Chapter 3.04
GENERAL PROVISIONS
Sections:
3.04.010 Purpose and Intent
3.04.020 Employees Covered/Applicability
3.04.030 Equal Employment Policy Statement
3.04.040 Administration
3.04.050 Personnel Rules
3.04.060 Responsibility of Administration
3.04.070 Conflict of Provisions
3.04.080 Severability
3.04.090 Interpretation of Provisions
3.04.100 Workers Compensation
3.04.110 Definitions
3.04.010 Purpose and Intent
A. Purpose. The purpose of this title is to establish normal operating procedures which will serve as a guide to administrative action concerning personnel activities and transactions. It is intended to indicate the customary methods whereby the aims of the personnel program, as defined by this title, may be carried out. This personnel code is enacted by the city in order to further the following goals:
1. To provide a uniform system of personnel administration throughout the city employment service;
2. To ensure that recruitment, selection, placement, promotion, retention and separation of city employees are based upon employees’ qualifications and fitness and that they are in compliance with applicable laws and regulations;
3. To assist managers in the development of sound management practices and procedures and to make effective use of human resources throughout the city;
4. To promote communication and a shared understanding of these policies and procedures between managers, supervisors and employees;
5. To ensure, protect and clarify the rights and responsibilities of all city employees.
B. The city specifically reserves the right to repeal, modify or amend this title at any time. Any modifications or amendments of this title shall be made consistent with all changes or modifications made by city ordinance. None of these provisions shall be deemed to create a vested contractual right in any employee nor to limit the power of the city council to repeal or modify these rules.
C. Administration of the Rules.
1. Delegation of Authority. Unless otherwise stated in this title, a department head may delegate any authority granted to him/her by this title.
2. Availability of Funds. The granting of any compensation in this title is contingent upon the city’s financial status and the availability of funds, as determined by the City Manager and the City Council.
3. Conflict with Federal or State Requirements. Any provision of this title which conflicts or is inconsistent with applicable state or federal rules, regulations or standards shall not be applicable to any department.
4. Service of Notice. If any document or notice is to be given to any person or department, the notice or document may be served personally or by certified mail to the last known residence or current business address of the addressee. Unless otherwise provided by law or this title, service is complete upon mailing. (The City Human Resources Department will update employee information every year. It is the employee’s responsibility to notify the city of any change of address or other relevant information throughout the course of his/her employment.) (Ord. 1129 (part), 2010; Ord. 670 § 1(101), 1995)
(Manual, Amended, 10/01/2001; Manual, Amended, 08/15/2001; Manual, Amended, 12/19/2000)
3.04.020 Employees Covered/Applicability
This title shall cover all employees in the non-management service. (Ord. 883, 2002; Ord. 670 § 1(102), 1995)
(Manual, Amended, 04/22/2002)
3.04.030 Equal Employment Policy Statement
A. Purpose. The city reaffirms its goal to consider each applicant for city employment on the basis of his or her qualifications for the job, and without regard to race, color, religion, sex, marital status, age, national origin or veteran status. In addition, the city does not discriminate against qualified employees or applicants with a protected physical or mental disability.
B. Appropriate efforts will be made to ensure that appointments, promotions, reclassifications, transfers, compensation, training, layoffs, terminations or any other type of personnel action are based on merit, fitness or other factors determined to be nondiscriminatory. (Ord. 883, 2002; Ord. 670 § 1(103), 1995)
(Manual, Amended, 04/22/2002)
3.04.040 Administration
A. The City Manager is the appointing authority, having the power to appoint and remove non-management employees subject to the provisions of this title.
B. The City Council pursuant to the City Charter, Article VI, Ordinances and Resolutions, is empowered to adopt rules and regulations for a personnel administration system.
C. Administration of the personnel program shall be the responsibility of the Human Resources Director.
The Human Resources Director shall:
1. Administer the provisions of this title under the direction of the City Manager;
2. Maintain adequate records of all personnel proceedings, application records of all candidates and employment records of all employees as required by law;
3. Periodically prepare and recommend revisions of and amendments to the Personnel Code to the City Council. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(104), 1995)
(Manual, Amended, 04/22/2002; Manual, Amended, 08/15/2001; Manuel, Amended, 08/15/2001; Manual, Amended, 12/19/2000)
3.04.050 Personnel Rules
This title, its revisions and amendments shall be adopted by ordinance of the Winslow City Council.
A. Development of Policies. The Human Resources Director shall draft such rules or amendments to this title as may be necessary to carry out the personnel program, for approval by the City Council.
B. Adoption and Amendment of Code. All policy statements and amendments thereto, developed as part of the Personnel Code of the City, shall be adopted by the City Council. Such policies and/or amendments to policies shall become effective on the date of adoption by the City Council, unless otherwise stated.
C. Development of Procedure. The Human Resources Director shall develop procedures as necessary to implement the Personnel Code adopted by the City Council. The Human Resource Director, in cooperation with department heads, shall be responsible for the training and safety programs of the City.
D. Establishment of Procedure. The Human Resources Director shall have the authority to establish operating procedures as necessary to implement the Personnel Code. (Ord. 859, 2001; Ord. 670 § 1(105), 1995)
(Manuel, Amended, 08/15/2001; Manual, Amended, 12/19/2000)
3.04.060 Responsibility of Administration
The responsibility for the administration of this title rests with the City Manager. In order to establish uniform administration of this title, the Human Resources Director may publish a comprehensive administrative manual which serves as the official communication for implementing policy, establishing procedures and issuing regulations, orders and announcements. (Ord. 1129 (part), 2010; Ord. 859, 2001; Ord. 670 § 1(106), 1995)
(Manuel, Amended, 08/15/2001; Manual, Amended, 12/19/2000)
3.04.070 Conflict of Provisions
These policies and procedures supersede all previous rules, policies and procedures, which have applied to employees. Ordinance No. 563 and all other ordinances and resolutions or parts thereof inconsistent with the terms of this title are repealed. All rules, policies and procedures adopted on a departmental basis will remain in full force and effect, except to the extent that the same are in conflict with these rules and regulations. (Ord. 670 § 1(107), 1995).
(Manual, Amended, 08/15/2001)
3.04.080 Severability
Any provisions of these policies and procedures which conflict with or are inconsistent with applicable laws, regulations, statutes or standards shall be deemed null and void. Should any article, paragraph, sentence, clause or phrase of this title or the application of same to a particular set of persons or circumstances be declared unconstitutional or invalid for any reason, the remainder of this title shall not be affected thereby, it being the intent that the provisions of this title are severable. (Ord. 670 § 1(108) 1995)
3.04.090 Interpretation of Provisions
Employees and supervisors having questions regarding the interpretation of any of these provisions should contact the Human Resources Director for clarification. (Ord. 859 2001, Ord. 670 § 1(109) 1995)
(Manuel, Amended, 08/15/2001; Manual, Amended, 12/19/2000)
3.04.100 Workers Compensation
All city employees are covered by workers compensation insurance at no cost to the employee. This coverage is provided to protect employees in the event of injury or illness arising out of or during the course of employment. (Ord. 670 § 1(110) 1995)
3.04.110 Definitions
The following words and phrases used in these rules have the defined meanings unless otherwise clearly indicated by the context.
"Applicant" means a person who (1) has filed a valid application for employment for an open position, and (2) meets the objective minimum qualifications for that position.
"Appointment" means the approval by the city manager to employ a certified eligible person.
"Anniversary date" means the date on which an employee’s eligibility for benefits is based.
"Announcement" means the public notice of examination to fill positions by open competition or the notice to employees of an examination to fill positions from within the city service.
"Candidate" means a person who is under consideration for city employment.
"Class" means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience or skill and such other characteristics that the same title and the same pay grade apply to each position in the group.
"Class title" means the designation given to a class, each position allocated to the class and to the occupant of each position.
"Compensatory time" means the time off work granted in lieu of monetary payment for overtime worked.
"Controlled Substance" means an illegal drug as defined by State or Federal Legislation.
"Days" means calendar days unless otherwise stated.
"Demotion" means the movement of an employee from one class to another class having a lower maximum rate of pay.
"Department" means a major unit of the city government.
"Department head" means the city employee responsible for the operation of a department.
"Dependent" means one who relies on another for support.
"Dismissal" means the separation of an employee from service for cause.
"Division" means a unit of a department.
"Division head" means the city employee responsible for the operation of a division.
"Evaluator" means the individual who completes the performance appraisal report.
"Examination" means an evaluation procedure used to determine the relative skills of applicants.
"Grievance" means a complaint by a non-management employee of the city concerning the interpretations and application of these policies governing personnel practices or procedures, department work rules, unsafe or unhealthy working conditions, alleged discrimination or alleged improper treatment.
"Hire date" means the date an individual begins work.
"Layoff" means the conditional separation without cause of a regular employee due to lack of funds, lack of work, reorganization (causing cutbacks or reduction), abolition of position or other reasons specified in these policies.
"Leave" means the approved types of absence from work as provided by these policies.
"Management employee" means an executive position appointed either by the City Manager or City Council which is exempt from the provision of this title.
"Non-management employee" means a salaried exempt or non-exempt employee subject to and protected by the City Personnel Code.
"Overtime" means hours worked in excess of the hourly limits established by the FLSA for the designated work period after which employees must be compensated at a rate of one and one-half times their regular hourly rate or be granted compensatory time off at the overtime rate.
"Part-time employee" means a person who is appointed to perform the duties of a position for less than forty (40) hours a week. Could be regular or temporary.
"Pay range" means a range in which a specific classification will be paid identifying a minimum rate, midpoint and maximum rate.
"Performance appraisal" means an the evaluation of an employee’s performance of job duties and responsibilities.
"Performance plan" means an outline of employee’s work responsibilities, established for the purpose of performance appraisal.
"Personnel action form" means the approved form which documents any change in an employee’s employment status, including but not limited to, name, hire date, classification, rate of pay, funding source, status, etc.
"Probation" means a predetermined period of time during which an employee is required to demonstrate ability to perform the duties of the job in a satisfactory manner.
"Probationary employee" means an employee who has not completed the probationary period for a transfer, promotion, rehire, reinstatement or new hire. Original probationary employees may be terminated at any time with or without cause. Promotional probationary employees may be reduced in class or rank without appeal if they do not successfully complete the probationary period.
"Promotion" means the advancement of an employee from one class to another class with a higher maximum rate of pay.
"Qualified" means meeting the minimum qualifications as defined in the position description, plus any special requirements that may be published for that position.
"Reclassification" means changing the classification of a position when a material change in duties or responsibilities occurs.
"Reemployment list" means a list of employees who have been separated from a class of city service without cause due to lack of funds, lack of work, reorganization (causing cutbacks or reduction), abolition of position or other reasons specified in these policies, whose names were placed on such a list by the Human Resources Director and are eligible for any position vacancy which they are qualified to perform through the internal competitive selection process.
"Regular part-time employee" means a person who is appointed to a part-time position working less than forty (40) hours per week and who has successfully passed a probationary period.
"Regular full-time employee" means a person who is appointed to a full-time position that requires working a full schedule or regular work week for the job class, who has successfully passed a probationary period.
"Reinstatement" means the appointment of a laid-off or RIF’d employee to a vacant position or the rehiring of an employee as ordered by the City Manager, Hearing Officer or the City Council.
"Rejection" means a decision by the appropriate supervisor that a probationary employee has not satisfactorily performed his/her assigned duties and that the probationary employment of such an individual with the city has ended.
"Resignation" means a written notice from the employee, filed with the department head, with the intention to vacate his/her position with the city.
"Retirement" means separation from city service after a minimum of five years work.
"Seasonal employee" means a person who is appointed to perform the duties of a position which requires staffing during certain parts of each year.
"Section" means a unit of a division.
"Suspension" means an involuntary imposed leave, with or without pay.
"Temporary (AT-WILL) employee" means an employee who is appointed to meet a specific need for a specified period of time but is not eligible for annual vacation or sick leave, medical insurance, paid holidays or retirement, except as provided by state law.
"Termination" means the end of employment or service with the city either through removal, discharge, resignation, retirement or otherwise.
"Transfer" means the movement of an employee from one position in the city service to another position in the city service in the same pay grade.
"Vacant position" means a position available to be filled.
"Verbal reprimand" means counseling by a supervisor to make an employee aware of unacceptable conduct or performance and outlining a course of action to remedy the problem.
"Written reprimand" means written documentation to make an employee aware of unacceptable conduct or performance and outlining a course of action to remedy the problem. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(701), 1995)
(Manual, Amended, 04/22/2002; Manual, Amended, 08/15/2001; Manual, Amended, 12/19/2000)