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(A) Types of appointments. All vacancies in the classified service shall be filled by rehire, transfer, demotion, or from eligibles on an appropriate employment list in the absence of persons eligible for appointment in these ways, provisional, or acting appointments may be made in accordance with these rules.
(B) Notice to Personnel Officer. Whenever a vacancy in the classified service is to be filled, the affected department head shall notify the Personnel Officer. The Personnel Officer shall advise the concerned department head as to the availability of applicants for reinstatement, transfer, or demotion and of eligibles on employment lists for the class. The department head shall then indicate a preference as to how the vacancy should be filled, with the exception, however, that if a reemployment list exists for the class, it shall be used to fill the vacancy.
(C) Appointments from lists. The concerned department head may select an eligible from the three persons holding the highest rating on an employment list. Whenever there are fewer than three names on a promotional or open list, the department head may request that an appointment be made from such eligibles or request the establishment of a new list. Upon making his selection, the department head shall immediately notify the Personnel Officer. The Personnel Officer shall then notify the appointing authority, and upon his concurrence, shall thereupon notify the person to be appointed.
(D) Promotion.
(1) Insofar as is practicable and consistent with the best interest of the city, vacancies within the classified service shall be filled by promotion from within the classified service as well as from city employees not part of the classified service, after a closed promotional examination has been given and a promotional list established.
(2) If, in the opinion of the concerned department head prior to the examination process, a vacancy in the position could be better filled by an open examination instead of a promotional examination, the department head may request the Personnel Officer to arrange for an open examination and for the preparation and certification of an eligible list. In addition, any city employee may participate in an open examination.
(E) Transfer. An employee may be transferred at any time from one position to another in the same or comparable class. No person may be transferred to a position for which he does not possess the minimum qualifications.
(F) Rehire. An employee who has resigned in good standing may be rehired without examination within two years after the effective date of his or her resignation to a position in his former or comparable class. A rehired employee shall serve a probationary period and in all respects be treated as a new employee.
(G) Provisional appointment. In the absence of employment lists and upon recommendation of the personnel officer, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. An employment list shall be estab-lished within six months for any position filled by provisional appointment. For purposes of classifica-tion and compensation, provisional appointees have the same status as hourly or temporary employees, except that regular employees on provisional appoint-ment to a higher class shall continue to receive supplemental benefits.
(H) Acting appointment. The appointing authority may temporarily appoint a regular employee who possesses the minimum qualifications for a higher class to act in that higher class and perform essentially the full range of duties allocated to a position in that higher class as needed to fill in for a regular employee. Acting assignments shall not exceed six months.
(Ord. 3898, passed - - ; Am. Ord. 4244, passed - -93)
(A) Length of probationary period.
(1) All original, reinstatement and promo-tional appointments shall be subject to a probationary period of one year. In each case, the appointee shall be informed on the length of the probationary period before he or she begins service. A leave of absence, other than vacation, in excess of two weeks shall cause the probationary period to be extended by the length of such leave.
(2) Prior to expiration of an employee's probationary period, the employee's supervisor with the approval of his department head, shall recommend to the appointing authority that one of the following actions be taken:
(a) Grant the employee permanent status.
(b) Extend the probationary period for a period not to exceed six months.
(c) Terminate original appointment employee or return promotional probationary employee to his former class.
(3) Notification to the Personnel Officer of the recommended action shall be accomplished by a performance evaluation on the employee completed within the 30-day period immediately preceding the date when the employee's probationary period is due to expire.
(B) Objective of the probationary period. The probationary period is part of the examination process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to his position.
(C) Termination of probationer. During the probationary period, an employee may be terminated or rejected without cause. Any employee rejected during, or at the expiration of, a probationary period following a promotional appointment shall be reinstated to the position from which he or she was promoted, and no probation period shall be served if the employee held permanent status in the position.
('86 Code, § 2.48.120) (Ord. 3898, passed - - )
(A) Leave of absence without pay. The Personnel Officer may grant an employee a leave of absence without pay for a period not to exceed six months. Any leave of absence for a period longer than six months may be approved at the discretion of the City Council. Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure of an employee on leave to report promptly at its expiration shall be cause for discharge. An employee on a leave of absence in excess of two weeks shall not receive or accrue any employee benefits.
(B) Attendance. Employees shall be in attendance at their work in accordance with rules regarding hours of work, holidays and leaves. Failure on the part of an employee, absent without leave, to return to duty after receipt of notice to return shall be cause for discipline. The preceding notwithstanding, an employee absent without leave for three consecu-tive work days shall be discharged unless the employee can present justification acceptable to the city for such absence.
(C) Additional employment. Any full-time employee desiring to accept employment in addition to his city employment shall secure the approval of the appointing authority and Personnel Officer. The employee may be required to furnish proofs that both he or she and the secondary employer will insure against all acts relating to the additional employment and hold the city harmless from liability arising out of the acts. Such approval shall not be given if the employment is incompatible with his or her city responsibilities. The incompatibility may arise from either the time or nature of the outside employment. In determining incompatibility, it shall be recognized that many city positions require employees to be available at times additional to their regular working hours.
('86 Code, § 2.48.130) (Ord. 3898, passed - - )
(A) Assignment of responsibility. Each depart-ment head shall be responsible for the provision of orientation, induction and on-the-job training and assisting in the continuing development of each employee in his department.
(B) Training time. Training to improve the quality of work of the employee in his or her present position shall be considered city business and may be conducted during or after regular working hours. Training to prepare an employee for promotion shall be on the employee's own time unless it is to the city's best interest to use work time, as determined by the respective department head with the approval of the Personnel Officer.
(C) Credit for training. Participation in the successful completion of training courses and activities may be considered in making advances and promotions. Evidence of such activity may be filed by the employee with the Personnel Officer.
('86 Code, § 2.48.140) (Ord. 3898, passed - - )
Acceptance of employment by an eligible candidate means that he or she has agreed to follow the city's safety rules and methods. It shall be the responsibility of the respective supervisors to promote safety consciousness among the employees and provide training of safe practices. The city's policy regarding safety incorporates the following considerations and conditions:
(A) Safety rules must be followed by all employees;
(B) The city shall provide all employees with safe working conditions and safety equipment deemed necessary by the city;
(C) Violators of safety rules are subject to discipline;
(D) An employee who is injured within the course and scope of employment must report for medical attention and notify his supervisor immediately.
('86 Code, § 2.48.150) (Ord. 3898, passed - - )
(A) Purpose of complaint and grievance pro-cedure. It is the city's purpose to provide an effective and acceptable system whereby employees can seek resolution of grievances or complaints on matters affecting their jobs. All levels of admini-stration and supervision are expected to inform and encourage employees to discuss matters affecting their employment.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLAINT. An allegation or charge that a wrong has been committed.
COMPLAINT PROCEDURE. The process by which a determination is made whether or not a wrong has been committed.
GRIEVANCE. An expressed claim by an employee that the city has violated, misinterpreted or misapplied an obligation to the employee as such obligation is expressed and written in the charter, code or this personnel ordinance.
GRIEVANCE PROCEDURE. The process by which the validity of a grievance is determined.
REPRESENTATIVE. A person who, at the request of the employee or management, is invited to participate in grievance conferences and complaint conferences as specified herein.
(C) Complaint procedure.
(1) The employee should review any complaint with his supervisor. The supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.
(2) If the action taken by his or her immediate supervisor is not satisfactory, the employee may take his or her complaint to successive levels of supervision, as determined by the chart of administrative organization, up to and including the City Manager. The employee may have a representative at complaint conferences at the department head level and above.
(D) Grievance procedure.
(1) Step one. The employee shall inform his or her immediate supervisor, orally or in writing, of his or her grievance and relevant facts within ten work shifts or business days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his or her immediate supervisor within two work shifts or business days after the employee has expressed the grievance. The immediate supervisor shall advise the employee of his or her decision within two work shifts or business days following the conference.
(2) Step two. If the grievance is not resolved in step one, the employee shall put the grievance in writing and submit two copies to his or her immediate supervisor and department head not later than five work shifts or business days following completion of step one. The written grievance shall include a citation of the sections of the charter, code or this personnel ordinance alleged to have been violated and the remedy sought by the employee. The department head shall review the grievance and meet with the employee and give his or her written decision to the employee within five work shifts or business days from receipt of the grievance.
(3) Step three.
(a) In the event the grievance is not resolved in step two, the employee may submit his or her grievance to the City Manager, or his or her designee, not later than five work shifts or business days following completion of step two. The City Manager, or his or her designee, shall have five work shifts or business days in which to review the matter. At the completion of his or her review, the City Manager, or his or her designee, shall render a decision in writing to the employee and other concerned parties. The employee may be represented by anyone of his or her choosing at the City Manager's, or his or her designee's, hearing.
(b) The decision of the City Manager, or his or her designee, shall be final in all cases.
(E) General provisions.
(1) No retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use.
(2) Forms for filing and processing grievances and other documents necessary under these procedures shall be prepared by the personnel officer and given appropriate distribution. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files.
(3) Failure at any step of this process to communicate the decision on the grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step.
(4) The grievant shall be present at all steps of the procedure.
(5) Failure at any step of the procedure to appeal a decision on a grievance within specified time limits shall be deemed acceptance of the decision rendered.
(6) The time limits specified at any step in this procedure may be extended by mutual agreement.
('86 Code, § 2.48.160) (Ord. 3898, passed - - ; Am. Ord. 4216, passed - - )
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