(a) Charter provisions. Section 10, Chapter XVI of the city charter establishes the period of probation, when applicable.
(b) Purpose. The purpose of any probation is to determine that the employee can and will perform satisfactorily. The service of a probationary period or the successful completion of a probationary period does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city.
(c) Applicability.
(1) All employees in a classified or unclassified civil service position (including directors, assistant directors, and other managerial personnel designated by the city council of departments that are not exempt from civil service provisions under Section 9, Chapter XVI of the Dallas City Charter) serve a probationary period of six months after an initial appointment or a promotion.
(2) Non-civil service employees do not serve a probationary period after either an initial appointment or a promotion.
(3) No employee serves a probationary period after a lateral transfer or demotion.
(d) Initial probation. Until an employee in a classified or unclassified civil service position successfully completes probation required to be initially served after appointment or reappointment to city employment, the employee has no right to an internal appeal of a determination that the employee failed probation or of any subsequent termination of employment with the city. Even after serving an initial probation, appeal rights of department directors, assistant department directors, and other managerial personnel designated by the city council are limited by this chapter and Section 11, Chapter XVI of the Dallas City Charter.
(e) Promotional probation. Until an employee in a classified or unclassified civil service position successfully completes probation required to be served after a promotion, the employee has no right to an internal appeal of a determination that the employee failed probation or of any subsequent demotion. Even after serving a promotional probation, appeal rights of department directors, assistant department directors, and other managerial personnel designated by the city council are limited by this chapter and Section 11, Chapter XVI of the Dallas City Charter.
(f) A probationary period may be extended by the civil service board in the classified service or by the director of human resources, with approval of the city manager, in the unclassified service to include the entire training period of a formal apprenticeship training program or to allow six months on-the-job work performance or completion of any written prerequisites to employment. An employee will be informed in writing of the approval of such an extension.
(g) Notification of failed probation. Upon failing initial or promotional probation, an employee shall be immediately notified of the failure and:
(1) terminated, if serving an initial probation;
(2) given an opportunity to retreat, if serving a promotional probation and a right to retreat exists; or
(3) terminated, if serving a promotional probation and no right to retreat exists.
(h) Right to retreat.
(1) Right to retreat for certain positions.
(A) Right to retreat for classified and unclassified civil service civilian employees. If an employee is promoted into a classified or unclassified civilian civil service position and fails to complete probation in that position, whether voluntarily or because of nonsatisfactory performance, the employee maintains a right to retreat to the immediately former position, grade, and base hourly rate of pay or step, whichever is applicable if the immediately former position is vacant, provided that probation was completed in the immediately former position and the former position was a classified or unclassified civil service position. A department director, in their discretion, may allow an employee in the classified or unclassified civil service to retreat to a vacant comparable position if the immediately former position is no longer available.
(B) Right to retreat for classified civil service sworn employees. Promotion of any classified civil service sworn employee of the police and fire department shall not be deemed complete until a period of six months shall have elapsed from the date of appointment to the higher rank. If, during the six-month period, the promoted employee does not merit the promotion and it is recommended by the Chief of the department that the employee be reduced, then the employee so promoted shall be returned to the rank held by the employee at the time of promotion.
(2) Not applicable to certain positions. The right to retreat does not apply to an employee promoted to or from a position that is not a classified or unclassified civil service position or to an employee appointed to the position of director, assistant director, or other managerial personnel designated by the city council.
(3) Property interest not conveyed. An employee's right to retreat does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city. (Ord. Nos. 19340; 19932; 22296; 22318; 24873; 28024; 31745)