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RESO 1985-15 - Amend Personnel PolicyRESOLUTION NO. 85 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 10, SECTIONS 8, 9 AND 10, OF THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE, TEXAS, TO AMEND THE RULES FOR PRE- DEPRIVATION HEARINGS; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Chapter 10, Section 8, of the Personnel Policies of the City of Huntsville, Texas, is hereby amended as follows: Section 8. Pre - deprivation Hearings a. Prior to taking any disciplinary action under Sections 4 52_ 6 or 7 above, a written notice of the proposed disciplinary action describing the employee's alleged deficiency or infraction shall be given to the employee subject to the disciplinary action. If the employee is absent without leave, notice of disciplinary action shall be mailed to the employee at his last known address by certified mail, return receipt requested. The notice shall establish the time for a pre - disciplinary hearing. (See Chapter 8,_ Section 8. Absence without Leave (Lost Time)) b. On the second working day following notice of the proposed disciplinary action, the employee's supervisor shall conduct a pre- deprivation hearing. At the pre- deprivation hearing, the supervisor shall review the written charges and explain the evidence related to them. At that hearing, the employee against whom the disciplinary action is proposed shall be entitled to present an oral and written response. c. An employee may not be suspended, demoted or terminated until the completion of the pre- deprivation hearing. If the supervisor perceives a significant hazard in keeping the employee on the job, the supervisor may suspend the employee with pay pending the pre- deprivation hearing. d. Upon completion of the pre- deprivation hearing, the Supervisor may withdraw, amend, or issue the notice of disciplinary action. Section 2: Chapter 10, Section 9, of the City of Huntsville Personnel Policies is hereby amended as follows: Section 9. Appeal of Disciplinary Action to City Manager a. Formal disciplinary action taken under this Chapter may be appealed in writing directly to the City Manager within five working days following notice of the action. b. The action may be stayed pending decision on the appeal or may take effect at any time after issuance of the notice as determined by the City Manager. if aR ersp4eyee aga4Rst where d4se4p44nawy aetien 4s taken a44eges that the eases Oven few sueh aet4en are fa4se; then sueh aet4eR she44 be stayed pending appea4T c. Upon request, an employee against whom disciplinary action is taken shall be entitled to present a written response to said action and to appear personally before the City Manager, with or without counsel. All parties shall have the opportunity to present and cross examine witnesses who appear. The City Manager, following careful investigation shall have broad authority to approve, disapprove, modify, increase, or rescind any disciplinary actions taken or proposed. The City Manager shall render a final written decision within ten (10) days of the close of the hearing. Section 3: Chapter 10 of the City of Huntsville Personnel Policies is hereby amended by the addition of a new Section 10 that shall read as follows: Section 10. Appeal of Certain Disciplinary Action to City Council a. An employee who, after appeal to the City Manager, is terminated or is suspended without pay for five (5) working days or more, may file a written petition with the City Secretary requesting a hearing on such personnel action within fifteen (15) days after the City Manager's decision. b. The petition shall contain the employee's signature, his home address and a statement indicating whether he wants a public or private hearing. c. If timely filed, the Council shall hold a hearing not less than six (6) or more than twenty (20) days from such petition. d. Notice of the hearing date shall be given to the employee either by personal service or by certified mail, return receipt requested, through the City Secretary at least five (5) days prior to hearing date. e. All hearings shall be held at the City Hall of the City of Huntsville. f. City Council shall render a written decision within ten (10) days of the close of the hearing. (Cross- reference City of Huntsville Charter Section 4.13; Ordinance No. 80 -5, Codifying City of Huntsville Code of Ordinances Section 2 -2 et seq.) Section 4: This resolution shall take effect immediately upon its passage by City Council. PASSED AND APPROVED this the day of ATTEST: .010r/ uth DeShaw, City Secre ary APPROVED AS TO FORM: Scott Bounds, City Attorney 1985. THE CITY OF HUNTSVILLE, TEXAS By Jan . Auf A onday, Mayor 41&•./.11,4•0;