(a) Employment. Positions shall be filled on the basis of qualifications and merit without regard to race, color, national origin, ancestry, age, marital status, religion, sex, or handicap. Positions shall be filled by promotions, reassignments, demotions, temporary assignments, re-employment of former employees, or recruitment from outside sources as determined appropriate by the City Manager.
In no event shall the hiring of an employee be considered as creating a contractual relationship between the employee and the City; and, unless otherwise provided in writing, such relationship shall be defined as "employment at will", where either party may dissolve the relationship.
(b) Applications. Applications for employment shall be made on forms prescribed and provided by the City Manager. Such forms shall require sufficient information covering the applicant's education, training, experience, and other characteristics as to permit a sound determination concerning his/her qualifications for the position being filled. The City Manager may reject an application which indicates that the applicant is deficient in any or all of the requirements of the position being filled. An applicant shall also be rejected when there is evidence of fraud or deception in the completion of his/her application, or if his/her past record of employment or conduct is determined to be unsatisfactory by the City Manager.
(c) Filling of Vacancies.
(1) Referral of qualified applicants. Vacancies may be filled by qualified applicants from within or from outside the City organization who are referred by the City Manager to the selecting official. The City encourages promotion from within when possible and accordingly may confine competition to members of the City workforce if such is determined to be in the best interest of the City. Names of candidates from inside and outside the City organization may be referred simultaneously by the City Manager, however, selecting officials shall place special emphasis on internal promotion when selecting for City positions.
The number of candidates referred shall be determined by the City Manager. However, in no case shall any applicant be referred for a position for which he/she does not meet the minimum qualifications for the position as determined by the City Manager.
(2) Employment rosters. The City Manager may conduct periodic competition as needed for high turnover positions in order to establish a roster of eligible candidates for such position. The ranking and rating of applicants on such rosters shall be based on merit and shall not include non-job related criteria. Rosters shall remain in effect until all names are exhausted or the Personnel Department has determined the need to expand a particular roster.
(d) Examinations. Examinations shall be for the sole purpose of identifying and ranking well-qualified and suitable candidates in relation to the qualification standards established for the position to be filled. All examinations used by the City to identify and rank candidates for employment, promotion, or training shall be designed to ensure that they do not discriminate by race, color, national origin, ancestry, age, marital status, religion, sex, disability, or any other non-merit factor and that they are job related, reliable, and identify well qualified candidates for the position to be filled. For the purpose of this article, examinations will be given to all candidates for a position and may include: performance testing (job sample or skill testing), written examinations, unassembled examinations (rating of training, experience, and education), oral examinations (interview, including panel interviews), assessment centers, polygraph (use is restricted to the selection process for filling entry level positions in the Police and Fire Division), medical (physical and/or psychological examinations, only upon conditional offer of employment), and background checks.
A background check of criminal history shall be obtained on all applicants for employment positions where, in the interest of public welfare or safety, it is necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment under consideration. Use of this criminal history record information shall be limited to the purpose for which it is obtained and may not be disseminated further.
(e) Inspection of Examination Results. Each person taking an examination shall be entitled to inspect his/her own rating and examination papers; however, such papers shall not be available to the general public. The City Manager shall retain examination papers for a period of two (2) years from the date the examination was administered. Inspections shall be permitted only during regular business hours and shall be conducted by the City Manager in the presence of an appropriate staff member designated by the City Manager. Candidates for examinations may request correction of their rating upon written presentation to the City Manager of proof that their examinations have been incorrectly rated.
(f) Qualification Standards. Qualification standards are skills, abilities, knowledge, and other requirements for each position and shall be used for screening candidates for employment, promotion, and other placement actions and shall be clearly job related. Qualification standards may be lowered when necessary to fill a position essential to the delivery of a vital public service. However, before doing this, consideration shall be given to restructuring the vacant position or establishing a lower trainee, apprentice, or helper position.
Qualification standards shall be based on: a thorough and realistic appraisal of job requirements, job related experience, education, knowledge, and skill, as well as personality, attitude, and judgment when such factors are necessary for successful job performance. Qualification standards shall be developed by department heads with assistance from the City Manager and shall be established in writing for each position. Screening and selecting officials shall interpret the application of such standard prior to screening and/or selection.
(g) Reinstatement of Former Employees. A former permanent full-time employee who had completed the required introductory period and left service in good standing shall be reinstated if reemployed within ninety (90) calendar days from date of separation from employment, provided they are appointed to a position at the same title and grade from which they separated. If reinstated, such persons shall be considered to have been in a leave without pay status during the period of separation for the purpose of retaining benefit levels, including longevity, vacation and sick leave, retirement, insurance, and merit review date.
(h) Introductory Period.
(1) Purpose of introductory period. The introductory period shall be an integral part of the examination process and shall be used for closely observing permanent employees' work performance, attitude, and conduct; for securing the most effective adjustment of the new employee to his/her position and work environment; and for rejecting any employee whose performance, attitude, and/or conduct is not satisfactory.
(2) Extension of introductory period. The City Manager may, upon receipt of acceptable job related justification from the appropriate department head, extend the prescribed initial introductory period. Requests for extension of the introductory period shall be in writing and must be received by the City Manager no later than ten (10) calendar days before expiration of the initial introductory period. The employee shall be notified in writing of the specific reasons for such extension.
(3) Separation during introductory period. At any time during the introductory period, the department head, after coordination with the City Manager, may separate an employee from employment, if in his/her opinion, the working examination period indicates that such employee is unable or unwilling to satisfactorily perform the duties of the position or that his/her attitude, conduct, and/or dependability do not merit his/her continued employment in the position in question. An employee separated from employment during the introductory period shall have no appeal or grievance rights against such separation.
(i) Permanent Promotions. For the purpose of this article the term "promotion" shall mean a change in status of an employee from a lower position in one class to a higher position in another class for which a higher rate and range of pay is prescribed. Unless an exception to competitive requirements is provided elsewhere in this article, all promotions shall be made on the basis of normal competitive procedures.
Under no circumstances shall an employee be promoted (temporarily or otherwise) whose performance record is less than satisfactory, or whose performance appraisal has been deferred because of less than satisfactory performance, until his/her performance has improved and been officially appraised as being satisfactory or better.
(j) Reassignments. For the purpose of this article, the term "reassignment" shall mean the change of an employee from one position to another for which the same rate and range of pay is prescribed. Reassignments may be at the employee's request for developmental or other reasons, or for valid management reasons.
(k) Demotions.
(1) Definition. For the purpose of this article, the term "demotion" shall mean a change in status of an employee from a higher position in one class to a lower position in another class or equal class for which a lower rate and range of pay is prescribed.
(2) Demotions for less than satisfactory performance. When reassignment is not possible or practicable and dismissal is not appropriate, demotion may be used to change an employee to a position of lower grade and rate of pay when it becomes necessary to remove an employee from his/her assigned position for less than satisfactory performance. Proposed actions under these circumstances shall be closely coordinated with the City Manager by the department head prior to initiating formal requests for demotion. Demotions related to less than satisfactory performance shall be considered to be through fault of the affected employee for the pay setting provisions of this article. Employees demoted for less than satisfactory performance rather than punitive reasons shall be given seven (7) calendar days advance written notice of such demotion and the notice shall inform the employee of the specific reasons for such demotion.
(l) Reduction-in-Force. A reduction-in-force occurs when a permanent full-time position or positions are eliminated due to budgetary restrictions, lack of work, reorganization within departments, or other similar reason. During a reduction-in-force, the City Manager shall attempt to relocate permanent full-time employees affected by the action in a manner which results in the least possible adverse affect upon the employee. This may occur in several ways:
(1) The employee may be reassigned to another vacant position at the same grade and title;
(2) The employee may be encouraged to compete for vacancies available at a higher grade;
(3) The employee may be placed in another position at a lower grade; or
(4) As a last resort, the employee may be separated from employment.
In all the above cases involving the movement of employees to different positions, the employee's pay will be administered in such a way as to have the least possible adverse effect upon the individual. Eight weeks advance written notice shall be given to employees scheduled to go into jobs at a lower grade and pay. An employee's pay may not exceed the maximum of the range for the position to which assigned. However, employees placed in positions at a lower grade will be placed in the position at the least possible loss of pay. Employees reassigned to positions at the same grade and title will continue to receive the same pay as before reduction-in-force. Employees promoted to positions at a higher grade will have their pay set in accordance with normal promotion pay setting policies. Employees demoted through reduction-in-force will remain on a Re-Employment Roster for one year from date of demotion and will be offered any vacancy occurring at their former title and grade without competition providing their performance appraisal of record is satisfactory or better and no serious disciplinary actions are pending.
Employees separated from employment due to reduction-in-force will remain on a Re-Employment Roster for one year from date of separation during which time they will be offered any vacancy occurring at their former grade and title or other similar vacant positions, at the same grade or below for which they are qualified and eligible, provided their performance appraisal of record was at least satisfactory and no serious disciplinary actions were pending at time of separation.