be amended, upon the employee's payment of any applicable premiums prior to their due date. An employee's decision not to continue coverage by the deadline established by law or by the provisions of the applicable insurance policy is irreversible.

(4)

Regular part-time employees shall receive such fringe benefits as the appointing authority deems appropriate.

(5)

The city shall provide a uniform and/or furnish a uniform allowance to employees required to wear a uniform. The appointing authority, in the appointing authority's sole discretion, may also provide an employee a tool allowance.

(6)

Effective January 1, 2020, for any employee who is terminated as a result of a permanent and total disability, the city shall pay such employee's health, dental and/or vision insurance premiums to the same extent as it does for current employees, until the former employee reaches age 65, becomes Medicare eligible, obtains other insurance, or fails to provide the city with a certification of continued permanent and total disability from a licensed physician acceptable to the city upon request, whichever first occurs. Effective December 31, 2019, an employee who was terminated as a result of a permanent and total disability and as a result was receiving city-provided health, dental and/or vision insurance benefits may continue to participate in the city's health, dental and/or vision unless or until they are age 65 or older or Medicare eligible, whichever first occurs, at which point eligibility to continue in the city's insurance programs shall end. Any insurance coverage provided for in this paragraph shall not extend to the former employee's family unless the former employee elects to pay the additional cost of any such available coverage. Further, any insurance coverage and eligibility therefore provided for in this paragraph shall terminate permanently if payment for such coverage is not made prior to the premium becoming due.

(7)

Any regular employee whose employment is terminated for any reason other than retirement or disability shall be entitled to continue the city's health, dental, life or disability insurance benefits, subject to the provisions of such plans as they may from time to time be amended, in accordance with the provisions of the Consolidated Omnibus Reconciliation Act (COBRA).

(Code 1975, § 55-95; Ord. No. 1988, § 2, 6-25-90; Ord. No. 2592, § 13, 12-13-99; Ord. No. 3133, § 12, 5-25-10; Ord. No. 3245, § 8, 6-25-13; Ord. No. 3420, § 4, 12-20-16; Ord. No. 3505, § 5, 12-18-18)

(a)

The city shall comply with those provisions applicable to state home rule municipalities contained in the Federal Family and Medical Leave Act of 1993, and the Colorado Family Care Act as they may be amended from time to time.

(b)

The city shall require employees to use accrued vacation and sick leave prior to being put on unpaid leave.

(c)

The city shall require employees to submit in writing medical documentation for the requested family and medical leave.

(d)

The city shall grant family and medical leave based on the employee's last 12 months of employment, effective September 15, 2002.

(Code 1975, § 55-96; Ord. No. 2309, § 22, 3-21-94; Ord. No. 2720, § 3, 7-10-02; Ord. No. 3245, § 9, 6-25-13)

(a)

The city considers its employees to be its most valuable resource. A workplace free of drug and alcohol abuse is essential in promoting and protecting the health, safety, morale and work efficiency of the city's employees so critical in providing the citizens of the city with the highest quality of municipal services.

(b)

It is, therefore, the policy of the city to foster a work environment free from the adverse effects of drug and alcohol abuse. To ensure a safe and productive work environment, all employees shall report to work fit to perform their jobs with the highest degree of competence and professionalism. Drug and alcohol abuse and its adverse effects on job performance will not be tolerated.

(Code 1975, § 55-97; Ord. No. 2309, § 23, 3-21-94)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcohol or alcoholic beverages means beer, wine, all forms of distilled liquor or fermented malt, or other beverages containing alcohol.

Criminal drug law means a state or federal criminal statute involving the manufacture, distribution, dispensation, sale, consumption, possession or usage of any drug or alcohol.

Drug means any substance, other than alcohol, that has known mind- or function-altering effects on a person, including but not limited to psychoactive substances and substances prohibited or controlled by state or federal controlled substances laws.

Illegal drug means any drug or controlled substance, the possession, sale or consumption of which is illegal under federal, state or municipal law or which is legally obtainable but has been obtained illegally or without proper prescription.

Impaired means an employee who has taken a drink of an alcoholic liquor or beverage or consumed or ingested a drug which affects the employee, so that, in the slightest degree, the employee is less able, either mentally or physically or both, to exercise clear judgment or perform in a competent manner the duties and tasks assigned to the employee.

On duty means any time during which an employee is engaged as an employee of the city on controlled on-call status, on paid uncontrolled on-call status, on a paid work break, operating city vehicles and equipment, or representing the city in an official capacity.

(Code 1975, § 55-98; Ord. No. 2309, § 23, 3-21-94)

Cross reference— Definitions generally, § 1-2.

(a)

No employee shall violate a criminal drug law while on duty.

(b)

No employee whose duties include the enforcement of criminal drug laws may violate any such law while on or off duty, if such violation is deemed to adversely effect the employee's ability to effectively perform the employee's assigned duties.

(c)

No employee shall possess or consume alcohol or illegal drugs while on duty.

(d)

No employee whose regularly assigned duties include the operation of a city vehicle and/or equipment shall consume alcohol within four hours prior to the scheduled operation of the city vehicle or equipment.

(e)

Except for assigned duties, no employee shall place in or consume in a city vehicle any illegal drugs or alcohol while on or off duty.

(f)

No employee shall be on duty or on paid, uncontrolled, on-call work status while impaired or when the amount of alcohol or an illegal drug in the employee's blood or breath results in a positive test as defined by administrative directive.

(g)

An employee who is impaired while on unpaid on-call status shall not be subject to disciplinary or corrective action for refusing to report to work during such time; provided, however, that such employee provides a written statement of the impairment to the employee's supervisor at the commencement of the next regularly scheduled work shift.

(h)

The provisions of subsection (c) of this section shall not be applicable to an employee engaged in the enforcement of criminal drug laws while acting in accordance with officially assigned duties. Other employees acting in accordance with officially assigned duties may possess but not consume alcohol while on duty.

(i)

Employees whose position requires the possession of a valid commercial driver's license shall be subject to and comply with additional regulations with regard to drug and alcohol use as contained in the Federal Motor Carrier Safety Regulations.

(Code 1975, § 55-99; Ord. No. 2309, § 23, 3-21-94; Ord. No. 2695, § 2, 12-11-01)

(a)

To encourage employees with alcohol or drug abuse problems to obtain treatment and counseling prior to such substance abuse being manifested by reduced work efficiency or unsafe work performance, the city shall establish an employee assistance program.

(b)

The city manager is authorized to maintain an employee assistance program by administrative directive so that regular employees will have access to a support service which can evaluate their drug and/or alcohol abuse problems on a confidential basis and direct the affected employees to appropriate treatment and counseling services.

(Code 1975, § 55-100; Ord. No. 2309, § 23, 3-21-94)

The city shall develop a program of training to assist supervisory personnel in identifying drug and alcohol abuse among employees. Such training will be directed towards helping supervisors recognize the conduct, behavior, and physical manifestations that give rise to a reasonable suspicion of drug or alcohol abuse and the effect of such abuse on job performance.

(Code 1975, § 55-101; Ord. No. 2309, § 23, 3-21-94)

In furtherance of the city's policy of fostering a drug- and alcohol-free workplace, the city manager shall promulgate and adopt an administrative directive:

(1)

Providing for such drug and alcohol testing of employees and applicants for positions with the city as the city manager deems appropriate.

(2)

Prohibiting the possession, manufacture, distribution, dispensation, use, consumption, or sale of any illegal drug or alcohol by employees in violation of the provisions of this article.

(3)

Prohibiting employees from being impaired while on duty.

(4)

Incorporating the applicable provisions of the Federal Drug-Free Workplace Act of 1988.

(5)

Providing any other guidelines necessary or relevant to the implementation of this article.

(Code 1975, § 55-102; Ord. No. 2309, § 23, 3-21-94)