ORD 1991-14 - Amending The Personnel Rules of COH 07-23-1991ORDINANCE NO. 91 -14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING ITS PERSONNEL RULES; AND
MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO.
WHEREAS the City desires to amend its Personnel Rules to comply with the
ever changing requirements of state and federal law; and
WHEREAS the City desires to amend its Personnel Rules to assist its managers
in the orderly conduct of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HUNTSVILLE, TEXAS, THAT:
SECTION 1: The Personnel Rules attached hereto as Exhibit A are adopted,
amending the Personnel Rules of the City of Huntsville, Texas.
SECTION 2: This ordinance shall take effect immediately.
EXECUTED THIS ,Z3rc/DAY OF (:1),ui, , 1991.
ATTEST:
•
uth DeShaw, Ci y Secretary
APPRO ED AS TO Fv.
li
:,r ds,-City At
CITY OF HUNTSVILLE
Personnel Policies
City ■
of
Huntsville
mended
CITY OF HUNTSVILLE
PERSONNEL RULES
TABLE OF CONTENTS
CHAPTER 1
INTRODUCTION
SECTION PAGE
Objective 1 1
Equal Opportunity Policy 2 1
Applicability; No Contract 3 2
Dissemination 4 2
Amendment 5 2
Division of Responsibility 6 2
Safety 7 3
CHAPTER 2
DEFINITIONS 4
CHAPTER 3
VACANCIES
Vacancy Identification 1 6
Announcement of Vacancies 2 6
Promotion Policy 3 6
Emergency Temporary Appointments 4 6
Temporary Promotions 5 6
Transfers 6 7
Nondisciplinary Demotions 7 7
Applications 8 7
Evaluation of Applicants 9 8
Disqualification 10 8
Referral and Selection 11 8
CHAPTER 4
APPOINTMENTS, TRANSFERS, PROMOTIONS
Authority 1 9
Basis 2 9
Type 3 9
Nepotism, Fraternization, and Romantic.
Relationships between Employees 4 9
Residence 5 9
Employee Nepotism Charts 10
Medical Examinations 6 11
SECTION PAGE
CHAPTER 4 (cont.)
Verification of Identity and Work
Authorization 7 11
Minimum Age; Minors 8 11
Lie Detector Tests; Polygraphs 9 11
Orientation; Bonds; Bribery Statements;
Oaths of Office 10 12
Training Reimbursement Agreements 11 12
CHAPTER 5
NONDISCIPLINARY PROBATION
Probationary Period 1 13
Purpose 2 13
Failure of Probation 3 13
Appeal of Failure of Probation 4 13
CHAPTER 6
PERFORMANCE EVALUATION
Performance Evaluation Report 1 14
Purpose 2 14
Counseling 3 14
CHAPTER 7
CLASSIFICATION
Plan Preparation and Maintenance 1 15
Effect of Reclassification 2 15
Official Titles 3 15
Job Descriptions 4 15
Review of Salary Ranges 5 15
CHAPTER 8
COMPENSATION
Basis 1 16
Administration of Range /Step
Salary Schedules 2 16
Overtime 3 17
Flex -Time 4 17
Compensatory Time 5 18
Time Records 6 18
Insurance and Retirement 7 18
Educational Incentive Pay 8 19
SECTION PAGE
CHAPTER 8 (cont.)
Longevity 9 19
Social Security 10 20
Deferred Compensation 11 20
Garnishment 12 20
Cafeteria Plan 13 20
Pay Days; Termination Pay 14 20
Business /Travel Expense Reimbursement 15 21
Disease Benefit 16 21
Legal Representation 17 21
Exempt and Open Salaried Employees 22
CHAPTER 9
ABSENCE
Holidays 1 23
Vacation Leave (Annual Leave) 2 24
Sick Leave (Personal Leave) 3 25
Military Leave 4 26
Administrative Absence with Pay 5 26
Authorized Leave without Pay (Excused Absence) 6 27
Absence without Leave (Lost Time or
Unexcused Absence) 7 27
Worker's Compensation; Injury Leave
with Pay; Other Injury Leave
Light Duty (Alternate Work)
CHAPTER 10
CONDUCT
8
9
27
29
Attendance 1 30
Work Standards 2 30
Political Activity 3 30
Solicitation; Acceptance of Gift 4 30
Physical Fitness 5 31
Personal Appearance 6 31
Financial Obligations; Garnishment 7 31
Driving and Operating City Vehicles 8 31
Retaliation Prohibited 9 32
Use of Telephone 10 32
Incident Reports 11 32
Outside Employment 12 32
Harassment 13 33
Employee Drug Abuse Policy 14 33
Complaints Regarding Employee Conduct 15 34
CHAPTER 11
DISCIPLINE APPEALS
SECTION PAGE
Grounds for Disciplinary Action 1 35
Types of Disciplinary Action 2 35
Written Reprimand 3 35
Disciplinary Probation 4 35
Suspension 5 36
Reduction in Pay 6 36
Demotion 7 36
Dismissal 8 36
Pre-Deprivation Hearings 9 36
Appeal of Disciplinary Action
to City Manager 10 37
Appeal of Certain Disciplinary Action
to City Council 11 37
CHAPTER 12
NONDISCIPLINARY SEPARATION
Resignation 1 38
Layoffs/Reorganizations 2 38
Incapacity 3 38
Retirement 4 39
CHAPTER 13
REINSTATEMENT
Following Layoff 1 40
Following Separation for Incapacity 2 40
Veterans 3 40
CHAPTER 14
GRIEVANCE PROCEDURES
Notice to Supervisor 1 41
Response by Supervisor 2 41
Appeal to City Manager 3 41
CHAPTER 15'
PERSONNEL FILES AND REPORTS
Personnel Files 1 42
Status Change 2 42
Personnel Reports 3 42
Final Pay; Termination Interview 4 42
HUNTSVILLE POLICE DEPARTMENT
PROMOTIONAL POLICIES
Purpose
Procedure for Promotion to
Police Lieutenant
APPENDIX A -
APPENDIX B -
APPENDIX C -
APPENDIX D -
CHAPTER 16
APPENDIX
Charter Officer - City Manager
Charter Officer - City Attorney
Charter Officer - City Secretary
Charter Officer - Municipal Court Judge
SECTION PAGE
1
2
43
43
45
46
47
CITY OF HUNTSVILLE
PERSONNEL RULES
CHAPTER 1
INTRODUCTION
Section 1. Obiective.
These rules are designed to bring to the City a high degree of understanding,
cooperation, efficiency, and unity through systematic, uniform application of
modern personnel practices. Objectives of the City personnel management system,
which includes these rules, are:
a. to promote and increase efficient, responsiveness to the public, and
economy in the City personnel management;
b. to provide fair and equal opportunity for qualified persons to enter and
progress in the City employment in a manner based on merit and fitness as
ascertained through fair and practical personnel management methods;
c. to maintain recruitment, advancement, and tenure practices enhancing the
attractiveness of a City career and encouraging each employee to give his
or her best effort to the City and the public;
d. to promote high morale among City employees by fostering good working
relationships and by providing uniform personnel policies, opportunities
for advancement, and consideration of employee needs and desires.
Section 2. Equal Opportunity Policy.
Affirmative action shall be taken to ensure equal employment opportunity in the
City. Discrimination against any person in recruitment, examination,
appointment, training, promotion, discipline, or any other aspect of personnel
administration, membership or nonmembership in employee organizations, or because
of race, color, religion, national origin, citizenship status, marital status,
or other non -merit factors is prohibited. Discrimination on the basis of age or
sex or physical requirements is prohibited except where specific age, sex, or
physical requirements constitute a bona fide occupational qualification.
See also Affirmative Action Plan for Equal Opportunity Employment of the City
of Huntsville (1977); Title VII of the Civil Rights Act of 1964, 42
U.S.C. § 2000e; the Age Discrimination in Employment Act, 29 U.S.C.
§ 621; Texas Commission on Human Rights Act, Tex. Rev. Civ. Stat.
art. 5221k.
1
Section 3. A'slicabilit - No Contract.
These rules apply to all non - charter City employees except where inconsistent
with state or federal law. A person on retainer or under contract is not
considered to be a City employee in the absence of a specific agreement to that
effect. Nothing in these rules shall be construed to limit the power of the City
Manager or department heads to issue and enforce reasonable personnel rules not
in conflict with the state statutes or these rules. Nothing in these rules shall
be construed as an employment contract, and no City employee is authorized to
bind the City to an employment contract except with the express written approval
of City Council.
Section 4. Dissemination.
a. All City employees shall be informed of the existence of these rules and
each department shall keep a copy available for reference by its
employees.
At each City job center designated by the City Manager shall be located
a bulletin board. The bulletin boards are for official use only, and
shall be used for communications required by state and /or federal law or
these rules and which are approved by the Human Resources Division.
Post: Personnel rules, medical handbook, vacancies, worker's compensation
notices, whistleblower notices and hazardous chemical notices. See Tex.
Rev. Civ. Stat. art. 6252 -16a § 6.
Section 5. Amendment.
a. City Council may unilaterally change, rescind, supplement, or supersede
these rules at any time without notice.
b. The provisions of these rules control over any contradictory statement
made by any City supervisors.
Section 6. Division of Responsibility.
With the exception of matters reserved to the City Council, the general and final
authority for personnel management rests with the City Manager.
The Human Resources Division should coordinate management in all areas of
personnel administration, including employee - management relations, training and
career development, and employee health, safety, and morale.
Each Department Head is responsible for enforcing the provisions of these rules
and related policies and procedures by cooperating with the Human Resources
Division on all matters pertinent to his or her department.
2
Section 7. Safety.
a. The City of Huntsville desires to conduct its operations with the utmost
regard for the safety of its employees and its citizens.
b. No employee shall be required to perform hazardous duty without first
receiving training concerning the hazard and proper work methods.
c. The City Manager shall provide for health and safety programs appropriate
to create a safer working environment.
d. Employees shall not be subject to reprisal or retaliation for filing a
workers compensation claim or for .reporting unsafe conditions to
management or outside enforcement authorities.
See Safety Manual; Chapter 9, § 8 /Worker's Compensation; Injury Leave with Pay;
Other Injury Leave.
3
Actual Work
Charter Officer
Classified
Position
COBRA
Day
Demotion
Department
Director
Division
Exempt Employees
Injury Leave
With Pay .
Officer
(Appointed)*
* Proposed
CHAPTER 2
DEFINITIONS
See time actually worked.
The City Manager, City Secretary, City Attorney or Municipal
Court Judge.
A job budgeted and assigned to a pay grade within the City's
pay plan.
The Consolidated Omnibus Reconciliation Act of 1985; a federal
law that, among other things, establishes rules for medical
expense benefit plans.
See 42 U.S.C. § 300 bb -1.
Unless otherwise specifically provided, shall mean eight (8)
hours.
The assignment of an employee from a position in one class to
a position in another class having a lower maximum salary.
A unit of City government consisting of one or more division
as provided by the City budget.
Department head.
A basic unit of City government as provided by the City
budget.
Employees not covered or exempted by the specific provisions
of the Fair Labor Standards Act.
Fair Labor Standards Act, 29 U.S.C. § 201.
Absence from work with pay for a period not to exceed five
working days from an employee's injury.
A Cit em to ee entrusted with the administration of justice
or t e execution of aw inc u in t e Cit Mana er Cit
Secretar Cit Attorne Municisa Court u
e Director o
Finance, Bui •inq Of icia s, ea t if icials, Planning an
Zoning Commission Members Board of Adjustments and A eals
Members Cit ax Co ector ire Mars a Fire C ie Po ice
ie , an every po ice o icer o t e City o Huntsvi e.
4
Open - Salaried
Position A job not assigned to the City's pay plan.
Outside
Employment Private employment business pursued by a City employee.
Probation A trial or test period to determine the fitness of a person
for a position.
Promotion The assignment of an employee from a position in one class to
a position in another class having a higher maximum salary.
Time Actually
Worked
The time an employee is actually on duty, on compensatory
time, vacation time, injury leave with pay, or a City declared
holiday, but shall not include the time that the employee is
on authorized leave without pay, emergency leave, or sick
leave.
Transfer The assignment of an employee from one position to another
having the same maximum salary.
5
CHAPTER 3
VACANCIES
Section 1. Vacancy Identification.
Department Heads shall notify the Human Resources Division when vacancies occur
or are imminent.
Section 2. Announcement of Vacancies.
The Human Resources Division shall publicly announce all vacancies to be filled
in the City personnel system. Positions to be filled by administrative transfer,
temporary promotion, or reinstatement may be announced by three days posting in
prominent places at all City job centers. All other vacancies shall be
advertised in the City's official newspaper.
Each announcement, insofar as practicable, shall specify the job title, salary
range, and nature of the job; the required qualifications; the type of selection
procedure to be utilized; and the deadline for and method of application. Each
announcement shall contain a statement affirming the City's commitment to a
policy of equal employment opportunity.
See also Affirmative Action Plan for Equal Opportunity Employment of the City of
Huntsville (1977).
Section 3. Promotion Policy.
A promotion is the assignment of an employee from a position in one class to a
position in another class having a higher maximum salary.
It shall be City policy to provide promotional opportunities whenever possible.
A selection process may be limited to qualified City employees or such employees
may be given preference in application and /or consideration. Opportunities for
promotion across organizational lines shall be maximized.
Employees should consult departmental rules for specific information regarding
promotional opportunities.
Section 4. Emergency Temporary Appointments.
Whenever an emergency exists which requires the services of personnel who are not
otherwise available, the City Manager may immediately appoint such personnel for
a period not to exceed 30 working days without regard to normal recruitment and
selection requirements.
Section 5. Temporary Promotions.
The City Manager may authorize a temporary promotion to ensure the proper
performance of City functions if a position is vacant or its regular incumbent
is absent. Employees so promoted shall be additionally compensated for the
duration of their temporary assignments in amounts to be determined by the City
Manager.
6
Temporary promotions shall not be used to circumvent normal selection procedures.
The employees involved shall not acquire any status or rights in the
classification to which the employee is temporarily promoted except as provided
above.
Nothing herein shall be construed to prevent the assignment of higher -level
duties to an employee without additional compensation. Authorized additional
compensation shall be paid only in cases of formal temporary promotion effected
in accordance with these rules.
Section 6. Transfers.
A transfer is the assignment of an employee from one position to another having
the same maximum salary.
A transfer not involving promotion or demotion may be effected at any time for
administrative convenience or upon request of the employee to the Department
Head, if intradepartmental, provided that the employee is qualified to perform
the duties of the position to which transfer is contemplated.
Transfers may be made administratively or in conjunction with an announced
selection process. Transfers between classes or between departments shall become
effective upon recommendation of Department Directors following approval by the
City Manager.
Section 7. Nondisciplinary Demotions.
A demotion is the assignment of an employee from a position in one class to a
position in another class having a lower maximum salary.
With the approval of the City Manager and if qualified to perform duties of the
lower level position, an employee may be administratively demoted at his or her
own request, as an alternative to layoff, or as a part of a City Council approved
reorganization. Such demotions shall not be considered disciplinary actions or
disqualify the employees involved from consideration for later advancements.
Demotions effected as alternatives to layoffs may be fully or partially rescinded
at any time.
Section 8. Applications.
Applications for initial employment, promotion or other type of transfer, and
reinstatement shall be submitted as prescribed by the Human Resources Division.
Only applications officially received in the prescribed manner shall be
considered.
All information submitted in connection with applying for City positions is
subject to verification. The City shall require such releases as necessary to
investigate an applicant's medical, workers compensation, education, employment,
criminal and driving histories.
See also Chapter 4, § 9 /Lie Detector Tests; Polygraphs.
7
Section 9. Evaluation of Applicants.
The Human Resources Division shall coordinate with management as to the most
appropriate means of evaluating applicants against job requirements to identify
the best qualified. Reference checks, interviews, medical examinations,
background checks, performance tests, written tests, and /or other screening
procedures may be used as appropriate.
Applicants shall be required to provide any information and undergo any
examinations necessary to demonstrate compliance with prescribed qualification
requirements for the positions involved.
Section 10. Disqualification.
An applicant shall be disqualified from consideration if he or she:
a. does not meet the qualifications necessary for performance of the duties
of the position involved;
b. has made a false statement of material fact on the application form or
supplements thereto;
c. has committed or attempted to commit a fraudulent act at any stage of the
selection process;
d. cannot provide verification of work authorization and identity.
Any applicant may be disqualified from consideration upon other reasonable
grounds relating to job requirements.
Section 11. Referral and Selection.
The Human Resources Division shall develop standard operating procedures for the
referral of applicants to departments for final selection. The procedures shall
provide for selecting officials to report the disposition of all referred
applicants and the reasons therefor.
CHAPTER 4
APPOINTMENTS, TRANSFERS, PROMOTIONS
Section 1. Authority.
Except as otherwise provided by Charter or ordinance, the City Manager shall
confirm employment of all City positions after selection by Department Directors.
Section 2. Basis.
Appointments shall be made based on the qualifications of applicants as
ascertained through fair and practical selection methods.
Section 3. Type.
Appointments shall be designated either regular or temporary. A regular
appointment is ordinarily of indefinite duration and may be made to full -time or
part -time position. A limited term regular appointment may be made in unusual
circumstances. Regular appointments are subject to the rules governing
probation.
Section 4. Nepotism. Fraternization. and Romantic Relationships between
Employees.
a. No employee may directly or indirectly appoint to City service, supervise,
or be supervised by a member of his or her immediate family. Immediate
family means a person related in the second degree by affinity (marriage)
or in third degree by consanguinity (blood). Under no condition will a
person be appointed to a division in which the person has such a relative.
b. The City Manager may apply the nepotism prohibition in the case of other
organizational and /or personal relationships when failure to do so would
be detrimental to the City.
c. No person related in the second degree by affinity or in the third degree
by consanguinity to the Mayor, any member of City Council or the City
Manager shall be appointed to any office, position, clerkship or other
service of the City, except where authorized by state law.
See City Charter § 14.11; Employee Nepotism Charts Attached; Tex. Rev. Civ. Stat.
art. 5996a.
Section 5. Residence.
There shall be no absolute residence requirement for City employees except as may
be provided by law or charter. Employees likely to be called to work in cases
of emergency may be required to reside within reasonable commuting ranges of
their places of work.
See also Tex. Loc. Gov't. Code § 150.021.
9
CITY OF HUNTSVILLE
EMPLOYEE NEPOTISM CHARTS
PROHIBITED RELATIONSHIPS INCLUDE:
1ST DEGREE
Parents
Children
Brothers and sisters
1ST DEGREE BY AFFINITY
Spouse
Spouse's parents
Spouse's children
Spouse's brothers and sisters
Stepparents
Stepchildren
2ND DEGREE BY CONSANGUINITY
Grandparents
Grandchildren
Aunts and uncles
First cousins
Nieces and nephews
2N0 DEGREE BY AFFINITY
Spouse's grandparents
Spouse's grandchildren
Spouse's aunts and uncles
Spouse's first cousins
Spouse's nieces and nephews
3R0 DEGREE BY CONSANGUINITY ONLY
(Does not include spouses)
Great grandparents
Great grandchildren
Great aunts and uncl es
Second cousins (child of first cousin)
Great nieces and nephews
RELATIONSHIPS NOT PROHIBITED INCLUDE:
3RD DEGREE BY AFFINITY
CONSANGUINITY KINSHIP
Relationship by Blood
AFFINITY KINSHIP
Relationship by Marriage
Spouse's great grandparents
Spouse's great grandchildren
Spouse's great aunts and uncles
Spouse's second cousins
Spouse's great nieces and nephews
NOTE: A husband or wife is related by affinity only to those who are
related to the other spouse by consanguinity. For example, the rule
prohibits an employee from supervising the employee's spouse's first
cousin, but not the spouse of the employee's first cousin.
10
Section 6. Medical Examinations.
A person selected for initial appointment or reinstatement shall undergo a
thorough medical examination by the City's physician at City expense. Employment
shall be contingent upon successful completion of the medical examination and
determination by the City that the person meets the standards of fitness required
for the job position involved.
With the approval of the City Manager, a Department Director may require a
physical or mental examination of any employee, to be performed by a physician
designated by the City, to determine the employee's fitness for continued
employment, promotion, or other personnel action. An employee may be placed on
administrative leave with pay pending the medical examination results.
Section 7. Verification of Identity and Work Authorization.
The Human Resources Division shall verify, by examining existing documents, the
work authorization and identity of all individuals prior to appointment. A copy
of those documents shall be made part of the employee's permanent files.
ee Immigration Reform and Control Act, 4 U.S.C. § 1324a.
Section 8. Minimum Age; Minors.
a. No person under 18 years of age will be employed in any regular full -time
position.
b. No person under 18 years of age will be employed in any position requiring
the operation of a motorized road vehicle owned by the City.
c. Persons under the age of 18 and over the age of 16 may be employed in
temporary positions involving only casual non - hazardous employment if the
individual and his/her parents furnish the City with appropriate releases
(minor's release).
See Child Labor Law, Tex. Rev. Civ. Stat. art. 5181.1.
Section.9. Lie Detector Tests; Polygraphs.
a. No City employee shall be directly or indirectly requested or required to
take any lie detector test; provided, that the City Manager may require a
lie detector test of:
1. an individual applying for employment, or employed by the City, in
the design, installation, maintenance of security systems, or
uniformed or plain clothes police or security functions; or
2. an individual if there is reasonable suspicion that the individual
was involved in an act involving economic loss or injury to the
City, such as theft, embezzlement or sabotage.
11
b. The City Manager shall establish reasonable procedures for the
administration of lie detector tests to ensure that the examination and
its results are not unreasonably intrusive upon the individual.
See Employee Polygraph Protection Act, 29 USC § 2001; Texas State Employees Union
v. Texas Department of Mental Health, 746 S.W.2d 203 (Tex. 1987); 51 1E.R. Cases
(S.D. Texas 1990).
Section 10. Orientation; Bonds; Bribery Statements; Oaths of Office.
a. The Department Director and supervisors, with assistance of the Human
Resources Division shall orient all new employees. Such orientation shall
include instruction and training regarding duties of the position, the
drug abuse program, safety, and the City.
b. Before taking the Oath of Office, all appointed officers shall file with
the Texas Secretary of State a bribery statement.,
See Tex. Const. art. XVI, 4 1; Tex. Rev. Civ. Stat. art. 26; City Charter
14.04.,
c. Before entering upon the duties of an office, all appointed officers
shall, at City expense, execute anv bond required by law.
d. pefore entering upon the duties of an office, all appointed officers shall,
take the Oath of Office. *
e. Each new employee shall be given a copy of these policies.
Section 11. Training Reimbursement Agreements.
With the approval of the Council, the City Manager may enter into an agreement
with an applicant for employment requiring that person, when employed by the
City, reimburse the City for the City's cost of training if he /she voluntarily
leaves the City to seek other employment.
* Proposed. See also Definitions, Chapter 2.
12
CHAPTER 5
NONDISCIPLINARY PROBATION
Section 1. Probationary Period.
a. Except as provided in subsection b, every person appointed to a regular
appointment below Pay Grade IX shall be required to successfully complete
a probationary period of six (6) months.
b. Every person appointed to a regular appointment in Pay Grade IX or above,
or to the position of Communications Operator shall be required to
successfully complete a probationary period of twelve (12) months.
Section 2. Purpose.
Department Heads and supervisors shall use the probationary period to closely
observe and evaluate the work and fitness of employees and to encourage
adjustment to their jobs. Only those employees who meet acceptable standards
during their probationary periods shall be retained.
See also Chapter 11, § 4 /Disciplinary Probations.
Section 3. Failure of Probation.
An employee shall fail probation when, in the judgment of the Department Head,
the employee's fitness and /or quality of work are not such as to merit
continuation in the job. Failure of probation may occur at any time within the
probationary period and shall not be considered part of the disciplinary process.
A new employee who fails probation may be separated from City employment. The
new employee, if terminated during this period, will have accrued no benefits nor
be eligible for any termination compensation. If desirable and feasible, the
employee may be administratively transferred to a more suitable position. A
newly promoted employee who fails probation may be returned to his or her former
type of job, if available, and may be eligible for consideration for later
advancement.
Section 4. Appeal of Failure of Probation.
An employee failing probation shall have no right of appeal except on the grounds
of discrimination prohibited either by these rules or by law. A written notice
of dismissal must be given to the employee which describes the reasons for
failure of probation. The employee's supervisor shall conduct a pre- deprivation
hearing prior to discharge of the employee. The employee may appeal in writing
to the City Manager within five (5) working days following failure of probation.
13
CHAPTER 6
PERFORMANCE EVALUATION
Section 1. Performance Evaluation Report.
The work performance of each regular employee should be evaluated in accordance
with procedures developed by the City Manager. An employee should be evaluated
at or near each merit date, or at or near his or her anniversary date after
reaching top of scale. Probationary employees should be evaluated at the
midpoint of their probation.
Section 2. Purpose.
Performance evaluation is designed to help supervisors and employees measure how
well work is being performed and to provide a tool for management decisions
regarding training, assignment, promotion and retention of employees.
Section 3. Counseling.
Employees should be provided copies of their own performance evaluation reports.
Evaluators should individually discuss the reports with the employees and should
counsel them regarding their careers and any improvements in performance which
appear desirable or necessary prior to sending the reports to the Human Resources
Division for the employee's permanent file.
14
CHAPTER 7
CLASSIFICATION
Section 1. Plan Preparation and Maintenance.
Subject to approval of the City Council, the City Manager shall prepare and
administer a classification plan for the City personnel system based on analysis
of the duties and responsibilities of positions. Positions shall be allocated
to appropriate classes based on objective factors. A position not allocated to
a class or salary range is an open salaried position.
See also Tex. Loc. Gov't. Code § 141.033.
Section 2. Effect of Reclassification.
An employee in a position that is reclassified from one salary range to another
shall be entitled to continue to serve in the position with unimpaired status if
the duties and responsibilities of the position are not significantly changed or
if the employee substantially meets the qualifications prescribed for the new
class.
Section 3. Official Titles.
Official class titles shall be used in all personnel matters. Working or
functional titles may be otherwise used as appropriate.
Section 4. Job Descriptions.
The job descriptions are established so that the employee will have an
understanding of what his duties are to be and what is expected.
Section 5. Review of Salary Ranges.
Approved salary ranges will remain in effect for a job position until the duties
and requirements of the job undergo a sufficient change to merit re- evaluation.
The City Manager, with approval of City Council, may authorize reclassification
of a job position.
15
CHAPTER 8
COMPENSATION
Section 1. Basis.
The City Manager shall prepare and administer a comprehensive compensation plan
for City employees subject to City Council approval. Employees shall be paid
salaries or wages in accordance with the compensation plan, which shall include
one or more salary schedules. In positioning classes on salary schedules,
consideration shall be given to prevailing rates of pay among public and private
employers; the duties, responsibilities, and qualifications required of employees
in the classes; and other relevant factors.
Section 2. Administration of Range /Step Salary Schedules.
Range /step salary schedules shall be administered in accordance with the
following rules:
a. A new employee shall normally be compensated at the minimum step of the
approved salary range. In exceptional circumstances, the City Manager may
authorize hiring above the minimum step. If such authorization is based
on general recruitment difficulties rather than on unique qualifications
of the new employee, pay for that job description shall, with City Council
approval, be increased to assure that other employees with the same job
description are not compensated less than the new employee.
b. A newly promoted employee shall ordinarily be compensated at the lowest
step of the approved range which would provide an increase in pay over
that received in the previous class. A newly promoted employee may be
paid at a higher step depending upon eligibility for future step increases
at his prior position. An employee being laterally transferred shall
ordinarily continue to receive the same salary and shall retain the same
eligibility date for pay increases.
c. Merit increases within ranges may be granted as specified in the
compensation plan upon recommendation of Department Heads and approval by
the City Manager. Careful consideration to the ability and production
record of each employee shall be given before such step increases are
granted. An employee in probation status shall not be eligible for merit
increases.
d. No employee shall be paid more than the rate established in the approved
compensation plan; except an employee, whose job was downgraded by
reclassification or changes in the labor market through no fault of the
employee, may continue to receive his or her former rate of pay until a
rate on the new salary range equals or surpasses the old rate or the
employee's job changes.
e. An employee voluntarily or involuntarily demoted for . any reason shall be
compensated on a step of the new range as administratively determined.
16
f. A former employee reinstated pursuant to provisions of these rules shall
be compensated on a step of the approved range as administratively
determined.
g.
Open salaried positions shall include those positions appointed by City
Council. Department Directors and employees in open salaried positions
will be compensated as determined by City Council upon recommendation of
the City Manager.
Section 3. Overtime.
a. Regular Employees
Overtime, when ordered, shall be allocated as evenly as possible among all
employees qualified to do the work. Employees will work overtime only at
the discretion of the supervisor or Department Director. Overtime pay
shall be paid only when an employee actually works more than'40 hours in
one (1) work week. Overtime shall be compensated by pay at one and one -
half (1.5) times the employee's regular hourly pay rate.
b. Exempt and Open Salaried Employees
Exempt employees and employees who are in open salaried positions do not
receive any compensation for overtime. They are expected to work as many
hours as necessary to complete their work.
See Chart, Exempt and Open Salaried Employees attached.
c. Overtime must be reported even if it is not authorized. All reported
overtime will be paid even if it is not authorized.
d. Disciplinary action may be taken against an employee who works overtime
without authorization or who fails to report overtime worked, whether
authorized or not.
e. Overtime pay should not include in its calculation paid time off for
vacation and holidays.
See also Fair Labor Standards Act, 29 U.S.C. 201; Tex. Loc. Gov't. Code §
142.0015.
Section 4. Flex -Time.
Consistent with the City's needs, the scheduling of a work week to accommodate
an employee's needs may be arranged upon approval of the employee's supervisor.
Flex -time arrangements for longer than one (1) month shall be formalized by
memorandum to the City Manager and Human Resources Division.
17
Section 5. Compensatory Time.
a. Regular Employees; limitation on compensatory time.
1. An employee qualified to receive extra pay for overtime may, with
approval of the Department Director, elect to receive compensatory
time off in lieu of extra pay. An employee other than a police
officer may, at the discretion of the Department Director, be
required to receive compensatory time off in lieu of extra pay. All
compensatory time will be accrued at a rate of time and one -half;
provided, however, compensatory time cannot be accrued unless the
person actually works more than 40 hours in one (1) week.
2. The maximum amount of compensatory time that any employee may accrue
and accumulate is 40 hours. If an employee has accrued a balance of
40 hours compensatory time, overtime must be paid in cash.
Compensatory time leave shall be authorized within a reasonable
time. Use of all compensatory time must be approved in advance by
the Department Director. Accrued balances of compensatory time at
the termination of employment shall be paid at a rate not less than
the average pay rate received by such employee over the last three
(3) years employment or the employee's final regular pay rate,
whichever is higher.
b. Exempt and Open Salaried Employees
Exempt employees and employees who are in open salaried positions may not
accrue compensatory time. Reasonable time off shall be permitted an
employee so long as such time off does not interfere with the normal
conduct of the job duties of the employee.
See also the Fair Labor Standards Act, 29 U.S.C. § 201; Tex. Loc. Gov't
Code § 142.0016.
Section 6. Time Records.
a. All employees, except exempt and open salaried employees, shall keep
accurate time records of time worked and compensatory time accumulated
which shall be certified by their supervisor and submitted to the Human
Resources Division.
b. Overtime must be reported even if it is not authorized.
Section 7. Insurance and Retirement.
Eligible employees who work more than 30 hours per week in budgeted permanent
positions shall receive insurance and retirement benefits as prescribed in the
applicable programs. Part -time employees shall not participate in such programs.
18
Dependents covered by the City's medical plan are entitled to continue medical
coverage for up to 36 months if they are:
a. the surviving spouse and /or children of a deceased employee;
b. a separated or divorced spouse and /or children of a covered employee; or
c. losing coverage because of age.
Employees and /or their dependents covered by the City's medical plan are entitled
to continue medical coverage for up to 18 months if the employee's medical
benefits are terminated because of:
a. reduction of hours worked or layoff;
b, resignation; or
c. termination due to conduct other than gross misconduct.
Individuals eligible for continuation of coverage must elect to continue coverage
within 60 days of the event otherwise terminating coverage and must pay for the
coverage monthly.
The City may terminate coverage prior to the applicable 18 or 36 month extension
if:
a. the City terminates its health plan for all employees;
b. the person fails to pay the monthly premium; or
c. the person becomes covered by another health plan or medicare.
See 42 U.S.C. § 300 bb -1.
Section 8. Educational Incentive Pay.
Changes in an individual's pay rate may be made based on the individual's
attainment of any required licenses, registrations or certification for a given
position.
Section 9. Longevity.
All classified employees will be paid $4.00 per month per year of service.
See also Tex. Loc. Gov't Code § 141.032.
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Section 10. Social Securitv.
The City does not participate in Social Security and City employees are not
covered by the Federal Insurance Contribution Act (F.I.C.A.). Full -time
employees must participate in a mandatory retirement plan. As provided by law,
certain City employees will be required to contribute to the Medicare portion of
the Social Security System. The City will make a matching contribution.
See also, 42 U.S.C. § 410 (medicare rules); 26 C.F.R. 31 (public retirement
rules).
Section 11. Deferred Compensation.
The City offers an I.R.S. approved § 457 deferred compensation plan through
I.C.M.A. An employee may participate by deferring up to 25 %, or $7,500 per year,
whichever is less, of income per year. Since an employee's contributions to a
deferred compensation account are strictly regulated by the I.R.S., the
employee's funds are not accessible like a savings account. This program should
be viewed as a tax sheltered retirement fund. For more information on deferred
compensation, contact the Human Resources Division.
leg Internal Revenue Code § 457; Tex. Rev. Civ. Stat. art. 6252 -3g.
Section 12. Garnishment.
The City will garnish an employee's wages if directed by court order.
Section 13. Cafeteria Plan.
Eligible employees may elect to receive a variety of benefits including accident
or health plan reimbursement, medical expense reimbursement, dependant care
assistance benefits, group term life insurance, long term disability premium
reimbursement, or cash as authorized under the City's I.R.S. approved program.
Section 14. Pav Days; Termination Pay.
a. Employees should be paid every two weeks, generally on Friday, for work
ending not more than six days prior to that pay day.
b. Each employee's pay check or pay check stub should identify all deductions
made by the City.
c. Upon termination, the City should pay the employee regular wages by the
next regular pay day. No accrued vacation, holiday, sick or other leave
pay should be paid until the employee completes the termination process.
leg Chapter 9, § 3 /Sick Leave (Personal Leave) and Chapter 15, § 4 /Final Pay;
Termination Interview; Tex. Rev. Civ. Stat. art. 5159d.
•
20
Section 15. Business/Travel Expense Reimbursement.
Employees may be reimbursed reasonable and necessary expenses incurred in the
conduct of City business as approved by the City Manager.
Section 16. Disease Benefit.
The City will provide disease benefits for peace officers and firefighters as
required by state law.
lee Tex. Rev. Civ. Stat. art. 1269t (disease benefit).
Section 17. Legal Representation.
The City will provide legal representation for employees as required by state
law.
See also Tex. Loc. Gov't Code § 180.002; City of Huntsville Code § 2-70.
EXEMPT AND OPEN SALARIED EMPLOYEES
Exempt
Assistant to Director of Engineering Design
Court Clerk
Chief Building Official
Librarian
Planner II
Programmer II
Project Coordinator
Superintendent I
Superintendent II
Supervisor V
Administrative Coordinator for Finance
Open - Salaried
City Attorney
City Manager
City Secretary
Director of Community Development
Director of Engineering Design
Director of Finance
Director of Planning
Fire Chief
Police Chief
Director of Public Utilities
Director of Public Works
Municipal Court Judge
CHAPTER 9
ABSENCE
Section 1. Holidays.
New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving (last Thursday and Friday in November), Christmas (December 25 and
an additional Christmas holiday to be determined by Council), the employee's
birthday or any other recognized state, federal or religious holiday with
Department Director approval after five (5) days notice, and such other days as
may be declared by the City Council shall be observed as official holidays for
City employees in accordance with the following rules:
a. As many employees as possible shall be given each holiday off consistent
with the maintenance of essential City functions.
Temporary part -time and temporary full -time employees may be granted
unpaid holidays. Permanent part -time employees shall be entitled to a
partially paid holiday if the holiday is a regularly scheduled workday.
c. A regular employee who works on a holiday as directed shall be paid for
the time worked at his regular hourly pay rate and shall either be
compensated by additional pay at one and one -half (1.5) times the
employee's regular hourly rate for the hours actually worked or, with
permission of the Department Director, accrue a day of holiday leave.
d. An open salaried or exempt employee who works on an official holiday may
reschedule a personal day off.
e. If a holiday falls on Saturday, the preceding Friday shall be observed,
and if a holiday falls on Sunday, the following Monday shall be observed.
f. An employee in leave of absence without pay status on the holiday or on
the scheduled work day immediately preceding or following shall not
receive pay for the holiday.
Employees desiring to observe religious holidays not coinciding with
official holidays may be given time off without pay or may be authorized
to use accrued vacation leave.
h. No employee may accrue more than four (4) days of holiday leave except for
extenuating circumstances approved in writing by the City Manager.
For purposes of scheduling a holiday, a holiday shall have an hour value
equal to the employee's regularly scheduled shift or workday.
No person shall be entitled to additional holiday compensation at more
than their regular hourly rate for more than ten (10) hours worked on any
holiday unless approved by the City Manager.
See also Tex. Loc. Gov't Code § 142.0013.
23
Section 2. Vacation Leave (Annual Leave'.
Each permanent full -time employee shall earn vacation leave as follows:
Years of Service
Vacation per Year Monthlv Accrual
0 -9 10 Days .83 Days
10 -15 15 Days 1.25 Days
16 16 Days 1.33 Days
17 17 Days 1.42 Days
18 18 Days 1.5 Days
19 19 Days 1.58 Days
20+ 20 Days 1.67 Days
Vacation leave shall be administered according to the following rules:
a. An employee may take vacation leave only after one (1) year of continuous
service.
b. Vacation leave shall not accrue for any month during which an employee is
in pay status for less than one -half the standard number of paid days for
his or her job type.
c. Vacation leave may be taken in one (1) hour increments with proper
supervisory approval.
Employees shall be encouraged, and required, to use a substantial portion
of their vacation leave each year. No employee may accrue more than 20
days of vacation leave except in extenuating circumstances as determined
by the City Manager.
e. Department Heads shall schedule or approve vacations giving due
consideration to the needs of service and the interests of the employees.
Vacations may be split.
Vacation leave shall be charged only for time during which the employee
would ordinarily have worked. City holidays will not be charged against
vacation leave.
g. Employees being laterally transferred, promoted, or demoted shall retain
accrued vacation leave.
Vacation leave shall not be advanced to employees except in emergencies
with the approval of the City Manager.
Employees with at least one (1) year of continuous service who are
separated for any reason shall be paid for any accrued vacation leave.
j. Vacation leave credits are not transferable between employees.
k. Regular part -time and temporary employees shall not accrue vacation leave.
24
1. Additional compensation in lieu of vacation time is prohibited.
See also Tex. Loc. Gov't Code § 142.0013.
Section 3. Sick Leave (Personal Leave).
Regular full -time employees shall be allowed sick leave with full pay in
accordance with the following rules:
a. A full -time employee shall earn 12 days of sick leave per year at the rate
of one (1) day per month, provided, however, that an employee cannot use
sick leave until he or she has six (6) months continuous service (part -
time or full -time) with the City.
b. Sick leave shall not accrue for any month during which an employee is in
pay status for less than half the standard number of paid days for his or
her type of job.
c. Accumulation of sick leave credits for use during employment shall be
unlimited. Sick leave credits will not be restored upon rehire.
d. Sick leave may be taken in increments equivalent to one (1) hour of work
because of personal illness, non - occupational injury, legal quarantine, or
routine health care appointments which cannot reasonably be scheduled
outside of working hours.
e. An employee's supervisor may request and obtain verification of the
circumstances surrounding any use of sick leave.
Accrued vacation leave may be used to supplement sick leave. Pay shall be
discontinued when authorized leave is exhausted.
g. An employee who becomes ill or injured during a vacation may, with proper
documentation, request that the vacation be terminated and the time of the
non - occupational illness or injury be charged to sick leave.
Employees with five (5) years of continuous service who are separated for
any reason including disability or retirement shall be paid for any
accrued sick leave as follows:
Sick Leave Accrued
Up to 480 hours
Over 480 hours but
less than 1200 hours
Over 1200 hours
Amount Paid at Termination
0%
25%
50%
i. Sick leave credits are not transferable between employees.
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J•
Department Heads, after ascertaining the exact circumstances, may permit
a regular employee to use sick leave in the event of a disaster, serious
injury, or serious or contagious illness involving the employee's
dependents. Department Heads, after ascertaining the exact circumstances,
may permit an employee to use up to three (3) sick leave days per calendar
year in the event of a death, serious injury, or serious illness within
the employee's immediate family.
See Chapter 4, § 4 /Nepotism.
k. Regular part -time and temporary employees'shall not accrue sick leave.
1. An employee shall notify his immediate supervisor or the Director prior to
the time set for beginning work in order to receive compensation for sick
leave.
m. A pregnant employee is expected to make her own decision, in consultation
with her physician, as to when she will cease working. Except in
emergencies, at least ten (10) working days written notice of cessation of
work shall be required. The aforementioned notice shall include a
statement of the employee's intentions concerning resumption of work.
If pregnancy prevents an employee from properly performing her duties or
creates a hazard to persons or property, the City may invoke the
provisions of these rules concerning separation for incapacity or may take
other appropriate administrative measures.
Employees with illness or disabilities arising from pregnancy or maternity
shall be entitled to benefits on the same basis as employees with other
types of temporary illnesses or disabilities. Documentation of the
disability shall be required as in the case of other disabilities.
Employees who are fathers or who adopt children may use sick leave as
appropriate to care for spouse or children.
Section 4. Military Leave.
Military leave with pay up to 15 days per year shall be granted in accordance
with Texas and federal laws. Military leave without pay shall be granted in
accordance with Texas and federal laws. Employees preparing to take authorized
military leave shall furnish their Department Director with copies of their
military orders or other appropriate certificate.
See also Tex. Gov't Code ch. 431; Tex. Att'y Gen. Op. Nos. WW -1477 (1962), C -679
(1966), MW -240 (1980) and MW -300 (1981).
Section 5. Administrative Absence with Pay.
Employees shall be granted sufficient administrative absence with pay, when
necessary, in order to vote in an official election. Employees called for jury
service shall be granted administrative absence with pay during such service and
shall retain any fees paid by the courts. Employees excused or released from
jury service shall report to their work stations in accordance with departmental
instructions with jury slip from court.
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With the approval of the City Manager, a Department Head may grant an employee
administrative absence with pay for purposes of attending a professional
conference, convention, training activity, legislative proceeding, civic function
or meeting, or for purposes of coordinating with governmental and private
agencies and entities in the interest of the City.
The City will make every attempt to offer an employee every opportunity to
broaden his skills and develop his professional ability through schools, seminars
and training sessions, dependent on the City's ability to pay and /or a work
schedule as approved by his supervisor.
The employee should notify his immediate supervisor of his desire to attend these
schools.
Section 6. Authorized Leave without Pav (Excused Absence).
In circumstances not falling within other provisions of these rules, the
Departmental Director may authorize an employee to take leave without pay under
such terms and conditions as may be mutually agreeable.
See also Chapter 172, 72nd Legislature (1991) (legislative leave for peace
officers and firefighters).
Section 7. Absence without Leave (lost Time or Unexcused Absence).
An employee failing to report for duty or remain at work as scheduled without
proper notification, authorization, or excuse shall be considered absent without
leave and shall not be in pay status for the time involved.
Absence without leave constitutes abandonment of duties that may result in
dismissal. Absence without leave for three (3) consecutive days constitutes a
voluntary resignation.
Section 8. Worker's Compensation; Injury Leave With Pav; Other Injury Leave.
a. Medical expenses incurred for compensable on the job injuries will be paid
at no expense to the employee.
Unless the employee's injury is due to the employee's failure to use a
prescribed safety device, failure to follow a City safety rule, or use of
an intoxicant, the City will pay an employee who sustains a compensable on
the job injury leave with pay 100% of the employee's salary for the first
five (5) working days of the disability without any charge to the
employee's vacation or sick leave. The City will not pay more than five
days injury leave to any one employee per calendar year.
27
c. Beginning on the eighth (8th) calendar day of disability, the employee
will be compensated at a rate of up to 75% of the employee's average
weekly wages (excluding overtime) up the maximum benefits as controlled by
the Worker's Compensation Act. Additionally, the City will pay an
employee receiving a workers compensation weekly income benefit and whose
base salary exceeds the State's average weekly income benefit equal to 70%
of the difference between the employee's weekly base salary and the
State's average weekly wage.
d. An employee may not use accrued vacation or sick leave to supplement
worker's compensation.
See also Tex. Rev. Civ. Stat. art. 8309h § 5(c).
e. If an employee is disabled and unable to return to work for four (4)
weeks, then the City's Worker's Compensation will pay the employee for the
first five (5) days of work. If the employee was paid injury leave by the
City under paragraph (b), the employee shall reimburse the City the amount
paid by Worker's Compensation for this initial five (5) day period.
See also, Tex. Loc. Gov't Code § 142.008; Tex. Rev. Civ. Stat. art. 8307c
and 8309h § 3(d).
f. An employee shall not accrue benefits (vacation leave, sick leave,
retirement, deferred compensation, etc.) while the employee is on injury
leave or unable to work because of an injury for more than one week per
year. Service credit for all employment privileges and benefits will
discontinue during this period except where otherwise provided by state or
federal law.
g. If an employee who is injured is unable to return to work within one week,
then the City will pay (in addition to the worker's compensation benefit
and the City's supplemental income benefit described in c. above) the
employees medical premiums (employee and dependent care), long term
disability premium, and life insurance premium which are payroll deducted
by the City and provided by the City's approved carriers. Such extended
benefits will be provided to the employee for a period of up to six
months. The employee is responsible for and must take appropriate action -
to insure payout of items such as credit union loans and supplemental
health or life insurance..
h. An employee must be available for consultation at the City or at home
during the disability. An employee who is on City work related injury
leave shall contact his or her supervisor at least once every five (5)
working days.
1. The failure to follow doctor's orders, or employee activity inconsistent
with the employees injury, including any outside employment not approved
in writing by the employee's supervisor and the Division of Human
Resources, may result in disciplinary action up to and including
termination.
28
An employee who suffers an occupational injury or illness shall return to
work immediately when released to do so by the examining physician.
Failure to return to work when released shall result in appropriate
disciplinary action up to and including dismissal. An employee released
by his physician to assume duties after being placed on injury leave
status must, prior or immediately upon reporting to work, provide a
written release from the attending physician indicating the employee's
fitness to return to his full former duties and the date of the employee's
release from medical care.
k. An employee who is unable to return to work in full duty status within six
(6) months of an injury may be separated for incapacity reasons. See
Chapter 12, § 3 /Incapacity. At that time the employee may elect to
receive accrued vacation and sick leave benefits, if any, payable upon
termination. An employee may not, however, be reinstated unless the
employee reimburses the City any sick leave paid, plus interest at eight
percent (8%) from the date of payment.
Section 9. liciht Dutv (Alternate Work).
a. An employee who is released to return to work in less than full duty
status will perform restricted duty tasks when available. This duty will
be assigned by the City as determined by economic and operating
conditions. Restricted duty assignments may be in a position, department
or shift other than the employee's original position, department or shift.
b. No employee on light duty will work overtime.
c. If an employee, due to City work related injury, is returned to work in
less than full duty status (light duty), the employee cannot be sent home
with time charged to his or her accumulated sick leave, compensatory time,
vacation leave, etc. An employee may, however, elect to voluntary use of
accumulated vacation leave, sick leave (unrelated illness), or
compensatory time.
d. An employee who is unable to return to full duty status within six (6)
months of an injury may be separated for incapacity reasons.
29
CHAPTER 10
CONDUCT
Section 1. Attendance.
Employees shall be at their places of work in accordance with City and
departmental policies and regulations. Department Heads shall establish work
schedules and maintain daily employee attendance records. Full-time City
employees work forty (40) hours per week unless otherwise directed by the City
Manager.
Section 2. Work Standards.
It shall be the duty of each employee to maintain high standards of cooperation,
efficiency, and economy in his or her work for the City. Department Heads shall
organize and direct the work of their departments to achieve these objectives.
If the work habits, attitude, production, and /or personal conduct of an employee
fall below appropriate standards, supervisors should point out the deficiencies
at the time they are observed. Counseling and warning the employee in sufficient
time for Improvement should ordinarily precede formal disciplinary action, but
nothing herein shall prevent immediate formal action, as provided elsewhere in
these rules, whenever the interest of the City requires.
Section 3. Political Activity.
Except as may be otherwise provided by law, the following restrictions on
political activity shall apply to City employees:
a. City employees shall refrain from using their positions for or against any
candidate for public office in any jurisdiction.
b. City employees shall not use working hours or City property to solicit or
receive any subscription, contributions, or political service, or to
circulate any petition or campaign literature on behalf of any candidate
for public office or for any political issue.
See also Tex. Loc. Gov't Code § 150.001 -.003, 180.01,
Section 4. Solicitation: Acceptance of Gift.
a. Solicitation. of funds" or anything of value for any purpose whatsoever
shall be permitted of or by City employees on the job only with the
express approval of the City Manager. No employee may be required to make
any contribution nor may an employee be penalized in any way in connection
with his or her employment according to his or her response to a
solicitation.
b. No employee shall accept or solicit any money, property, service, or other
thing of value in excess of $25.00 from a person, business entity or other
organization regulated by, contracting with, or having any other business
relationship with the City department of which the employee is a member.
30
c. If a person presents a gift to a City employee as a reward for service or
as an act of expressing appreciation, then the employee shall report the
gift in writing to his supervisor and the City Manager.
See also Tex. Loc. Gov't Code ch. 171.
Section 5. Physical Fitness.
It shall be the responsibility of each employee to maintain the standards of
physical fitness required for performing his or her job.
Section 6. Personal Appearance.
All employees, regardless of work location and degree of public contact, are
expected to dress appropriately and in good taste and are expected to maintain
a good general appearance at all times.
Section 7. Financial Obligations; Garnishment.
a. All employees are expected to keep their personal financial affairs in
good order. Failure to pay just debts, including taxes, may constitute
grounds for disciplinary action.
b. The City will follow court orders concerning garnishment.
Certain state and federal laws allow garnishment of wages.
See also 11 U.S.C. § 525a (prohibiting discrimination by governmental
employers against employees because they file for bankruptcy protection).
Section 8. Driving and Operating City Vehicles.
a. Before employing a person as a driver of a motor vehicle used to transport
persons, or before permitting any employee to drive any City vehicle, the
Human Resources Division shall request from the Texas Department of Public
Safety a list of convictions of traffic violations contained in their
files on the person and a verification that the person has a valid
license.
See Tex. Rev. Civ. Stat. art..6687b.
b. If a job assignment requires an employee to operate or drive a City
vehicle, the employee shall possess a drivers license. Any employee who
loses a valid drivers license shall report such loss to their supervisor
immediately.
c. With approval of the City Manager, employees on call may drive City
vehicles home. Except as expressly permitted, City vehicles shall not be
used for personal business.
d. An employee that has an accident while operating a City vehicle shall
immediately notify both the Police Division and their supervisor.
31
Section 9. Retaliation Prohibited.
No supervisor shall suspend or terminate the employment of, or otherwise
discriminate against, an employee merely for reporting a violation of the law if
the employee report is made in good faith.
See also Tex. Rev. Civ. Stat. art. 6252 -16a.
Section 10. Use of Telephone.
Telephones in City offices, shops, etc., are for City business. Personal calls
are discouraged and should be held to a minimum.
Official long distance calls must be logged and sent to Accounting in order to
keep an accurate record of the calls. No personal long distance calls may be
charged to the City.
Telephones shall not be left unattended during normal working hours.
Section 11. Incident Reports.
An employee shall within one (1) working day report to his supervisor any
incident that involves either any personal injury, or any damage or loss to City
property or the property of others. His or her supervisor shall reduce such
report to writing within one (1) day if such incident involves personal injury
or damages or loss to any property in excess of $50.00. It should be immediately
forwarded to the Division Director, City Manager, and Personnel Coordinator.
(An employer has eight (8) working days after an injury is reported to file a
written report with the servicing contractor and the Industrial Accident Board.)
The primary purpose of this report is to obtain an objective insight into facts
surrounding the accident in order to improve future accident control measures.
It is not the intent of this investigation to cause undue embarrassment to the
employee. If he failed to take precautions or use safety appliances that he was
familiar with, however, this fact should be given along with a reason for the
.employee's neglect in following safe procedures and use of safety equipment.
The supervisor is to recommend or indicate positive action in his comments or
corrective action to be taken following investigation of each accident, to insure
it does not happen again.
An Accident and Review Board composed of City employees may be appointed by the
City Manager or his designee to review an employee's accident.
Section 12. Outside Employment.
Second jobs held by the employee are permissible under the following conditions:.
a. The Department Director is informed of the outside employment in writing,
and the type of duties performed.
32
b. The outside employment has been approved by the Department Director and
City Manager.
c. The outside employment does not constitute a conflict of interest,
interfere with employee efficiency, require the use of City time or
equipment.
d. If an employee shall become unable to perform the duties of his City job
because of an injury or other incapacitation caused while engaged in
private business or in the employment of an employer other than the City,
the City will deny the benefits otherwise granted by these policies.
Section 13. Harassment.
a. Sexual harassment, including sexual advances, request for sexual favors,
and verbal or physical conduct of a sexual nature, including offensive
jokes, pictures, or cartoons, of any employee by a City employee is
prohibited if such conduct interferes with the individual's work
performance or creates an intimidating, hostile or offensive working
environment. Any employee who experiences or observes any such harassment
should notify their supervisor or the Human Resources Division.
b. Racial, ethnic or religious harassment of any employee or applicant by a
City employee is prohibited if such conduct interferes with the
individuals work performance or creates an intimidating, hostile or
offensive working environment. Any employee who experiences or observes
any such harassment should notify their supervisor or the Human Resources
Division.
c. All allegations shall be dealt with in strict confidence, and appropriate
disciplinary action shall be taken.
See also Tex. Penal Code § 39.02.
Section 14. Employee Drug Abuse Policy.
a. It is the policy of the City of Huntsville to assist employees in
eliminating drug abuse.
b. The term "drug" includes alcoholic beverage and prescription drugs, as
well as illegal inhalants and illegal drugs. The term drug does not
include prescription drugs when taken as directed by a doctor.
c. The unlawful manufacture, distribution, dispensation, possession, or use
of a controlled substance on City premises, or while conducting City
business is absolutely prohibited. Being under the influence of any
illegal drug, or being impaired by the use of alcohol on City premises, or
while conducting City business is prohibited. The use of illegal drugs
off -duty is inconsistent with law abiding behavior expected of all
employees. Violations of this policy may result in disciplinary action,
including termination, and may have other legal consequences.
33
See also Chapter 11, § 1 /Grounds for Disciplinary Action.
d. The City of Huntsville provides medical insurance benefits which may
assist an employee in a drug or alcohol abuse program. Additionally, the
Human Resources Division will assist, upon request of the employee, in
obtaining care.
e. Any employee may request information on drug and alcohol abuse education
and training from the Human Resources Division. The Human Resources
Division will provide assistance.
f. The City may require pre- employment chemical screens on final applicants
for employment.
A supervisor may request an employee to submit to a drug and /or alcohol
test if the supervisor has reasonable suspicion that the employee is under
the influence of drugs or alcohol so that the employee's ability to
perform the functions of the job is impaired or the employee's ability to
perform the job safely is reduced.
h. A supervisor may request an employee to submit to a drug and /or alcohol
test if the employee is involved in a work - related accident causing
property damage or personal injury.
The City Manager. shall establish reasonable procedures for the
administration of drug /alcohol /chemical tests to ensure that the
examination and its results are not unreasonably intrusive upon the
individuals.
An employee shall notify the City of drug related violations occurring in
the workplace no later than five (5) days after conviction.
lee Texas Worker's Compensation Act; Tex. Rev. Civ. Stat. art. 8308 -7.10; 28
T.A.C. § 169.1.
Section 15. Complaints Regarding Employee Conduct,.
Reserved.
See also Tex. Rev. Civ. Stat. art. 6252 -20.
34
CHAPTER 11
DISCIPLINE APPEALS
Section 1. Grounds for Disciplinary Action.
Disciplinary action may be taken against an employee for just cause. Just cause
shall be related to the job involved and shall include but not be limited to
illegal, unethical, abusive, or unsafe acts; violation of City rules,
regulations, policies, or procedures; insubordination; inefficiency; poor work
performance; neglect or abandonment of duties; failure to report overtime worked;
working overtime not authorized; participation in prohibited political activity
or solicitation; abuse of illness, injury, disability, or other benefits;
tardiness or absence without leave; falsification of official documents or
records; using or being under the influence of drugs or intoxicating beverages
while on duty; waste, damage, or unauthorized use of City property or supplies;
unauthorized use or disclosure of official information; and unauthorized or
improper use of official authority; violation of the provisions of the City
Charter; discourtesy to the public or to fellow employees; or for refusal or
neglect to pay just debts. Nothing herein shall, however, limit the authority
of City Council to remove officers appointed by Council.
Section 2. Tunes of Disciplinary Action.
Formal disciplinary action taken shall be consistent with the nature of the
deficiency or infraction involved and the record of the employee. Formal
disciplinary action shall include written reprimand, disciplinary probation,
suspension, reduction in pay, demotion, and dismissal. Any of the foregoing
types of formal disciplinary action may be invoked for a particular deficiency
or infraction, depending upon the exact circumstances. An employee may be
formally warned at any time that he or she may be dismissed or otherwise
disciplined for further unsatisfactory performance and /or conduct.
Section 3. Written Reprimand.
In the interest of good discipline, an employee may be reprimanded in writing.
The written reprimand shall describe the deficiency or infraction involved and
shall state the likely consequences for further unsatisfactory performance and /or
conduct.
Section 4. Disciplinary Probation.
In the interest of good discipline, an employee may be placed on disciplinary
probation for up to one (1) year. A written notice of the disciplinary probation
that describes the deficiency or infraction involved and that states the likely
consequence of further unsatisfactory performance and /or conduct must be given
to the employee. The disciplinary probation shall be permanently noted in the
employee's official personnel file.
35
Section 5. Suspension.
In the interest of good discipline, an employee may be suspended without pay for
up to 30 calendar days in one (1) calendar year. A written notice of suspension
which describes the deficiency or infraction involved and which states the likely
consequence of further unsatisfactory performance and /or conduct must be given
to the employee. The suspension shall be permanently noted in the employee's
official personnel file.
Section 6. Reduction in Pay.
In the interest of good discipline, an employee's pay may be reduced within
range. A written notice of reduction must be given to the employee which
describes the deficiency or infraction involved and which states the likely
consequences of further unsatisfactory performance and /or conduct. The reduction
shall be permanently noted in the employee's official personnel file, but the
employee shall not be disqualified from consideration for later pay increases.
Section 7. Demotion.
In the interest of good discipline, an employee maybe demoted. A written notice
of demotion must be given to the employee which describes the deficiency or
infraction involved and which states the likely consequences of further
unsatisfactory performance and /or conduct. The demotion shall be permanently
noted in the employee's official personnel file, but the employee shall not be
disqualified from consideration for later advancement.
Section 8. Dismissal.
In the interest of good discipline, an employee may be dismissed from the City
service. A written notice of dismissal must be given to the employee which
describes the deficiency or infraction involved.
Section 9. Pre - Deprivation Hearings.
a. Prior to taking any disciplinary action under Section 5, 6, 7, or 8 above,
a written notice of the proposed disciplinary action describing the
employee's alleged deficiency or infraction shall be given to the employee
subject to the disciplinary action. If the employee is absent without
leave, notice of disciplinary action shall be mailed to the employee at
his last known address by certified mail, return receipt requested. The
notice shall establish the time for a pre - disciplinary hearing.
See Chapter 9, § 7 /Absence without Leave [Lost Time].
b. On the second working day following notice of the proposed disciplinary
action, the employee's Director shall conduct a pre- deprivation hearing.
At the pre- deprivation hearing, the Director shall review the written
charges and explain the evidence related to them. At that hearing, the
employee against whom the disciplinary action is proposed shall be
entitled to present an oral and written response.
36
c. An employee may not be suspended, demoted or terminated until the
completion of the pre- deprivation hearing. If the Director perceives a
significant hazard in keeping the employee on the job, the Director may
suspend the employee with pay pending the pre- deprivation hearing.
d. Upon completion of the pre- deprivation hearing, the Director may withdraw,
amend, or issue the notice of disciplinary action.
Section 10. Appeal of Disciplinary Action to City Manager.
a. Formal disciplinary action taken under this Chapter may be appealed in
writing directly to the City Manager within five (5) working days
following notice of the action.
b. The action may be stayed pending decision on the appeal, or may take
effect at any time after issuance of the notice as determined by the City
Manager.
c. Upon request, an employee against whom disciplinary action is taken shall
be entitled to present a written response to said action and to appear
personally before the City Manager, with or without counsel. All parties
shall have the opportunity to present and cross examine witnesses who
appear. The City Manager, following careful investigation, shall have
board authority to approve, disapprove, modify, increase, or rescind any
disciplinary actions taken or proposed. The City Manager shall render a
final written decision within ten (10) working days of the close of the
hearing.
Section 11. Appeal of Certain Disciplinary Action to City Council.
a. An employee who, after appeal to the City Manager, is terminated or is
suspended without pay for five (5) working days or more, may file a
written petition with the City Secretary requesting a hearing on such
personnel action within ten (10) days after the City Manager's decision.
b. The petition shall contain the employee's signature, his home address, and
a statement indicating whether he wants a public or private hearing.
c. If timely filed, the Council shall hold a hearing not less than six (6)
days or more than 20 days from such petition.
d. Notice of-the hearing date shall be given to the employee either by
personal service or by certified mail, return receipt requested, through
the City Secretary at least five (5) days prior to hearing date.
e. All hearings shall be held at the City Hall of the City of Huntsville.
f. City Council shall render a written decision within ten (10) days of the
close of the hearing.
See City Charter § 4.13; City of Huntsville Code § 2 -2.
37
CHAPTER 12
NONDISCIPLINARY SEPARATION
Section 1. Resignation.
An employee may leave City employment in good standing by submitting his or her
resignation in the prescribed manner at least ten (10) working days in advance.
Upon approval of the City Manager, any portion of the notice period may be
waived.
Section 2. Lavoffs /Reorganizations.
An employee may be laid off, transferred to another position, or demoted because
of changes in duties or organization or for lack of work or funds. Whenever
possible, an employee shall be transferred to a suitable position elsewhere.
Whenever possible, at least two (2) weeks notice shall be given an employee prior
to layoff or demotion.
Layoffs or reorganizations shall be carried out on the basis of demonstrated job
perforsance and efficiency, with the most proficient employees being retained the
longest. Seniority within City service shall be used to determine the order of
layoff or reorganization among employees with substantially equivalent records
of job performance and efficiency, with the most senior employees being retained
the longest. Temporary employees shall be laid off before regular employees
performing similar duties. Layoffs, transfers, or demotions resulting from
reorganizations shall not be considered disciplinary actions.
See also Worker Adjustment and Retraining Act, 29 U.S.C. § 2101.
Section 3. Incapacity.
a. An employee may be separated for incapacity or medical reasons when the
employee as an individual no longer meets the standards of fitness
required for the position. A finding of incapacity shall be made through
individual medical determination by competent authority as prescribed by
the Human Resources Division.
See also Chapter 10, § 5 /Physical Fitness.
Separation for incapacity shall not be considered disciplinary action and
shall not operate to deny an employee the use of any accrued illness,
injury, disability, or other benefits.
c. The City will provide COBRA benefits and pay disability insurance premium
for six (6) months; provided, however, that the City will discontinue such
benefits if the employee is hired by another person, the employee
establishes meaningful employment, or the employee receives a disability
payment.
See Chapter 4, § 6 /Medical Examinations and Chapter 10, § 5 /Physical
Fitness.
38
d. After six (6) months of continuous employment, all full -time regular
employees will be covered by the disability policy for both on and off the
job disabilities. The long term disability benefit will be 66 2/3% of the
employees basic monthly salary rate, reduced by certain other employee
income and not exceeding $1,500 per month. Long term disability begins
after a waiting period of 90 consecutive days.
e. An individual on disability will not accrue additional holiday, vacation
or personal leave benefits.
Section 4. Retirement.
a. Eligible employees may be separated by retirement in accordance with
applicable programs. Permanent employees shall be retired from employment
on the last day of the calendar year in which their 70th birthday occurs.
An employee's retirement may be deferred by his or her consent and with
the approval of the City Manager and the City Council provided the
employee is able to pass an appropriate physical examination. Retirement
deferments shall be granted on a year to year basis. An employee may
retire with the same medical insurance benefits as a regular employee
based on a combined 80 years of service and age provided, however, that
such medical insurance benefits are not available until the employee is at
least 50 years old; and provided, further, that any employee may retire at
age 65 or older with ten years of continuous service.
See also 42 U.S.C. § 300 bb -1.
b. The City provides additional retirement benefits through the Texas
Municipal Retirement System. All regular employees working 1,000 hours or
more per year are eligible to enroll. Each employee is required to
deposit 6% of their salary to the retirement fund. The City makes a
contribution equal to 9% of the employee's salary; however, the employee
vests to the City money only after ten (10) years service. Additional
information regarding T.M.R.S. is available through the Human Resources
Division. Eligible employees may retire with 25 years of service at any
age or at age 55 with at least ten years of service.
c. The City does not participate in social security (the Federal Insurance
Contribution Act). Employees hired by the City after April 1, 1986,
however, are required to participate in medicare; and employees not
eligible "to participate in the Texas Municipal Retirement System shall
elect to contribute 7.5% or more of their compensation to the City's
Section 457 deferred compensation program.
See also Tex. Gov't Code title 8 (Texas Municipal Retirement System).
39
CHAPTER 13
REINSTATEMENT
Section 1. Following Layoff.
A person who was laid off, including a former temporary employee separated upon
completion of duties, may be routinely recalled to work at any time provided the
person remains qualified to perform the duties of the position.
Section 2. Followings Separation for Incapacity.
A person who was separated for incapacity may be reinstated in his or her former
type of position, if available, within one (1) year following separation,
provided the reason for the incapacity has been removed to the satisfaction of
the City, the person remains otherwise qualified to perform the duties of the
position, and rehire would be in the interest of the City.
Section 3. Veterans.
Employees who left City employment in good standing to enter duty with the armed
forces of the United States shall be eligible for reinstatement in accordance
with applicable state and federal laws.
40
CHAPTER 14
GRIEVANCE PROCEDURES
Section 1. Notice to Supervisor.
Employees shall be encouraged to informally take any job - related complaints or
problems to their immediate supervisors. Following information discussions an
employee remaining dissatisfied with a working condition, or some other aspect
of employment not subject to the disciplinary appeal procedure (Chapter 11), may
submit a written grievance to his or her immediate supervisor within 15 calendar
days after the cause of the grievance arises or becomes known to the employee.
Section 2. Response by Supervisor.
It shall be the responsibility of the .immediate supervisor to study the grievance
and attempt to resolve it within ten (10) calendar days. Further discussion with
the grievant shall be encouraged. If the grievance cannot satisfactorily be
resolved within ten (10) calendar days, the immediate supervisor shall refer it
with comments and /or recommendations to the next higher level of supervision.
The Department Director will be the last person in the department to.whom an
unresolved issue will be taken.
Section 3. Appeal to Citv Manager.
If the matter is still unresolved, the City Manager shall make further
investigation as he may deem necessary, following which he shall render a written
decision. The City Manager's decision shall be final and binding on all parties
on all matters except those that Council has jurisdiction over.
See City Charter § 4.13; City of Huntsville Code § 2 -2.
41
CHAPTER 15
PERSONNEL FILES AND REPORTS
Section 1. Personnel Files.
The Human Resources Division shall maintain the official personnel files for all
City employees. Unless otherwise provided by law, personnel files and
information shall be confidential and may not be used or divulged for purposes
unconnected with the City personnel management system except with the permission
of the employees involved. Nothing herein shall prevent the dissemination of
impersonal statistical information. An employee shall have a right of reasonable
inspection of his or her official personnel file. The employee's file shall
include, but not be limited to, application, medical reports, personnel forms,
memos, and letters pertaining to the employee and evaluation reports.
See also Tex. Rev. Civ. Stat. art. 6252 -17a.
Section 2. Status Change.
Department Heads shall report changes in personnel status of their employees in
accordance with procedures developed by the Human Resources Division.
Section 3. Personnel Reports.
The Human Resources Division shall prepare such rosters, narrative reports,
statistical summaries, and other reports as are necessary or desirable to provide
useful information to the management.
Section 4. Final Pay: Termination Interview.
Prior to receiving the final paycheck, an employee shall:
a. return all tools, uniforms, and other City property issued to the employee
in the course of employment; and
b. visit with an employee of the Human Resources Division regarding COBRA
benefits and other exit matters.
leg Tex. Rev. Civ. Stat. art. 5155 (public employees are not however subject to
the Texas Pay Day Law).
42
CHAPTER 16
HUNTSVILLE POLICE DEPARTMENT PROMOTIONAL POLICIES
Section 1. Purpose.
The purpose of this procedure is to implement a fair promotional procedure for
the Huntsville Police Division.
Section 2. Procedure for Promotion to Police Lieutenant.
a. Minimum Requirements - Must currently be employed at the rank of Sergeant
with the Huntsville Police Department; or have three (3) years of
supervisory experience and an advanced certificate from the Texas
Commission on Law Enforcement Officers Standards and Education.
b. Examination Process - The examination process shall consist of a written
test and an Assessment Center, approved by the City Manager.
1. Written Test
a) The Test Administrator shall initiate the following steps for
the written exam:
1) assign each applicant a confidential control number; and
2) administer the written exam to each applicant using the
confidential control number.
b) The written test for the position of Police Lieutenant shall
consist of multiple choice, fill -in the blank, and true -false
questions constructed to test general knowledge of information
appropriate for successful performance at the management level
in the Huntsville Police Department.
2. Assessment Center
a) The Assessment Center shall be approved by the City Manager
and shall be conducted by an Assessment Center Board. The
Board will consist of three (3) citizens designated by the
Mayor and confirmed by the City Council. One (1) member shall
be appointed for a term of three (3) years, one (1) for a term
of two (2) years, and one (1), and one (1) for a term of one
(1) year. Thereafter, each citizen shall be appointed for a
three (3) year term or until his successor is duly appointed.
b) The Board shall initiate the following steps for Assessment
Center:
1) constructing controlled exercises; and
2) notifying applicants of the Center agenda.
43
c) The Assessment Center shall consist of:
1) pre - established controlled exercises with specific
dimensions and instructions allowing assessors to
evaluate applicant's responses; and
2) final rankings shall be calculated by averaging the
scores assigned by each Assessor for each individual
applicant.
c. Ranking Process - The Board will determine the final cumulative scores of
participants by the following formula:
1. Performance in Assessment Center
2. Performance on written test
3. Education and experience bonus points
Variable to maximum; awarded as follows:
a) Education
30 college semester hours
60 college semester hours
90 college semester hours
120 college semester hours
Baccalaureate Degree
b) Experience as a sworn police officer
One (1) Year
Two (2) Years
Three (3) Years
Four (4) Years
Five (5) Years
Six (6) Years
Seven (7) Years
Eight (8) Years
Nine (9) Years,
Ten Years or more (10 +)
60 Points
40 Points
10 Points
1 Point
2 Points
3 Points
4 Points
5 Points
.5 Points
1.0 Points
1.5 Points
2.0 Points
2.5 Points
3.0 Points
3.5 Points
4.0 Points
4.5 Points
5.0 Points
d. Final Selection - The Chief of Police will make the final selection from
the top three (3) candidates after consultation with the Test
Administrator and Assessment Center Board members.
44
PERSONNEL RULES - APPENDIX A
Charter Officers - City Manager
At -will Employee
The City Manager is an at will employee of the Council and
nothing herein shall prevent, limit or otherwise interfere with the right
of the City Council to terminate the employment of the City Manager at
anytime.
Salary
The City agrees to pay the City Manager an annual base salary.
Outside Employment
The City Manager shall devote full business time and best efforts to the
City and remain in the exclusive employment of the City.
Working Hours
City Manager regular hours of work will be 8:00 a.m. to 5:00 p.m., five
(5) days per week, excepting vacation and holiday time. Reasonable time
off shall be permitted the City Manager, within the general guidelines
approved for other exempt employees, so long as such time off does not
interfere with the normal conduct of the office of City Manager and is
approved by the Mayor.
Other Compensation
In addition to an annual salary, the City Manager shall be entitled to
those benefits provided other open- salaried employees of the City such as
vacation leave, holiday leave, health insurance, life insurance,
retirement system contribution, sick leave, short -term and long -term
disability coverage. The City Manager shall not be entitled to longevity
pay, overtime pay, or license pay.
Other Personnel Rules
Except as otherwise specifically provided, the general provisions of the
personnel policies including those provisions related to discipline and
appeals are not applicable to the City Manager. Moreover, the City
Manager is expected to maintain a level of conduct as high or higher than
that established by the personnel policies.
45
Financial Disclosure
The City Manager shall report to the Mayor and council any ownership
interest in real property in the City and any financial interest in any
firm doing work or proposing to do work for the City. Such reporting
shall be made in writing within ten (10) days upon acquisition of the real
property and immediately upon notice of work or intended work for the
City.
Residency
The City Manager shall establish with six (6) months of employment his /her
principal place of residency within the corporate limits of the City and
shall maintain such residency at all times during employment by the City.
PERSONNEL RULES - APPENDIX B
Charter Officers - City Attorney
At -will Employee
The City Attorney is an at will employee of the Council and nothing herein
shall prevent, limit or otherwise interfere with the right of the City
Council to terminate the employment of the City Attorney at anytime.
Salary
The City agrees to pay the City Attorney an annual base salary.
Outside Employment
The City Attorney shall not engage in outside employment, including self -
employment, where such employment would constitute a conflict of interest
or adversely affect the attorney's employment with the City.
Working Hours
City Attorney regular hours of work will be 8:00 a.m. to 5:00 p.m., five
(5) days per week, excepting vacation and holiday time. Reasonable time
off shall be permitted the City Attorney, within the general guidelines
approved for other exempt employees, so long as such time off does not
interfere with the normal conduct of the office of City Attorney and is
approved by the City Manager.
46
Other Compensation
In addition to an annual salary, the City Attorney shall be entitled to
those benefits provided other open - salaried employees of the City such as
vacation leave, holiday leave, health insurance, life insurance,
retirement system contribution, sick leave, short -term and long -term
disability coverage. The City Attorney shall not be entitled to longevity
pay, overtime pay, or license pay.
Other Personnel Rules
Except as otherwise specifically provided, the general provisions of the
personnel policies including those provisions related to discipline and
appeals are not applicable to the City Attorney. Moreover, the City
Attorney is expected to maintain a level of conduct as high or higher than
that established by the personnel policies.
inancial Disclosure
The City Attorney shall report to the City Manager any ownership interest
in real property in the City and any financial interest in any firm doing
work or proposing to do work for the City. Such reporting shall be made
in writing within ten (10) days upon acquisition of the real property and
immediately upon notice of work or intended work for the City.
Residencv
The City Attorney shall establish with six (6) months of employment
his/her principal place of residency within the corporate limits of the
City and shall maintain such residency at all times during employment by
the City.
PERSONNEL RULES - APPENDIX C
Charter Officers - City Secretary
At -will Employee
The City Secretary is an at will employee of the Council and nothing
herein shall prevent, limit or otherwise interfere with the right of the
City Council to terminate the employment of the City Secretary at anytime.
Salary
The City agrees to pay the City Secretary an annual base salary.
47
Outside Employment
The City Secretary shall devote full business time and best efforts to the
City and remain in the exclusive employment of the City.
Working Hours
City Secretary regular hours of work will be 8:00 a.m. to 5:00 p.m., five
(5) days per week, excepting vacation and holiday time. Reasonable time
off shall be permitted the City Secretary, within the general guidelines
approved for other exempt employees, so long as such time off does not
interfere with the normal conduct of the office of City Secretary and is
approved by the City Manager.
Other Compensation
In addition to an annual salary, the City Secretary shall be entitled to
those benefits provided other open - salaried employees of the City such as
vacation leave, holiday leave, health insurance, life insurance,
retirement system contribution, sick leave, short -term and long -term
disability coverage. The City Secretary shall not be entitled to
longevity pay, overtime pay, or license pay.
Other Personnel Rules
Except as otherwise specifically provided, the general provisions of the
personnel policies including those provisions related to discipline and
appeals are not applicable to the City Secretary. Moreover, the City
Secretary is expected to maintain a level of conduct as high or higher
than that established by the personnel policies.
Financial Disclosure
The City Secretary shall report to the City Manager any ownership interest
in real property in the City and any financial interest in any firm doing
work or proposing to do work for the City. Such reporting shall be made
in writing within ten (10) days upon acquisition of the real property and
immediately .upon notice of work or intended work for the City.
Residency
The City Secretary shall establish with six (6) months of employment
his /her principal place of residency within the corporate limits of the
City and shall maintain such residency at all times during employment by
the City.
48
AMENDMENTS
DATE AMENDED
RESOLUTION NUMBER
3 -17 -81 81 -04
3 -09 -82 82 -03
4 -13 -82 82 -08
5 -04 -82
5 -18 -82 82 -13
11 -16 -82 82 -17
1 -11 -83 83 -04
6 -21 -83 83 -08
1 -29 -85 85 -03
7 -16 -85 85 -15
8 -06 -85 85 -16
9 -17 -85 85 -18
5 -06 -86 86 -07
7 -29 -86 86 -10
6 -07 -88
7 -23 -91
49
ORDINANCE NUMBER
88 -09
91 -14