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RESO 1985-03 - Personnel Policy AmendmentsRESOLUTION NO. 85- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the adoption of a new City Organizational Chart, attached hereto as Exhibit A, to be known as Chart 1.1 of the Personnel Policies. Section 2. Chapter 2, Sections 7 and 8, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 7. Nondisciplinary Demotions With the approval of the City Manager and if qualified to perform duties of the lower level position, an employee may be administra- tively demoted at his or her own request, as an alternative to layoff, or as a part of a City Council approved reorganization. Such demotions . . . Section 8. Applications All information submitted in connection with applying for City positions is subject to verification. The City shall require such releases as necessary to investigate an applicant's medical, workers compensation, educational, employment, criminal and driving histories. Section 3. Chapter 4, Sections 2 and 3, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 2. Purpose (See also disciplinary probations, Chapter 10.) Section 3. Failure of Probation A new employee who fails probation may be separated from City employment. The new employee, if terminated during this period, will have accrued no benefits nor be eligible for any termination compensation. If desirable and feasible, the employee may be administratively transferred to a more suitable position. A newly - promoted employee who fails probation may be returned to his or her former type of job, if available, and may be eligible for considera- tion for later advancement. Section 4. Chapter 5, Section 1, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended in part to read as follows: Section 1. Performance Evaluation Report The work performance of each regular employee shall be evaluated in accordance with procedures developed by the City Manager. An employee shall be evaluated at each merit date or on their anniversary date after reaching top of scale. Special evaluations may be made if authorized by the department head and /or the City Manager. Probationary employees shall be evaluated prior to the completion at the midpoint of their probation. Section 5. Chapter 6, Sections 2 and 5, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 2. Effect of Reclassification An employee in a position that is reclassified from one salary range to another shall be entitled to continue to serve in the position with unimpaired status if the duties and responsibilities of the position are not significantly changed or if the employee substantially meets the qualifications prescribed for the new class. Section 5. Review of Salary Ranges Section 6. Chapter 7, Section 2.c., of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended in part to read as follows: Section 2. Administration of Range /Step Salary Schedules c. Merit increases within ranges may be granted as specified in the compensation plan upon recommendation of department heads and approval by the City Manager. Careful consideration to the ability and production record of each employee shall be given before such step increases are granted. An employee in probationary status shall NOT be eligible for merit increases. Section 7. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chart 7.3 Exempt Employees, as presently constituted, and by the adoption of a new Chart 7.3 that shall read as follows: Chart 7.3 Exempt Employees Salaried Employees Superintendent I Superintendent II (except Fire Department) Programmer II Supervisor V Inspector III Librarian Project Coordinator Tax Assessor /Collector Police Captain Planner II Open- Salaried Employees City Attorney City Secretary Municipal Court Judge City Manager Director of Planning Director of Internal Services Director of Public Works Director of Community Development Director of Public Safety Director of Finance Director of Public Utilities Director of Engineering Design Section 8. Chapter 7, Sections 4 and 5, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 4. Compensatory Time d. Limitation on Compensatory Time If any employee requests and accrues compensatory time, the employee cannot under any circumstances later receive pay for that accrued time. An employee must use all compensatory time within the calendar year that it is accrued. An employee forfeits all accrued compensatory time not used before January 1. Section 5. Insurance and Retirement Eligible 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. Section 9. Chapter 8, Section 1, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended by the addition of Subsection h. which shall read as follows: h. No employee may accrue more than four (4) days of holiday leave except for extenuating circumstances approved in writing by the City Manager. Section 10. Chapter 8, Section 6, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended in part to read as follows: Section 6. Administrative Absence With Pay The City will make every attempt to offer the 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 supervisor. Section 11. Chapter 9, Section 1, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended to read as follows: Section 1. Attendance Employees shall be at their places of work in accordance with City and departmental policies and regulations. Department heads shall establish work schedules and maintain daily employee attendance records. Full -time City employees work forty hours per week unless otherwise directed by the City Manager. Section 12. Chapter 9, Section 3, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended by the deletion of Subsection c. Section 13. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chapter 9, Section 8, as presently constituted, and by the addition of a new Section 8, that shall read as follows: 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, City personnel department 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. Tex.Rev.Civ.Stat. art. 6687b. b. If a job assignment requires an employee to operate or drive a city vehicle, the employee shall possess a drivers license. 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, City vehicles shall not be used for personal business. d. An employee that has an accident while operating a City vehicle shall immediately notify both the Police Department and their supervisor. Section 14. Chapter 9, Section 10 of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended to read as follows: Section 10. 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 supervisor shall reduce such report to writing within one (1) day if such incident involves personal injury or damages or loss to any property in excess of $50.00. . . . Section 15. The Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended by the addition of a new Chapter 9, Section 12, that shall read as follows: Section 12. Sexual harassment Sexual harassment, including sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature, of any employee by another City employee is prohibited if such conduct interferes with an 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 Personnel Division. Section 16. Chapter 10, Sections 1, 2 and 8, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 1. Grounds for Disciplinary Action . . . Nothing herein shall, however, limit the authority of City Council to remove officers appointed by Council. Section 2. Types of Disciplinary Action . . . Formal disciplinary action shall include written reprimand, disciplinary probation, suspension, reduction in pay, demotion and dismissal. . . . Section 8. 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 an employee against whom disciplinary action is taken alleges that the reasons given for such action are false, then such action shall be stayed pending appeal. 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 . . . The City Manager shall render a final written decision within ten (10) days. Section 17. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chapter 10, Section 9, as presently constituted, and by the addition of a new Chapter 10, Section 9, which shall read as follows: Section 9. Appeal of Certain Disciplinary Action to City Council 1. 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. 2. The petition shall contain the employee's signature, his home address and a statement indicating whether he wants a public or private hearing. 3. If timely filed, the Council shall hold a hearing not less than six (6) days or more than twenty (20) days from such petition. 4. 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. 5. All hearings shall be held at the City Hall of the City of Huntsville. 6. 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 18. Chapter 11, Section 2 of the Personnel Rules of the City of Huntsville, Texas, is hereby amended to read: Section 2. Layoffs /Reorganizations An employee may be laid off, transferred to another position, or demoted because of changes in duties or organization or for lack of work or funds. Whenever possible, an employee shall be transferred to a suitable position elsewhere. Whenever possible, at least two weeks' notice shall be given an employee prior to layoff or demotion. Layoffs or reorganizations shall be carried out on the basis of demonstrated job performance and efficiency, with the most proficient employees being retained the longest. Seniority within City service shall be used to determine the order of layoff or reorganization among employees with substantially equivalent records of job performance and efficiency, with the most senior employees being retained the longest. Temporary employees shall be laid off before regular employees performing similar duties. Layoffs, transfers or demotions resulting from reorganizations shall not be considered disciplinary actions. Section 19. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the deletion of Chapter 12, Section 4, as presently constituted. Section 20. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the deletion of the second paragraph of Section 2, Chapter 13, as presently constituted; and by the deletion of Section 4, Chapter 13, as presently constituted; and by changing Section 5 to read "Section 4 ", Chapter 13. Section 21. This resolution shall take effect immediately upon its passage by City Council. PASSED AND APPROVED this the '7'd ay of ATT uth DeShaw, ity ecretary APPROVED AS TO FORM: e Scott Bounds, City Attorney , 1985. THE CITY OF HUNTSVILLE By iam . Nash, ayor