PART 1 EMPLOYEE RULES AND REGULATIONS 1

SECTION:

1.4.101: Applicability

1.4.102: Personnel Policies And Procedures

1.4.103: Reports Required

1.4.104: Deliver Property To Successor

1.4.105: Candidates For Election

1.4.106: Kickbacks To City Employees Prohibited

1.4.107: Retaliation Against Employees Prohibited

1.4.108: Authority To Subpoena

 

Notes

1	1. Prior ordinance history: Ord. 730; Ord. 1104; 1968 Code §§1-120, 1-121, 1-125, 1-126; Ord. 75-57; Ord. 77-150; 1980 Code; Ord. 90-58; Ord. 91-140; Ord. 93-82; Ord. 95-160; Ord. 98-185; Ord. 01-42; Ord. 04-178.

1.4.101: APPLICABILITY:

Unless otherwise provided, the provisions of this article shall be applicable to all employees of the Municipal government, referred to as "City" in this part and part 2 of this article. (Ord. 11-18)

1.4.102: PERSONNEL POLICIES AND PROCEDURES:

   A.   In accord with Charter subsection 3-10(f), the City Council shall review and approve by ordinance personnel policies and procedures for all City employees, including civil service employees, but specifically excluding employees of the Utilities and MHS Enterprise. The Chief Executive Officer of Utilities and the MHS Enterprise Board of Trustees shall promulgate personnel policies and procedures and make any changes as deemed necessary for employees of those enterprises. Unless otherwise provided, these policies and procedures shall apply to employees as designated by their respective organization. The policies and procedures are not intended to be an express or implied contract. It shall be the responsibility of each employee to be familiar with these policies and procedures.

   B.   The Mayor or the Mayor's designee shall submit proposed changes to the manuals to City Council on a formal agenda. City Council may accept the changes by motion. If Council accepts, the proposed changes shall automatically become effective and be incorporated into the approved policies and procedures. If the Council rejects the proposed changes, the Mayor may resubmit the same or different proposed changes to Council at a future meeting.

   C.   The City retains the sole right to modify, suspend, interpret or cancel in whole or in part the provisions of any policies and procedures at any time, and for any reason, with or without notice. (Ord. 11-18; Ord. 12-83; Ord. 15-62; Ord. 18-41)

1.4.103: REPORTS REQUIRED:

In addition to any reports required to be made by ordinance, all officers and employees of the City shall provide to their respective Council or Mayoral appointee or to City Council, verbally or in writing as and when requested, reports relating to nonconfidential personnel matters. (Ord. 11-18)

1.4.104: DELIVER PROPERTY TO SUCCESSOR:

The Mayor and every employee of the City shall, prior to separation from the City, deliver to the appropriate City official all books and property in the employee's possession belonging to the City or relating to the City employment. (Ord. 11-18)

1.4.105: CANDIDATES FOR ELECTION:

Any employee of the City who files a candidate nomination petition for any elective office of the City shall immediately terminate employment with the City. Any employee of the City who files a statement of candidacy or a candidate affidavit for any elective office of the Federal Government, the State of Colorado, the County of El Paso, or any school district lying wholly or partly within the City limits or within the service area of the Utilities, shall immediately terminate employment with the City unless first having obtained the consent of the Mayor or a majority of City Council, as appropriate. Any employee of the City who is elected or appointed to any elective office of the Federal Government, the State of Colorado, the County of El Paso, or any school district lying wholly or partly within the City limits or within the service area of the Utilities shall immediately terminate employment with the City upon acceptance of such elective office unless this requirement is waived by the Mayor or a majority of City Council, as appropriate. (Ord. 11-18; Ord. 17-21; Ord. 21-20)

1.4.106: KICKBACKS TO CITY EMPLOYEES PROHIBITED:

It shall be unlawful for any person acting in the capacity of a City officer or employee, to solicit or receive any money or other thing of value from any other person which results in a referral of business to any other person or the receipt of any monetary or equivalent benefit by any other person. (Ord. 11-18)

1.4.107: RETALIATION AGAINST EMPLOYEES PROHIBITED:

   A.   Except as provided in subsection B of this section, no appointing authority or supervisor shall initiate or administer any disciplinary action, deny a promotional opportunity, write an adverse job performance evaluation or in any way adversely affect an employee on account of the employee's disclosure of information. This section shall not apply to:

      1.   An employee who discloses information that the employee knows to be false or who discloses information with disregard for the truth or falsity of the information.

      2.   An employee who discloses information from public records which are closed to public inspection pursuant to the Colorado Public Records Act.

      3.   An employee who discloses information which is confidential under any other provision of law.

   B.   It shall be the obligation of an employee who discloses information under this part to make a good faith effort to provide to the supervisor, appointing authority or member of the City Council, the information to be disclosed prior to its public disclosure. (Ord. 11-18)