Chapter 3.20
EMPLOYEE STATUS–PERSONNEL ACTIONS
Sections:
3.20.010 Probationary Period
3.20.020 Performance Evaluations
3.20.030 Promotion
3.20.040 Transfer
3.20.050 Demotion
3.20.060 Reduction in Force
3.20.070 Resignation
3.20.080 Employee Separation
3.20.090 Problem Solving Procedure
3.20.100 Progressive Discipline Policy
3.20.110 Dismissal
3.20.120 Grievance Procedures
3.20.130 Hearing Officer
3.20.140 Reinstatement/Reemployment
3.20.010 Probationary Period
A. Original "AT-WILL" appointments of non-management employees shall be tentative and subject to a probationary period of six months. Promotional or other similar type appointments shall be tentative and subject to a probationary period of six months, unless otherwise specified for certain designated classes.
1. Certain designated job classes in the non-management service shall have a regular period of probation of twelve (12) months upon the recommendation of the Human Resources Director and approval of the City Manager.
2. Upon successful completion of a probationary period, a non-management employee shall be granted regular status in the classification in which the probationary period is served.
B. The attendance, safety, work performance and conduct of a probationary employee shall be subject to close scrutiny and evaluation, and if found to be below standards, the appropriate department head may dismiss the original probationer or reduce the promotional probationary employee in class or rank at any time during the probationary period.
1. A probationary employee shall be evaluated on or before his/her sixth month anniversary date, except for a commissioned police and fire employee who shall be evaluated formally on his/her one-year anniversary date.
2. Probationary dismissals or reductions in class or rank shall not be subject to review or appeal by the hearing officer or through the formal grievance procedure.
3. An employee rejected during the probationary period from a position to which he/she has been promoted may be returned to the classification in which he/she had regular status, provided a vacancy in that classification exists. Should no vacancy or other available position exist at the time, the employee will be placed on the appropriate reemployment list. (See Section 3.20.060(E), Reemployment list.)
C. An employee shall be retained beyond the end of the probationary period only if the appropriate department head affirms that the services of the employee have been found to be satisfactory. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(501), 1995)
(Manual, Amended, 04/25/2002; Manual, Amended, 08/15/2001)
3.20.020 Performance Evaluations
A. A key supervisory responsibility is constructive employee coaching on a daily basis. Each employee’s performance shall be summarized in writing annually on a performance evaluation form.
B. The performance evaluation process is designed:
1. To review employee performance, against job requirements and the performance plans as established for employee development;
2. To aid in the orientation process for new hires, transferees and promoted persons;
3. To provide a means for regular communication between employees and supervisors;
4. To assist supervisors in identifying candidates for promotion;
5. To serve as a tool for improving and recognizing performance.
C. The performance evaluation system, which has been developed by the management team for all regular city employees, will include the following:
1. Performance plans to be established in July of each year;
2. Performance evaluations to be conducted in June of each year;
3. Performance increases to become effective on July 1st of each year.
D. Additional performance reviews may be required upon request of the supervisor or the appropriate department head.
E. Probationary Employees. Each probationary employee shall receive a formal written evaluation by his/her supervisor at the end of his/her sixth month of employment in current position. (Ord. 883, 2002; Ord. 670 § 1(502), 1995)
(Manual, Amended, 04/25/2002)
3.20.030 Promotion
A. A change in an employee’s work to more extensive duties, together with higher minimum qualifications, to a class with higher maximum pay is a promotion.
B. Promotions, as defined in subsection A of this section, will be a department option in the filling of a vacancy.
C. When a vacancy occurs within a department, the department head may establish a list of qualified workers.
1. An employee who is promoted to a position in a higher salary range will be eligible for a salary increase equal to the minimum of: (a) the start of the new salary range; (b) a ten-percent increase; or (c) a salary commensurate with other relevant factors as determined by the department head.
2. Upon promotion, the employee shall be given a new classification date, effective at the time of appointment, and begin serving probation in the new class.
D. All promotions must be reviewed by the Human Resources Director and have final approval of the City Manager. (Ord. 1129 (part), 2010; Ord. 859, 2001; Ord. 670 § 1(503), 1995)
(Manual, Amended, 08/15/2001)
3.20.040 Transfer
A. A change of an employee’s place of employment from one division to another or from one department to another shall be considered a transfer when the maximum salary of both positions is the same, the duties are similar and the basic qualifications are the same.
B. If the transfer includes a change from one department to another, both department heads shall provide their recommendations to the City Manager.
C. No employee shall be transferred to a position for which he/she does not possess the minimum qualifications.
D. All transfers must have final approval of the City Manager. (Ord. 1129 (part), 2010; Ord. 670 § 1(504), 1995)
3.20.050 Demotion
A. An employee demoted, regardless of the reason (disciplinary, in lieu of layoff, for reasons of disability or incapacity, department reorganization, etc.) will receive a cut in pay commensurate with the nature of the demotion as determined by the department head and approved by the City Manager.
B. Demotions do not change the person’s date of hire.
C. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications.
D. An employee being demoted shall be notified two weeks prior to demotion.
E. Any demotion to prevent layoffs may be reversed when the employee’s previous position is reopened.
F. Persons demoted to new positions will be subject to the standard probationary period for the new position, unless specifically waived by the City Manager.
G. Employees in position classifications which are downgraded (or upgraded) in salary to reflect changes in market conditions will retain their existing anniversary date. (Ord. 1129 (part), 2010; Ord. 670 § 1(505), 1995)
3.20.060 Reduction in Force
A. The City Manager, with concurrence of the city council, may lay off any employee due to lack of funds, lack of work, reorganization (causing cutbacks or reduction), abolition of position or other reasons specified in these policies. Regular service employees in good standing shall be eligible for reemployment as provided by these rules.
B. Whenever possible, the employee will be given a two-week notice of a pending reduction-in-force. If the city is not able to provide a two-week notice of a pending reduction in force, the employee will still receive two weeks’ pay.
C. To determine objectively which employees are to be laid off, the following factors will be used on a departmental basis:
1. Job Considerations. The importance of the position in relation to the delivery of basic services provided by the city.
2. Employee skills, training and job knowledge as determined by his/her three most current performance evaluations.
3. Length of continuous service with the city.
D. The Human Resources Director will meet with the employees to be laid off and provide the following:
1. Explanation of reemployment conditions terms and lists;
2. Explanation of how vacation and sick leave will be affected;
3. Effects on life, health insurance and retirement benefits;
4. Explanation of final pay;
5. Where to apply for unemployment insurance;
6. Explanation of available support services.
E. Reemployment List. Names of regular service employees who have been separated from 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, shall be placed on the city’s reemployment list and:
1. Shall be eligible to compete for any position vacancy, for which they are qualified, through the internal selection process as outlined in Chapter 3.12;
2. Shall remain on this list for a period of twelve (12) months from the date of the employees separation. After twelve (12) months, an individual on this reemployment list shall be required to go through the regular application process when a vacancy occurs with the city service.
3. Individuals who are no longer interested in employment with the city, should so notify the Human Resources Director.
F. Reinstatement.
1. Former regular status city employees who have been laid off due to lack of work, reduction in force, administrative reorganization or other reasons beyond the control of the employee, which cause the abolishment of the position formerly held, may be reinstated to a position in the same or lower classification if recalled within one year from the date of separation.
2. Reinstated employees may be eligible to earn compensation and benefits at a rate within the established salary range for the new position (as outlined in Section 3.16.040(D)). (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(506), 1995)
(Manual, Amended, 04/25/2002; Manual, Amended, 08/15/2001)
3.20.070 Resignation
An employee wishing to leave the city service in good standing shall file with the immediate supervisor or department head a written resignation stating the effective date and reasons for leaving at least ten working days before leaving the service.
This resignation shall be forwarded to the Human Resources Director with a personnel action form and a statement by the department head as to the resigned employee’s service performance and other pertinent information concerning the cause for resignation. (Ord. 589, 2001; Ord. 670 § 1(507), 1995)
(Manual, Amended, 08/15/2001)
3.20.080 Employee Separation
A. Employee termination and out process: to establish procedure for employee termination with the city by service or disability retirement, resignation, discharge, probation period termination or layoff. These procedures are designated to provide the least disruption and inconvenience to the employee and the city.
B. Exit Interview. The separating employee’s department will schedule an exit interview for the employee with the by the Human Resources Department prior to the last day of employment. Temporary employees do not participate in the exit interview process unless information can be gained which will improve or enhance present employment conditions.
Questions typically covered in the exit interview include:
1. What did you like best/least about working for the city?
2. What did you like best/least about your position?
3. Were you adequately compensated for your skills?
4. Were you given sufficient advancement/ learning opportunities?
5. Were you satisfied with the working relationship you had with your supervisor?
6. How would you rate your supervisor on the following points:
a. Demonstrates fair and equal treatment.
b. Provides recognition on the job.
c. Follows consistent policies and practices.
d. Encourages feedback and welcomes suggestions.
e. Ability to handle complaints.
f. Expresses instructions clearly.
g. Informs employees on matters directly relating to their job.
7. How would you improve department or city procedures to make this a better place to work?
8. Would you recommend the city to friends and/or relatives as a place to work?
9. Why are you leaving the city?
10. What kinds of skills and knowledge are needed by a person filling your position?
11. Do you have any other comments or suggestions?
C. Special questions may also be developed by the Human Resources Director and/or department head for the exit interview. Copies of the completed exit interview will be distributed to the appropriate department head and/or immediate supervisor. The department head or employee’s immediate supervisor may respond to statements made in the exit interview via written memo. The response will be reviewed by the Human Resources Director and filed together with the exit interview report. The exit interview shall be maintained separately from the employee’s official personnel file.
D. The Human Resources Department is notified of the employee’s separation date via the personnel action form.
E. Employees shall receive pay for work performed through the last hour worked and for unused benefits as stipulated by policy and laws governing such payments.
F. Termination pay shall be reduced by any authorized legal deductions; authorized pension plan; credit union, tax sheltered annuity; and any other amounts specifically agreed upon by the employee and the city.
G. Before the final paycheck is issued to the employee, the employee’s department shall be required to follow the clearance process outlined on the personnel action form. The terminating department is responsible for ensuring all appropriate items on the form have been addressed. Failure by the terminating department to properly complete the form may result in delay of receipt of the final paycheck.
H. The official date of termination will be the last full day the employee reports for work.
I. Benefits continue through the time actually worked by the employee, including any days from accumulated vacation and compensatory time. If such time takes the employee through the fifth of the month, health care, dental and life insurance benefits will continue through the last day of the month.
J. For those employees who are not retiring, monies accumulated in the employee’s retirement account are refundable if desired. Forms required to request this refund are available in the Human Resource Department.
K. All claims for unemployment compensation as filed by a terminating employee shall be processed by the Human Resources Department. Requests for information about unemployment compensation should be forwarded to the Human Resources Director immediately to avoid unauthorized charges against the city’s account. (Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(508), 1995)
(Manual, Amended, 04/25/2002; Manual, Amended, 08/15/2001)
3.20.090 Problem Solving Procedure
All employment disputes or complaints will be handled in the spirit of openness and fairness. The following procedure shall be followed when an employee desires to express dissatisfaction with some aspect of his/her employment:
A. An employee who has a problem shall first present his/her complaint verbally to his/her immediate supervisor. Every effort shall be made to resolve all complaints through discussion between the employee and his/her immediate supervisor. The supervisor shall notify his/her department head when a complaint is presented so that his/her advice and/or the appropriate counsel may be obtained.
B. The complainant’s supervisor is encouraged to answer the employee as quickly as possible and must reply no later than five working days after submission of the complaint.
C. If, after discussion with the employee’s first two levels of supervision, the employee does not believe the problem has been satisfactorily resolved, he/she may file a formal written grievance with his/her immediate supervisor. (See Section 3.20.110.) (Ord. 883, 2002; Ord. 670 § 1(509), 1995)
(Manual, Amended, 04/26/2002)
3.20.100 Progressive Discipline Policy
A. Purpose. To establish policies and procedures related to disciplinary action for city employees.
B. It shall be the policy of the city to administer discipline fairly, responsibly and impartially. In most instances, employees and the city are best served when discipline is administered to correct actions rather than to punish.
C. The employment of city employees shall be based on appropriate standards of job performance and personal and professional conduct. Failure or refusal to meet these standards shall constitute just cause for disciplinary action including oral or written reprimand, suspensions, demotions and dismissal.
D. Ordinarily, disciplinary action is not primarily intended to be punitive, but rather to maintain the efficiency and integrity of city service. The nature and severity of the offense and the employee’s prior record shall be considered.
E. In any disciplinary action, the pertinent information shall be reviewed with the employee specifying the following:
1. The cause for discipline;
2. The specific reasons supporting the cause;
3. The discipline to be imposed;
4. The effective date;
5. The right of the employee to comment or respond, including any rights of appeal.
F. The degree of discipline administered will depend on the severity of the infraction and shall be in accordance with all applicable federal, state or local labor laws and regulations. Discipline is determined on a case-by-case basis. Nothing about this section should be construed in any way to limit the city’s right to impose whatever form of discipline it deems appropriate in any given situation, regardless of the general goal of the progressive discipline policy.
G. It is the responsibility of each supervisor and department head to evaluate thoroughly the circumstances and facts as objectively as possible and then apply the most suitable form of discipline.
H. Procedure. Types of disciplinary action may include:
Step 1: Oral Warning. This type of discipline generally should be applied to infractions of a relatively minor degree or in situations where the employee’s performance needs to be discussed. The oral warning should be given in private. Supervisors should inform the employee that the supervisor is issuing an oral warning, that the employee is being given an opportunity to correct the condition, and if the conditions are not corrected, the person will be subject to a more severe form of disciplinary action. A notation that an oral warning was given should be made in the employee’s personnel file.
Step 2: Written Warning/Reprimand. This notice generally will be issued in the event the employee continues to disregard an oral warning or if the infraction is severe enough to warrant a written reprimand in the employee’s personnel file. Written warning/reprimand notices must be issued within ten days after the occurrence of the violation claimed by the supervisor. The warning/reprimand shall state the nature of the infraction in detail and what corrective action must be taken by the employee to avoid further discipline as outlined in Steps 3, 4 and 5.
A copy of the written warning/reprimand is to be handed to the employee at the time of the discussion of the discipline. The employee shall sign the written warning to acknowledge receipt. A copy, signed by the employee, will be placed in the employee’s personnel file. If the employee refuses to sign the acknowledgement, then the supervisor and one other witness shall note on the reprimand that the employee received a copy thereof and refused to sign it.
Step 3: Suspension. This form of discipline generally is administered as a result of a severe infraction of policies or for repeated violation. For minor infractions, a suspension is often given after the employee has received a written reprimand.
1. Suspension With Pay. An employee of the city may be suspended with pay and benefits pending investigation of allegations of misconduct, when the nature of the allegation involves the ability of the employee to perform his/her duties or any other grounds for dismissal. Such a suspension is not a disciplinary action and may not be appealed. If the charges are unfounded, the employee will be restored to duty and a letter of exoneration will be placed in the employee’s official personnel file. If the charges are sustained, appropriate disciplinary action will be taken in accordance with the nature of the offense.
2. Suspension Without Pay. An employee may be suspended without pay when the offense is sufficient for discharge but circumstances related to an employee’s overall performance would not warrant immediate discharge. Department heads may suspend a non-exempt employee for a maximum of three days. Suspensions without pay of more than three days must have the approval of the City Manager. An exempt employee may not be suspended without pay for periods less than one full work week.
Step 4: Demotion. Demotion may be used when an employee has been promoted to a position where he/she is unwilling or unable to perform the responsibilities of that position. Demotion is not to be used as a substitute for dismissal when dismissal is warranted. For demotion procedures see Section 3.20.050.
Step 5: Dismissal. Immediate removal of an employee from the job site pending review for dismissal may be warranted in instances involving serious misconduct including but not limited to; insubordination, theft, illegal or destructive acts while on the job or other substantial reasons deemed appropriate as outlined in Section 3.20.110 or as deemed appropriate by the City Manager. An employee may be dismissed after repeated offenses of a less serious nature if the offenses have been documented by the supervisor and have not resulted in appropriate behavioral changes.
Probationary (AT-WILL) employees may be terminated at any time with or without cause. (See Section 3.20.010, Probationary period.)
I. The original copy of the disciplinary action is to be signed by the employee and placed in the employee’s official personnel file with a copy given to the employee.
J. Appeals. All non-management non-probationary employees may appeal any disciplinary action in accordance with the grievance procedures as outlined in Section 3.20.120. Appeals for dismissal, demotion and suspension may be made through the hearing officer as outlined in Section 3.20.130. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 670 § 1(510), 1995)
(Manual, Amended, 04/25/2002; Manual, Amended, 05/27/1999)
3.20.110 Dismissal
A. Dismissal is the permanent removal of an employee from city service. This action is taken when management is thoroughly satisfied that the employee has been given sufficient opportunity to meet performance or behavior standards and has clearly failed to do so. Dismissals may also be imposed if the gravity of the misconduct is very serious without any previous progressive discipline.
B. Each of the following shall constitute grounds for dismissal of a non-management employee:
1. That the employee is inefficient in the performance of his/her duties and responsibilities;
2. That the employee is unsafe to himself/herself or other employees in the performance of his/her duties and responsibilities;
3. That the employee has been abusive in his/her attitude, language, behavior or conduct toward a fellow employee, a supervisor, the public or that his/her action has resulted in physical harm, injury or justifiable fear of the same to such persons;
4. That the employee has been insubordinate, willfully disobedient or has failed to obey any lawful direction from an appropriate supervisor;
5. That the employee has accepted a fee, gift or other valuable consideration which is given and/or received with the hope or expectation of receiving favored treatment or other special considerations in the course of performing his/her duties and responsibilities;
6. That the employee has been convicted of a Class I misdemeanor or a felony while employed by the city;
7. That the employee has falsified any document, report or statement relating to his/her employment or job performance with the city;
8. That the employee through willful misconduct or negligence has caused damage to or loss of public property or waste or loss of public supplies.
9. That the employee has been inexcusably absent, has failed to receive prior approval, where circumstances permitted, for any paid or unpaid absence, chronic tardiness or has abandoned his/her position;
10. That the employee has been guilty of discrimination because of race, color, religion, sex, national origin, disability or age;
11. That the employee has knowingly failed to properly report an accident involving city property or city liability;
12. That the employee has violated a department rule or regulation;
13. That the employee has a protected mental or physical disability that does not permit him/her to perform the essential functions of his/her job if the city is unable to reasonably accommodate the protected physical or mental disability of the employee;
14. That the employee has engaged in conduct of a type which will bring discredit or embarrassment to the city;
15. That the employee has committed acts of dishonesty or theft;
16. That while on duty the employee is under the influence of intoxicating alcohol or under the influence or in possession of illegal drugs or controlled substances (illegal drug as defined by state and federal law) while in performance of his/her duties;
17. That the employee engages in other conduct that the city determines terminable misconduct.
C. Appropriate grounds for dismissal are not limited to those situations described in subsection B of this section. Dismissal also may be imposed under any other circumstance that meets the requirements of subsection A of this section. (Ord. 883, 2002; Ord. 670 § 1(511), 1995)
(Manual, Amended, 04/25/2002)
3.20.120 Grievance Procedures
A. For the purpose of this policy, a "grievance" means a complaint by a non-management employee of the city concerning the interpretations and application of these policies governing personnel practices and procedures, department work rules, unsafe or unhealthy working conditions, alleged discrimination or alleged improper treatment.
B. A qualified or valid grievance is a circumstance, other than dismissal, demotion or suspension, thought by the employee to be unjust, which has gone unresolved and which has been expressed in writing. A grievance, based upon a grievable issue must:
1. Describe in detail the issue or incident which constitutes the grievable issue;
2. Set forth a clear indication of unfairness or improper conduct resulting in harm or damage to the aggrieved person;
3. Arise out of an act or omission of management related directly to working condition(s) or to the employment relationship;
4. Concern a matter within the control of the immediate supervisor, department head or City Manager;
5. State the relief sought, which relief must be within the authority of the immediate supervisor, department head or City Manager to grant.
C. All grievances shall be filed within five working days of the incident which gave rise to the grievance.
D. The immediate supervisor must within five working days of the filing of the grievance, render a written, dated response to the employee. This response shall indicate the basis for the decision. Copies of this response shall be sent to the department head.
E. If, after receiving the formal response from the supervisor, the employee does not feel the grievance is satisfactorily resolved, the employee may, within five working days of the date of the formal answer, appeal the decision in writing to the department head. The department head shall render a written decision to the employee within five working days. This decision shall include a statement of all relevant information. Copies of this decision shall be sent to the Human Resources Director and the City Manager.
F. If, after receiving the formal decision from the department head, the employee does not feel the grievance is satisfactorily resolved the employee may, within five working days of the date of the formal decision, appeal in writing to the City Manager.
G. The City Manager may discuss the grievance with the employee and others involved or having information pertinent to the issue and shall, within seven working days, render his/her findings. The findings of the City Manager shall be final. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 8/14/2001; Ord. 670 § 1(512), 1995)
(Manual, Amended, 04/26/2002; Manual, Amended, 08/15/2001)
3.20.130 Hearing Officer
Purpose. The hearing officer is responsible for determining that the employee’s rights have been protected and that proper procedures have been followed in matters concerning an employee’s suspension without pay in excess of three days, demotion or dismissal.
A. Appeal Procedures.
1. In the event that a department head with the concurrence of the City Manager and Human Resources Director determines that suspension without pay in excess of three days, demotion or dismissal is the appropriate disciplinary action to impose, the department head shall deliver by certified mail, written notice of intent to impose the disciplinary action to the employee, along with a written description of the allegations meriting the proposed action. The notice shall advise the employee of the date when such proposed disciplinary action shall be effective. Such proposed disciplinary action shall become effective on the date indicated in the notice, unless the employee requests within seven days of the receipt (verified by return or certified mail receipt) of the notice a hearing before the hearing officer.
2. In the event that the employee requests a hearing before a hearing officer, the following shall apply:
a. The employee’s request for hearing must be made in writing to the Human Resources Director.
b. Upon the timely filing of a request for hearing, the Human Resources Director shall set a date and place with concurrence of the hearing officer for a hearing, not less than twenty (20) days, nor more than thirty (30) days from the date of receipt of the request for hearing. The Human Resources Director shall notify all interested parties of the date, time and place of hearing.
c. The employee shall appear personally, unless physically unable to do so, before the hearing officer at the time and place of the hearing. The employee has the right to appear with any person of his/her choosing as his/her representative.
d. The hearing shall be conducted pursuant to the rules adopted by the City Council.
e. When a case is brought before the hearing officer, the department head or his designee shall prepare and present the city’s case to the hearing officer.
f. The decision of the hearing officer shall be final.
g. The employee shall remain on demotion, suspension, or termination without pay, pending the decision of the hearing officer.
B. Hearing Officer.
1. The city’s hearing officer shall conduct hearings requested by any employee in the non-management service in relation to his/her proposed suspension without pay in excess of three days, demotion or dismissal under the guidelines set out in the procedures of hearing.
2. The hearing officer shall be appointed by Council.
(Ord. 1129 (part), 2010; Ord. 900, 2002; Ord. 883, 2002; Ord. 859, 2001; Ord. 856, 2001; Ord. 670 § 1(513), 1995)
(Manual, Amended, 12/12/2002; Manual, Amended, 04/26/2002; Manual, Amended, 08/15/2001; Manual, Amended, 06/15/2001)
3.20.140 Reinstatement/Reemployment
Any non-management employee who has been suspended without pay for more than three days, demoted or dismissed can be reinstated to his/her position as a result of an appeal to the hearing officer. In the event of such reinstatement, the employee may be granted his/her former status of employment and all pay and benefits lost as a result of the disciplinary action restored. (Ord. 883, 2002; Ord. 670 § 1(514), 1995)
(Manual, Amended, 04/26/2002)