Chapter 4.04 CIVIL SERVICE

The purpose of the personnel system contained in this chapter is to encourage a work environment that maximizes employee morale and the efficient delivery of services to the citizens of Takoma Park. The system is intended to ensure that employees receive comparable salaries if their positions involve comparable duties, required experience, responsibilities and authority. (Ord. 2010-51 § 2, 2010/prior code § 8B-101)

4.04.020 Employees’ Personnel Committee.

Repealed by Ord. 2010-51. (Prior code § 8B-102)

4.04.030 Responsibilities of personnel officer.

A. The City Manager is the personnel officer. In this capacity, the City Manager bears the responsibility of administering all personnel matters. The City Manager may delegate his or her authority in personnel matters to an appropriate designee.

B. The City Manager may adopt regulations to implement the personnel system. The regulations must be consistent with the laws of the City and must further the purpose of the personnel system.

C. The City Manager shall have the authority to adopt internal regulations with respect to personnel policies or procedures, as set forth in Chapter 2.12 of this Code, so long as such policies and procedures do not conflict with provisions of this Code or with State or Federal law. (Ord. 2010-51 § 2, 2010/prior code § 8B-103)

4.04.040 Responsibilities of employee.

It shall be the responsibility of every employee to acquaint himself or herself with the personnel laws and regulations and any personnel manual in effect. (Ord. 2010-51 § 2, 2010/prior code § 8B-104)

4.04.050 Applicability of regulations.

The provisions of this chapter apply to all employees of the City, unless the provisions conflict with or are inconsistent with State or Federal legislation or a written contract of employment. (Ord. 2010-51 § 2, 2010/prior code § 8B-105)

4.04.060 Adoption of administrative regulations.

Repealed by Ord. 2010-51. (Prior code § 8B-106)

4.04.070 Merit principles.

A. The following are the merit principles of the City’s personnel system. The City should manage its personnel system under these principles:

1. The work force should represent all segments of society. The City should recruit qualified individuals from appropriate sources to achieve this goal.

2. The City should select and advance employees solely on the basis of relative ability, knowledge and skills.

3. Employees and applicants for employment should have an equal opportunity to compete openly and fairly to show their relative ability, knowledge and skills.

4. The City should treat all employees and applicants for employment fairly and equitably in all aspects of personnel management. Political affiliation, race, color, religion, national origin, sex, ancestry, marital status, age, sexual orientation and disability are not relevant to their treatment. The City must give proper regard for their privacy and constitutional rights.

5. The City should pay employees equally for work of equal value.

6. All employees should maintain high standards of integrity, conduct and concern for the public interest. However, the City should not dismiss an employee, unless the cause for the dismissal bears a rational relationship to the employee’s job performance.

7. The City should use its work force efficiently and effectively.

8. The City should retain employees on the basis of the adequacy of their job performance. If an employee’s job performance is inadequate, the employee should correct the job performance. If an employee cannot or will not improve his or her job performance to meet required standards, the City should dismiss the employee.

9. If education and training would result in better organizational and individual performance, the City should provide employees with effective education and training.

10. The City should protect employees against arbitrary action, personal favoritism and coercion for partisan political purposes.

11. The City should prohibit employees from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for an election.

12. The City should protect employees against reprisal for lawfully disclosing information if the employee reasonably believes that the information indicates:

a. A violation of any law, rule or regulation;

b. A mismanagement of resources;

c. A gross waste of funds;

d. An abuse of authority; or

e. A substantial and specific danger to the public welfare.

B. The merit principles of the City do not create a private cause of action for any person. However, in a grievance, an employee may demand that the City comply with the merit principles. (Prior code § 8B-107)

Article 2. Definitions

4.04.080 Terms defined.

The following terms and words, wherever used in this chapter, shall be defined as:

“Allocation” means the assignment of an individual position to an appropriate class.

“Appointment” means the placement of a person in a position in the City’s classified service.

“Authorized position” means a position approved by the Mayor and Council in the annual budget or an amendment to the annual budget.

“Class” means a group of positions which are sufficiently similar in general duties and responsibilities to warrant the use of the same position title, rate of compensation and minimum qualifications.

“Class specification” means a written description of the essential characteristics of a class of positions, including the title, nature and level of work, typical examples of duties, education and experience, requirements and knowledge, skills and abilities needed to perform the work of the class.

“Continuous service” means employment without interruption, except for absences on approved leave, or approved absences to serve in the Armed Forces of the United States.

“Demotion” means a reassignment of an employee from a position in one class to a position in another class which has a lower maximum pay step.

“Immediate family.” An employee’s “immediate family” shall include a domestic partner, spouse, mother, father, siblings, children and any dependents.

“Incumbent” means an individual who occupies a given position and performs the assigned duties and responsibilities of that position.

“Job description” means the written description of the duties and responsibilities of a position within the City’s classified service.

“Layoff” means the involuntary, nondisciplinary separation of an employee from a position.

May. The word “may” is to be construed as vesting discretionary authority in certain positions.

Overtime. “Overtime pay” is that compensation which is paid to an employee for work performed in excess of the normal work period of the employee.

“Pay grade” means a range of pay which is assigned to a given class.

“Pay plan” means the official pay schedule of pay grades and pay steps adopted by the Council to set prescribed rates for each grade and step and any adjustments to pay and bonuses adopted by the Council.

“Pay step” means a particular rate of compensation found within the range of a pay grade (for example, Steps A through J).

“Permanent full-time position” means a group of duties and responsibilities which requires the employment of one person for 100% of a workday and for at least a one-year period.

“Permanent part-time position” means a group of duties and responsibilities which requires the employment of one person for not less than 25% of a workday, but less than 100% of a workday on an average basis, and for at least a one-year period.

“Personnel action” means a promotion; a demotion; a detail; a transfer; a separation; or any significant change in duties or responsibilities which is inconsistent with the employee’s job description.

“Position” means a group of duties and responsibilities which is the basic unit of organization for personnel in the City, and which is filled by one employee or by 2 employees who share the position.

“Position classification plan” means the official compilation of class specifications outlining the duties, responsibilities and qualifications of each class within the City’s classified service.

“Probationary period” means a 6-month period of time considered as an integral part of an incumbent’s induction process, either for original appointment or promotion, during which the employee is required to demonstrate fitness for the position prior to receiving permanent status. For police officers, the “probationary period” is one year.

“Promotion” means a change in the position of an employee to a vacant position in a different class that is assigned to a higher pay grade.

“Reclassification” means an official change in the allocation of an individual position by raising it to a class that is assigned to a higher pay grade, reducing it to a class that is assigned to a lower grade or moving it to another class assigned to the same pay grade.

“Senior executives” means employees who serve at the pleasure of the City Administrator and the immediate deputies of these employees.

Series. Each class will be numerically grouped with those classes which possess similarity in the kind of work performed.

Shall. The word “shall” is to be construed as mandatory.

Should. The word “should” is to be construed as a direction that is not mandatory.

“Suspension” means an enforced involuntary leave of absence for disciplinary purposes.

“Temporary employee” means an individual who is appointed either to perform the duties and responsibilities of a permanent full-time or part-time position in an emergency situation or to perform the duties and responsibilities of a temporary position.

“Temporary position” means a group of duties and responsibilities which requires the employment of one person, either on a full-time or part-time basis for seasonal or other purposes.

“Transfer” means the assignment of an employee from one position to another. “Transfers” can take place within a department, between departments, between positions of the same class or between positions allocated to different classes.

“Vacancy” means a duly authorized and budgeted position which is not occupied by an incumbent.

“Workday” refers to the number of hours regularly scheduled in one 24-hour period.

Work Period. For police personnel, a “work period” shall be 14 days in succession.

“Workweek” refers to the number of hours regularly scheduled in a 7-consecutive-day period. (Prior code § 8B-108)

Article 3. Conduct of Employees

4.04.090 General policy.

All City employees, irrespective of their status, are forbidden to engage in conduct which reflects unfavorably upon the City at all times. City employees are also forbidden to engage in conduct which creates the impression of or results in the actual use of public office for private gain, to giving preferential treatment to any person or to lose absolute impartiality and objectivity in the performance of City business. (Prior code § 8B-109)

4.04.100 Business activities and solicitation.

No City employee shall engage in any business other than that which directly relates to the duties and responsibilities of the employee’s assigned position during working hours, including such activities as selling to fellow employees, lending money for profit, etc. (Prior code § 8B-110)

4.04.110 Outside employment.

A. Upon written notification to the employee’s department head, an employee may engage in noncity service employment. However, no employee may retain employment which would jeopardize the integrity of the City, create a conflict of interest or interfere with the performance of the duties and responsibilities of his or her position. Should the department head determine that an employee’s outside employment has a negative impact upon the City’s image or interferes with the efficient operation of the City government, he or she may instruct the employee to terminate the outside employment. Such instruction shall be enforceable via possible disciplinary action as prescribed in Article 11.

B. Any employee who engages in outside employment shall be fully cognizant of the fact that he or she is subject to call to perform his or her regular City duties should such action become necessary.

C. Should a City employee become disabled either through occupational disease or injury directly attributable to the employee’s outside employment, the City in no instance shall be liable nor grant injury leave to the employee. Neither shall the employee be eligible for workmen’s compensation benefits through the City. (Prior code § 8B-111)

4.04.120 Privileged information.

A. Since many City employees are in a position to obtain information or to influence a decision concerning financial matters, it shall be strictly forbidden for an employee to utilize such information or influence in a manner that benefits the employee and/or any acquaintance. If an employee finds that he or she has a financial interest which could be affected by a City action, then the employee is affirmatively obligated to report the situation to his or her department head and/or the City Administrator.

B. Only in extenuating circumstances may privileged information be disclosed to the public. Such disclosure must be approved by the City Administrator, but in no instance shall the information be of a financial nature. (Prior code § 8B-112)

4.04.130 Political activity.

All employees of the City shall be able to exercise their franchise in any election in which they may be eligible, and to express their opinion. All City employees have the explicit right either to participate or to refrain from participating in partisan political activity with the provision that no employee has the right to engage in partisan political activity during regular working hours. No City employee shall be permitted to hold any elective office within the City government. Except for positions on the Personnel Appeal Board, City employees may be permitted to accept appointive positions, within the scope of Section 4.04.110. (Prior code § 8B-113)

Article 4. Classified System

4.04.140 Overview of compensation.

A. The compensation of an employee is determined by the following steps, unless the employee is a senior executive and the Council has established a senior executive service as part of the pay plan:

1. Identify the position that the employee is in;

2. Identify the class that the employee’s position is allocated to;

3. Identify the grade that the employee’s class is assigned to;

4. Identify the step that the employee is in;

5. Find the base salary in the pay schedule for the employee’s grade and step;

6. Add to the base salary any adjustments to salary provided by the pay plan;

7. Add to the adjusted salary any bonuses provided by the pay plan.

B. An employee is placed in a position by the personnel officer when the employee is hired.

C. A position is allocated to a class by the department head with the approval of the personnel officer.

D. A class is assigned to a grade by the City Administrator. The assignment must be based on an objective evaluation of each class and a determination that the work done by every class in the same grade is comparable in its primary elements.

E. The step that an employee is in is determined by the personnel officer under this chapter.

F. The pay schedule is part of the pay plan. It is usually in the form of a chart.

G. The pay plan may adjust an employee’s salary to compensate for shift work, working conditions and other conditions affecting employment. This section does not create a right to any adjustment.

H. The pay plan may add bonuses to an employee’s salary. If any bonuses are given, they must be part of a program with a specific narrow purpose. This section does not create a right to any bonus.

I. The Council may establish a senior executive service as part of the pay plan. This service may have procedures for determining compensation that are different from the procedures in this section. (Prior code § 8B-114)

4.04.150 Creation and abolition of positions.

A. The Council creates and abolishes positions by including or not including them in the City’s annual budget. The Council can create new positions and abolish existing positions by amending the budget after it has passed.

B. The City Administrator prepares the job description for a new position. The City Administrator makes any changes to the job description after consulting with any incumbent of the position, the immediate supervisor of the position and the department head.

C. The City Administrator shall recommend to the Council the abolition of a position whenever the City Administrator deems it necessary and in the best interest of the City. (Prior code § 8B-115)

4.04.160 Position classification plan.

The City Administrator shall prepare a position classification plan encompassing all permanent part-time and permanent full-time positions in the City service. The position classification plan shall consist of a list of all classes in the City’s classified service and class specifications outlining the nature, duties, responsibilities and qualifications of each class. (Prior code § 8B-116)

4.04.170 Allocation of positions to classes.

A. Subject to the approval of the City Administrator, the head of each department shall allocate every permanent position in the department to a class. The positions in a class must be so similar in the nature of the work and the required experience and training that the same pay grade is appropriate for all of the positions in the class.

B. For purposes of maintaining equity between employees, the personnel officer may allocate a position to a different class. (Prior code § 8B-117)

4.04.180 Class specifications.

A. Each class within the City service shall have a written statement outlining its principal characteristics. The personnel officer writes the class specifications with the assistance of the department heads. Specifically, each class specification shall include:

1. A class title;

2. A description of the duties and level of responsibility and authority of the work;

3. A set of illustrative work examples;

4. A statement of the required knowledge, skills and abilities;

5. A statement of the minimum qualification requirements.

B. The class specification is not to be construed as a prescriptive framework for any position within a class. The illustrated duties and responsibilities for a class shall not be construed as an exclusion of duties and responsibilities which are of a similar kind and level. The class specifications shall not infringe upon a department head’s or the City Administrator’s power and authority to direct, assign and control the work of their respective subordinates. Qualifications expected of all incumbents of positions (for example, required licenses and certificates; good physical condition, if the work of the position requires good physical condition; freedom from disabling defects which the personnel officer specifically finds would adversely affect work performance; integrity; sobriety; efficiency; concern for the public interest; courtesy; and productivity) shall be deemed to be implied in the qualification requirements of each class, even though not specifically mentioned in the class specification.

C. All City employees shall be given a copy of their appropriate class specification and shall be furnished new ones should their positions be reallocated. Copies of class specifications for all classes shall be available in the City Administrator’s office and may be reviewed by the public and any City employee. (Prior code § 8B-118)

4.04.190 Amendments to position classification plan.

A. Authority. The City Administrator may establish or abolish a class and may change a class specification to:

1. Accommodate the addition or removal of a position to or from the class;

2. Reflect changes in the job description of a position in the class; or

3. Ensure equity in the classified system.

B. Establishment of New Class. No newly created position(s) designed to be allocated to a new class shall be filled until the position classification plan is amended to incorporate the new class. The City Administrator establishes the new class, and the department head allocates positions to the new class with the approval of the City Administrator.

C. Abolishment of a Class. If the abolishment of a position under Section 4.04.150 results in the abolishment of a class, the City Administrator shall also amend the position classification plan abolishing the class. (Prior code § 8B-119)

4.04.200 Reclassifications.

A. Annual Review of Job Descriptions. At the time of the employee evaluation and development discussion between the supervisor and employee, the employee’s job description will be thoroughly reviewed to note any significant changes which may have taken place in the employee’s job. The supervisor, with the employee’s assistance, will prepare a description of proposed alterations, additions or deletions required in the job description and will forward these proposed changes to the City Administrator. The City Administrator will determine if the job description should be changed. With the department head, the City Administrator shall also determine whether the position shall be allocated to a different class. The City Administrator must approve any changes in the allocation of a position to a class.

B. Reconsidering Allocation to a Class. If there have been material changes in the level of duties, responsibilities or nature of work of a position, the department head may ask the City Administrator to change a job description. If the City Administrator changes the job description, the department head may consider allocating the position to a different class with the approval of the City Administrator. Apart from the semiannual employee evaluation and development discussion, an employee may request that the job description of the employee’s position be changed or that the employee’s position to be allocated to a different class by submitting a written justification for such change to the department head. It is also within the department head’s and the City Administrator’s authority to initiate a review of an employee’s allocation to a class when just cause exists. A position can be allocated to a new class assigned to a higher pay grade, lower pay grade or the same pay grade. When a position is allocated to a different class, it shall be assigned to a pay grade in accordance with this chapter. (Prior code § 8B-120)

4.04.210 Assigning class to pay grade.

A. The City Administrator must assign each class to a pay grade by publishing a position classification plan. The City Administrator must assign a grade for each class. This assignment shall be based on the written report of a committee established by the City Administrator.

B. The committee shall objectively evaluate classes. In evaluating classes, the committee shall use a written job evaluation system that considers the following factors. The committee’s written job evaluation system may use additional factors if the Mayor and Council approve the factors:

1. Required education;

2. Required experience;

3. Complexity of duties;

4. Risk of financial loss;

5. Contact with others;

6. Working conditions;

7. Supervision of others. (Prior code § 8B-121)

4.04.220 Contents, preparation and adoption of pay plan.

A. Except for senior executives, the pay plan must specify base salaries for the pay steps referred to in Sections 4.04.240 and 4.04.250 for each pay grade. The pay plan may specify adjustments to the base salaries to compensate employees for unusual working conditions. Evening and night work may be one of these adjustments. The pay plan may also specify bonuses to be paid to employees as part of programs with specific narrow purposes. The section does not create a right to any bonus or adjustments.

B. The base salaries for different grades should maintain the relative worth of work done by employees in classes assigned to different grades.

C. The City Administrator shall prepare a pay plan covering all pay grades in the City’s service. The plan must be based on the written report of the evaluation committee established by the City Administrator under Section 4.04.210.

D. The pay plan and any amendments to the pay plan are not effective until adopted by the Mayor and Council by ordinance. (Prior code § 8B-122)

4.04.230 Pay period.

A. Length of Pay Period. The pay period for all:

1. Salaried employees is 2 weeks.

2. Full-time hourly employees is one week.

3. Part-time employees is governed by the procedures of their department.

B. Payment for Work Done During Pay Period. An employee is only paid for work that has already been performed. The City must pay employees for the work done during a pay period as soon as practical after the end of the pay period, but never later than one week after the end of the pay period. The City Administrator may adjust pay dates to implement this section. (Prior code § 8B-123)

4.04.240 Determination of pay increases.

A. Date of Pay Increases. Pay increases associated with promotions take effect on the date of promotion. Employees will become eligible for step increases or performance awards on July 1st if they were hired prior to July 1, 1999, and persons hired after July 1, 1999, will receive step and performance increases on their anniversary date of employment. The Mayor and Council may defer the effective date of increases by ordinance.

B. Performance Increases.

1. The City Administrator is responsible for establishing appropriate Personnel Regulations to govern the award of pay for performance increases.

2. If the employee took leave without pay for more than 10 regularly scheduled work days during the prior year, any performance increase that the employee is entitled to will be postponed for a corresponding period of time.

C. Market Adjustments.

1. A market adjustment is a percentage increase applied to the pay scale.

2. The Council determines whether the City will give a market adjustment in any year and the size of the adjustment. The City Administrator will recommend annual market adjustments as part of the budget process. The market adjustment may be based on an actual market survey or the Bureau of Labor Statistics “Employment Cost Index for State and Local Government Wages and Salaries.” (Prior code § 8B-124)

4.04.250 Salary rates for reallocations, promotions and demotions.

A. Promotions and Upward Reallocations. If an employee is promoted or is an incumbent of a position that is reallocated to a class in a higher grade, the employee’s new pay step will be the first step in the new grade that is at least 6% higher than the employee’s current step.

B. Salaries Above Maximum. When an employee’s salary is at or above the maximum, the increase above the maximum will be awarded as a lump sum bonus and will not be included in the employee’s base pay. Employees whose pay is currently above the maximum will continue to receive their current pay. Any increase which they become eligible for will be awarded as a bonus.

C. Downward Allocations. If an employee is an incumbent of a position that is reallocated to a class in a lower grade, then the employee’s new step will be the lowest step that exceeds the employee’s current salary. If the maximum in the new grade exceeds the employee’s current salary, the employee’s salary will not change until:

1. The maximum in the new grade exceeds the employee’s salary (the employee will be placed at the maximum in the grade);

2. 3 years pass (the employee will be placed at the maximum in the new grade);

3. The employee is promoted; or

4. The employee is demoted.

D. Demotions. When an employee is demoted, the City Manager shall determine the employee’s step in the new grade. The City Manager shall base his or her decision on the reasons for the demotion and the employee’s record of performance with the City. (Ord. 2009-30 § 1, 2009/prior code § 8B-125)

4.04.260 Salary rates for transfers.

An employee shall continue to be paid at the same rate if an employee is permanently transferred from a position in one class to a position in another class assigned to the same pay grade; or to another position in the same class. (Prior code § 8B-126)

4.04.270 Compensation for new employees.

When the City Administrator hires a new employee, the City Administrator may assign the employee to any step in the grade that the employee’s class is assigned to. The assignment must be based on objective criteria established by regulation. (Prior code § 8B-127)

4.04.280 Overtime.

A. It shall be City policy to make every effort to eliminate overtime work. However, recognizing that emergencies do occur which require overtime payment to be made, the City shall compensate employees in accordance with the Federal Fair Labor Standards Act of 1974, as amended, and the Maryland Wage and Hours law, as amended.

B. All full-time employees shall be paid time and one-half for any hours worked over their normal work or regular duty hours, except that this section shall not apply to the incumbents of the positions enumerated below:

1. The City Administrator;

2. The department heads and Assistant Directors of Departments;

3. The Assistant City Administrator(s);

4. The City Clerk and Deputy City Clerk;

5. The Economic and Community Development Coordinator; and

6. The Police Captain and Police Lieutenant(s). (Prior code § 8B-128)

Article 5. (Reserved)

Article 6. Attendance and Leave

4.04.290 Authorized leave.

Authorized leave is the official recognition of an employee’s right to utilize, in the proper manner, any of the legitimate leave he or she has earned while in the employ of the City. Leave may be authorized with or without pay by the appropriate authority and shall be granted in accordance with these rules on the basis of the work requirements of the departments and, whenever possible, the personal wishes of the employee. (Prior code § 8B-129)

4.04.300 Requests for leave.

For all leave, other than sick and emergency leave, a written request submitted on a personal action form, indicating the kind of leave, duration and dates of departure, must be approved prior to the taking of leave. In the case of sick and emergency leave, the leave form shall be submitted for approval immediately upon the employee’s return to duty. Unless an absence from duty has been duly authorized by the department head and the City Administrator, an employee shall not receive compensation for any absence from duty. (Prior code § 8B-130)

4.04.310 Accounting responsibilities and procedures.

Each department head shall be responsible for reporting leave used by employees. A department head may delegate such reporting responsibility to a supervisor who can visually monitor the absence of an employee. (Prior code § 8B-131)

4.04.320 Holiday leave.

A. The following days shall be recognized as legal holidays for which compensation will be made:

1. New Year’s Day;

2. Martin Luther King, Jr.’s Birthday (January 15, 1986, and every year thereafter).

3. Washington’s Birthday (third Monday in February);

4. Memorial Day (last Monday in May);

5. Juneteenth (June 19th);

6. Independence Day (July 4th);

7. Labor Day (first Monday in September);

8. Veterans Day (November 11th);

9. Thanksgiving Day (fourth Thursday in November);

10. Friday after Thanksgiving Day (November 24, 1989, and the fourth Friday in November every year thereafter);

11. Christmas Eve (one-half day);

12. Christmas Day.

B. Compensation for a holiday shall be made only if the employee worked on his or her last regularly scheduled working day prior to the holiday and on his or her first regularly scheduled working day following the holiday or is on approved leave. Should an employee be in a full-pay status on these two days, for whatever reason, compensation for the holiday shall be paid.

C. Full-time employees are granted holiday leave for the total number of hours constituting their regularly scheduled workday or shift.

D. Part-time employees are granted holiday leave only if they work at least 40 hours per pay period. When this eligibility requirement is met, part-time employees earn holiday leave in proportion to the number of hours reported in a pay status.

E. The City Administrator determines the City services to be maintained on a holiday. As a result, an employee may be required to work on designated holidays. It is the City Administrator’s responsibility, or his or her designee (e.g., department heads), to designate and inform those employees required to work on holidays.

F. Employees who perform work for the City on a holiday shall be paid during the next regular pay period at two times their regular rate for hours worked on such day. Holiday leave may not be accumulated on or after the effective date of this chapter.

G. When a holiday falls on a full-time shift-work employee’s regularly scheduled day off, the employee shall be paid for his or her regular shift hours that fall on the holiday, at his or her regular rate.

H. An employee who works additional time beyond his or her regularly scheduled workday/shift on a holiday shall be paid at the regular overtime rate of one and one-half times his or her regular rate.

I. An employee who is scheduled to be off on a holiday and who is called in to work shall be compensated at two times his or her regular rate for hours worked up to the amount of hours in that employee’s regular shift or workday.

J. Should one of the above-mentioned holidays fall on a Saturday, all eligible employees shall take the regularly scheduled working day prior to Saturday as the holiday.

K. Should one of the above-mentioned holidays fall on a Sunday, all eligible employees shall take the regularly scheduled working day prior to Saturday as the holiday.

L. An employee who, on or prior to the effective date of this chapter, has accumulated holiday leave shall:

1. Have all accrued holiday leave balances frozen at the salary rate that is in effect at the time of enactment of this chapter;

2. Use all such leave by December 31, 1990, except as provided herein:

a. Employees shall make application for time off on or before January 1, 1990. Requests for time off shall not be unreasonably denied. If an employee has asked for time off and it cannot be scheduled because of the City’s work load, accumulated holiday leave accrued prior to the effective date of this chapter may be carried over upon approval by the City Administrator, until such time as the department head can schedule time off for the employee;

3. Utilize accrued holiday leave by the following methods:

a. Use such leave at the rate of at least 10% per year for five years, on an hour-for-hour basis, at the salary rate the employee has attained at the time leave is taken, up to December 31, 1990,

b. Upon termination from the City, receive payment on an hour-for-hour basis at the salary rate the employee has attained on the effective date of this chapter,

c. Receive monetary compensation for at least 10% per year for five years at the current salary rate the employee has attained at the time of compensation. Such payments may be made in the form of deferred compensation with growth potential, such as IRS 401(k)s or IRAs.

M. Notwithstanding the provisions of subsection (L) of this section, the Mayor and Council may at any time authorize payment in full to employees who have accrued holiday leave, at the salary rate in effect at the time of enactment of this chapter.

N. Department heads are to develop annual plans for the scheduling of holiday leave accumulated prior to the effective date of this chapter. Quarterly reports are to be submitted to the City Administrator by the department heads on progress made toward the elimination of leave accrued on or prior to the effective date of this chapter. Quarterly reports are to be made to the Mayor and Council on progress made toward elimination of leave accrued on or prior to the effective date of this chapter. (Ord. 2021-41 § 1, 2021/prior code § 8B-132)

4.04.330 Annual leave.

A. Rates.

1. Each full-time and/or probationary employee and permanent part-time employee shall be entitled to earn annual leave at a rate in accordance with the following schedule:

a. One to 5 years of service: 96 hours per year [12 days].

b. 6 to 10 years of service: 144 hours per year [18 days].

c. 11 or more years of service: 192 hours per year [24 days].

2. These rates compute as follows:

a. One to 5 years of service: 8 hours per month.

b. 6 to 10 years of service: 12 hours per month.

c. 11 or more years of service: 16 hours per month.

B. No employee shall be eligible for annual leave unless he or she has completed 90 days of continuous service.

C. “Leave year” refers to the period beginning January 1st and ending December 31st of the same calendar year. All leave calculations will be based on a leave-year basis.

D. Once an employee becomes eligible to earn annual leave, he or she may charge to his or her annual leave account an amount which is in excess of that which he or she has actually earned through years in service. The advance charge must be at a rate which corresponds to an employee’s years in service and, at leave-year’s end, shall not be in excess of what an employee would have earned for the particular leave year in question had advancement not occurred. Should an employee’s request for advanced leave produce a deficit in his or her projected leave account balance at year’s end, the request shall be denied.

E. Employees are not permitted to accumulate unused annual leave in an amount exceeding 30 days at the end of any calendar year. However, beginning with leave accrued during calendar year 1987, if management has denied an employee the opportunity to use accrued leave that would exceed the maximum allowable accumulation during that leave year, then such an amount may be carried over for a period of no more than one year at the discretion of the City Administrator or his or her designee, pursuant to the procedure set out below. An employee must apply to carry over such annual leave in the following manner:

1. Employee requests to carry over annual leave must be in writing.

2. Such a request must be accompanied by written documentation that annual leave was denied.

3. Before a request to carry over annual leave into the next calendar year shall be granted, the request must be approved in writing by the City Administrator or his or her designee.

F. Employees whose tenure with the City is terminated, for whatever reason, shall be paid a lump sum amount equal to the balance of annual leave earned from the date of service entrance to the final day of the preceding month.

G. An employee may take his or her annual leave at any time during the calendar year, provided that the department head approves of the schedule. A request for annual leave must be submitted no later than 5 workdays prior to requested vacation time. An employee shall not take more than 15 consecutive workdays off without prior written approval by the City Administrator.

H. Annual leave shall be credited at the end of each calendar month. No leave shall be credited when an appointment is made effective after the 15th of the month. When an employee separates from the City service, no annual leave shall be earned for that calendar month in which the separation occurs.

I. An employee who, on the effective date of this chapter or the end of the current accrual period, has accumulated annual leave shall:

1. Have all accrued annual leave balances frozen at the salary rate that is in effect at the time of enactment of this chapter;

2. Use all such leave by December 31, 1990, except as provided herein:

a. Employees shall make application for time off on or before January 1, 1990. Requests for time off shall not be unreasonably denied. If an employee has asked for time off and it cannot be scheduled because of the City’s work load, accumulated annual leave accrued prior to the effective date of this chapter may be carried over upon approval by the City Administrator, until such time as the department head can schedule time off for the employee;

3. Utilize accrued annual leave by the following methods:

a. Use such leave at the rate of at least 10% per year for 5 years, on an hour-for-hour basis, at the salary rate the employee has attained at the time leave is taken, up to December 31, 1990,

b. Upon termination from the City, receive payment on an hour-for-hour basis at the salary rate the employee has attained on the effective date of this chapter,

c. Receive monetary compensation for at least 10% per year for 5 years at the current salary rate the employee has attained at the time of compensation. Such payments may be made in the form of deferred compensation with growth potential, such as IRS 401(k)s or IRAs.

J. Notwithstanding the provisions of subsection (I) of this section, the Mayor and Council may at any time authorize payment in full to employees who have accrued annual leave, at the salary rate in effect at the time of enactment of this chapter.

K. Department heads are to develop annual plans for the scheduling of annual leave accumulated prior to the effective date of this chapter. Quarterly reports are to be submitted to the City Administrator by the department heads on progress made toward the elimination of annual leave accrued on or prior to the effective date of this chapter. Quarterly reports are to be made to the Mayor and Council on progress made toward elimination of annual leave accrued on or prior to the effective date of this chapter. (Prior code § 8B-133)

4.04.340 Sick leave.

A. Each permanent full-time and permanent part-time employee shall in addition to annual leave be entitled to earn sick leave at the rate of 15 days per year or 10 hours per month.

B. The sick-leave year is identical to the annual-leave year. All leave calculations will be based on a leave-year basis.

C. Employees are permitted to accumulate sick leave without limit.

D. Granting of Sick Leave. Subject to the provisions of subsection (D)(3)(a) of this section, an employee shall be entitled to use earned sick leave for any one of the following reasons:

1. Illness or injury of an employee;

2. Employee medical appointments;

3. Illness of a member of the employee’s immediate family or illness of a member of the employee’s family outside of the employee’s household, provided that the employee’s absence is necessitated by that family member’s illness and provided that the term “family,” as used in this subsection, shall be defined as in subsection (D)(3)(a) of this section:

a. The term “family” shall include an employee’s mother, father, domestic partner, spouse, children, siblings or those dependents who reside with the employee.

E. Approval of Sick Leave.

1. Any employee unable to report for work on account of illness or injury shall notify his or her respective supervisor in accordance with departmental regulations. Sick leave shall begin on the day notification is given and terminate upon the employee’s return to duty.

2. Collective bargaining agreements and general work orders supersede the requirement above.

3. Should an employee utilize more than 4 days’ sick leave, he or she may be required to submit to the department head a physician’s certificate verifying the illness or injury.

4. In the event of any medical appointment or medical procedure scheduled at least 48 hours in advance, the employee shall notify his or her supervisor at least 24 hours in advance.

F. An employee who resigns in accordance with the requirements of these regulations shall have any accumulated sick leave remain on the employee’s personnel record for a 3-year period and recredited to the employee’s account in the event that the employee is reinstated during this period of time.

G. Sick leave shall be credited at the end of each calendar month. No leave shall be credited when an appointment is made effective after the 15th of the month.

H. In no case will payment be received by an employee for unused sick leave upon separation from City employment.

I. After 90 days of continuous employment, an employee may utilize the aggregate amount of sick leave which would accrue to him or her during the calendar year in which the leave is taken. Any leave taken in excess of that which would have accrued by the end of any calendar year will be considered leave without pay. (Prior code § 8B-134)

4.04.350 Compensatory leave.

A. “Compensatory leave” is defined as time off as approved by the appropriate authorizing administrator in lieu of paid overtime, to be granted to salaried, nondepartment head employees only or those so designated by the City Administrator.

B. An employee who, on or prior to the effective date of this chapter, has accumulated compensatory leave shall:

1. Have all accrued compensatory leave balances frozen at the salary rate that is in effect at the time of enactment of this chapter;

2. Use all such compensatory leave by December 31, 1990, except as provided herein:

a. Employees shall make application for time off on or before January 1, 1990. Requests for time off shall not be unreasonably denied. If an employee has asked for time off and it cannot be scheduled because of the City’s work load, accumulated compensatory leave accrued on or prior to the effective date of this chapter may be carried over upon approval by the City Administrator, until such time as the department head can schedule time off for the employee;

3. Utilize accrued compensatory leave by the following methods:

a. Use such leave at the rate of at least 10% per year for 5 years on an hour-for-hour basis, at the salary rate the employee has attained at the time leave is taken, up to December 31, 1990,

b. Upon termination from the City, receive payment on an hour-for-hour basis at the salary rate the employee has attained on the effective date of this chapter,

C. Notwithstanding the provisions of subsection (B) of this section, the Mayor and Council may at any time authorize payment in full to employees who have accrued compensatory leave, at the salary rate in effect at the time of enactment of this chapter.

D. Department heads are to develop annual plans for the scheduling of compensatory leave accumulated on or prior to the effective date of this chapter. Quarterly reports are to be submitted to the City Administrator by the department heads on progress made toward the elimination of leave accrued on or prior to the effective date of this chapter. Quarterly reports are to be made to the Mayor and Council on progress made toward elimination of leave accrued on or prior to the effective date of this chapter.

E. Any compensatory leave accrued on or prior to the effective date of this chapter and unused on or before December 31, 1990, may be converted to sick leave at the option of the employee. (Prior code § 8B-135)

4.04.360 Injury leave.

Any City employee who sustains an injury or contracts an occupational disease directly through the performance of his or her work shall be entitled to injury leave. An employee who utilizes injury leave shall receive full pay without charge against the employee’s annual- or sick-leave account, subject to the following conditions:

A. If the disability is temporary in nature and complies with the State Workmen’s Compensation Act.

B. Payment of injury leave shall be contingent upon the assignment of workmen’s compensation insurance to the employee for the period of injury leave.

C. An employee who may be eligible for injury leave shall have the first 3 days of absence from work charged to sick leave. Continuous absence beyond 3 days shall be cause for granting injury leave. Continued absence beyond 28 days shall be cause to credit the employee’s sick leave with 3 days. For the duration of an employee’s injury leave, the City shall pay only the difference between his or her regular rate of compensation and that amount he or she will receive through workmen’s compensation insurance.

D. The employee shall be subject to a temporary job reassignment for the period of the disability without change in pay status, provided that the employee is unable to discharge the duties and responsibilities of his or her assigned position and, subject to a physician’s approval, is able to perform the duties and responsibilities of the position to which he or she is temporarily reassigned. Refusal to accept a job reassignment shall terminate the employee’s eligibility to receive injury leave. Should an employee elect not to accept temporary job reassignment, it shall be the employee’s option to either take leave without pay or charge time off to sick leave.

E. The granting of injury leave shall in no instance exceed 6 months, except with special approval of the City Council.

F. Annual-leave and sick-leave earnings and accrual shall remain unchanged. (Prior code § 8B-136)

4.04.370 Military leave.

All requests for military leave, other than annual training periods, shall be handled in accordance with Section A of the Universal Military Training and Service Act. This leave shall be granted upon presentation by the employee of official orders. Military leave shall be granted for annual training periods not exceeding 15 days upon presentation of official orders. The employee shall be in a full pay status during this period, except that moneys earned while on active duty will be deducted from his or her normal earnings with the difference being paid by the City. (Prior code § 8B-137)

4.04.380 Maternity leave.

A. Maternity leave may be granted to an employee at any time during a pregnancy upon a physician’s certification that continued employment would be hazardous to the employee’s health.

B. Any pregnant employee wishing to continue work beyond the commencement of the third trimester of pregnancy must submit a monthly statement from her physician certifying her ability to remain at work.

C. Upon termination of a pregnancy, an employee may not return to work for a 6-week period, unless a physician’s certification is submitted indicating that the employee has fully recovered and is fully able to discharge the duties and responsibilities of the assigned position. Maternity leave in all instances shall not be continued in excess of 8 weeks upon termination of the pregnancy.

D. Maternity leave shall first be charged to sick leave and upon expiration thereof to annual leave. Upon expiration of all annual and sick leave, an employee shall be placed on leave of absence. (Prior code § 8B-138)

4.04.390 Bereavement leave.

Each permanent employee may be granted by the department head time off with pay, not to exceed 3 workdays, in the event of a death in his or her immediate family. Funeral leave shall not be charged to annual leave, compensatory leave or sick leave. (Prior code § 8B-139)

4.04.400 Jury leave.

An employee who is legally summoned to serve on juries and/or in court trials may be permitted an absence with pay for the entire time required for such duty. Should the employee receive compensation for his or her jury performance, the City will pay only the difference between the jury compensation and employee’s regular rate of pay, excluding expenses. (Prior code § 8B-140)

4.04.410 Civic duties.

Should an employee who is duly eligible to participate in national, state, municipal or special elections be restricted from doing so by his or her work schedule, the department head may provide the employee a reasonable period of time to exercise this right. (Prior code § 8B-141)

Article 7. Selection and Appointment of Employees

4.04.420 Recruitment.

There shall be no restriction on the geographic area from which qualified candidates for any position within the City service can be recruited. When residents of Takoma Park and nonresidents are equally qualified for a vacant position, Takoma Park residents may receive first consideration for appointment; however, this provision should not be construed as a guaranty of employment. (Prior code § 8B-143)

4.04.430 Qualification requirements.

When a vacancy occurs in the classified service, the City Administrator shall establish or approve the basic requirements for successful job performance, i.e., qualification requirements. These qualifications shall be based on those as outlined in the job description, as well as other requirements deemed appropriate by the City Administrator and the department head. These qualification requirements will serve to measure the characteristics of an applicant as they apply to the probable success of that applicant in a position within the City service. (Prior code§ 8B-144)

4.04.440 Applications.

A. All candidates applying for an available position within the City’s classified service must secure and complete an official application form from the City offices during normal working hours. All application forms must have the applicant’s signature affixed thereto thereby certifying the truth of all statements contained in the application, otherwise the application will be disqualified.

B. Any individual may submit an application for a position that is not vacant. In this instance, the application will be placed on file and retained for a one-year period, then purged from City records. (Prior code § 8B-145)

4.04.450 Examinations.

A. Examinations may be administered to candidates applying for positions in the City service. The examination shall include a survey of an applicant’s knowledge, skills and abilities as they relate to the position to be filled. The City Administrator is charged with the responsibility of equitably administering all examinations.

B. It is to be understood that the results of an examination will serve as a supplementary factor in considering an applicant for employment. The City Administrator shall in each instance determine the relative significance of an examination score in the evaluation of a candidate’s total qualifications. (Prior code § 8B-146)

4.04.460 Appointment.

A. Applicants and Employment. The department head shall interview at least the 3 most highly qualified applicants that he or she has identified for an available position. The City Administrator shall have the right to interview any applicant for an available position. It shall be the department head’s responsibility to recommend a candidate subject to the City Administrator’s approval. When favorable judgment is passed on an applicant, a notice to report to work will be given. It shall then be the applicant’s responsibility to promptly accept the employment opportunity, otherwise the applicant may be disqualified. Should the applicant accept and fail to report to work within 2 working days after the date established by the department head, the applicant shall be dismissed without any compensation.

B. Permanent Appointment. A permanent appointment indicates the employee is to work for the City on a continuing and indefinite basis, either in a permanent full-time or permanent part-time position as defined by these regulations. Every permanent appointee shall serve a probationary period in accordance with these regulations, and not until the official probationary period expires will the appointee receive recognition that his or her appointment is certified acceptable.

C. Temporary Appointment. In certain circumstances (i.e., emergencies, seasonal needs, etc.), the City Administrator shall have the authority to appoint an individual to a position for a period of time limited in duration. Every effort should be made to restrict such appointments to a duration of no more than 3 months. However, in extenuating circumstances, the City Administrator may approve the continuance of a temporary appointee’s tenure with the City, with such approval evaluated on a monthly basis thereafter. There shall be a 6-month limit, whether continuous or intermittent, imposed upon the temporary appointment of an individual within any given 12-month period. (Prior code § 8B-147)

Article 8. Probationary Period

4.04.470 Purpose.

The probationary period shall be regarded as an integral period which each new employee is granted to prove his or her ability to perform the duties and responsibilities of the position to which he or she is assigned. Supervisors and department heads shall observe the employee’s work and conduct closely to facilitate an effective adjustment for the employee to his or her position. (Prior code § 8B-148)

4.04.480 Duration.

Every person appointed to a full-time or part-time permanent position shall be required to successfully complete a probationary period which shall provide the department head with an opportunity to view the employee’s ability to perform the duties and responsibilities of his or her position. The probationary period shall commence immediately upon original appointment or promotion and may continue for 6 months. A police officer’s probationary period shall be for a one-year period. (Prior code § 8B-149)

4.04.490 Expiration.

When the employee’s probationary period has expired, the department head shall notify the City Administrator in writing that:

A. The employee’s performance was satisfactory and that he or she shall be retained as a permanent employee in his or her position;

B. The employee’s performance or conduct was unsatisfactory and that his or her removal from the position is recommended. The department head shall furnish a list of reasons justifying the recommendation to the City Administrator and to the employee. Upon approval of such recommendation, the department head shall terminate the employee. A personnel action form for termination should accompany the recommendation;

C. An extension of the probationary period is requested to provide for additional observation. The employee shall continue in his or her position on a temporary basis subject to an additional review to be made within a period not to exceed 3 months. (Prior code § 8B-150)

Article 9. Promotions, Transfers, Resignations, Layoffs, Demotions

4.04.500 Seniority.

“Seniority” shall mean the length of continuous service an employee has in City employment. (Prior code § 8B-151)

4.04.510 Break in employment.

A. Except as provided in subsection (B) of this section, a break in continuous service that occurs in any of the following fashions terminates all accrued seniority rights, including continuous service:

1. Voluntary termination on the part of an employee;

2. Formal discharge of an employee.

3. Absence of the employee for more than 3 working days without approved leave.

B. Full Credit for Former Services.

1. An employee receives full credit for former service towards the employee’s seniority if:

a. The employee was on a leave of absence for one year or less and the City Administrator approved the leave of absence in advance in writing; or

b. The City laid off an employee for one year or less.

2. The City Administrator may issue a written decision giving an employee credit for former service towards the employee’s seniority if the employee resigned or the City laid off the employee for one to 3 years and the former service to the City lasted at least 3 continuous years with satisfactory performance evaluations. (Prior code § 8B-152)

4.04.520 Promotion policy.

A. The City encourages employees to develop skills, attain greater knowledge of their work and make known their qualifications for promotion to positions of greater difficulty and responsibility as vacancies occur. Every City employee shall have an opportunity to apply for a promotion in any City department. City employees who are equally qualified for an available position with outside applicants shall be given preference over noncity employee applicants. However, should there be an insufficient number of City employee applicants for an available position, the City Administrator may consider outside applicants in order to provide an adequate number of candidates for consideration. City employees who wish to apply for a promotion within the City’s classified service must secure an official application form at the City offices during normal working hours.

B. When passing judgment on a City employee’s application for promotion, the City Administrator shall take into consideration the respective department head’s opinion and the employee’s job-related skills, knowledge, abilities, experience and education which, as construed by the City Administrator, will contribute to satisfactory performance of duties of the position.

C. Applications for promotions will generally not be reviewed until the employee has been in the City’s service for 3 months upon expiration of the probationary period. (Prior code § 8B-153)

4.04.530 Demotion.

An employee may be demoted to a position of a lower grade, for which he or she is qualified, for any of the following reasons:

A. When an employee would otherwise be laid off because his or her position is being abolished, his or her position is reclassified to a lower grade, lack of work or lack of funds;

B. When an employee does not possess the necessary qualifications to render satisfactory service in the position he or she holds; or

C. When an employee voluntarily requests such demotion. (Prior code § 8B-154)

4.04.540 Transfer.

A. Any City employee may apply for a transfer to an available position within the City’s classified service by securing an application at the City offices during normal working hours. An application for transfer will be reviewed on the basis of an applicant’s ability to discharge the duties and responsibilities of the position. Where all applicants for the position are equally qualified, a City employee requesting a transfer may be given preference over noncity employees.

B. Any transfer action affecting an employee (i.e., promotion, demotion, temporary assignment, etc.) shall not affect the employee’s seniority. (Prior code § 8B-155)

4.04.550 Resignation.

An employee may resign from the City service in good standing by submitting in writing such intentions and the effective date to the department head at least 14 days in advance. The department head may permit a shorter period of notice because of extenuating circumstances. The resignation shall be forwarded to the City Administrator’s office, accompanied by a statement outlining the employee’s performance. Failure to submit a written resignation may be cause for denying future employment with the City. (Prior code § 8B-156)

4.04.560 Layoffs.

A. The City Administrator shall have the authority to implement a personnel layoff policy. If such a policy becomes necessary, either for lack of work or fiscal cutback, the laying off or demotion of employees within each class shall be determined by length of continuous service in the department: that is, the employee with the least seniority in the department shall be laid off or demoted first. In no instance shall such layoff or demotion be construed as a dismissal for unsatisfactory performances.

B. Reinstatement. If, within any class that has been affected by a service layoff, cause for reinstatement of a position exists, employees who were laid off last shall be the first offered reemployment. All employees affected by layoff within a class shall be offered reemployment prior to any such offering to applicants outside the City service. (Prior code § 8B-157)

Article 10. Employee Performance Evaluation

4.04.570 Purpose.

A. The City recognizes the need for an operating employee evaluation system in order to:

1. Fairly and accurately assess the granting of pay step increases to employees, based upon quality of work;

2. Fairly and accurately evaluate an employee’s strengths, weaknesses and potential for growth and promotion;

3. Provide a method for improving operating programs through employee participation.

B. Pay increases to the next step within a grade are not attained automatically. An employee must earn a pay step increase through proven ability to competently perform the required duties and responsibilities of the position to which the employee is allocated. In order to qualify for a pay step increase, an employee must receive an acceptable level of competence review by his or her supervisor. Failure to obtain this classification on the evaluations as scheduled below may result in no pay increase for the employee. (Prior code § 8B-158)

4.04.580 Maintenance of system.

The City Administrator’s office is responsible for overseeing the employee performance evaluation system. Employee evaluations shall be an ongoing, day-to-day responsibility of all employees at the supervisory level, who shall prepare written evaluation forms for their subordinates as scheduled below. (Prior code § 8B-159.)

4.04.590 Procedure.

A. Employee performance evaluations shall be conducted every 6 months based on the employee’s date of hire or date of promotion.

B. No later than 15 working days after the date of hire or promotion, an employee’s supervisor shall prepare an employee performance evaluation form. The supervisor shall evaluate the employee based on a variety of factors as applied to the assigned duties and responsibilities of the position occupied by the employee as outlined in the job description for that position. The supervisor shall note conspicuous strengths, capabilities and skills as well as weaknesses. The supervisor shall then discuss the evaluation with the employee so that the employee will be informed of his or her performance in relation to the evaluation standards. The supervisor shall also solicit the employee’s observations of the department’s program and his or her assignments, especially his or her suggestions for improving assignments, functions or work procedures and any special problems noted. The employee shall have the opportunity to discuss any other point(s) he or she feels the supervisor may have overlooked and may write any comments he or she wishes to make on the form. The employee shall sign the form confirming that a discussion was held with the supervisor.

C. At the time of the evaluation discussion, the supervisor shall also thoroughly review the job description with the employee to note any major changes which either of them feel have taken place in the employee’s job, and to clarify duties which the supervisor assigns to the job. The supervisor, with the assistance of the employee, shall prepare a written description of major changes, additions or deletions in the employee’s duties and shall forward this description to the department head for his or her review and approval and forward it to the City Administrator’s office for classification review.

D. The department head shall review all employees’ evaluation forms for completeness and content. The department head shall pay particular attention to the employees’ suggestions for improving departmental procedures. The department head must submit all of the evaluation forms to the City Administrator’s office no later than 20 working days after the above-mentioned dates. (Prior code § 8B-160)

4.04.600 Evaluation results and consequences.

A. An acceptable level of competence review is an indication that the employee is performing the assigned duties of his or her position in a manner which contributes to the efficient and timely operation of the department.

B. An unacceptable level of competence review is an indication that the employee is not performing the assigned duties of his or her position in a manner which contributes to the efficient and timely operation of the department.

C. Pay step increases shall be determined by the level of competence review rendered by the employee’s supervisor on the following basis:

1. When an employee receives an acceptable level of competence review on both evaluations in a one-year period, his or her pay step increase shall be guaranteed.

2. When an employee receives only one acceptable level of competence review in a one-year period, his or her department head shall have the authority to decide whether or not the employee receives a pay increase. Such determination will be subject to the City Administrator’s approval.

3. Should an employee receive 2 unacceptable level of competence reviews in a one-year period, he or she shall be deemed ineligible for a pay step increase. (Prior code § 8B-161)

Article 11. Disciplinary Actions and Dismissal

4.04.610 Responsibility—Applicability to police.

A. All employees shall assume personal responsibility for adhering to the regulations necessary to effectively carry out the operations of the departments to which they are assigned. Abrogation of these regulations may be cause for disciplinary action, including dismissal.

B. Department heads shall assume full responsibility for enforcing these regulations and referring problem situations to the City Administrator’s office.

C. Where sworn police personnel are concerned, disciplinary actions and dismissal procedures shall be conducted in accordance with the Police Officers Bill of Rights (Annotated Code of Maryland, Article 27, Sections 727 through 734.) (Prior code § 8B-162)

4.04.620 Types of disciplinary action—Severity.

A. The following types of disciplinary actions are the only ones which shall be used by the City Administrator and department heads:

1. Oral reprimand;

2. Written reprimand;

3. Disciplinary probation;

4. Suspension (written notice of particulars provided employee); or

5. Dismissal.

B. The severity of the discipline is a discretionary right belonging only to department heads and the City Administrator. The severity of the discipline shall, however, correspond to the severity of the situation. (Prior code § 8B-163).

4.04.630 Reasons for disciplinary action.

Disciplinary action may be imposed upon an employee for failing to fulfill his or her responsibilities as an employee. The following shall be sufficient cause for imposing disciplinary action upon an employee:

A. Willful violation of the City’s personnel regulations;

B. Documented incompetency or inefficiency in the performance of the duties of the position to which the employee has been appointed;

C. Deliberate and wanton negligence in the care and use of City property;

D. Habitual tardiness or unauthorized absence from duty;

E. Conviction of a felony;

F. Conviction of a misdemeanor involving moral discretions;

G. Intoxication while on duty;

H. Willful violation of any reasonable or official order or failure to carry out any lawful and reasonable directive given by a proper supervisor; or

I. Any other instance or situation which, in the discretion of the department head or the City Administrator, warrants disciplinary action. (Prior code § 8B-164)

4.04.640 Reprimand procedures.

A. At his or her discretion, a department head who notes unsatisfactory job performance, noncompliance with department regulations or a display of undesirable personal traits may issue either an oral or written reprimand to the employee, including reasons for the reprimand, and an offer of assistance on the part of the department head in correcting the unsatisfactory situation. The written reprimand is considered of greater severity than an oral reprimand.

B. Oral reprimands shall be presented with high regard for minimizing embarrassment to the employee before other employees or the public. The department head shall notify the City Administrator in writing that an oral reprimand was issued to an employee and the reasons why. Should an oral reprimand fail to eliminate the cause of such reprimand, a written reprimand may be issued.

C. Written reprimands made by a department head shall be made known to the City Administrator in writing. Written reprimands may be followed by an employee’s request for an appointment with the department head, which in all instances shall be honored by the department head. (Prior code § 8B-165)

4.04.650 Disciplinary probation.

Should a written reprimand fail to correct unsatisfactory job performance, noncompliance with department regulations or display of undesirable personal behavior, an employee may serve a maximum 3-month disciplinary probation, at the discretion of the department head and the City Administrator. The employee shall receive a written notice stating reasons for the disciplinary probation and the effective date of such action. The City Administrator reserves the right to determine the length of the probation period; however, he or she shall implement the recommendation of the department head in normal circumstances. (Prior code § 8B-166)

4.04.660 Expiration of disciplinary probation.

When an employee’s disciplinary probation period has expired, the department head shall submit in writing to the City Administrator a statement to the effect that:

A. The employee’s performance and behavior was satisfactory and the employee will be retained in the City’s service; or

B. The employee’s performance and behavior remained unsatisfactory and he or she recommends either suspending or dismissing the employee. (Prior code § 8B-167)

4.04.670 Suspension.

At the discretion of the department head and City Administrator, an unsatisfactory employee may be suspended without pay for a period or periods that do not exceed a total of 30 days in any 12-month period. Such a suspension may be in lieu of a disciplinary probation, depending upon the situation. The employee shall receive a written notice indicating the particulars justifying the suspension and the effective date. At the end of the suspension period and a reasonable observation period thereafter, the department head shall inform the City Administrator in writing that:

A. The employee’s behavior and performance has been improved and the employee will be retained in the City’s service; or

B. The employee’s behavior and performance has been unsatisfactory and he or she recommends dismissing the employee. (Prior code § 8B-168)

4.04.680 Dismissal.

An employee is subject to dismissal for continued unsatisfactory performance on the job or for violation of the City regulations.

A. Before dismissing an employee, a department head shall have utilized one or more of the above-mentioned disciplinary actions. Depending upon the severity of the situation and at the department head’s discretion, the normal procedure herein established may be waived. Every effort shall be made to remedy the unsatisfactory situation before dismissal.

B. When a department head has concluded that a particular unsatisfactory situation is irreconcilable, he or she shall promptly submit a written recommendation to the City Administrator outlining the particulars of the situation and calling for the employee’s dismissal.

C. Should the City Administrator concur in the recommendation, a letter of particulars will be addressed to the employee outlining the reasons and justification for his or her dismissal. (Prior code § 8B-169)

Article 12. Employee Development

4.04.690 Purpose.

It shall be the policy of the City to provide employee development opportunities to the extent possible which will contribute to the development of the City’s work force in order that the work force will become more effective and efficient and be better qualified for promotion into vacant positions in the classified service. Furthermore, it shall be City policy to require all employees who receive supplemental training and/or education at City expenses at outside facilities to agree to remain in City service for a period of time which shall be no less than 3 times the period of time during which the employee received training, instruction and/or education, or reimburse the City for the cost of such development opportunity. (Prior code § 8B-170)

4.04.700 Responsibility.

A. It shall be the City Administrator’s responsibility to:

1. Develop training standards for training opportunities in harmony with the duties and responsibilities of each position;

2. Ensure that the employee development program is administered as approved;

3. Encourage employees to take advantage of self-improvement opportunities; and

4. Develop a record of all approved training and/or education courses and programs and a record of employees who successfully complete such training and education programs.

B. It shall be each department head’s responsibility to:

1. Provide on-the-job orientation and indoctrination to new employees immediately following their appointment to a City position;

2. Encourage employees to take advantage of self-improvement opportunities; and

3. Fully utilize the skills and capabilities of employees as developed through training programs. (Prior code § 8B-171)

4.04.710 Payment for non-city provided training programs.

Depending upon the availability of funds, it shall be City policy to provide 100% of the tuition for training programs which, as determined by the City Administrator, are directly job-related. The tuition for the training program shall be paid by the City directly to the institution on behalf of the employee. Should the employee withdraw from the program prior to completion, the tuition rebate shall be promptly returned to the City. Depending upon the further availability of funds, the City shall make every effort to pay for additional costs, i.e., books, supplies, registration fees, etc.; however, this provision shall in no way be construed as a guarantee for such payment. (Prior code § 8B-172)

4.04.720 Higher education program.

A. It shall be City policy to provide tuition support, depending upon the availability of funds, to any City employee wishing to matriculate at an accredited institution of higher education. The same policy shall apply for those employees wishing to acquire a high school diploma or its equivalent where tuition payments are required.

B. Tuition support will be made in the form of a reimbursement upon completion of the course. An employee must apply for the tuition support prior to course matriculation and shall fully understand that, if approved, the reimbursement shall be made in the following manner:

1. 100% reimbursement for a letter grade of C, its equivalent or better;

2. No tuition reimbursement for receipt of a grade less than C or its equivalent; and

3. In no instance will tuition support payments be made when an employee withdraws from a course prior to its completion.

C. No City employee will receive tuition support for those courses taken in excess of 2 or for those credit hours taken in excess of 6, whichever is greater, during any semester.

D. In no instance shall the City provide money for the purchase of non-tuition items, i.e., books, supplies, registration fees, etc. (Prior code § 8B-173)

4.04.730 Salary adjustments.

Notwithstanding the acquisition of additional education or training and in harmony with the concept of equal pay for equal work, the City shall make no adjustment in an employee’s salary unless:

A. The employee is promoted to a vacant position in the City service, in which case the rate of pay shall be determined in accordance with the regulations in Article 4 on the pay plan;

B. An employee’s position is subsequently reallocated to one with a different pay grade assignment, in which case the rate of pay shall be determined in accordance with the laws in Article 4. (Prior code § 8B-174)

Article 13. Fringe Benefits

4.04.740 Hospitalization.

A. All employees of the City are provided health insurance benefits corresponding to the terms agreed upon in existing collective bargaining contracts. For employees who are not covered under a collective bargaining agreement, the City Administrator shall establish the terms.

B. Employees have the option to select family coverage on a cost sharing basis (payroll deducted) as provided in an existing collective bargaining agreement or as established by the City Administrator for those not covered by a collective bargaining agreement. Family coverage shall be extended to spouses, dependent children, domestic partners who are registered in accordance with City regulations and dependent children of registered domestic partners. A dependent child of a domestic partner shall include a natural child, adopted child, stepchild, foster child or child in the legal custody of a domestic partner. (Prior code § 8B-175)

4.04.750 Life insurance.

Each City employee is also provided with a term life insurance policy (as long as he or she is in the employ of the City). This policy, provided at no cost to the employee, is equal to the annual salary of the employee (rounded to the highest $1,000.00, with minimum coverage being $5,000.00). (Prior code § 8B-176)

4.04.760 Hours.

All City employees (with the exception of the Police Department) work a maximum of 40 hours per week. Employees subject to occasional overtime are paid 1 1/2 times their normal rate of pay. (Prior code § 8B-177)

4.04.770 State retirement.

A. All permanent full-time employees (“full-time” meaning those employees who regularly work greater than 50% of the normal work standard for that job classifica-

tion/position) participate in the Maryland State Retirement Systems. Members contribute a percentage of their base salary. The member’s percentage rate of contribution is prescribed by law. Effective July 1, 1973, the retirement contribution rate became 5% for all members, except that those members who prior to July 1, 1973, contributed at rates less than 5% shall continue to contribute at such rates. A like amount is contributed by the City. Upon formal application, members may increase the amount of annual contribution to the retirement system. Members receive an annual statement of total accumulated contributions with interest.

B. Members may voluntarily retire with full benefits at age 60 years or with 30 years of creditable service. Members may also voluntarily retire with reduced benefits with 25 years of creditable service. The member’s pension share will be reduced by an annual rate of 6% of its monthly equivalent for each year and/or month of age or each year and/or month of service under 30 years, whichever is smaller.

C. Membership with the Maryland State Retirement Systems is a condition of employment with a participating employer. A member who resigns employment with a participating employer must terminate membership with the Maryland State Retirement Systems. Members who are transferring employment from one participating employer to another participating employer must not terminate membership with the Maryland State Retirement Systems.

D. A resigning member who submits an application for withdrawal of accumulated contributions will receive an initial refund check for the balance of the member’s accumulated contributions credited to the member’s account, as of the date processed. Any member contribution in transit at the time of processing the initial refund check will automatically be refunded in a second draft.

E. Rules and regulations of the Maryland State Retirement Systems are subject to amendment and/or revision or deletion. Inquiries regarding the full range of benefits surrounding the program should be directed to the retirement coordinator at the Takoma Park Municipal Building. (Prior code § 8B-178)

Article 14. Grievance Procedure

4.04.780 Rights of employees.

A. Any employee occupying a permanent position, who feels that he or she has received inequitable treatment through some personnel action, shall have the right to appeal, either personally or through a representative, for relief from the personnel action. Except as provided in subsections (B) and (C) of this section, no issue involving a change in the pay plan, a policy prerogative of the Council or any other issue which does not have a direct impact upon the day-to-day working conditions of the employee or relations with a supervisor shall be considered relevant. Consequently, these issues shall not be addressed through this grievance procedure.

B. An employee may appeal a decision involving:

1. The description of the employee’s position;

2. The assignment of an employee to a specified position; and

3. The allocation of the employee’s position to a specific class.

C. An employee has no right of appeal if the employee is not satisfied with the grade to which the Mayor and Council have assigned the employee’s class. However, the employee does have the right to ask the Council to reconsider its decision. The employee should notify the City Manager that the employee is asking the Mayor and Council to reconsider, so that the personnel officer can make the recommendation required by Section 4.04.210(A).

D. An employee must file a grievance under subsection (A) or (B) of this section within 15 days after a decision has been made and the employee has been informed. After 15 days, the employee loses the right to appeal.

E. If an official fails to reach a decision on a grievance or appeal within the time provided, the employee may appeal as if the grievance or appeal had been denied. However, if the final authority fails to reach a decision within the time provided, it is not a denial. The employee must wait for a decision. (Ord. 2021-39 § 4, 2021/prior code § 8B-179)

4.04.790 Procedure.

A. Except for grievances listed in Section 4.04.780(B) or (C) and grievances involving dismissal from employment, all grievances shall be handled in accordance with the grievance procedure in this subsection. The procedure to settle grievances shall be as follows:

1. Step 1. The employee shall first present his or her grievance to the department head who shall make every effort to dispose of the matter forthwith. If the issue cannot be resolved immediately, the employee shall return to work and await the department head’s written decision. The department head shall render such decision within seven days upon receipt of the grievance and make copies of the decision available to the personnel officer. Should the decision be unacceptable to the employee, the employee may proceed with the grievance procedure.

2. Step 2. Should the employee elect to exercise his or her right to proceed with the grievance procedure, he or she shall petition the City Manager in writing requesting a review of the case. Such request shall contain a list of the particular grievance(s). The City Manager shall have 14 days to reach a decision concerning the grievance. The City Manager shall consider all aspects surrounding the grievance, solicit informal testimony from the involved parties and reduce to writing the outcome of the City Manager’s deliberations. Copies of the City Manager’s decision shall be given to the department head and the employee. The decision of the City Manager is final.

B. The following are the procedures for an employee to appeal a decision listed in Section 4.04.780(B):

1. Description of an Employee’s Position.

a. If an employee is not satisfied that the job description for the employee’s position is accurate or opposes a proposed change, the employee should discuss the matter with the employee’s supervisor and department head. Then, the employee should submit a written memorandum to the City Manager justifying or critiquing any proposed changes. The City Manager must respond in writing to the employee within 14 days. The decision of the City Manager is final.

2. Assignment of an Employee to a Specific Position.

a. If an employee believes that the employee is doing the work of a position that the employee is not in, the employee may submit a written request to the department head that the employee be placed in the different position. The department head must respond in writing within seven days.

b. If the employee is not satisfied with the decision of the department head, the employee may submit a written appeal to the City Manager within 14 days after the response of the department head is received or a response is due. The written appeal must justify the change on the basis of the job descriptions of the two positions. The City Manager must respond within 14 days. The decision of the City Manager is final.

3. Allocation of an Employee’s Position to a Specific Class.

a. If an employee is not satisfied with the class that the employee’s position is allocated to, the employee should submit a written justification for a change to the department head. The written justification must be based on the job description of the employee’s position and the class specifications for both the employee’s current class and for the class which the employee maintains is more appropriate. The department head must respond to the employee in writing within 14 days.

b. If the employee is not satisfied with the response of the department head, the employee may submit a written appeal to the City Manager within 14 days after the response of the department head is received or a response is due. The City Manager must respond within 14 days. The decision of the City Manager is final.

C. The following are the procedures for a nonprobationary employee to appeal a decision to dismiss the employee:

1. The employee must ask the department head in writing to change the recommendation to dismiss the employee under Section 4.04.680. The employee must state reasons for changing the recommendation and offer any relevant evidence. The department head must send a written decision on this request to the employee and the City Manager within seven days.

2. Within seven days after receiving the written decision of the department head, the employee must ask the City Manager in writing to reverse the decision to dismiss the employee under Section 4.04.680. The employee must state reasons for reversing the decision and offer any relevant evidence. The City Manager must issue a written decision within 21 days. The decision of the City Manager is final. (Ord. 2021-39 § 4, 2021/prior code § 8B-180)

Article 15. Personnel Appeal Board

4.04.800 Establishment and composition.

Repealed by Ord. 2021-39. (Prior code § 8B-181)

4.04.810 Meetings.

Repealed by Ord. 2021-39. (Prior code § 8B-182)

4.04.820 Authority.

Repealed by Ord. 2021-39. (Prior code § 8B-183)