ORD 1988-09 - Personnel Policy Adds Citizenship Status Requirement 06-07-1988ORDINANCE NO. 88- 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING THE PERSONNEL RULES OF THE CITY OF HUNTSVILLE; PROHIBITING
DISCRIMINATION ON ACCOUNT OF CITIZENSHIP STATUS; REQUIRING
DOCUMENTATION FOR EMPLOYMENT; RESTATING THE APPLICABILITY OF THESE
RULES IN CERTAIN SITUATIONS; SPECIFYING A PROCEDURE FOR TRANSFERS
AND PROMOTIONS; MODIFYING RULES RELATED TO DISMISSAL OF
PROBATIONARY EMPLOYEES; MODIFYING THE SCHEDULE OF EMPLOYEES EXEMPT
FOR OVERTIME; LIMITING OVERTIME AND COMPENSATORY TIME IN CERTAIN
SITUATIONS; CLARIFYING HOLIDAY LEAVE; PERMITTING USE OF SICK LEAVE
FOR CERTAIN EMERGENCIES; PROVIDING RULES FOR EXTENSION OF INSURANCE
COVERAGE TO CERTAIN EMPLOYEES AND DEPENDENTS; ALTERING EMERGENCY
LEAVE PROVISIONS; PROVIDING CERTAIN INJURY BENEFITS FOR VOLUNTEER
FIREMEN; RATIFYING THESE PERSONNEL POLICIES AS AMENDED; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Section 2 of Chapter 1 of the Personnel Rules of the City of
Huntsville, Texas, is amended to read:
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, national origin, citizenship status, marital
status, or other nonmerit factors is prohibited. Discrimination on
the basis of age or sex or physical disability 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).
Section 2: Section 3 of Chapter 1 of the Personnel Rules of the City of
Huntsville, Texas, is amended to read:
Section 3: Applicability
These rules apply to all City employees except where inconsistent
with State 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.
Section 3: Chapter 1 of the Personnel Rules of the City of Huntsville, Texas,
is hereby amended by the adoption of a new Section 7 that shall read as
follows:
Section 7: Definitions
Unless otherwise specifically provided, "day" shall mean eight
hours.
Unless otherwise specifically provided, "time actually worked" or
"actual work" shall mean the time the employee is actually on duty,
on vacation leave, on compensatory time, or on a Council declared
holiday, but shall not include time the employee is on sick leave,
emergency leave or authorized leave without pay.
Section 4: Section 2 of Chapter 2 of the Personnel Rules of the City of
Huntsville, Texas is amended to read:
The Personnel 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 City's Affirmative Action Plan (1977)
Section 5: Section 4 of Chapter 4 of the Personnel Rules of the City of
Huntsville, Texas, is amended to read:
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 predeprivation 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.
Section 6: Chart 7.3, Exempt Employees, is amended to read:
Salaried Employees
Assistant to Director of Engineering Design
Associate Judge
Chief Building Official
Fire Chief
Librarian
Planner 11
Programmer 11
Project Coordinator
Superintendent 1
Superintendent 11
Supervisor V
Tax Assessor/Collector
Open-Salaried Employees
City Attorney
City Manager
City Secretary
Director of Community Development
Director of Engineering Design
Director of Finance
Director of Planning
Director of Public Safety
Director of Public Utilities
Director of Public Works
Municipal Court Judge
Section 7: Section 10 of Chapter 2 of the Personnel Rules of the City of
Huntsville, Texas, is amended to read:
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 8: Chapter 3 of the Personnel Rules of the City of Huntsville, Texas,
is hereby amended by the addition of a new Section 7 that shall
read as follows:
Section 7: Verification of Identity and Work Authorization
The Personnel 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.
See also Immigration Reform & Control Act 1986.
Section 9: Section 3 of Chapter 7 of the Personnel Rules of the City of
Huntsville, Texas, is amended to read:
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 forty 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. Certain Administrative Employees
Exempt employees (executive, administrative, supervisory, and
professional status employees) who are not in open salaried
positions shall, at the Department Director's discretion, be
compensated for overtime by pay at the employee's regular hourly
pay rate; provided, however, overtime shall not be paid unless the
person actually works for more than forty (40) hours in one week.
(See Chart 7.3, Exempt Employees.)
c. Open Salaried Employees
Exempt employees who are in open salaried positions do not receive
any compensation for overtime. The are expected to work as many
hours as necessary to complete their work. (See Chart 7.3, Exempt
Employees.)
Section 10: Section 4 of Chapter 7 of the Personnel Rules of the City of
Huntsville, Texas, is amended to read:
Section 4: Compensatory Time
a. Regular Employees
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 forty hours in one week.
b. Certain Administrative Employees
Exempt employees 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. All compensatory time
will be accrued at a rate of straight time; provided, however,
compensatory time cannot be accrued unless the person actually
works more than forty (40) hours in one week.
c. Open Salaried Employees
Exempt employees who are in open salaried positions may not accrue
compensatory time.
d. Limitation on Compensatory Time
The maximum amount of compensatory time that an employee may accrue
and accumulate is forty (40) hours. If an employee has accrued a
balance of forty (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 years employment or the employee's final
regular pay rate, whichever is higher.
Section 11: Section 5 of Chapter 7 of the Personnel Rules of the City of
Huntsville, Texas, is amended to read:
Section 5: Insurance and Retirement
E l i g i b l e employees who work more than thirty (30) hours a 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.
Dependents covered by the City's medical plan are entitled to
continue medical coverage for up to 36 months if they are:
(1) the surviving spouse and /or children of a deceased employee;
(2) a separated or divorced spouse and /or children of a covered
employee; or
(3) 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:
(1) reduction of hours worked or layoff;
(2) resignation; or
(3) termination due to conduct other than gross misconduct.
Individuals eligible for continuation of coverage must elect to
continue coverage within sixty 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:
(1) the City terminates its health plan for all employees;
(2) the person fails to pay the monthly premium; or
(3) the person becomes covered by another health plan or
medicare.
Section 12: Section 1 of the Chapter 8 of the Personnel Rules of the City of
Huntsville, Texas, is hereby amended to read:
Section 1: Holidays
New Year's Day, Good Friday, Memorial Day, Independence Day, Labor
Day, Thanksgiving (last Thursday and Friday in November), Christmas
(December 25th 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 this section.
a. As many employees as possible shall be given each holiday off
consistent with the maintenance of essential City functions.
b. 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 exempt salaried employee who works on an official holiday
as directed shall be paid for the time worked at his regular
hourly pay rate and shall either be paid at their regular
hourly pay rate for the hours actual worked or with
permission of the Department Director, accrue a day of
holiday leave.
e. An open salaried exempt employee who works on an official
holiday gets nothing.
g.
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.
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.
h. 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.
i. No employee may accrue more than four (4) days of holiday
leave except for extenuating circumstances approved in
writing by the City Manager.
J
For purposes of scheduling a holiday, a holiday shall have an
hour value equal to the employee's regularly scheduled shift
or workday.
k. No person shall be entitled to additional holiday
compensation at more than their regular hourly pay rate for
more than 10 hours worked on any holiday unless approved by
the City Manager.
Section 13: Section 3 of Chapter 8 of the Personnel Rules of the City of
Huntsville, Texas, is amended to read:
Section 3: Sick 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 twelve (12) days of sick
leave per year at the rate of one day per month, provided,
however, that an employee cannot use sick leave until he has
six months continuous service 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 hour
of work because of personal illness, injury, legal
quarantine, or routine health care appointments which cannot
reasonably be scheduled outside of working hours.
e. The City Manager or Department Head may request and obtain
verification of the circumstances surrounding any use of sick
leave.
f. 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 illness or injury be charged
to sick leave.
h. Employees with five 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 400 hours
Over 480 hours but less
than 1200 hours
Over 1200 hours
Amount Paid at Termination
0%
25%
50%
j. Department heads, after ascertaining the exact circumstances,
may permit a regular employee to use sick leave in the event
of 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 sick leave days per calendar year in the
event of a death, serious injury, or serious illness within
the employee's immediate family.
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.
Section 14: Section 5 of Chapter 8 of the Personnel Rules of the City of
Huntsville, Texas is hereby deleted.
Section 15: Section 10 of Chapter 8 of the Personnel Rules of the City of
Huntsville, Texas, is hereby amended by the addition of a new
paragraph that shall read:
A part-time (volunteer) firefighter may receive worker's
compensation and injury leave benefits pursuant to the following
rules:
a. The firefighter may receive applicable worker's compensation
benefits.
b. The firefighter may receive applicable state disability
and/or pension benefits.
c. The firefighter may receive for up to six (6) months a
payment of $100 per month for fire calls missed due to the
Section 16: The personnel policies of the City of Huntsville, Texas, as
amended are ratified.
Section 17: This ordinance shall take effect from and after
~» 1988.
CITY OF INTSVILLE
By
-
ane nday, Mayor
y of
ATTEST:
h DeShaw, C y Secretary
AS TO FORM:
Scott Bounds* City Attorney
This document typed by: B. LeNorman