RESO 1985-15 - Amend Personnel PolicyRESOLUTION NO. 85 -15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING CHAPTER 10, SECTIONS 8, 9 AND 10, OF THE
PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE, TEXAS, TO AMEND
THE RULES FOR PRE- DEPRIVATION HEARINGS; AND MAKING OTHER
PROVISIONS RELATED THERETO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 10, Section 8, of the Personnel Policies of the City of
Huntsville, Texas, is hereby amended as follows:
Section 8. Pre - deprivation Hearings
a. Prior to taking any disciplinary action under Sections 4 52_ 6 or
7 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 8,_ Section 8. Absence without Leave (Lost Time))
b. On the second working day following notice of the proposed
disciplinary action, the employee's supervisor shall conduct a
pre- deprivation hearing. At the pre- deprivation hearing, the
supervisor 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.
c. An employee may not be suspended, demoted or terminated until the
completion of the pre- deprivation hearing. If the supervisor
perceives a significant hazard in keeping the employee on the
job, the supervisor may suspend the employee with pay pending the
pre- deprivation hearing.
d. Upon completion of the pre- deprivation hearing, the Supervisor
may withdraw, amend, or issue the notice of disciplinary action.
Section 2: Chapter 10, Section 9, of the City of Huntsville Personnel
Policies is hereby amended as follows:
Section 9. 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
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. if aR ersp4eyee aga4Rst where
d4se4p44nawy aetien 4s taken a44eges that the eases Oven few
sueh aet4en are fa4se; then sueh aet4eR she44 be stayed pending
appea4T
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 broad
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) days of the
close of the hearing.
Section 3: Chapter 10 of the City of Huntsville Personnel Policies is
hereby amended by the addition of a new Section 10 that shall read as
follows:
Section 10. 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 fifteen (15) 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) or more than twenty (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.
(Cross- reference City of Huntsville Charter Section 4.13; Ordinance
No. 80 -5, Codifying City of Huntsville Code of Ordinances Section 2 -2
et seq.)
Section 4: This resolution shall take effect immediately upon its passage
by City Council.
PASSED AND APPROVED this the day of
ATTEST:
.010r/
uth DeShaw, City Secre ary
APPROVED AS TO FORM:
Scott Bounds, City Attorney
1985.
THE CITY OF HUNTSVILLE, TEXAS
By
Jan
. Auf
A onday, Mayor
41&•./.11,4•0;