ORD 1996-24 - Amend Personnel Rules 12-17-1996ORDINANCE NO. 96-24
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 17th day of December, 1996.
CITY OF HUNTSVILLE
�"J' - �U--)
illiam B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
AP OVED S TO FORM:
Scott Bounds, City Attorney
CITY OF HUNTSVILLE
PERSONNEL RULES
TABLE OF CONTENTS
CHAPTER 1
CHAPTER 2
DEFINITIONS 4
CHAPTER 3
VACANCIES
SECTION
PAGE
INTRODUCTION
Announcement of Vacancies
2 7
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 7
Announcement of Vacancies
2 7
Promotion Policy
3 7
Emergency Temporary Appointments
4 7
Temporary Promotions
5 8
Transfers
6 8
Nondisciplinary Demotions
7 8
Applications
8 8
Evaluation of Applicants
9 9
Disqualification
10 9
Referral and Selection
11 9
CHAPTER 4
APPOINTMENTS, TRANSFERS, PROMOTIONS
Authority
1
Basis
2
Type
3
Nepotism, Fraternization, and Romantic
Relationships between Employees
4
Residence
5
Employee Nepotism Charts
Medical Examinations
6
Verification of Identity and Work
Authorization
7
Minimum Age; Minors
8
Lie Detector Tests; Polygraphs
9
Orientation; Bonds; Bribery Statements;
Oaths of Office
10
Training Reimbursement Agreements
11
CHAPTER 5
NONDISCIPLINARY PROBATION
Probationary Period 1
Purpose 2
Failure of Probation 3
Appeal of Failure of Probation 4
CHAPTER 6
PERFORMANCE EVALUATION
Performance Evaluation Report 1
Purpose 2
Counseling 3
CHAPTER 7
CLASSIFICATION
Plan Preparation and Maintenance 1
Effect of Reclassification 2
Official Titles 3
Job Descriptions 4
Review of Salary Ranges 5
10
10
10
10
11
11
12
12
12
13
13
14
15
15
15
16
17
17
17
18
18
18
18
18
CHAPTER 8
COMPENSATION
Basis
1
Administration of Range /Step
2
Salary Schedules
2
Overtime
3
Work Schedule; Flex -Time
4
Compensatory Time
5
Time Records
6
Health and Accident Benefits; COBRA; Retirement
7
Educational Incentive Pay
8
Longevity
9
Social Security; Medicare; Retirement Program Required
10
Deferred Compensation
11
Garnishment
12
Cafeteria Plan
13
Pay Days; Termination Pay
14
Business /Travel Expense Reimbursement
15
Disease Benefit
16
Legal Representation
17
Unemployment Insurance
18
Leave Time
19
Exempt Employees Chart
CHAPTER 9
ABSENCE
Holidays
1
Vacation Leave (Annual Leave)
2
Sick Leave (Personal Leave)
3
Unpaid Family and Medical Leave
4
Military Leave
5
Administrative Absence with Pay
6
Authorized Leave without Pay (Excused Absence)
7
Absence without Leave (Lost Time or
Unexcused Absence)
8
Worker's Compensation; Injury Leave
with Pay
9
Light Duty (Alternate Work)
10
W
19
20
21
21
22
22
22
23
23
23
23
24
24
24
24
25
25
25
25
26
27
28
30
31
31
31
32
32
34
CHAPTER 10
CONDUCT
Attendance
1
35
Work Standards
2
35
Political Activity
3
35
Solicitation; Acceptance of Gift
4
35
Physical Fitness; Persons with Disabilities
5
36
Personal Appearance
6
36
Financial Obligations; Garnishment
7
36
Driving and Operating City Vehicles
8
36
Retaliation Prohibited
9
37
Use of Telephone
10
37
Incident Reports
11
37
Outside Employment
12
38
Harassment
13
38
Employee Drug Abuse Policy
14
39
Special Rules Regarding use of Commercial Motor
Vehicles
15
40
City Employees Prohibited from Carrying
Weapons on City Property; Exceptions
16
44
CHAPTER 11
DISCIPLINE APPEALS
Grounds for Disciplinary Action
1
46
Types of Disciplinary Action
2
46
Written Reprimand
3
46
Disciplinary Probation
4
46
Suspension
5
47
Reduction in Pay
6
47
Demotion
7
47
Dismissal
8
47
Pre - Deprivation Hearings
9
47
Appeal of Disciplinary Action
to City Manager
10
48
Appeal of Certain Disciplinary Action
to City Council
11
48
CHAPTER 12
NONDISCIPLINARY SEPARATION
Resignation 1
Layoffs /Reorganizations 2
Incapacity 3
Retirement 4
CHAPTER 13
REINSTATEMENT
Following Layoff 1
Following Separation for Incapacity 2
Veterans 3
CHAPTER 14
GRIEVANCE PROCEDURES
Notice to Supervisor 1
Response by Supervisor 2
Appeal to City Manager 3
CHAPTER 15
PERSONNEL FILES AND REPORTS
Personnel Files 1
Status Change 2
Personnel Reports 3
Final Pay; Separation Interview 4
CHAPTER 16
HUNTSVILLE POLICE DEPARTMENT
PROMOTIONAL POLICIES
Purpose 1
Procedure for Promotion to
Police Lieutenant 2
APPENDIX
APPENDIX A - Charter Officer - City Manager
APPENDIX B - Charter Officer - City Attorney
APPENDIX C - Charter Officer - City Secretary
APPENDIX D - Charter Officer - Municipal Court Judge
50
50
50
51
53
53
53
54
54
54
55
55
55
55
56
56
59
61
63
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CITY OF HUNTSVILLE
PERSONNEL RULES
CHAPTER 1
INTRODUCTION
Section 1. Objective.
City Council designs these rules 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 efficiency, 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 based on merit and fitness 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.
The City will take affirmative action to ensure equal employment opportunity. 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 are bona fide
occupational qualifications. No employee shall retaliate against an employee who makes a
complaint of such discrimination, or who has assisted or participated in an investigation of
discrimination.
See also Affirmative Action Plan for Equal Opportunity Employment of the City of Huntsville
(1978); 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, Texas Labor Code
chapter 21; Personnel Rules chapter 10, § 9 /Retaliation Prohibited.
Section 3. Applicability; No Contract.
These rules apply to all non - charter City employees except where inconsistent with Texas or
federal law. A person on a retainer or under contract is not considered a City employee without
a specific agreement to that effect. No one should construe these rules to limit the power of the
City Manager or a department director to issue and enforce reasonable personnel rules not in
conflict with the statutes, these rules or federal law. No one should construe these rules as an
employment contract, and no City employee may bind the City to an employment contract
without the express written approval of City Council.
Section 4. Dissemination.
a. The City Manager shall inform all City employees of the existence of these rules and each
department shall keep a copy available for reference by its employees.
b. The City Manager shall place at major City job centers bulletin boards for
communications that Texas law, federal law or these rules require, or that the Human
Resources Division (HRD) approves. Postings on these boards should include these
personnel rules, the medical handbook, notice of vacancies, workers' compensation
notices (Texas Labor Code § 406.005), Whistleblower notices (Texas Government Code
§ 554.009), hazardous chemical notices (Texas Health and Safety Code chapter 502), Fair
Labor Standards Act notices (29 U.S.C. § 211[c]), Disability Act notices (42 U.S.C. §
12115), Unemployment Act notices (Texas Labor Code § 208.001(a)), age discrimination
notices (29 U.S.C. § 627), Civil Rights Act notices (42 U.S.C. § 2000e -10a), and Family
Leave and Medical Act notices L_ U.S.C.
Section 5. Amendment.
a. City Council may unilaterally change, rescind, supplement, or supersede these rules
anytime without notice.
b. The provisions of these rules control over any contradictory statement made by any City
supervisor.
The City encourages employees to suggest improvements to these policies. Any employee
who wishes to suggest a personnel policy change should submit his or her suggestion(s)
in writing to the Human Resources Division (HRD). Employees are responsible for
knowing and using these policies and for requesting clarification or assistance when
needed.
Section 6. Division of Responsibility.
Except matters reserved to the City Council, the general and final authority for personnel
management rests with the City Manager.
2
The Human Resources Division (HRD) 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 director is responsible for enforcing the provisions of these rules, related policies
and procedures by cooperating with the Human Resources Division (HRD) on all matters
pertinent to his or her department.
Section 7. Safety.
a. The City of Huntsville wants to conduct its operations with the utmost regard for the
safety of its employees and its citizens.
b. The City will not require any employee to perform hazardous duty without first receiving
training concerning the hazard and proper work methods.
C. The City Manager will 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.
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CHAPTER 2
DEFINITIONS
Actual Work See time actually worked.
Charter Officer The City Manager, City Secretary, City Attorney, Municipal Court Judge
and Assistant Municipal Court judge.
Classified
Position A job budgeted and assigned to a pay grade within the City's pay plan.
COBRA 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.
Commercial
Driver An employee who is subject to the Commercial Driver's License
requirements of the United States Department of Transportation (49 CFR
part 383) and operates a Commercial Motor Vehicle (CMV) for the City
on a routine, intermittent, or occasional basis. Intermittent and occasional
includes operating a CMV on a backup basis or as infrequently as once a
year. 49 CFR § 382.
Commercial
Vehicle A motor vehicle or combination of motor vehicles used to transport
passengers or property if the motor vehicle:
1. has a gross combination weight of 26,001 or more pounds including
a towed unit with a gross vehicle weight of more than 10,000
pounds; or
2. has a gross vehicle weight of 26,001 or more pounds; or
3. is designed to transport 16 or more passengers, including the
commercial driver; or
4. is used in the transportation of materials hazardous for the purposes
of the Hazardous Materials Transportation Act and which require
the motor vehicle to be placarded under the Hazardous Materials
Regulations (49 CFR part 172, subpart F).
Controlled
Substance A substance, including a drug and an immediate precursor, listed in
Schedules I through V or Penalty Groups 1 through 4 of the Texas
Controlled Substances Act, Texas Health and Safety Code chapter 481.
El
Day Unless otherwise specifically provided, shall mean eight (8) hours.
Demotion The assignment of an employee from a position in one class to a position
in another class having a lower maximum salary.
Department A unit of City government consisting of one or more division as provided
by the City budget.
Director Department head.
Division A basic unit of City government as provided by the City budget.
Drug A substance, other than a device or a component, part or accessory of a
device, that is: a) recognized as a drug in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States,
official National Formulary, or a supplement to either pharmacopoeia or
the formulary; b) intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; c) intended to affect
the structure or function of the body of man or animals but is not food; or
d) intended for use as a component of a substance described by items a, b,
or c. See Texas Health and Safety Code § 481.002.
Exempt Employees Employees not covered or exempted by the specific provisions of the Fair
Labor Standards Act.
FLSA Fair Labor Standards Act, 29 U.S.C. § 201.
FMLA Family Medical Leave Act, 29 U.S.C. § 2611 (1996).
Injury Leave
With Pay Absence from work with pay for a period not to exceed five working days
per calendar year from an employee's injury.
Officer
(Appointed) A City employee entrusted with the administration of justice or the
execution of law, including the City Manager, City Secretary, City
Attorney, Municipal Court Judge, Director of Finance, Building
Officials, Health Officials, Planning and Zoning Commission
Members, Board of Adjustments and Appeals Members, City Tax
Collector, Fire Marshall, Fire Chief, Director of Public Safety
(Police Chief), and every police officer of the City of Huntsville.
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Open - Salaried
Position A job not assigned to the City's pay plan.
Outside
Employment Any employment, including self - employment, other than employment by
the City.
Nonexempt
Employee An employee entitled to overtime pay under either federal law or Texas
law. See Fair Labor Standards Act; Texas Local Government Code (Police
and Fire).
Probation A trial or test period to decide 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.
Regular Employee An employee other than a temporary employee; an employee in a full -time
or part -time position budgeted for more than 1,000 hours in the year.
Regular Rate of Pay The employee's hourly compensation including car allowance, educational
incentive pay, and longevity, but not including holiday pay, sick leave pay,
or vacation pay.
Safety- Sensitive
Function Any of the following duties: (1) Operating a revenue service vehicle,
including when not in revenue service; (2) Operating a non revenue service
vehicle, when required to be operated by a holder of a Commercial
Driver's License; (3) Controlling dispatch or movement of a revenue
service vehicle; (4) Maintaining a revenue service vehicle or equipment used
in revenue service, unless the recipient receives section 18 funding and
contracts out such services; or (5) Carrying a firearm for security purposes.
See 49 CFR 654.
Time Actually
Worked The time an employee is on duty, administrative leave with pay,
compensatory time, vacation time, injury leave with pay, on military leave
with pay or holiday leave with pay, but shall not include the time that the
employee is on authorized leave without pay or sick leave (personal leave).
Transfer The assignment of an employee from one position to another having the
same maximum salary.
on
CHAPTER 3
VACANCIES
Section 1. Vacancy Identification.
A department director will notify the Human Resources Division (HRD) when vacancies occur
or are imminent.
Section 2. Announcement of Vacancies.
The HRD will publicly announce all vacancies in the City personnel system that the City will
fill. HRD may announce the positions that the City fills by administrative transfer, temporary
promotion, or reinstatement by posting notice for three days in prominent places at all City job
centers. HRD will advertise all vacancies not filled by administrative transfer, temporary
promotion or reinstatement in the City's official newspaper.
Each announcement, as far as practicable, shall specify the job title, salary range, 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.
The City encourages promotional opportunities whenever possible. The City Manager, or a
director with notice to the City Manager, may limit the selection process to qualified City
employees, or City employees may be given preference in application and /or consideration. The
City Manager should maximize opportunities for promotion across organizational lines.
Employees should consult departmental rules for specific information regarding promotional
opportunities.
Section 4. Emergency Temporary Appointments.
Whenever an emergency exists that requires the services of personnel who are not otherwise
available, the City Manager may immediately appoint such personnel for a period not to exceed
thirty (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. The City will
additionally compensate an employee so promoted for the duration of the temporary assignment
in an amount set by the City Manager. The City Manager may not use a temporary promotion
to avoid normal selection procedures. An employee shall not receive any status or rights in a
classification in which the employee temporarily serves except as provided above.
No one should construe these rules to prevent the assignment of higher -level duties to an
employee without additional compensation. The City will pay an authorized additional
compensation only in cases of formal temporary promotion effected according to these rules.
Section 6. Transfers.
A transfer is the assignment of an employee from one position to another having the same
maximum salary.
The City Manager, or a department director with notice to the City Manager, may transfer an
employee from one position to another at any time if the transfer is not a promotion or
demotion. The transfer may be made in conjunction with an announced selection process.
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.
The City Manager, or a director with notice to the City Manager, may demote an employee to
a lower level position if the employee is qualified for the position and the employee requests the
demotion, the demotion is an alternative to a layoff, or the demotion is part of a City Council
approved reorganization. Such demotions will 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.
A person will submit a written application for initial employment, promotion or any type of
transfer or reinstatement as prescribed by the HRD. Only applications officially received in the
prescribed manner will be considered.
All application information submitted to the City is subject to verification. The City will require
such releases as necessary to investigate an applicant's medical, education, employment, drug
and /or alcohol, criminal and driving histories.
Section 9. Evaluation of Applicants.
The HRD will assist the City's supervisors in evaluating applicants against job _requirements to
identify the best qualified. HRD may use reference checks, interviews, medical examinations,
background checks, performance tests, written tests, and /or other screening procedures as
appropriate.
HRD will require applicants to provide any information and undergo any examinations necessary
to show compliance with prescribed qualification requirements for the positions involved.
See also Personnel Rules chapter 4, § 6 /Medical Examinations.
Section 10. Disqualification.
HRD shall disqualify an applicant from consideration if the applicant:
a. does not meet the qualifications necessary for performance of the duties of the position;
b. has made a false statement of material fact on the application form or its supplements;
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.
HRD may disqualify any applicant from consideration upon other reasonable grounds relating
to job requirements.
Section 11. Referral and Selection.
The HRD will develop standard operating procedures for the referral of applicants to
departments for final selection. The procedures will provide for selecting supervisors or officials
to report the disposition of all referred applicants and the reasons therefor.
0
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.
The City Manager or department director shall appoint persons based on the qualifications of
applicants as determined through fair and practical selection methods. See also Americans with
Disabilities Act, 42 U.S.C. § 12132.
Section 3. Type.
Appointments shall be designated either regular or temporary. A regular appointment is
ordinarily of indefinite duration and may be either a full -time or part-time position that is
budgeted for 1,000 hours or more a year. The City Manager or department director may make
a limited term regular appointment in unusual circumstances. Regular appointments are subject
to the rules governing probation; temporary employees serve at -will.
See Personnel Rules, chapter 2 /Definitions, Regular Employee.
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). The City Manager and the directors may not appoint any person
to a division that the person has a relative within the second degree by affinity or within
the third degree by consanguinity.
b. The City Manager may apply the nepotism prohibition in other organizational and /or
personal relationships when failure to do so would be detrimental to the City.
The City Council and the City Manager may not appoint any 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, to any office, position, clerkship or other service of
the City, except where authorized by Texas law.
See City Charter § 14.11; Employee Nepotism Charts Attached; Texas Government Code chapter
573.
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Section 5. Residence.
There will be no residence requirement for City employees except as law or the Charter provides.
An employee likely to be called to work in cases of emergency may be required to reside within
a reasonable commuting range of his or her place of work.
See City Charter 8.01; Tex. Loc. Govt. Code § 150.021.
CITY OF HUNTSVILLE
EMPLOYEE NEPOTISM CHARTS
PROHIBITED RELATIONSHIPS INCLUDE:
1ST DEGREE BY CONSANGUINITY
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
2ND DEGREE BY AFFINITY
Spouse's grandparents
Spouse's grandchildren
Spouse's aunts and uncles
Spouse's first cousins
Spouse's nieces and nephews
3RD DEGREE BY CONSANGUINITY ONLY
(Does not include spouses)
Great grandparents
Great grandchildren
Great aunts and uncles
Second cousins (child of first cousin)
Great nieces and nephews
RELATIONSHIPS NOT PROHIBITED INCLUDE 3RD DEGREE BY AFFINITY
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.
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Section 6. Medical Examinations.
The City Manager, or a department director with notice to the City Manager, may require a
person selected for initial appointment or reinstatement to undergo a medical (mental and /or
physical) examination by one or more physicians designated by the City and at City expense. If
a medical examination is required, employment will 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.
The City Manager, or a department director with notice to the City Manager, may require an
employee to undergo a medical examination by one or more physicians designated by the City
and at City expense, to decide the employee's fitness for continued employment, promotion, or
other personnel action. The employee may be placed on administrative leave with pay pending
the medical examination results.
See also Americans with Disabilities Act, 42 U.S.C. § 12132.
Section 7. Verification of Identity and Work Authorization.
The HRD will verify, by examining documents, the work authorization and identity of all
individuals before appointment. HRD will make a copy of those documents as part of the
employee's file.
,See Immigration Reform and Control Act, 4 U.S.C. § 1324a.
Section 8. Minimum Age; Minors.
a. The City will not employ any person under 18 years of age in any regular full -time
position.
b. The City will not employ any person under 18 years of age in any position requiring the
operation of a motorized road vehicle owned by the City.
C. The City may employ a person under the age of 18 and over the age of 16 in a temporary
position involving only casual nonhazardous employment if the person and his or her
parents furnish the City with appropriate releases.
See Child Labor Law, Texas Labor Code chapter 51.
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Section 9. Lie Detector Tests; Polygraphs.
a. No City employee shall, directly or indirectly, request or require another City employee
to take any lie detector test; however, the City Manager may require a lie detector test
of:
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.
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.
C. This policy does not affect of limit the City's Police Department use of polygraphs in
criminal investigations that include City employees.
See Employee Polygraph Protection Act, 29 U.S.C. § 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); Texas Local Government Code § 143.313.
Section 10. Orientation; Bonds; Bribery Statements; Oaths of Office.
a. The department directors and other supervisors, with assistance of the HRD, will orient
all new employees. The orientation should include instruction and training regarding
duties of the position, the drug abuse program, safety, the City organization and the
community.
b. Before taking the Oath of Office, all appointed officers will file with the Texas Secretary
of State a bribery statement.
See Tex. Const. art. XVI, § 1; Texas Government Code chapter 602; City Charter § 14.04;
Personnel Rules chapter 2 /Definitions, Officer (appointed).
C. Before entering upon the duties of an office, all appointed officers will, at City expense,
execute any bond required by law.
See note above.
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d. Before entering upon the duties of an office, all appointed officers will take the Oath of
Office.
See note above.
e. HRD will give each new employee a copy of the Personnel Rules. Within two weeks of
employment, an employee must sign a statement that he or she has read these rules.
Section 11. Training Reimbursement Agreements.
With the approval of the Council, the City Manager may enter an agreement with an applicant
for employment requiring that person, when employed by the City, to reimburse the City for
the City's cost of training if he or she voluntarily leaves the City to seek other employment.
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CHAPTER 5
NONDISCIPLINARY PROBATION
Section 1. Probationary Period.
a. Except as provided in subsection b, the City requires every person appointed to a regular
position below pay grade 26 to successfully complete a probationary period of six (6)
months.
b. The City requires every person appointed to a regular appointment in pay grade 26 or
above, or to the position of Communications Operator I, to successfully complete a
probationary period of twelve (12) months.
Section 2. Purpose.
The City Manager, department directors and supervisors will 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 should be retained.
See also Personnel Rules chapter 11, 5 4 /Disciplinary Probations.
Section 3. Failure of Probation.
When in the opinion of the department director (or the City Manager for persons the City
Manager directly supervises), a person's fitness or quality of work does not merit continuation
in the job, the director (or City Manager) may end the person's probationary employment.
Failure of probation may occur anytime within the probationary period and will not be
considered part of the disciplinary process.
A person who fails probation may be separated from City employment. The person, if
terminated during this period, will have accrued no benefits nor be eligible for any termination
compensation. If desirable and feasible, the director may transfer the person to a more suitable
position.
The City Manager, or a director with City Manager approval, may return a newly promoted
employee who fails probation to his or her former type of job, if available. A newly promoted
employee who fails probation is eligible for consideration for later advancement.
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Section 4. Appeal of Failure of Probation.
A person who fails probation will have no right of appeal except on the grounds of discrimination
prohibited either by these rules or by law. The director (or the City Manager for persons the
City Manager directly supervises) shall give the person a written notice of dismissal that describes
the reasons for failure of probation. The director (or the City Manager for persons the City
Manager directly supervises) shall conduct a pre- deprivation hearing before the discharge of the
person. If these rules allow an appeal, the person must appeal in writing to the City Manager
within five (5) working days following the failure of probation.
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CHAPTER 6
PERFORMANCE EVALUATION
Section 1. Performance Evaluation Report.
Supervisors should evaluate the work performance of each regular employee according to
procedures developed by the City Manager. Supervisors should evaluate an employee at or near
each merit date, or at or near his or her anniversary date after reaching top of scale.
Section 2. Purpose.
The City Manager will design the performance evaluations to help supervisors and employees
measure how well they are doing work and to provide a tool for management decisions regarding
assignment, compensation, promotion, retention and training of employees.
Section 3. Counseling.
Employees will be given 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 that appear desirable or necessary before sending
the reports to the Human Resources Division for the employee's file.
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CHAPTER 7
CLASSIFICATION
Section 1. Plan Preparation and Maintenance.
Subject to approval of the City Council, the City Manager will prepare and administer a
classification plan for the City personnel system based on analysis of the duties and
responsibilities of positions. The City Manager will allocate positions 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. Govt. Code § 141.033; City Manager rules.
Section 2. Effect of Reclassification.
An employee in a position that the City reclassifies from one salary range to another will be
entitled to continue to serve in the position with unimpaired status if the City does not change
the duties and responsibilities of the position or if the employee substantially meets the
qualifications prescribed for the new class.
Section 3. Official Titles.
The City will use official class titles in its personnel matters. The City may use other appropriate
working or functional titles.
Section 4. Job Descriptions.
The City Manager will establish job descriptions so that the employee will have an understanding
of what his duties are to be and what is expected. The job description must state the essential
functions of the job.
See Americans with Disabilities Act, 42 U.S.C. § 23243.
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 reevaluation. The City Manager, with approval
of City Council, may authorize reclassification of a job position.
CHAPTER 8
COMPENSATION
Section 1. Basis.
Subject to City Council approval, the City Manager will prepare and administer a comprehensive
compensation plan for City employees. The City will pay employees salaries or wages by the
compensation plan, which will include one or more salary schedules. In positioning classes on
salary schedules, the City will consider prevailing rates of pay among public and private
employers; the duties, responsibilities, and qualifications required of employees in the classes; and
other relevant factors.
See City Manager rules.
Section 2. Administration of Range /Step Salary Schedules.
The City Manager will administer range /step salary schedules by the following rules:
a. The City will normally compensate a new employee 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, the City Manager may, with City
Council approval, increase the pay for other employees with the same job description to
assure that the City does not compensate them less than the new employee.
b. The City will ordinarily compensate a newly promoted employee at the lowest step of the
approved range that would provide the employee at least a five percent increase in pay
over that received in the previous class. The City may pay a newly promoted employee
at a higher step depending upon eligibility for future step increases at his or her prior
position. If the City transfers an employee laterally, the employee will ordinarily
continue to receive the same salary and will retain the same eligibility date for pay
increases.
C. Department directors, with City Manager approval, may grant merit increases within
ranges specified in the compensation plan. The directors shall consider the ability and
production record of each employee before approving such increases. An employee in
probation status shall not be eligible for merit increases.
d. The City will not pay any employee more than the rate established in the approved
compensation plan; but the City may pay an employee whose job was downgraded by
reclassification or changes in the labor market through no fault of the employee at 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.
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e. The City will pay an employee voluntarily or involuntarily demoted for any reason on
a step of the new range as administratively determined by the department director, with
approval of the City Manager.
The City will compensate a former employee reinstated pursuant to these rules within the
approved pay range as administratively determined by the department director, with
approval of the City Manager.
g. Open salaried positions shall include those positions appointed by City Council. The
City will compensate department directors and employees in open salaried positions as
determined by City Council upon recommendation of the City Manager.
Section 3. Overtime.
a. Nonexempt Employees
Supervisors will allocate overtime, when ordered, as evenly as possible among all
employees qualified to do the work. An employee will work overtime only at the
discretion of their supervisor. The City will pay an employee for overtime worked only
when the employee actually works more than 40 hours in one (1) work week. The City
will compensate an employee for overtime work by pay at one and one -half (1.5) times
the employee's regular hourly pay rate.
The work period for all City employees is a seven day period beginning at 12:01 a.m.
on Monday and ending at midnight the following Sunday. The standard work hours vary
from division to division, but generally consist of either five 8 hour days or four 10 hour
days as determined by the department director.
The Director of Public Safety, with permission of the City Manager, may approve a work
schedule for police supervisors providing for overtime calculations on a monthly, rather
than weekly, basis. Texas Local Government Code § 142.00150).
b. Exempt Employees
Exempt employees do not receive any compensation for overtime. The City expects these
employees to work as many hours as necessary to complete their work.
See Chart, Exempt Employees.
C. All employees must make records of days that they report to work. A non - exempt
employee must report all overtime worked, even if the employee's supervisor did not
authorize the overtime work. The City will pay all reported overtime work even if the
employee's supervisor did not authorize the overtime work.
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d. The City may take disciplinary action against an employee who works overtime without
authorization or who fails to report overtime worked, whether authorized or not.
e. The City's overtime pay rate calculation will not include compensation for vacation,
holiday and sick leave.
See also Fair Labor Standards Act, 29 U.S.C. § 201; Tex. Loc. Govt. Code § 142.0015.
Section 4. Work Schedule; Flex -Time.
Consistent with the City's needs as approved by the employee's supervisor, an employee may
schedule his or her work week to fit his or her needs. The employee and their supervisor will
formalize by written memorandum to the City Manager and HRD any flex -time arrangement
for longer than one (1) month.
Section 5. Compensatory Time.
a. Nonexempt Employees; limitation on compensatory time
An employee qualified to receive extra pay for overtime may, with approval of the
department director, elect to receive compensatory time off instead of extra pay.
The department director may require an employee, other than a police officer, to
use compensatory time off instead of extra pay. An employee will accrue
compensatory time at a rate of time and one -half overtime actually worked;
further, an employee may not accrue compensatory time unless the employee
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. When an employee accrues a balance of forty (40) hours
compensatory time leave, the City will pay all additional overtime. A supervisor
will permit an employee to use compensatory time leave within a reasonable time.
If an employee ends employment with the City, then the City will pay the
employee their accrued balance of compensatory time at a rate not less than the
employee's average pay rate for the last three (3) years or the employee's final
regular pay rate, whichever is higher.
b. Exempt Employees
Exempt employees will not accrue compensatory time. The City will permit an exempt
employee reasonable time off if 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. Govt. Code § 142.0016.
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Section 6. Time Records.
a. All employees, except exempt employees, shall keep accurate time records of time worked
and compensatory time accumulated. The employee and their supervisor will submit
certified time records to the Director of Finance.
b. An employee and their supervisor must report all overtime worked by an employee, even
if the employee's supervisor did not authorize the overtime work.
Section 7. Health and Accident Benefits; COBRA: Retirement.
Full -time regular employees will receive accident and health benefits as prescribed in the
applicable programs. Part-time employees will 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:
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 stopped 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. The individual must pay for the coverage monthly.
The City may cancel coverage before the applicable 18 or 36 -month extension if:
a. the City cancels 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. S 300 bb -1; Personnel Rules chapter 12, S 4.
Section 8. Educational Incentive Pay.
The City may change an employee's pay rate based on the employee receiving a certification,
degree, license, or registration for his or her position.
See City Manager rules.
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Section 9. Longevit. .
The City will pay a full -time classified employee, in addition to other money paid for services
rendered, longevity pay of $4.00 per month for each year of City service. The employee will, at
the time of employment, make written election to receive the longevity pay either monthly or
annually in a lump sum payment added to the first pay period in December. The employee may
only change that election with each subsequent year's cafeteria plan election; the City will pay
any payments withheld only in December or upon separation.
See also Tex. Loc. Govt. Code § 141.032.
Section 10. Social Security; Medicare; Retirement program required.
a. The City does not participate in Social Security, therefore City employees do not receive
Federal Insurance Contribution Act (F.I.C.A.) coverage. Employment with the City may
adversely affect federal social security benefits.
b. Federal law requires that City employees hired after March 31, 1986, participate in
Medicare. The City will make a matching contribution, if required by federal law.
See Personnel Rules chapter 12, § 4, below.
C. Every City employee must participate in a City approved retirement program.
See also 42 U.S.C. § 410 (Medicare rules); 26 C.F.R. 31 (public retirement rules); Personnel Rules
chapter 12, § 4.
Section 11. Deferred Compensation.
The City offers an IRS approved § 457 deferred compensation plan through I.C.M.A. An
employee may participate by deferring up to 25 %, or $7,500 per year (indexed for inflation after
1996), whichever is less, of the employee's income per year. Since the IRS strictly regulates an
employee's contributions to and withdrawals from a deferred compensation account, the
employee's funds are not accessible like a savings account. This program is a tax - sheltered
retirement fund. For more information on deferred compensation, contact the FIRD.
See Internal Revenue Code § 457; Texas Government Code chapter 609.
Section 12. Garnishment.
When directed by court order, the City will garnish an employee's wages.
See also Personnel Rules chapter 10, § 7.
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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, or long term disability premium reimbursement as authorized under the City's IRS
approved Section 125 cafeteria program.
26 U.S.C. § 125.
Section 14. Pay Days; Termination Pay.
Employees should be paid every two weeks, generally on Friday, for work ending not
more than six days before that pay day.
b. Each employee's pay check or pay check stub should identify all deductions made by the
City. The City will deduct from each employee's pay Medicare (if applicable), federal
income taxes, retirement contributions, court order child support, and any other
deductions required by law. If authorized in writing by the employee, the City may
deduct from an employee's pay medical and life insurance premiums, 5125 plan
contributions, credit union payments, and other deductions approved by the City
Manager.
C. If there is a change in the employee's family status, address, or any other factor affecting
his or her pay roll withholding or other benefits, the employee shall notify the HRD.
d. 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.
See Personnel Rules chapter 9, § 3 /Sick Leave (Personal Leave) and chapter 15, § 4 /Final Pay;
Termination Interview; Texas Labor Code chapter 62.
Section 15. Business /Travel Expense Reimbursement.
The City will reimburse employees for 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 Texas law.
See Texas Government Code chapter 607 (benefits relating to certain contagious diseases).
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Section 17. Legal Representation.
The City will provide legal representation for employees as required by Texas law.
See also Tex. Loc. Govt. Code § 180.002; City of Huntsville Code § 2 -70.
Section 18. Unemployment Insurance.
All City employees are covered under the Texas unemployment compensation program, and the
City pays for this benefit. This program provides payments for unemployed workers as
determined by the Texas Workforce Commission.
She Texas Labor Code chapter 201 et seq.
Section 19. Leave Time.
Regular full -time City employees are eligible for holidays, vacation, sick leave and other types of
released time under certain circumstances. See Personnel Rules chapter 9 /Absence. Regular part-
time City employees are eligible for partially paid holidays.
CITY OF HUNTSVILLE
EXEMPT EMPLOYEES CHART
Exempt- Classified employees
Community Planner, Cultural Services Coordinator, Division Head - Community Development,
Fire Chief, GIS Administrator, MIS Manager, MIS Operations Analyst, Municipal Court
Coordinator -Court Clerk, Librarian, Purchasing Agent, Sanitation Supervisor, Superintendent
I, Superintendent II, and Superintendent III.
Exempt -Open- Salaried employ
Assistant Director - Operational Services, City Attorney, City Engineer, City Manager, City
Secretary, Director of General Services, Director of Finance, Director of Public Safety, Director
of Public Works, Municipal Court Judge, and Municipal Court Judge- Associate.
Note: Supervisors in the police and fire department, while exempt under the FLSA, may be
entitled to overtime under Texas law. See Texas Local Government Code chapter 142.
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CHAPTER 9
ABSENCE
Section 1. Holidays.
The City will normally observe the following ten (10) days as paid holidays for all employees:
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 that City Council designates), the employee's birthday or any day with department
director approval after five (5) days notice.
a. The City Manager will give as many employees as possible each holiday off consistent
with the maintenance of essential City functions.
b. 1. Temporary employees, full -time or part-time, receive no holiday benefits.
2. The City provides a regular part-time employee a partially paid holiday if the
holiday is the employee's regularly scheduled workday.
C. The City will provide a regular employee who works on a holiday as directed by their
supervisor:
1. pay for the time worked at his or her regular hourly pay rate, and
2. either:
a) additional pay at one and one -half (1.5) times the employee's regular hourly
rate for the hours actually worked, or
b) with permission of the department director, an accrued day of holiday leave.
d. An exempt employee who works on an official holiday may reschedule a personal day off.
e. If a holiday falls on Saturday, the City will observe the preceding Friday, and if a holiday
falls on Sunday, the City will observe the following Monday.
f. An employee in leave of absence without pay status on the holiday or on the scheduled
work day immediately preceding or following will not receive pay for the holiday.
g. No employee may accrue more than four (4) days of holiday leave except for extenuating
circumstances approved in writing by the City Manager.
h. For purposes of scheduling a holiday, a holiday will have an hour value equal to the
employee's regularly scheduled shift or workday.
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I. No person will 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.
j. No employee may earn more than eighty (80) hours holiday leave per calendar year. No
employee may incur a negative holiday leave balance larger than twenty (20) hours. When
an employee is separated from City service, the City will deduct any negative holiday
leave balance from other leave benefits due to the employee.
See also Tex. Loc. Govt. Code § 142.0013.
Section 2. Vacation Leave (Annual Leave).
Each regular full -time employee will earn vacation leave as follows:
Years of Service
0 -9
10 -15
16
17
18
19
20+
Vacation per Year
10 Days
15 Days
16 Days
17 Days
18 Days
19 Days
20 Days
The City provides vacation leave according to the following rules:
Accrual per pa, period
3.0770 Hours
4.6154
4.9231
5.2308
5.5385
5.8462
6.1539
a. An employee may take vacation leave only after one (1) year of continuous service.
b. Vacation leave will not accrue for any month during which an employee actually works
less than one -half the standard number of paid days for his or her job type.
C. An exempt employee may take vacation leave in one day increments with supervisory
approval. A non - exempt employee may take vacation leave in one (1) hour increments
with supervisory approval.
d. Supervisors shall encourage and require that employees use a substantial portion of their
vacation leave each year. Employees with less than ten years City service may accumulate
to a maximum of 160 hours; employees with five or more years of continuous City service
may accumulate to a maximum of 200 hours. At the end of the calendar year, any
vacation leave balance in excess of these maximums is reduced to the maximums without
compensation. Pay in lieu of vacation is not permitted other than upon separation.
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e. Department directors will schedule or approve vacations considering the needs of service
and the interests of the employees. Vacations may be split.
f. The City will charge vacation leave only for time during which the employee would
ordinarily have worked. The City will not charge City holidays against vacation leave.
g. An employee who the City demotes, promotes or laterally transfers will retain accrued
vacation leave.
h. The City will pay employees with at least one (1) year of continuous service who are
separated for any reason any accrued vacation leave.
I. Vacation leave credits are not transferable between employees.
Regular part-time and temporary employees will not accrue vacation leave.
See also Tex. Loc. Govt. Code 5 142.0013.
Section 3. Sick Leave (Personal Leave..
The City allows regular full -time employees sick leave according to the following rules:
A full -time employee will earn twelve (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. A full -time
employee who was previously employed by the City in a part-time position may use
accrued sick leave if employed over six months.
b. Sick leave will 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 will be unlimited until
separated from City service. The City will not restore sick leave credits upon rehiring.
d. An exempt employee may take sick leave for absences of a day or more occasioned by
sickness or disability. A non - exempt employee may take sick leave in increments
equivalent to one (1) hour of work because of illness, non - occupational injury, legal
quarantine, or routine health care appointments that the employee, their dependents or
persons within the first degree of consanguinity cannot reasonably schedule outside
working hours.
e. An employee's supervisor may request and obtain verification of the circumstances
surrounding any use of sick leave.
f. An employee may use accrued vacation leave to supplement sick leave.
g. An employee who becomes ill or injured during a vacation may, with proper
documentation, request that the City charge the time of the non - occupational illness or
injury to sick leave instead of vacation leave.
h. The City will pay employees with five (5) years of continuous service who are separated
for any reason, including disability or retirement, for any accrued sick leave as follows:
Sick Leave Accrued Amount Paid at Termination
Up to 480 hours 0%
Over 480 hours but
less than 1200 hours 25%
Over 1200 hours 50%
I. Sick leave credits are not transferable between employees.
j. A department director, after finding out the exact circumstances, may permit a regular
employee to use sick leave for a disaster, serious injury, or serious or contagious illness
involving the employee's dependents or persons within the first degree of consanguinity.
A department director, after finding out the exact circumstances, may permit an employee
to use up to three (3) sick leave days per calendar year in case of a death, serious injury,
or serious illness within the employee's immediate family.
See Personnel Rules chapter 4, § 4 /Nepotism; FMLA; Personnel Rules chapter
k. Regular part-time and temporary employees will not accrue sick leave.
1. An employee shall notify his immediate supervisor or director before the time set for
beginning work to receive compensation for sick leave.
m. The City expects a pregnant employee to decide, in consultation with her physician, when
she will cease working. Except in emergencies, the City requires at least ten (10) working
days notice of cessation of work. That notice shall include a statement of the employee's
intentions concerning resumption of work.
If pregnancy prevents an employee from properly doing 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.
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Employees with illness or disabilities arising from pregnancy or maternity will be entitled
to benefits on the same basis as employees with other types of temporary illnesses or
disabilities. The City will require documentation of the disability as with other
disabilities. Employees who are fathers or who adopt children may use sick leave as
appropriate to care for spouse or children.
Section 4. Unpaid Family and Medical Leave.
a. An employee is eligible for family and medical leave under this section only if the
employee has worked at least 12 months and 1250 hours for the City in the year before
the application for unpaid family and medical leave.
b. After an employee uses all accrued compensatory, holiday, sick and vacation leave that an
employee is entitled to use by another section, an eligible employee will be entitled to
additional unpaid family and medical leave up to a total of twelve (12) weeks (combined
paid and unpaid) per year for birth or adoption of a child, or to care for a spouse or
immediate family member, or to recover from a serious health condition that renders the
employee unable to work. Family and medical leave will include any paid holiday, injury,
sick or vacation leave (under sections 1, 2 or 3 above) used by an employee due to a serious
health condition of the employee or the employee's immediate family.
C. An employee shall schedule foreseeable family and medical leave so as not to unduly
disrupt City operations. Generally, the employee shall give the City thirty (30) days
advance written notice, or written notice as soon as practicable upon discovery of the
serious health condition.
d. An employee may take only twelve (12) weeks of family and medical leave per year
measured backward from the date the leave is used; provided, however, an employee may
seek authorized leave without pay.
C. If two or more family members work for the City, the combined or total family and
medical leave benefit (including holiday, sick and vacation leave) for all family members
will be twelve (12) weeks.
f. During the unpaid family and medical leave period, the City and employee shall share the
cost of the health plan premium in the manner customarily used. If the employee does
not return for any reason other than the continued serious health condition of the
employee or the employee's immediate family, then the City shall deduct from the
benefits owed to the employee upon separation the City's cost of the group health
insurance premium.
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g. The employee's supervisor may require the employee to provide a medical certification
by a health care provider, and recertification on a reasonable basis, of the employee's or
employee's immediate family member's serious health condition. If the employee fails to
provide the requested certification within fifteen (15) days of a request, the City will deny
the family and medical leave.
h. This section shall be interpreted to comply only with the minimum benefits required by
the Family Leave and Medical Act of 1993.
Section 5. Military Leave.
The City will grant regular full -time employees military leave with pay up to 15 days per year.
The City will grant military leave without pay according to Texas and federal laws. An employee
preparing to take military leave shall furnish his or her department director with copies of their
military orders or other appropriate certificate.
See also Texas Government Code chapter 613; Tex. Att'y Gen. Op. Nos. WW -1477 (1962), C -679
(1966), MW -240 (1980) and MW -300 (1981); Texas Local Government Code § 143.072.
Section 6. Administrative Absence with Pair.
The City will grant an employee sufficient administrative absence with pay, when necessary, to
vote in an official election. The City will grant a regular full -time or part-time employee called
for jury service administrative absence with pay during such service, and the employee may retain
any fees paid by the courts. An employee excused or released from jury service shall report to
their work stations according to departmental instructions with a jury slip from court.
With the approval of the City Manager, a department director 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 try 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 or her supervisor. The employee should
notify his or her immediate supervisor of the desire to attend these schools.
See Texas Election Code § 276.004 Unlawfully Prohibiting Employee from Voting.
Section 7. Authorized Leave without Pay (Excused Absence.
a. In circumstances not falling within other provisions of these rules, the department
director may authorize an employee to take leave without pay up to two weeks under
such terms and conditions as may be mutually agreeable.
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b. In circumstances not falling within other provisions of these rules, the City Manager may
authorize an employee to take leave without pay under such terms and conditions as may
be mutually agreed upon in writing. Upon returning to work after an authorized leave
of absence, other than military leave, HRD may adjust the employment date and
anniversary date to reflect the period of time that the employee used for the absence. At
the expiration of a leave of absence without pay, the City will attempt to reinstate the
employee in the same, or a comparable, position. With the exception of military and
pregnancy leaves, if no vacancy exists, the employee will be separated and paid accrued
benefits.
See also Military leave; FMLA; Texas Government Code chapter 614 (legislative leave for peace
officers and firefighters).
Section 8. 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 will be considered absent without leave and will not be in
pay status for the time involved.
Absence without leave is abandonment of duties that may result in dismissal. Absence without
leave for three (3) consecutive working days is a voluntary resignation.
Section 9 Worker's Compensation; Injury Leave with Pay,
a. The City will pay medical expenses incurred by an employee for compensable on the job
injuries.
b. 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.
C. Beginning on the eighth (8th) calendar day of disability, the City will compensate an
employee at a rate of up to 75% of the employee's average weekly wages (excluding
overtime) of 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, holiday leave, compensatory time or sick
leave to supplement workers' compensation.
See also Texas Labor Code § 504.052.
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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. Govt. Code § 142.008; Texas Labor Code chapter 451 and § 504.003.
f. An employee will not accrue leave (vacation or sick leave) while the employee is on injury
leave or unable to work because of an injury for more than one week per pay period.
Service credit for all employment privileges and benefits will stop during this period
except where otherwise provided by Texas or federal law.
g. If an employee who is injured on the job 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 paragraph c) above) the employees medical
premiums (employee and dependent care), a long term disability premium, and life
insurance premium that are payroll deducted by the City and provided by the City's
approved carriers. The City will provide such extended benefits to the employee for up
to six months. The employee is responsible for and must act 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.
I. The failure to follow doctor's orders, or employee activity inconsistent with the
employee's injury, including any outside employment not approved in writing by the
employee's supervisor and the HRD, may result in disciplinary action up to and including
dismissal.
j. 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 verifying the employee's fitness to return to the
employee's 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, 5 3 /Incapacity. Then
the employee may elect to receive accrued vacation and sick leave benefits, if any, payable
upon termination. The City will not reinstate an employee, however, unless the
employee reimburses the City any sick leave paid, plus interest at eight percent (8 %) from
the date of payment.
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1. An employee injured on the job with a physician's release to return to work in less than
full duty status will, if approved by the director, do restricted duty tasks when available.
The City will assign light duty as determined by its economic and operating conditions.
The department director will notify HRD when light duty assignments begin and end.
m. An employee who is able to return to work in light duty status is a temporary employee,
and the City Manager may require the employee to work in a different department and
perform duties not contained within his or her current job duties. The City will pay an
employee assigned to light duty status and performing different duties according to the
level of pay that is appropriate for the light duty job assignment. In addition, the
employee will receive workers' compensation payments in a reduced amount.
n. No employee on light duty will work overtime.
o. A light duty assignment cannot exceed six (6) months. An employee who is unable to
return to full duty status within six (6) months may be separated for incapacity reasons.
Section 10. Light Duty (Alternate Work)..
No employee may be permitted to work light duty for any reason other than recovery from a job
related injury unless approved by City Council.
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CHAPTER 10
CONDUCT
Section 1. Attendance.
Employees shall be at their places of work according to City and departmental policies and
regulations. Department directors will 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 will be the duty of each employee to maintain high standards of cooperation, efficiency, and
economy in his or her work for the City. Department directors will 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 privately point out the deficiencies at the time they
observe them. 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 will
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 for any candidate for public office or any political issue.
See also Tex. Loc. Govt. Code § 150.001 -.003, 180.01.
Section 4. Solicitation; Acceptance of Gift.
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 concerning his or her employment according to his or her response
to a solicitation.
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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.
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. Govt. Code chapter 171.
Section 5. Physical Fitness; Persons with Disabilities.
a. It will be the responsibility of each employee to maintain the standards of physical fitness
required for doing his or her job.
b. The City will make its employee activities and working environment accessible to
disabled persons and will make reasonable accommodations for employees unless that
accommodation will place an undue hardship on City operations.
Section 6. Personal Appearance.
The City expects all employees to dress appropriately and in good taste, and to maintain a good
general appearance at all times.
Section 7. Financial Obligations; Garnishment.
a. The City expects all employees to keep their personal financial affairs in good order.
Failure to pay just debts, including taxes, may constitute grounds for disciplinary action.
b. Texas 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); Personnel Rules chapter 8, § 12.
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 HRD 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 Texas Transportation Code chapter 521.
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b. If a job assignment requires an employee to operate or drive a City vehicle, the employee
shall possess a driver's license of the appropriate classification. 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, an employee shall not use a City vehicle 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.
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 Texas Government Code chapter 551.
Section 10. Use of Telephone.
Telephones in City offices and shops are for City business. The City discourages personal calls.
No employee shall charge any personal long distance calls to the City.
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 notify HRD immediately of any incident that involves personal injury to
the employee and shall reduce such report to writing within one (1) day if such incident involves
personal injury or damages or loss to any property more than $50.00. It should be immediately
forwarded to the department director, City Manager, and HRD.
(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 to improve future accident control measures. It is not the intent of this investigation to
cause undue embarrassment to the employee. If an employee failed to take precautions or use
safety appliances that he or she 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.
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The City Manager or his designee may appoint an Accident and Review Board composed of City
employees to review an employee's accident.
Section 12. Outside Employ.
Second jobs, including self - employment, held by the employee are permissible under the
following conditions:
The employee informs the department director in writing of the outside employment,
including self - employment, and the type of duties performed.
b. The department director and City Manager have approved the outside employment,
including self - employment.
C. The outside employment does not constitute a conflict of interest, interfere with employee
efficiency, or require the use of City time or equipment.
d. If a City employee is injured on the job in the course of employment outside his or her
employment with the City, the employee may not file a workers' compensation claim
against the City for benefits related to the injury, even if the City Manager may have
authorized the outside employment. If an employee becomes unable to do his or her 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 HRD.
b. Racial, ethnic or religious harassment of any employee or applicant 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 HRD.
All allegations shall be dealt with in strict confidence, and appropriate disciplinary action
shall be taken.
See also Tex. Penal Code § 39.02.
S
Section 14. Employee Drug Abuse Policy.
a. It is the policy of the City of Huntsville to help employees in eliminating drug abuse.
Employees who voluntarily come forward to their department director with an admission
of drug and /or alcohol dependence and who seek treatment shall be referred to the City's
Employee Assistance Program (EAP).
b. The term "drug" includes alcoholic beverages, prescription drugs, 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.
See also Chapter 11, § 1 /Grounds for Disciplinary Action.
d. The City of Huntsville provides medical insurance benefits and an Employee Assistance
Program (EAP) which may help an employee in a drug or alcohol abuse program;
however, follow -up testing is not a covered expense under the medical plan. Additionally,
the Human Resources Division will help, upon request of the employee, in obtaining care.
(The City's current EAP is Interface: 1- 800 - 324 - 4327.)
Any employee may request information on drug and alcohol abuse education and training
from the HRD or the department director. The HRD will provide assistance in obtaining
care through the EAP.
f. The City may require pre - employment chemical screens on final applicants for
employment.
g. 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 do the functions of the job is impaired or the
employee's ability to do 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.
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I. 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.
j. An employee shall notify the City of drug /alcohol related violations no later than five (5)
days after conviction.
Section 15. Special Rules Regarding use of Commercial Motor Vehicles.
a. Certification; persons subject to D.O.T. testing.
Each employee that certifies that they are a commercial driver for the City shall be subject
to alcohol and drug testing described in 49 CFR Part 382. Such tests include pre-
employment tests, post- accident tests, reasonable suspicion tests, random tests, return to
duty tests, and follow up tests.
b. Prohibitions.
1. Alcohol concentration.
a) No commercial driver shall report for duty or remain on duty while having
an alcohol concentration of 0.04 or greater. § 382.201.
b) No employee shall permit a commercial driver to remain on duty while the
commercial driver has an alcohol concentration of 0.04 or greater. § 382.201.
2. Alcohol possession.
a) No commercial driver shall be on duty or operate a commercial vehicle while
the driver possesses alcohol, unless the alcohol is manifested and transported
as part of a shipment. § 382.204.
b) No employee shall knowingly permit a commercial driver to drive or
continue to drive a commercial vehicle while the driver possesses
unmanifested alcohol. § 382.204.
3. On duty alcohol use.
a) No commercial driver shall use alcohol while performing safety- sensitive
functions. § 382.205.
b) No employee shall knowingly permit a commercial driver using alcohol to
perform or continue to perform a safety - sensitive function. § 382.205.
►1
4. Pre -duty alcohol use.
a) No commercial driver shall perform safety sensitive functions within four
hours after using alcohol. § 382.207.
b) No employee shall knowingly permit a commercial driver who has used
alcohol within four hours to perform or continue to perform safety sensitive
functions. § 382.207.
5. Alcohol use following an accident.
No driver required to take a post accident test shall use alcohol for eight hours
following the accident, or until the driver undergoes a post- accident test,
whichever occurs first. § 382.209.
6. Test refusal.
No driver shall refuse to submit to a post accident alcohol or controlled substances
test, a random alcohol or controlled substances test, a reasonable suspicion alcohol
or controlled substances test, or a follow -up alcohol or controlled substances test
required under these rules. § 382.211.
7. Controlled substance use.
a) No commercial driver shall report for duty or remain on duty requiring the
performance of safety sensitive functions when the driver uses any controlled
substance, unless the use is pursuant to the instructions of a practitioner who
has advised the driver that the substance does not adversely affect the driver's
ability to safely operate a commercial vehicle. § 382.213(a).
b) A commercial driver shall inform the driver's supervisor of any therapeutic
drug use. § 382.213(c).
Controlled substances testing.
a) No driver shall report for duty, remain on duty, or perform a safety sensitive
function if the driver tests positive for controlled substances. § 382.215.
b) No employee shall knowingly permit a commercial driver that tests positive
for controlled substances to perform or continue to perform safety sensitive
functions. § 382.215.
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C. Tests required.
1. Pre - employment testing.
The City shall test all final applicants for positions involving operation of
commercial vehicles for alcohol and controlled substances. § 382.301.
2. Post accident testing.
a) As soon as practicable following an accident involving a commercial vehicle,
the City shall test for alcohol and controlled substances each surviving driver
if the accident results in the loss of human life or if a citation is issued to the
driver for a moving traffic violation. § 382.303(a).
b) Time of post accident testing:
1) Alcohol tests should be administered within two hours following the
accident; no alcohol test will be administered after eight hours.
382.303(b).
2) Controlled substance tests shall be administered within 32 hours.
§ 382.303(b).
c) Employees shall remain readily available for testing after an accident. Failure
to do so will be treated as refusal to test. S 382.303(c).
d) If any law enforcement agency performs a test for alcohol or controlled
substances, the City will use the results of these tests. 5 382.303(e).
3. Random testing.
a) Employees will be selected for alcohol and drug testing on a random basis in
a manner to ensure that they always have an equal chance of selection on a
scientifically valid basis. The testing frequency and selection process will be
such that a chance of selection continues to exist throughout employment.
An employee selected for random testing, could be chosen again during the
same year.
b) A number of certified employees equal to fifty percent (50 %) of the
commercial drivers certified under section 15(a) above, will be tested for drugs
each year. A number of certified employees equal to twenty -five percent
(25 %) of the commercial drivers certified under section 15(a) above will be
tested for alcohol each year.
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c) Random testing will occur throughout the year. Employees will not be
notified until the time of the test. A supervisor will accompany the employee
to the test site immediately after notification. § 382.305.
4. Reasonable suspicion testing.
If an employee is reasonably suspected of using alcohol or drugs in the workplace
or of working while under the influence of alcohol or drugs, their Division Head
may recommend an alcohol and /or drug test.
The Division Head's written recommendation to require an employee to be tested
must be based on specific, contemporaneous, articulable observations concerning
appearance, behavior, speech, body odors, and /or work performance. This may
include indications of the chronic use and withdrawal effects of alcohol and drugs.
The Director must approve the decision to test. § 382.307.
5. Return to duty testing.
If an employee tests positive for alcohol or drugs, the employee must undergo a
return to duty test no later than 45 days from the date the employee tests positive.
6. Follow up testing.
If an employee tests positive for alcohol or drugs, the employee must
undergo follow -up testing for alcohol or drugs for up to 60 months
following their return to duty. This will consist of at least six tests in the
first 12 months following their return -to -duty.
The number, frequency and type of follow -up testing are left up to the Director,
with advice of the City of Huntsville's substance abuse professional (SAP)
following the driver's return -to -duty. All follow -up testing will be at the expense
of the employee. The SAP may stop follow -up testing any time after the first six
tests have been administered. §§ 382.309, 382.311.
d. Handling of test results, records retention and confidentiality.
1. The HRD will maintain records related to the City's alcohol misuse and
controlled substances programs, including records related to this section, in a
secure location with controlled access. 49 CFR 40.81; § 382.401.
2. All information concerning test results is confidential. Any exchange of
information, anytime, by mail, phone, fax, or other electronic means will be done
in a way to ensure confidentiality.
a
Only the employee, the Medical Review Officer or Breath Alcohol Technician,
Substance Abuse Professional, Substance Control Officer, the City's Human
Resources Department, the Division Head and Director, whether employed by the
City or contracted, will know the employee's test results. 49 CFR § 40.81; 49
CFR § 382.401.
3. If the drug test result is positive, the SAP will notify the employee of the results
and the director will place the employee on Administrative Leave With Pay
pending other action. The employee will have 72 hours to ask for a test of the
split specimen at their expense. If the second test is negative, the medical review
officer will cancel the result of the first test and the city will reimburse the
employee for the retest.
e. Consequences for drivers engaging in substance abuse related conduct.
An employee tested under the provisions of these rules whose drug test result is
positive shall be removed from all duties for 72 hours or until the next work day,
whichever is longer. After 72 hours, the employee may be assigned to non safety
sensitive work if the employee's supervisor determines that such work is available.
The employee may use vacation, holiday, and /or compensatory time for work
missed during this period, but not sick leave.
2. No driver shall do safety sensitive functions, including driving a commercial
motor vehicle, if the driver has engaged in conduct prohibited by subsection b.
above until the employee has been evaluated by a substance abuse professional
approved by the City and has undergone a return to duty test with a verified
negative result. § 382.605(b) and (c).
3. A driver tested under the provisions of subsection c. above who is found to have
an alcohol concentration of greater than 0.02 but less than 0.04 shall be removed
from duties for 24 hours or until the next work day, whichever is longer. The
employee may use vacation, holiday, and /or compensatory time for work missed
during this period, but not sick leave. 49 CFR § 382.505(a).
Section 16. City Employees Prohibited from Carrying Weapons on City Property; Exceptions.
a. Employees of the City may not have on their person, either concealed or unconcealed, or
in their immediate possession, or bring onto any premises of the City any firearm, gun,
pistol or other similar item, regardless whether the person is licensed by the State of Texas
to carry a concealed weapon.
b. The following City of Huntsville employees are authorized to carry firearms or other
weapons when the firearm is issued to them or approved by the City:
1. Police;
IM
Security guards;
Court bailiffs; or
Specially deputized employees of the City.
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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; improper use of alcohol or drugs, including positive drug
or alcohol tests administered under these rules; refusal to undergo a properly ordered drug and /or
alcohol test; waste, damage, or unauthorized use of City property or supplies; unauthorized use
or disclosure of official information; 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. Types of Disciplinary Action.
a. 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 anytime that he or she may be
dismissed or otherwise disciplined for further unsatisfactory performance and /or conduct.
b. An FLSA exempt employee will not be subject to disciplinary pay- docking for less than
one (1) week increments, except for violations of major safety rules.
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. The written reprimand
shall be permanently noted in the employee's official personnel file.
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
M.
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.
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 that describes the
deficiency or infraction involved and states the likely consequence of further unsatisfactory
performance and /or conduct must be given to the employee. The suspension will be permanently
noted in the employee's official personnel file.
Section 6. Reduction in Pad.
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 that describes the deficiency or infraction
involved and 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 may be demoted. A written notice of demotion
must be given to the employee that describes the deficiency or infraction involved and states the
likely consequences of further unsatisfactory performance and /or conduct. The demotion will
be permanently noted in the employee's official personnel file, but the employee will 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 that describes the deficiency or infraction
involved.
Section _9.Pre- Deprivation Hearings.
a. 1. Before considering a complaint against a law enforcement officer, fire fighter, or
police officer employed by the City, the complaint should be reduced to writing,
signed and provided to the employee. See Texas Government Code § 614.021 et
seq.-
2. Before 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
47
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- deprivation hearing.
See Chapter 9, § 7 /Absence without Leave [Lost Time].
b. On or after 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
will be entitled to present an oral and written response.
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 anytime 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 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) 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 request for
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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
before the hearing date.
e. All hearings will be held at the City Hall of the City of Huntsville.
f. City Council will 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.
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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. Layoffs /Reorganizations.
The City may layoff an employee, transfer an employee to another position, or demote an
employee because of changes in duties or organization or for lack of work or funds. Whenever
possible, an employee will be transferred to a suitable position elsewhere. Whenever possible, the
City will give the employee at least two (2) weeks notice before the layoff or demotion.
The City will carry out layoffs or reorganizations based on demonstrated job performance and
efficiency, retaining the most proficient employees the longest. The City will use seniority
within City service to decide the order of layoff or reorganization among employees with
substantially equivalent records of job performance and efficiency, retaining the most senior
employees the longest. The City will layoff temporary employees before regular employees doing
similar duties. The City does not consider layoffs, transfers, or demotions resulting from
reorganizations as 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 no
longer meets the standards of fitness required for the position. The supervisor will decide
incapacity based on individual medical determination by competent authority as
prescribed by HRD. See also Chapter 10, § 5 /Physical Fitness.
b. Separation for incapacity will not be considered disciplinary action and will 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 stop such benefits if another person hires
the employee, the employee establishes meaningful employment, or the employee receives
a disability payment. See Chapter 4, § 6 /Medical Examinations and chapter 10,
5 5 /Physical Fitness.
50
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 employee's 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.
An employee on disability will not accrue additional holiday, vacation or personal leave
benefits.
Section 4. Retirement.
a. Eligible employees may separate from City employment by retirement according
to applicable programs. Regular employees will retire from City employment on
the last day of the calendar year in which their 70th birthday occurs. The City
may defer an employee's retirement with the employee's consent and with the
approval of the City Manager and City Council, provided, that the employee pass
an appropriate physical examination. The City will grant retirement deferments
on a year to year basis. See 42 U.S.C. § 300bb -1.
b. A retired employee, may continue health plan coverage at the same cost that the
City sets for regular employees or employee dependents if the retired employee
retires with eighty or more points (age plus service). The City will continue to pay
the retired employee's health plan cost as if the retired employee were an employee
of the City while that retired employee remains a member of the City's health
plan.
C. Except as provided in subsection b) above,
1. a retired employee who retires under the Texas Municipal
Retirement System with seventy or more points, or
2. the spouse or a dependent of a retired employee with seventy or more
points:
may purchase health plan benefits through the City's health plan to continue the health
plan coverage, if any, for the retired employee, spouse or dependent that they maintained
at the time of the employee's retirement from the City under the following conditions:
a) The retired employee, spouse or dependent, must pay in advance by bank
draft (ACH) the health plan cost established by the City for the employee,
spouse or dependent plus a two (2) percent administrative fee; and
b) The City will stop health plan coverage if payments are more than one month
delinquent; and
51
c) The scope of health plan coverage for retirees and their spouses or dependents
will be subject to the same terms and conditions, and changes to terms and
conditions, as that for regular employees and /or dependents.
d. To be eligible for health plan coverage, the City's health plan must cover the retired
employee, the retired employee's spouse and /or dependent at the time of the employee's
retirement from the City. The City will not permit the addition of new dependents to the
health plan after the employee's retirement. If a retired employee, or that retired
employee's spouse and /or dependents stop health plan coverage for any reason, then the
city will not permit the retired employee and /or spouse or dependent, as appropriate, to
reenter the City health plan.
e. If an employee dies while employed by the City with sufficient points to have retired,
then the City will treat the employee as a retired employee as of the date of death.
An employee that retires under any of the disability retirement options of the Texas
Municipal Retirement System (T.M.R.S.) will not be eligible for any of the health plan
benefits described in the section unless qualified by age and years of service as described.
In any event, the City requires a minimum of ten years employment service for the City
for any of the health plan benefits described herein.
g. 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. The Plan requires that each employee deposit 7% of their salary to the retirement
fund. The City makes a contribution equal to 14% of the employee's salary; however, the
employee vests to the City money only after 10 (ten) years service. Additional
information regarding T.M.R.S. is available through the Human Resources Division.
Eligible employees may retire with 20 years of service at any age or at age 60 with at least
ten (10) years of service.
h. The City does not participate in social security (the Federal Insurance Contribution Act).
City employment may adversely affect social security benefits.
Federal law requires employees hired by the City after March 31, 1986, to participate in
Medicare.
City 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 Personal Rules chapter 8, §S 10 and 11, above.
52
CHAPTER 13
REINSTATEMENT
Section 1. Following Layoff.
The City may recall to work a person whom it layed off, including a former temporary employee
separated upon completion of duties, anytime provided the person remains qualified to do the
duties of the position.
Section 2. Following Separation for Incapacity.
The City may reinstate a person who was separated for incapacity in his or her former type of
position, if available, within one (1) year following separation, provided the person removes the
reason for the incapacity to the satisfaction of the City, the person remains otherwise qualified
to do 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 will be eligible for reinstatement according to applicable Texas and federal laws.
See Personnel Rules chapter 9, § 4 above.
53
CHAPTER 14
GRIEVANCE PROCEDURES
Section 1. Notice to Supervisor.
The City encourages employees to informally take any job - related complaints or problems to
their immediate supervisors. Following informal 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 will 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 will be encouraged.
If the supervisor cannot satisfactorily resolve the employee's grievance within ten (10) calendar
days, then 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 City Manager.
Upon an employee's written appeal to the City Manager from a director's decision, the City
Manager may investigate the matter and shall render a written decision. The City Manager's
decision will 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.
54
CHAPTER 15
PERSONNEL FILES AND REPORTS
Section 1. Personnel Files.
The Human Resources Division will maintain the official personnel files for all City employees.
Unless otherwise provided by law, personnel files and information will be confidential and no
person may use or divulge this information 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 concerning
the employee and evaluation reports.
See also Texas Government Code chapter 552.
Section 2. Status Change.
Department directors will report changes in personnel status of their employees following
procedures developed by the Human Resources Division.
Section 3. Personnel Reports.
The Human Resources Division will 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; Separation Interview.
Before 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.
See Texas Labor Code chapter 61 (public employees are not however subject to the Texas Pay
Day Law).
55
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 and be off probation; or have eight(8) years law
enforcement experience, inclusive of three (3) years of supervisory experience with an
equivalent or larger size law enforcement agency 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 will consist of
multiple choice, fill -in the blank, and /or 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.
56
M
b) The Board shall initiate the following steps for Assessment Center:
1) constructing controlled exercises; and
2) notifying applicants of the Center agenda.
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.
Ranking Process - The Test Administrator will determine the final cumulative scores of
participants by the following formula:
1. Performance in Assessment Center
60 Points
2. Performance on written test
40 Points
3. Education and experience bonus points
10 Points
Variable to maximum; awarded as follows:
2.0 Points
a) Education
2.5 Points
30 college semester hours
1 Points
60 college semester hours
2 Points
90 college semester hours
3 Points
120 college semester hours
4 Points
Baccalaureate Degree
5 Points
b) Experience as a sworn police officer
One (1) Year
.5 Points
Two (2) Years
1.0 Points
Three (3) Years
1.5 Points
Four (4) Years
2.0 Points
Five (5) Years
2.5 Points
Six (6) Years
3.0 Points
Seven (7) Years
3.5 Points
Eight (8) Years
4.0 Points
Nine (9) Years
4.5 Points
Ten Years or more (10 +)
5.0 Points
57
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.
PERSONNEL RULES - APPENDIX A
Charter Officers - City Manager
At -will Employee
Salary
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.
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
59
or higher than that established by the personnel policies.
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.
•1
PERSONNEL RULES - APPENDIX B
Charter Officers - City Attorney
At -will Employee
Salary
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.
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.
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.
Financial Disclosure
61
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.
62
PERSONNEL RULES - APPENDIX C
Charter Officers - City Secretary
At -will Employee
Sam
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.
The City agrees to pay the City Secretary an annual base salary.
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
63
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.
Residen
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.
e
PERSONNEL RULES - APPENDIX D
Charter Officers - Municipal Court Judge
65
AMENDMENTS
DATE AMENDED
RESOLUTION NUMBER
3 -17 -81
81 -04
3 -09 -82
82 -03
4 -13 -82
82 -08
5 -04 -82
95 -07
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
ORDINANCE NUMBER
6 -07 -88
88 -09
7 -23 -91
91 -14
7 -27 -93
93 -21
8 -23 -94
94 -26
2 -28 -95
95 -07
9 -12 -95
95 -29
10 -03 -95
95 -33
12 -12 -95
95 -41
2 -13 -96
96 -04
9 -10 -96
96 -14
O
AMENDMENTS
DATE AMENDED
RESOLUTION NUMBER
3 -17 -81
81 -04
3 -09 -82
82 -03
4 -13 -82
82 -08
5 -04 -82
95 -07
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
ORDINANCE NUMBER
6 -07 -88
88 -09
7 -23 -91
91 -14
7 -27 -93
93 -21
8 -23 -94
94 -26
2 -28 -95
95 -07
9 -12 -95
95 -29
10 -03 -95
95 -33
12 -12 -95
95 -41
2 -13 -96
96 -04
9 -10 -96
96 -14
12 -17 -96
96 -24
..