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(a) Temporary employees.
(1) Appointments. An employee is designated as temporary when appointed to any of the following:
(A) an assignment less than six months in duration;
(B) a position funded under a federal employment and training program as a participant meeting federal eligibility requirements, but not including administrative or staff positions;
(C) positions in the city’s temporary help service program;
(D) a cooperative work-study program with an educational institution;
(E) a seasonal position, even though the assignment may last more than six months;
(F) a position that is intended to give introductory work experience to a person preparing for entry into the work force; and
(G) a position scheduled to work less than 20 hours per week.
(2) Release. A temporary employee does not serve probation and may be released at any time without right of internal appeal.
(b) Permanent employees. An employee is designated as permanent when appointed in any situation not defined as temporary under Subsection (a). Exceptions to this subsection must be approved by the director of human resources. Nothing in this provision conveys a contract of employment with the City of Dallas and nothing in this provision is intended to be a term of a contract when combined with any other document, instrument, or writing.
(c) Full-time and part-time status. An employee is designated as:
(1) full-time when appointed on a work schedule that is at least 40 hours per week or averages 40 hours per week;
(2) part-time when appointed on a work schedule that:
(A) is less than the usual work schedule of the unit to which the employee is assigned; or
(B) averages less than 40 hours per work week.
(d) Special appointments. An employee is designated as a special appointment when the appointment is:
(1) to a special body or commission not fully under the jurisdiction of the city, but where the employee is carried on the city payroll for administrative purposes;
(2) a mobility appointment under the federal Intergovernmental Personnel Act; or
(3) a cooperative appointment with another agency or organization. (Ord. Nos. 19340; 19473; 22026; 24873; 31745)
(a) Employees.
(1) A permanent full-time employee is eligible for employee benefits, including, but not limited to, paid leave as provided in this chapter, health benefit plan participation, life insurance, and retirement benefits. Benefits may be changed at any time subject to applicable law and subject to city council approval when required, for any lawful reason, including budget constraints.
(2) An employee hired in a classification other than permanent full-time is eligible for benefits in accordance with federal law and as described in the applicable plan documents.
(3) A temporary employee is entitled to holiday pay in accordance with Section 34-25(b).
(a) Retrieving continuous full-time service.
(1) A person who is reappointed as a city employee retrieves previous continuous full-time service earned during the immediately preceding period of full-time city employment if the person:
(A) previously had completed at least six months, but less than five years, of continuous full- time service with the city; and
(B) is reappointed within one year after termination of the previous city employment.
(2) A person who is reappointed as a city employee retrieves previous continuous full-time service earned during the longest single preceding period of full-time service if the person:
(A) previously had completed at least five years of continuous full-time service with the city; and
(B) is reappointed within 10 years after termination of the previous city employment.
(3) Continuous full-time service retrieved under this subsection will be for purposes of determining all service related benefits except retirement benefits. Service credit for retirement and pension programs is defined in the governing documents, ordinances, and statutes establishing those programs.
(b) Probation. A reappointed employee who retrieves service under Subsection (a) of this section must serve a new probation period, if applicable, starting with the reappointment date. 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) Pay grade within one year. When a person is reappointed to the same classification or to a comparable one within one year after termination of prior city employment, the person may be returned to the same salary level held before termination. The date of reappointment determines the date of eligibility for a pay increase.
(d) Reappointment with no service time retrieved. A reappointed employee will be governed by regulations applying to new appointments if the employee is ineligible to retrieve continuous full-time service under Subsection (a) of this section after a break in service.
(e) Return from military service. Reappointment of an employee from military service must be in accordance with Section 34-30 of this chapter and administrative directives established pursuant to that section. (Ord. Nos. 19340; 22296; 22318; 24873; 25663; 28024)
(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)
(a) Demotion means a reduction in grade with a resulting decrease in salary. Demotions are not necessarily the result of or limited to reductions in grade resulting from disciplinary action. Department directors, assistant department directors, and other managerial personnel designated by the city council may be reduced in grade without a right to an internal appeal.
(b) Salary adjustment. If an employee who has completed probation is demoted by the employee’s own election, demoted as a result of a reduction in force, or demoted in a disciplinary action, the employee’s salary will be adjusted as outlined in the administrative directives of the city and in accordance with city council- approved salary schedules for the demoted position. (Ord. Nos. 19340; 22296; 22318; 24873)
(a) Processing promotional transfers. A supervisor shall process an employee transfer that results in promotion within two weeks following notification of the employee’s intent to accept the promotion. The director of human resources must approve exceptions to this subsection.
(b) Reassignments. A department director may reassign positions and staff within a department to provide for the best interest of the employee or the department. An employee may not grieve a reassignment, including situations in which the employee:
(1) was involuntarily reassigned; or
(2) applied for and was not selected for the reassignment.
(c) Transfers. An employee who applies for a transfer must meet the minimum qualifications of the requested position. The following procedures apply to a transfer:
(1) Present and prospective supervisors shall cooperate in considering and processing a transfer when operations of the transferring or receiving department are not impaired and department directors for both departments agree to the transfer. Supervisors shall process the release of an employee transfer within a reasonable time following notification of the employee's intent to accept the transfer.
(2) An employee who is transferred has no right to return to the immediately former position or a comparable position.
(3) An employee who accepts a transfer is not guaranteed the same base hourly rate of pay held in the immediately former position.
(d) Retention of benefits. A transferred employee maintains all benefits, including accrued leave, subject to the provisions of this chapter.
(e) Retirement plans. An employee who transfers to a position that is covered by a different retirement program than the one that covered the employee’s previous position with the city must change membership to the appropriate employee retirement program. (Ord. Nos. 19340; 22026; 22296; 22318; 24873; 31745)
(a) Classification. A termination is classified as follows:
(1) resignation;
(2) discharge;
(3) reduction in force; or
(4) administrative.
(b) Death during working hours. An employee who dies during working hours will be paid as if the employee had worked the entire regular work day.
(c) Benefits. Benefits due a terminating employee are stipulated elsewhere in this chapter under the sections pertaining to the respective benefit. (Ord. Nos. 19340; 24873; 28024)