(a) Authority and Purpose.
(1) These Merit Rules of the Manager, as adopted, and as may be amended by Council are created and administered pursuant to Article VIII of the City Charter Merit System in compliance with Article XV, Section 10, Civil Service of the Ohio Constitution.
(2) Merit Rules of the Manager, hereinafter called "Rules", may be amended pursuant to the City Charter, Section 8.07, Rules of the Manager. The purpose of the Rules shall be to carry out a system of merit employment.
(Ord. 723. Passed 6- 24- 85.)
(b) Definitions. Unless the content clearly requires otherwise, words and phrases used in these rules shall have their customary meaning or as defined herein:
(1) When used herein, the word "Manager" means the Union Municipal Manager or other designated administrative official during his/her absence.
(2) When used herein, the words "City service" refer to positions normally included under these rules.
(3) When used herein, the words, "regular employee" mean a person appointed to and holding a position in the City service who has successfully completed the probationary period.
(4) When used herein, the words "probationary employee" mean a person appointed to and holding a position in the City service who has not successfully completed the probationary period.
(Ord. 723. Passed 6-24-85.)
(c) Applicability of Rules.
(1) These rules shall apply to all positions in the municipal service except the following:
Mayor and members of Council, Boards and Commissions
Manager
Directors of Departments
Clerk of Council
Secretary to the Manager
Auxiliary Police
Lieutenant
Assistant Manager
Temporary employees of exceptional professional or scientific qualifications engaged as consultants for limited periods of time.
Such unskilled labor as the Personnel Advisory and Appeals Board finds impracticable to hire and employ in accordance with Article VIII, Section 8.01 of the Charter.
(2) If any provision of the Rules is held invalid, the other provisions shall not be affected thereby.
(d) Appeals.
(1) Appeals dealing with the administration of these rules, including a written statement of all known reasons for the complaint, may be filed not later than the fourth business day after appellant learns of or, except for his /her negligence, should have learned of the action which is the subject of appeal. Such filing shall be made with the City Manager.
(2) Disciplinary actions deemed "emergency" pursuant to Section 155.04(b)(3) shall be immediately effective, but may be reversed by the Manager at any time, or reaffirmed by the Manager after the period for appeal has expired. All other actions shall not become effective until after the Manager has considered any timely and properly filed appeal.
(3) Non-exempt employees may appeal certain final decisions of the Manager with a written statement of all known reasons for the appeal, to the Union Personnel Advisory and Appeals Board, as follows:
A. Appeals dealing with suspension of longer than five work days within any six-month period, dismissal from municipal service or demotion to a lower grade and salary may be appealed to the Board within ten business days of notice of the Manager's final decision.
B. Appeals concerning rejection of applications for employment and the conduct of examinations may be appealed to the Board within ten business days of notice of the Manager's final decision.
(4) Appeals to the Board shall be heard in accordance with Article VIII, Merit System, Section 8.06 of the Charter and the Board's Rules of Procedure.
(e) Director of Personnel. The Director of Personnel shall:
(1) Conduct recruitment of qualified persons for positions.
(2) Prepare, schedule and hold examinations, but nothing in this section shall prevent him from cooperating with other merit system agencies with regard to any phase of examination.
(3) Create eligible lists from results of examinations.
(4) Certify eligibles to appointing authorities for appointment or promotion.
(5) Establish a job classification plan and allocate the various positions to classes within such plan.
(6) Certify payrolls to assure that all appointments have been made within the provisions of this chapter.
(7) Develop and conduct training programs.
(8) Perform such other duties relating to personnel as the Manager may direct.
(9) Act as secretary to the Personnel Advisory and Appeals Board.
(f) Discrimination.
(1) Neither race, color, religion, creed, country of origin, ancestry, sex, age, physical disability, political affiliation, nor other factors not pertinent to job performance shall be considered in recruitment, examination, appointment, training promotion, retention, salary determination or other conditions of employment, except in cases where specific age, sex or physical requirement constitutes a "bona fide occupational qualification" .
(2) An employee or applicant who feels he/she has been discriminated against by the City for the above reasons may file a complaint using the procedure prescribed in the Rules. Employees not covered by the Rules of Merit Employment may file a written complaint with the Manager, whose decision is final and not appealable.
(g) Performance Evaluations.
(1) The Manager shall develop and administer the Performance Evaluation Program in conformance to this section.
(2) Performance evaluations shall be completed on all regular full-time employees by May 31 of each year. Probationary employees shall be evaluated at the end of the probationary period. Additionally, an employee may be evaluated at any time when, in the opinion of his /her supervisor it is warranted by low or high performance.
(3) The form for evaluation shall be established by the Manager and shall provide a numerical measurement of the various performance dimensions appropriate to City service. The total of the score of each dimension shall constitute the overall rating. The Manager shall establish the rating level required to be considered "satisfactory performance". An evaluation which falls below the overall satisfactory performance level shall be cause for disciplinary action.
(4) The procedure for administering evaluations shall be as follows:
A. The evaluation shall be completed, on the prescribed form, by the immediate supervisor of the subject employee.
B. The supervisor shall hold a private meeting with the employee during work hours to discuss and explain the ratings and to make plans to correct deficiencies and optimize strengths.
C. Both the supervisor and the employee shall sign and date the form. The employee's signature shall not certify agreement with the evaluation results, but rather that he/she has read the evaluation and has discussed it with his /her supervisor.
D. The evaluation shall be forwarded to the supervisor's supervisor for date and signature indicating final approval.
E. All evaluations shall be delivered to the Manager for review and inclusion in the central personnel file.
(5) Performance evaluations may be appealed to the Supervisor of the person completing the evaluation. Those working under supervision of the Manager may appeal only to him/her. Such appeal must be made by the third work day following the employee's receipt of evaluation. The Director of Personnel shall provide appropriate forms for such appeal. The official receiving such appeal shall meet with the appellant, conduct an investigation if necessary and consider all pertinent information and opinions before deciding what adjustment, if any, need be made to the evaluation. The official shall process the appeal in a timely manner. Adjustments to an evaluation may include the following:
A. Factual errors may be corrected and any or all portions of the evaluation may be amended, based on the correction(s).
B. The matter may be resolved to the employee's satisfaction without corrections or amendments to the evaluation.
C. The appeal may be found based solely on a question of the supervisor's judgment. In this case, if the contended portion of the evaluation cannot be proven right or wrong, no action is taken. Such result, however, should put the supervisor on notice that greater effort should be made in the future to document ratings.
D. Basis for the appeal may be determined totally unfounded. No action is taken.
(6) All appeals and decisions on appeal shall be attached to the subject evaluation in the employee's personnel file.
(7) Regardless of outcome, every appeal and decision on appeal shall become a part of the appellant's central personnel file.
(h) Training. Employees may be required to attend training at the City's expense when it is necessary for the performance of their duties.
(i) Physical and Psychological Examinations. Employees may be required to submit to examination by physicians at the expense of the City for the purpose of verifying the employees physical ability to perform the work required.
(j) Relatives of Officials and Employees.
(1) As used in these rules, the word "relative" means spouse, child, step-child, parent, step-parent, brother, half-brother, sister, half-sister, brother-in-law, sister-in-law, mother-in-law or father-in-law, grandparent, grandchild, uncle, aunt, niece, nephew or first cousin.
(2) No relative of a Councilmember, the Clerk of Council or the Manager shall be employed by the City in any capacity, except as is already employed upon adoption of these Rules.
(3) No relative of any regular or probationary employee shall be appointed to a position within the department in which the regular or probationary employee serves, except as is already employed upon adoption of these Rules.
(Ord. 723. Passed 6-25-85.)