(A) In the event the executive officer, Board, and/or department head determines that a vacancy exists, a notice of such position opening shall be conspicuously posted for a period of five working days on employee bulletin boards, or electronic bulletin boards, and emailed to each department head throughout the city. The notice shall include the date of posting, as well as the date the notice expires. The department heads should notify the executive officer, or his or her designee, to coordinate all postings.
(B) All announcements will specify the position title, nature of the position, required qualifications, and essential functions of the position, compensation range, application deadline, and the place to file such applications.
(C) Current employees desiring to be considered for the position must complete a new application and apply for a posted vacancy, provided he or she possesses the requisite minimum qualifications and is not a probationary employee. Criteria used in evaluating an applicant’s qualifications may include such considerations as evaluations, aptitude, attendance records, education, training, prior work experience history, physical and mental fitness for the position, and length of service with the city and the particular city department or office.
(D) In the event that no qualified current city employee applies or the executive officer or his or her designee determines that such position requires the hiring of an outside candidate, the executive officer, his or her designee, and/or department heads, at their sole and absolute discretion, may conduct a hiring process to identify an outside candidate for the vacancy.
(E) Any applicant for employment with the city must complete an employment application, which shall include such applicant’s acknowledgment that he or she is a citizen of the United States, or has filed a declaration of intent to become a citizen of the United States, and a declaration that all information provided in the application is truthful. Falsification of any statements by the applicant shall be cause for denial of employment or termination from employment if discovered after the applicant has been hired. Evidence of a conviction of a felony that was not reported, or other conduct unbecoming of a city employee, or posing a threat to the legitimate business concerns of the city or its various departments, shall also be cause for denial or termination from employment; provided, however, prior criminal conviction(s) shall not be an automatic bar to employment. Any application for employment with the city must be delivered to the applicable department head or the executive officer or his or her designee by the close of business on the last day that the vacancy is posted.
(F) Upon determination of which applicants meet the minimum position-related qualifications, the applicant’s knowledge, skill, and ability to perform the essential functions of the position may be considered. Applicants shall be required to provide any information and undergo any position-related performance tests, reference checks, background checks, or other position-related procedures necessary to demonstrate qualifications for the position sought.
(G) Full-time applicants selected for employment will be required to submit to a pre-employment alcohol and drug screen as a condition of employment. The applicant may also be required to submit to physical and/or psychological examinations to determine their ability to perform the duties of the position for which they have been selected. Such examinations shall be conducted prior to commencement of employment and shall be a condition for acceptance as an employee of the city. All testing and examinations required by the city shall be at the expense of the employee and will be reimbursed if hired. Examinations may include any position-related examinations determined to be pre-employment requirements. If an employee is being reinstated within one year of separation, another examination may not be required. Any applicant choosing to waive the examination requirement shall submit a written affidavit from a qualified physician describing his or her state of health at the time of employment.
(H) In the event that an applicant has a disability that affects his or her abilities to complete employment testing, a request for reasonable accommodation (including accessible testing sites, modified testing conditions, and accessible testing formats) can be made by the applicant prior to the administration of the testing. The city will evaluate all requests for reasonable accommodations in accordance with the provisions of this subchapter to ensure that the application process is available to all qualified applicants.
(I) Requests for reasonable accommodations will be evaluated for applicants and employees with a disability as required by applicable laws and regulations, including, but not limited to, the ADA. Health and medical conditions shall only be a bar to employment if the employee or applicant’s condition is still such that, after making reasonable accommodation, he or she could not perform the substantial and material aspects of the open position. If, at any time after hiring an employee with a disability, the city believes that such employee is no longer capable of performing substantial and material duties of his or her position, the city, at its own expense, may require such employee to undergo a medical examination conducted by a licensed physician selected by the city.
(J) In conjunction with any hiring process, the city may conduct or arrange for oral examinations, written examinations, and/or proficiency tests as deemed necessary to select the most qualified candidates for employment and/or promotion.
(K) In the event that the minimum requirements and qualifications of a classification are changed by state or federal laws or regulations or due to technological advancements, it shall be the sole responsibility of any employee affected by such changes or advancements to satisfy such new minimum requirements and qualifications within a reasonable period of time. Employees failing to maintain the minimum requirements and qualifications of their classification in a reasonable period of time may be subject to demotion or termination if no vacancy exists in a classification meeting such employee’s qualifications. For the avoidance of doubt, the city has no obligation to create a new position or vacancy for an employee failing to maintain the qualifications of his or her position.
(L) (1) The department heads may eliminate a candidate from consideration if the candidate:
(a) Does not possess the knowledge, skill, and abilities necessary to effectively perform the duties of the vacant position;
(b) Has made a false statement of material fact on the application form or supplements;
(c) Has committed or attempted to commit a fraudulent act at any stage of the hiring process; or
(d) Is an illegal alien.
(2) An applicant may be eliminated from consideration upon other reasonable grounds relating to position requirements (i.e., inability to perform essential functions even though reasonable accommodations have been made).
(3) If an applicant is hired and it is subsequently discovered that any of the above disqualifying criteria apply, the department head may recommend termination of the employee for dishonesty, incompetence, nonfeasance, or malfeasance.
(M) Continued employment with the city is conditioned upon each employee maintaining his or her physical, mental, and emotional ability to perform the substantial and material duties of his or her position, and maintain a satisfactory record of performance and discipline as determined solely and exclusively by the executive officer and/or his or her designee.
(Ord. 2013-7, passed 8-28-2013)