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ORD 1988-09 - Personnel Policy Adds Citizenship Status Requirement 06-07-1988ORDINANCE NO. 88- 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL RULES OF THE CITY OF HUNTSVILLE; PROHIBITING DISCRIMINATION ON ACCOUNT OF CITIZENSHIP STATUS; REQUIRING DOCUMENTATION FOR EMPLOYMENT; RESTATING THE APPLICABILITY OF THESE RULES IN CERTAIN SITUATIONS; SPECIFYING A PROCEDURE FOR TRANSFERS AND PROMOTIONS; MODIFYING RULES RELATED TO DISMISSAL OF PROBATIONARY EMPLOYEES; MODIFYING THE SCHEDULE OF EMPLOYEES EXEMPT FOR OVERTIME; LIMITING OVERTIME AND COMPENSATORY TIME IN CERTAIN SITUATIONS; CLARIFYING HOLIDAY LEAVE; PERMITTING USE OF SICK LEAVE FOR CERTAIN EMERGENCIES; PROVIDING RULES FOR EXTENSION OF INSURANCE COVERAGE TO CERTAIN EMPLOYEES AND DEPENDENTS; ALTERING EMERGENCY LEAVE PROVISIONS; PROVIDING CERTAIN INJURY BENEFITS FOR VOLUNTEER FIREMEN; RATIFYING THESE PERSONNEL POLICIES AS AMENDED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Section 2 of Chapter 1 of the Personnel Rules of the City of Huntsville, Texas, is amended to read: Section 2. Equal Opportunity Policy Affirmative action shall be taken to ensure equal employment opportunity in the City. Discrimination against any person in recruitment, examination, appointment, training, promotion, discipline, or any other aspect of personnel administration, membership or nonmembership in employee organizations, or because of race, color, national origin, citizenship status, marital status, or other nonmerit factors is prohibited. Discrimination on the basis of age or sex or physical disability is prohibited except where specific age, sex, or physical requirements constitute a bona fide occupational qualification. See also Affirmative Action Plan for Equal Opportunity Employment of the City of Huntsville (1977). Section 2: Section 3 of Chapter 1 of the Personnel Rules of the City of Huntsville, Texas, is amended to read: Section 3: Applicability These rules apply to all City employees except where inconsistent with State law. A person on retainer or under contract is not considered to be a City employee in the absence of a specific agreement to that effect. Nothing in these rules shall be construed to limit the power of the City Manager or department heads to issue and enforce reasonable personnel rules not in conflict with the state statutes or these rules. Nothing in these rules shall be construed as an employment contract. Section 3: Chapter 1 of the Personnel Rules of the City of Huntsville, Texas, is hereby amended by the adoption of a new Section 7 that shall read as follows: Section 7: Definitions Unless otherwise specifically provided, "day" shall mean eight hours. Unless otherwise specifically provided, "time actually worked" or "actual work" shall mean the time the employee is actually on duty, on vacation leave, on compensatory time, or on a Council declared holiday, but shall not include time the employee is on sick leave, emergency leave or authorized leave without pay. Section 4: Section 2 of Chapter 2 of the Personnel Rules of the City of Huntsville, Texas is amended to read: The Personnel Division shall publicly announce all vacancies to be filled in the City personnel system. Positions to be filled by administrative transfer, temporary promotion, or reinstatement may be announced by three days posting in prominent places at all City job centers. All other vacancies shall be advertised in the City's official newspaper. Each announcement, insofar as practicable, shall specify the job title, salary range, and nature of the job; the required qualifications; the type of selection procedure to be utilized; and the deadline for and method of application. Each announcement shall contain a statement affirming the City's commitment to a policy of equal employment opportunity. See also City's Affirmative Action Plan (1977) Section 5: Section 4 of Chapter 4 of the Personnel Rules of the City of Huntsville, Texas, is amended to read: Section 4: Appeal of Failure of Probation An employee failing probation shall have no right of appeal except on the grounds of discrimination prohibited either by these rules or by law. A written notice of dismissal must be given to the employee which describes the reasons for failure of probation. The employee's supervisor shall conduct a predeprivation hearing prior to discharge of the employee. The employee may appeal in writing to the City Manager within five (5) working days following failure of probation. Section 6: Chart 7.3, Exempt Employees, is amended to read: Salaried Employees Assistant to Director of Engineering Design Associate Judge Chief Building Official Fire Chief Librarian Planner 11 Programmer 11 Project Coordinator Superintendent 1 Superintendent 11 Supervisor V Tax Assessor/Collector Open-Salaried Employees City Attorney City Manager City Secretary Director of Community Development Director of Engineering Design Director of Finance Director of Planning Director of Public Safety Director of Public Utilities Director of Public Works Municipal Court Judge Section 7: Section 10 of Chapter 2 of the Personnel Rules of the City of Huntsville, Texas, is amended to read: Section 10: Disqualification An applicant shall be disqualified from consideration if he or she: a. does not meet the qualifications necessary for performance of the duties of the position involved; b. has made a false statement of material fact on the application form or supplements thereto; c~ has committed or attempted to commit a fraudulent act at any stage of the selection process; d. cannot provide verification of work authorization and identity. Any applicant may be disqualified from consideration upon other reasonable grounds relating to job requirements. Section 8: Chapter 3 of the Personnel Rules of the City of Huntsville, Texas, is hereby amended by the addition of a new Section 7 that shall read as follows: Section 7: Verification of Identity and Work Authorization The Personnel Division shall verify, by examining existing documents, the work authorization and identity of all individuals prior to appointment. A copy of those documents shall be made part of the employee's permanent files. See also Immigration Reform & Control Act 1986. Section 9: Section 3 of Chapter 7 of the Personnel Rules of the City of Huntsville, Texas, is amended to read: Section 3: Overtime a. Regular Employees Overtime, when ordered, shall be allocated as evenly as possible among all employees qualified to do the work. Employees will work overtime only at the discretion of the supervisor or Department Director. Overtime pay shall be paid only when an employee actually works more than forty hours in one (1) work week. Overtime shall be compensated by pay at one and one -half (1.5) times the employee's regular hourly pay rate. b. Certain Administrative Employees Exempt employees (executive, administrative, supervisory, and professional status employees) who are not in open salaried positions shall, at the Department Director's discretion, be compensated for overtime by pay at the employee's regular hourly pay rate; provided, however, overtime shall not be paid unless the person actually works for more than forty (40) hours in one week. (See Chart 7.3, Exempt Employees.) c. Open Salaried Employees Exempt employees who are in open salaried positions do not receive any compensation for overtime. The are expected to work as many hours as necessary to complete their work. (See Chart 7.3, Exempt Employees.) Section 10: Section 4 of Chapter 7 of the Personnel Rules of the City of Huntsville, Texas, is amended to read: Section 4: Compensatory Time a. Regular Employees An employee qualified to receive extra pay for overtime may, with approval of the Department Director, elect to receive compensatory time off in lieu of extra pay. An employee other than a police officer may, at the discretion of the Department Director, be required to receive compensatory time off in lieu of extra pay. All compensatory time will be accrued at a rate of time and one - half; provided, however, compensatory time cannot be accrued unless the person actually works more than forty hours in one week. b. Certain Administrative Employees Exempt employees qualified to receive extra pay for overtime may, with approval of the Department Director, elect to receive compensatory time off in lieu of extra pay. All compensatory time will be accrued at a rate of straight time; provided, however, compensatory time cannot be accrued unless the person actually works more than forty (40) hours in one week. c. Open Salaried Employees Exempt employees who are in open salaried positions may not accrue compensatory time. d. Limitation on Compensatory Time The maximum amount of compensatory time that an employee may accrue and accumulate is forty (40) hours. If an employee has accrued a balance of forty (40) hours compensatory time, overtime must be paid in cash. Compensatory time leave shall be authorized within a reasonable time. Use of all compensatory time must be approved in advance by the Department Director. Accrued balances of compensatory time at the termination of employment shall be paid at a rate not less than the average pay rate received by such employee over the last three years employment or the employee's final regular pay rate, whichever is higher. Section 11: Section 5 of Chapter 7 of the Personnel Rules of the City of Huntsville, Texas, is amended to read: Section 5: Insurance and Retirement E l i g i b l e employees who work more than thirty (30) hours a week in budgeted permanent positions shall receive insurance and retirement benefits as prescribed in the applicable programs. Part -time employees shall not participate in such programs. Dependents covered by the City's medical plan are entitled to continue medical coverage for up to 36 months if they are: (1) the surviving spouse and /or children of a deceased employee; (2) a separated or divorced spouse and /or children of a covered employee; or (3) losing coverage because of age. Employees and /or their dependents covered by the City's medical plan are entitled to continue medical coverage for up to 18 months if the employee's medical benefits are terminated because of: (1) reduction of hours worked or layoff; (2) resignation; or (3) termination due to conduct other than gross misconduct. Individuals eligible for continuation of coverage must elect to continue coverage within sixty days of the event otherwise terminating coverage and must pay for the coverage monthly. The City may terminate coverage prior to the applicable 18 or 36 month extension if: (1) the City terminates its health plan for all employees; (2) the person fails to pay the monthly premium; or (3) the person becomes covered by another health plan or medicare. Section 12: Section 1 of the Chapter 8 of the Personnel Rules of the City of Huntsville, Texas, is hereby amended to read: Section 1: Holidays New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving (last Thursday and Friday in November), Christmas (December 25th and an additional Christmas holiday to be determined by Council), the employee's birthday or any other recognized State, Federal or religious holiday with Department Director approval after five (5) days notice, and such other days as may be declared by the City Council shall be observed as official holidays for City employees in accordance with this section. a. As many employees as possible shall be given each holiday off consistent with the maintenance of essential City functions. b. Temporary part -time and temporary full -time employees may be granted unpaid holidays. Permanent part -time employees shall be entitled to a partially paid holiday if the holiday is a regularly scheduled workday. c. A regular employee who works on a holiday as directed shall be paid for the time worked at his regular hourly pay rate and shall either be compensated by additional pay at one and one -half (1.5) times the employee's regular hourly rate for the hours actually worked or, with permission of the Department Director, accrue a day of holiday leave. d. An exempt salaried employee who works on an official holiday as directed shall be paid for the time worked at his regular hourly pay rate and shall either be paid at their regular hourly pay rate for the hours actual worked or with permission of the Department Director, accrue a day of holiday leave. e. An open salaried exempt employee who works on an official holiday gets nothing. g. If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls on Sunday, the following Monday shall be observed. An employee in leave of absence without pay status on the holiday or on the scheduled work day immediately preceding or following shall not receive pay for the holiday. h. Employees desiring to observe religious holidays not coinciding with official holidays may be given time off without pay or may be authorized to use accrued vacation leave. i. No employee may accrue more than four (4) days of holiday leave except for extenuating circumstances approved in writing by the City Manager. J For purposes of scheduling a holiday, a holiday shall have an hour value equal to the employee's regularly scheduled shift or workday. k. No person shall be entitled to additional holiday compensation at more than their regular hourly pay rate for more than 10 hours worked on any holiday unless approved by the City Manager. Section 13: Section 3 of Chapter 8 of the Personnel Rules of the City of Huntsville, Texas, is amended to read: Section 3: Sick Leave Regular full -time employees shall be allowed sick leave with full pay in accordance with the following rules: a. A full -time employee shall earn twelve (12) days of sick leave per year at the rate of one day per month, provided, however, that an employee cannot use sick leave until he has six months continuous service with the City. b. Sick leave shall not accrue for any month during which an employee is in pay status for less than half the standard number of paid days for his or her type of job. c. Accumulation of sick leave credits for use during employment shall be unlimited. Sick leave credits will not be restored upon rehire. d. Sick leave may be taken in increments equivalent to one hour of work because of personal illness, injury, legal quarantine, or routine health care appointments which cannot reasonably be scheduled outside of working hours. e. The City Manager or Department Head may request and obtain verification of the circumstances surrounding any use of sick leave. f. Accrued vacation leave may be used to supplement sick leave. Pay shall be discontinued when authorized leave is exhausted. g. An employee who becomes ill or injured during a vacation may, with proper documentation, request that the vacation be terminated and the time of the illness or injury be charged to sick leave. h. Employees with five years of continuous service who are separated for any reason including disability or retirement shall be paid for any accrued sick leave as follows: Sick Leave Accrued Up to 400 hours Over 480 hours but less than 1200 hours Over 1200 hours Amount Paid at Termination 0% 25% 50% j. Department heads, after ascertaining the exact circumstances, may permit a regular employee to use sick leave in the event of disaster, serious injury, or serious or contagious illness involving the employee's dependents. Department heads, after ascertaining the exact circumstances, may permit an employee to use up to three sick leave days per calendar year in the event of a death, serious injury, or serious illness within the employee's immediate family. k. Regular part-time and temporary employees shall not accrue sick leave. 1. An employee shall notify his immediate supervisor or the Director prior to the time set for beginning work in order to receive compensation for sick leave. Section 14: Section 5 of Chapter 8 of the Personnel Rules of the City of Huntsville, Texas is hereby deleted. Section 15: Section 10 of Chapter 8 of the Personnel Rules of the City of Huntsville, Texas, is hereby amended by the addition of a new paragraph that shall read: A part-time (volunteer) firefighter may receive worker's compensation and injury leave benefits pursuant to the following rules: a. The firefighter may receive applicable worker's compensation benefits. b. The firefighter may receive applicable state disability and/or pension benefits. c. The firefighter may receive for up to six (6) months a payment of $100 per month for fire calls missed due to the Section 16: The personnel policies of the City of Huntsville, Texas, as amended are ratified. Section 17: This ordinance shall take effect from and after ~» 1988. CITY OF INTSVILLE By - ane nday, Mayor y of ATTEST: h DeShaw, C y Secretary AS TO FORM: Scott Bounds* City Attorney This document typed by: B. LeNorman