HomeMy WebLinkAboutOrdinance 1479
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ORDINANCE NO. 1479
WHEREAS, the Civil Service has heretofore approved
compensation of unused sick leave to retiring employees; and
WHEREAS, such approval constitutes a recommendation to the
City Council for change in the Civil Service Rules and Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The prior approval of the Civil Service Rules and
Regulations be and is hereby ratified. A copy of the Rules and
Regulations approved and ratified by this ordinance are attached to
this ordinance and marked Exhibit "A".
2.
Pursuant to approval and recommendation of the Civil Service
Commission, Rule 9.04g shall hereafter read as follows.
"g. Upon leaving the service, an employee shall not not be
compensated for unused sick leave or personal business
leave. Provided however, employees who retire shall be
permitted to convert up to 30 days of accumulated sick leave
to vacation leave to be used for the six week period
immediately preceding their retirement. For the purpose of
this subsection, an employee shall be considered retired who
terminates employment after completing 20 years of
continuous service with the City, or who retires under the
Texas Municipal Retirement System."
Passed and approved this 28th day of September
, 1987.
~~
Mayor
ATTEST:
~:'~y ~)
APPROVED AS TO FORM AND LEGALITY:
..
CIVIL SERVICE
RULES AND REGULATIONS
NORTH RICHLAND HILLS, TEXAS
Rule 1.
Rule 2.
2.01
2.02
2.03
2.04
2.05
Rule 3.
3.01
3.02
3.03
3.04
3.05
3.06
3.07
Rule 4.
4.01
4.02
4.03
4.04
4.05
Rule 5.
5.01
5.02
5.03
TABLE OF CONTENTS
PAGE
DEFINITIONS OF TERMS
1
GENERAL PROVISIONS
Purpose
Positions Covered By The Rule
Unlawful Acts Prohibited
Prohibition of Political Activity
Powers of Commission
5
5
5
5
5
6
CLASSIFICATION PLAN
General Provisions
Purpose of the Classification Plan
Classification of Positions
Job Descriptions
Use in Selection Process
Use of Class Titles
Effect of Classification Changes of Incumbent
8
8
8
8
9
10
10
10
APPLICATIONS AND APPLICANTS
Announcement of Examinations
Application Form
Disqualification
Age Requirements
Nepotism
12
12
12
12
13
13
EXAMINATIONS
Eligibility to Compete in Examinations
a. Open Competitive Examinations
b. Promotional Examinations
Character of Examinations
Examination Administration
14
14
14
14
14
14
Rule 5.
5.04
5.05
5.06
Rule 6.
6.01
6.02
6.03
6.04
Rule 7.
7.01
7.02
7.03
7.04
Rule 8.
8.01
8.02
8.03
8.04
Rule 9.
9.01
9.02
9.03
9.04
9.05
PAGE
EXAMINATIONS
Rating of Examinations
a. Promotional Examinations
b. Entry Level Examinations
c. Methods of Examinations
Notification of Examination Results
Medical Examinations
15
15
15
15
16
16
ELIGIBILITY LISTS
Re-employment Rights
Order of Names on Eligibility Lists
Duration of Lists
Removal of Names from List
17
17
17
17
17
CERTIFICATION, APPOINTMENT, AND PROBATIONARY PERIOD
Vacancies
Method of Certification
Appointments
a. Emergency Appointments
Probationary Period
18
18
18
18
18
19
COMPENSATION
Standard for Determination of Salary Ranges
Salary Adjustments
Overtime and Compensatory Time
Longevity
20
20
20
20
21
HOURS OF WORK, LEAVES OF ABSENCE, & OTHER BENEFITS
Hours of Work
Holidays
Vacation Leave
Sick Leave
Worker's Compensation
22
22
22
22
23
24
Rule 9.
9.06
9.07
9.08
9.09
9.10
9.11
9.12
Rule 10.
10.01
10.02
10.03
10.04
10.05
Rule 11.
11. 01
11. 02
Rule 12.
12.01
12.02
Rule 13.
HOURS OF WORK, LEAVES OF ABSENCE, & OTHER BENEFITS
Military Training Leave of Absence
Jury Duty
Leave Without Pay
Absence Without Leave
Maternity Leave
Tuition Reimbursement
Health & Life Insurance
SEPARATION & DISCIPLINARY ACTION
Cause for Disciplinary Action
Demotions
Temporary Suspensions
Indefinite Suspensions
Probationary & Temporary Part-Time Employees
APPEALS
General Provisions
Procedure to File Appeals
PERFORMANCE STANDARDS & EMPLOYEE EVALUATION
Performance Standards
Employee Evaluations
REPEALING CLAUSE
PAGE
25
26
26
26
26
27
27
28
28
29
29
30
30
31
31
31
33
33
33
34
RULE I. DEFINITION OF TERMS
The following words and phrases shall have the meanings indicated
throughout these rules except where the context clearly indicates
otherwise.
ADVERSE ACTION
Any action against an employee that results in indefinite or temporary
suspension, loss of pay, reduction in pay, pass over for promotion, a
reduction or loss of an employee benefit, or alleged denial of fair and
equal consideration regarding all aspects of employment including the
alleged denial of reasonable accommodations or access to public facilities
by handicapped employees.
ALLOCATION
The establishment of a position in a departmental budget.
ANNIVERSARY DATE
The effective date of original appointment or the effective date of the
last merit pay increase, whichever is most recent.
APPEAL
A request from an employee for review by the Commission of a decision of
management concerning an adverse action against the employee.
APPOINTMENT
The designation to a position in the classified service of a person on an
appropriate eligibility list.
CERTIFICATION
The act of the Civil Service Office in supplying an appointing authority
with an appropriate number of names of applicants who are eligible for
appointment to a position in the classified service.
CHARTER
The Charter of the City of North Richland Hills, Texas, and its subsequent
amendments and revisions.
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CLASS
~
One or more positions sufficiently similar with respect to assigned work
duties and responsibilities and that the same desirable experience and
training may be required.
CLASSIFICATION
The assignment of a position to an appropriate class.
CLASS SERIES
A sequence of class titles, assembled into a series of two or more levels,
that are alike in the kind of work performed, but not at the same level of
assigned work and responsibility.
CLASSIFIED SERVICE
All civil service positions as defined by the Charter.
CLASS TITLE
A brief description of the type of work performed.
COMMISSION
Shall mean the Civil Service Commission for the City of North Richland
Hills and the City Civil Service Office.
DEMOTION
The reassignment of an employee from one position to another position
having a lower maximum salary rate.
ELIGIBLE
A person whose name is on a current eligibility list.
ELIGIBILITY LIST
A list of applicants who are eligible for appointment to a position in the
classified service.
?
ENTRY LEVEL POSITIONS
A position within a class series that has the lowest maximum salary in the
series. All positions whose job duties cannot be reconciled with the job
duties of any position in a lower classification may be considered entry
level.
INDEFINITE SUSPENSION
Involuntary termination of employment.
JOB DESCRIPTION
A written statement of the characteristic duties, responsibilities, and
qualification requirements that distinguish one position from another.
LAY-OFF
The termination of employment made necessary by reasons not related to
fault, delinquency, or misconduct on the part of the employee.
PERMANENT EMPLOYEE
An employee who has successfully completed a one (I) year probationary
period from the date of original appointment.
PROBATIONARY PERIOD
A working test period of one (I) year from the date of original appointment
in which the employee is required to demonstrate his fitness by actual
performance of the duties of the position to which he is appointed.
PROMOTION
The reassignment of an employee from one position to another position in
the same class series having a higher maximum salary rate.
PROMOTIONAL POSITIONS
All positions not defined as entry level positions.
RECLASSIFICATION
The determination that a position be assigned to a class different from the
one to which it was previously classified.
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TRANSFER
The reassignment of an employee from one position or class to another
having the same maximum salary rate.
VACANCY
A duly created position which is not occupied and for which funds have been
allocated.
4
RULE 2. GENERAL PROVISIONS
2.01 PURPOSE
It is the purpose of these rules to give effect to the provisions of
Article XVII of the City Charter. These rules set forth the principles and
procedures which will be followed by the City of North Richland Hills in
the administration of the City Civil Service. They are intended to
establish an efficient, equitable and functional system of personnel
administration governing all aspects of employment. Nothing contained in
these Rules shall be considered a contract of employment with the City by
any individual. The City of North Richland Hills does not discriminate on
the basis of race, color, national origin, sex, religion, age, and
handicapped status in employment or the provision of services. The City of
North Richland Hills does not discriminate in providing reasonable
accommodations or providing access to public facilities for handicapped
persons.
2.02 POSITIONS COVERED BY THE RULE
These rules apply to all offices and positions except those specifically
excluded by the Charter.
2.03 UNLAWFUL ACTS PROHIBITED
No person shall willfully or corruptly make any false statement,
certificate, mark, rating, or report in regard to any application for
employment, test, certification, or appointment held or made under these
rules, ordinance, or City Charter, or in any manner commit or attempt to
commit any fraud preventing the impartial execution of such personnel
provisions or the rules and regulatio~s made thereunder.
2.04 PROHIBITION OF POLITICAL ACTIVITY
Employees of the City of North Richland Hills shall not be permitted to
take active part in any political activity of another for an elective
position of the City.
~
2.05 POWERS OF COMMISSION
The Civil Service Commission:
Shall recommend rules and regulations for conduct of all Civil Service
business.
Shall make investigations to ascertain compliance with the Civil
Service System.
Shall make annual inspections of institutions, departments, offices,
places, positions and employments affected by the Civil Service
System.
Shall develop recommended classifications for all employees in
conjunction with the City Manager and Department Heads.
Shall conduct hearings upon receipt of a qualified appeal.
Shall make provisions for the conduct and grading of examinations.
Shall create the register of eligibles.
Shall make provisions for physical examinations.
Shall publish and make available rules and regulations,
classifications and seniority lists.
Shall make periodic reports to Council.
Shall maintain an open door policy to all Civil Service employees for
information concerning the program.
Shall maintain at all times the proper relationship to the Council and
acknowledge that the Commission's function is limited to conducting a
program approved by the Council.
Shall keep private all personnel records.
Shall maintain continuous surveillance of other cities, surveys,
statistics, and other sources of information necessary to assure
recommendations are adequate to keep this program current.
Shall resign immediately when ci!cumstances arise that prohibit any
commissioner from the faithful, objective and honest conduct of his
appointment or when unusual circumstances arise which would cause his
presence to reduce the dignity of the Commission.
Shall uphold the rights of all cited herein.
Shall conduct meetings in accordance with the rules and regulations
established by the Commission and/or City Council.
6
Shall in conjunction with the department head determine the ability of
an employee to continue in his duties, based on a physician's report
of examination/physical fitness tests to determine his physical
condition/fitness.
Shall investigate and act on letters of exception to set aside the
rules of this program.
Shall refrain from taking action on petty grievances and from meddling
in departmental affairs.
Shall recommend salary ranges and other benefits for employees, to the
City Council by June 1 of each year.
7
RULE 3. CLASSIFICATION PLAN
3.01 GENERAL PROVISIONS
A position classification plan based upon and graded according to assigned
work duties and responsibilities shall be developed by the Commission in
conjunction with the City Manager and Department Heads, and maintained by
the Civil Service Office to provide standardization and the proper
classification of all positions in the classified service of the City. The
classification plan shall include:
a. An outline of classes of positions in the classified service
arranged in appropriate occupational groups.
b. Job descriptions developed by Department Heads and approved by the
City Manager.
3.02 PURPOSE OF THE CLASSIFICATION PLAN
a. To provide the same salary range for all positions that are similar
with respect to assigned work duties and responsibilities.
b. To establish educational and work experience qualifications and
standards for recruiting, testing, and other selection purposes.
c. To provide meaningful titles for all positions.
d. To provide appointing authorities with a means of analyzing work
distribution, areas of responsibility, lines of authority, and other
relevant relationships between individual and groups of positions.
e. To provide a basis for standards of work performance.
f. To establish lines of promotional opportunity.
g. To provide the fundamental basis of the compensation program and other
Civil Service system aspects of the personnel program.
3.03 CLASSIFICATION OF POSITIONS
a. The Civil Service Commission shall develop recommended classifications
for all Civil Service positions in conjunction with the City Manager
and department heads. Positions shall be assigned to a specific class
when:
I. The same descriptive title may be used to designate each
position in the class; and
8
2. The same kinds and levels of work, education, experience,
knowledge, ability, skills and other qualifications may be
required of incumbents; and
3. Similar tests of fitness may be used to examine and rank
incumbents; and
4. The same range of compensation will apply equally under
substantially the same general employment conditions.
b. All classes of positions involving the same character of work but
differing as to level of difficulty and responsibility shall be
assembled into a class series of two (2) or more levels.
c. In allocating any position to a class, the class job description shall
be considered as a whole. The examples set forth in job descriptions
shall not be construed to be all inclusive and restrictive.
d. Department heads may, in case of emergency, temporarily designate a
person from a lower position to fill a position in a higher
classification. Any employee temporarily assigned to a higher
classification for a period of at least one week shall be compensated
at the approved salary rate for such higher classification while
performing such duties. Provided however, the temporary assignment of
any employee to a higher classification shall not be construed to
promote such person and further provided such temporary assignments
shall not exceed ninety (90) days in duration.
3.04 JOB DESCRIPTIONS
The Civil Service Office shall maintain a master set of all approved job
descriptions. Such job descriptions shall constitute the official job
descriptions in the classification plan. The Civil Service Office shall
provide each department head and appointing authority with a set of the job
descriptions for the position classification plan. Such job des'criptions,
in the Civil Service Office or department, shall be open for inspection by
employees, interested individuals, and the public under reasonable
conditions during regular business hours.
a. Nature of Job Descriptions: Job descriptions are descriptive only and
not restrictive. They are intended to indicate the kinds of positions
that are to be assigned to the respective classes as determined by
9
their duties and responsibilities and shall not be held to exclude
those duties and responsibilities which are not specifically mentioned,
but are similar as to kind and level.
b. Interpretation of Job Descriptions: In determining the class to which
any position shall be assigned, the job description for each class
shall be considered as a whole. The job descriptions are not to be
construed as declaring what the duties or responsibilities of any
position may be or as limiting or modifying the power of any department
head to assign, direct, and control the work of employees under his
supervision.
3.05 USE IN SELECTION PROCESS
The job description for any class shall constitute the basis and source of
authority for the recruitment and for tests to be included in the
examination for the class and for the evaluation of the qualifications of
candidates.
3.06 USE OF CLASS TITLES
The class title shall be the official title of every position assigned to
the class for the purpose of personnel actions and shall be used on all
payrolls, budget estimates, and official records.
3.07 EFFECT OF CLASSIFICATION CHANGES ON INCUMBENT
a. Whenever the title of a class is changed without a change in duties and
responsibilities, the incumbent shall have the same status in the
retitled class as in the former class.
b. When a position is reclassified to a class with a higher maximum salary
rate, the Department Head, with the approval of the City Manager may
provide the incumbent of the position the same status in the new class
as he had in the former class, only if:
I. The reason for the reclassification of the position is the
accretion of new duties and responsibilities; and
2. Such accretion of duties has taken place during the incumbency
of the present incumbent in said position; and
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3. The added duties and responsibilities upon which the
reclassification is based could not reasonably have been
assigned to any other position; and
4. The employee occupying a position which has been reclassified
shall continue in the position only if he possesses the
qualifications of training and experience required for such
classification.
11
RULE 4. APPLICATIONS AND APPLICANTS
4.01 ANNOUNCEMENT OF EXAMINATIONS
Notice of all examinations for appointment to positions in the classified
service or promotional examinations shall be posted ten (10) days in
advance of the date of the examination in the Civil Service Office and main
lobby of the City Hall. Notice of all examinations for promotion in the
classified service shall also be posted in the various work stations or
departments in which the position is to be filled. The announcements shall
specify the class title and salary range of the class for which the
examination is announced; the nature of work to be performed; the minimum
qualifications required for performance of work of the class; the time,
place, and manner of application; the closing date for receiving
applications; and other pertinent information. For those classes for which
there is to be continuous recruitment, a statement shall be included in the
announcement to the effect that applications will be received until further
notice.
4.02 APPLICATION FORM
All applications for positions of original appointment shall be made on the
prescribed forms and shall be filed with the Civil Service Office on or
prior to the closing date specified in the announcement. All applications
shall be signed and the truth of the statements contained therein certified
by such signature.
4.03 DISQUALIFICATION
The Department Head may refuse to examine an applicant, or, after
examination may disqualify such applicant or may take steps to remove such
person already appointed if the person:
a. Does not meet the preliminary requirements established for the
pertinent class.
b. Is so physically or mentally disabled as to prevent the person
from performing the job duties of the position.
c. Is addicted to the use of narcotics or the habitual use of
intoxicating liquors to excess.
d. Has made a false statement in the application.
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e. Has used or attempted to use political pressure or bribery to
secure an advantage in the examination.
f. Has directly or indirectly obtained information regarding the
examination to which an applicant was not entitled.
g. Has failed to submit the application and any required
supplemental information correctly or within the prescribed
time limits.
h. Has taken part in the compilation, administration, or
correction of examination for which he or she is an applicant.
i. Has previously been dismissed from a position in the municipal
service for cause or has resigned while charges for dismissal
for cause were pending.
j. Has otherwise willfully violated the provisions of these
rules.
k. Has established an unsatisfactory employment or personnel
record as evidenced by reference check of such a nature as to
demonstrate unsuitability for employment.
I. Has taken for another or allowed another to take all or part
of any examination, or has been found cheating in any other
way on an examination.
m. Failure to be or remain eligible as an insured driver under
the City's current automobile liability policy, where the
position requires the operation of a City vehicle.
Whenever an application is rejected, notice of such rejection shall be
given to the applicant. Applications, whether accepted or rejected, shall
remain on file and shall not be returned.
4.04 AGE REQUIREMENTS
No person under eighteen years of age shall take any entrance examination
for the classified service.
4.05 NEPOTISM
No person related within the third degree by blood or marriage to the
Mayor, any Council Member, or the City Manager shall be appointed to any
position in the classified service.
13
RULE 5. EXAMINATIONS
5.01 ELIGIBILITY TO COMPETE IN EXAMINATIONS
a. Open competitive examinations designed to establish eligibility lists
will be open to any person who may be lawfully appointed to a position
in the class concerned, and who appears to meet the qualifications and
other requirements for the class as set forth in the examination
announcement.
b. Promotional examinations shall be open to all persons who meet the
established qualifications in classes specified by the Commission. All
qualified employees who have held a continuous position for two (2)
years or more in the salary classification immediately below the
classification for which the examination is to be held shall be
eligible to compete in the examination. In the event there are not at
least three (3) qualified employees with two (2) years service in the
next lower position to take the examination, then all employees in such
classification will be eligible to take the examination. After
extending the examination to all employees in the classification
immediately below the position being tested and there is still less
than three (3) employees to take the examination, the examination shall
be further extended to all employees in the second lower position in
salary to the position being tested.
5.02 CHARACTER OF EXAMINATIONS
All examinations for any position shall be related to those matters which
fairly test the aptitude, capacity and fitness of the persons examined to
discharge the duties of the position. Examinations may include written,
oral, physical, or performance tests, or any combination thereof. In
addition to other factors, promotional examinations may take int'o
consideration the quality and length of service where records are available
to provide the basis for such rating.
5.03 EXAMINATION ADMINISTRATION
Examinations shall be announced and held at such times and places as, in
the judgment of the Civil Service Office, most nearly meet the needs of the
service. Testing will be conducted by the Civil Service Office. All
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written and performance tests shall be given applicants in the presence of
each other. Written examinations shall be graded as they are completed, at
the place where the examination is given and in the presence of any
applicants who wish to remain during the grading. All oral examinations
shall be recorded live and turned in to the Civil Service Office along with
the examining board's critiques and findings.
5.04 RATING OF EXAMINATIONS
Seventy percent of the questions must be answered correctly to pass a
written examination. Applicants must pass the written examination (if
used) to be eligible to participate in any additional method of testing.
In addition to the final score on a written examination, the following
values shall be awarded:
a. Promotional Examinations
I. One point for each year of seniority in his department, but
never to exceed ten (10) points.
2. Performance evaluation points based on the average of the last
two semi-annual evaluations prior to the testing date;
OR
Oral review points awarded by an Oral Interview Board.
b. Entry Level Examinations
For positions of original appointment only, applicants who have
served in the armed forces and who received an honorable discharge
shall receive five (5) points in addition to his final achieved
score.
c. Methods of Examinations
Each of the following methods of examining may be used as the only
method or as one method in concert with any of the remaining
methods.
I. Written Examinations
2. Oral Review Board
3. Personal Interviews
Performance tests, if used, must be in concert with one of the other
methods of examination.
15
Where the Oral Review Board examination is the only method of
examination, a score of eighteen (18) points is deemed passing. The
maximum possible score for an Oral Review Board examination shall be
thirty (30) points.
5.05 NOTIFICATION OF EXAMINATION RESULTS
Each person competing in an examination shall be notified of the rating
obtained on the eligibility lists or failure to obtain a place on the list.
The results of each examination shall be posted on a bulletin board located
in the main lobby of the City Hall within twenty-four (24) hours after such
examination.
5.06 MEDICAL EXAMINATIONS
Appropriate physical examinations, when included in the position Job
Description, shall be required of all applicants upon original appointment
in the service and the examinations shall be given by a physician appointed
by the City Manager and paid by the City. In the event of rejection by such
physician, the applicant may call for further examination by a board of
three (3) physicians appointed by the Commission, but at the expense of the
applicant and whose findings shall be final.
16
RULE 6. ELIGIBILITY LISTS
6.01 RE-EMPLOYMENT RIGHTS
Permanent employees who are involuntarily separated from the classified
service through no fault of their own shall be placed on a reinstatement
list in order of seniority. The reinstatement list shall be exhausted
before appointments are made from the eligibility list. In the event a
person refuses reinstatement, that person shall be removed from the
reinstatement list. Those who have been on a reinstatement list for a
period of one (l) year shall be removed from the list.
6.02 ORDER OF NAMES ON ELIGIBILITY LISTS
Candidates obtaining a final passing score in competitive or promotional
examinations shall have their names placed on the list for the class for
which they are examined in order of their final earned rating. In the case
of a tie in final ratings, names shall be placed on the list in order of
rating earned in the part of the examination given the greatest weight.
Any remaining ties shall be broken by arranging names in the order in which
the applications were received.
6.03 DURATION OF LISTS
All eligibility lists shall remain in existence for one (l) year unless
exhausted, and at the expiration of one (I) year they shall expire and new
examinations be given.
6.04 REMOVAL OF NAMES FROM LIST
The name of an eligible on a list may be removed or withheld from
certification for any of the following reasons:
a. Making of a statement by the eligible that he or she is not
willing to accept appointment.
b. Failure to report for duty within the time prescribed by the
department head.
c. Expiration of the eligible list.
d. Failure to maintain a record of current address and telephone
number with the Civil Service Office.
e. Failure to appear for an employment interview.
17
RULE 7. CERTIFICATION, APPOINTMENT AND PROBATIONARY PERIOD
7.01 VACANCIES
All vacancies in the classified service shall be filled by re-employment,
promotion, original appointment, transfer, or demotion as provided in these
rules. When a vacancy in the classified service is to be filled, the
department head shall submit a requisition for each vacancy to the
Civil Service Office. This requisition shall state the class titles and
other appropriate information. Eligibles shall be certified in strict
order of standing on the list. If an eligibility list does not exist for
the vacancy, the Civil Service Office shall conduct examinations to create
an eligibility list within thirty (30) days after receiving required
notification from a department head.
7.02 METHOD OF CERTIFICATION
Upon receipt of a requisition for an employee, the Civil Service Office
shall certify the three (3) eligibles having the highest ranking on the
eligibility list for the class of the vacancy to be filled. In the event
there are less than three (3) names remaining on a current eligibility
list, then the remaining names shall be certified to the department head.
The department head shall appoint the eligible with the highest qualifying
score, except where the department head has a valid reason for not
appointing said eligible, and in such cases he shall, before appointment,
file his reasons in writing for rejection of the eligible or eligibles,
with the Civil Service Office.
7.03 APPOINTMENTS
Appointments shall only be made from an eligibility list, except as
otherwise outlined in this Rule. If the eligible selected declines the
appointment or is unable to serve, evidence of such refusal or inability
shall be transmitted to the Civil Service Office which shall certify, if so
requested, an additional eligible in place thereof.
a. Emergency Appointments
In the case of an emergency which could not have been foreseen, such as
but not limited to a flood, tornado, or blizzard, which requires the
immediate employment of one or more persons to prevent serious
18
impairment of the public business and for which it is not practical to
secure the needed person or persons by certification for an
eligibility list in time to meet the emergency, an appointing authority
may appoint any qualified person while such emergency exists. The
Department Head, with the approval of the City Manager, shall have the
right to determine whether an emergency actually exists.
7.04 PROBATIONARY PERIOD
A person, upon original appointment to a position in the classified
service, shall serve a probationary period of one (I) year and shall not
have Civil Service rights until successfully completing such probationary
period.
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RULE 8. COMPENSATION
8.01 STANDARDS FOR DETERMINATION OF SALARY RANGES
Classified positions shall be assigned to pay grades with each pay grade
having a minimum and maximum rate of pay. The minimum salaries established
for each pay grade shall be considered the beginning salary for persons of
original appointment only. However, original appointment above the
approved entry level rate may be made upon the recommendation of the
department head and approved by the City Manager.
The Commission shall recommend to the City Council by June lst of each year
the salary ranges for each pay grade for the next fiscal year.
The salaries of incumbents whose position has been assigned to a pay grade
shall be based upon the recommendation of the department head and the
approval of the City Manager, provided the approved salary falls within the
minimum and maximum salary limits established for the incumbents' pay
grade.
8.02 SALARY ADJUSTMENTS
Department heads may request salary adjustments at any time provided any of
the following conditions are met:
a. The empl~yee merits an increase on the basis of meritorious
í -
service and efficiency but never more frequent than once in a
twelve month period; or
b. The department head provides evidence that there is a shortage
of qualified persons for a particular position, necessitating
a higher salary than the entry level salary for the position.
The submittal must be fully documented by the department head and the
requisition for increase or adjustment is approved by the City Manager.
8.03 OVERTIME AND COMPENSATORY TIME
All overtime or arrangement for overtime work shall be approved by the
department head. Employees in all classes, except Fire Fighting Personnel,
will receive pay equal to one and one-half times their normal rate for work
in excess of a forty (40) hour work week.
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Sworn fire personnel shall receive pay equal to one and one-half times
their normal rate for work in excess of 212 hours during a 28-day work
cycle.
With the approval of the department head, employees may be granted
equivalent compensatory time off in lieu of cash compensation for overtime
work.
8.04 LONGEVITY
Sworn Police and Fire personnel shall receive, in addition to their regular
salary, tenure awards in the amounts specified by Texas law.
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RULE 9. HOURS OF WORK, LEAVES OF ABSENCE, & OTHER BENEFITS
9.01 HOURS OF WORK
Regular working hours for all full-time employees shall be forty (40) hours
each week, which shall be the standard workweek, except as otherwise
provided herein. Regular working hours of the fire fighting service shall
be an annual average of fifty-six (56) hours each week.
9.02 HOLIDAYS
All permanent employees in the classified service shall receive their
regular compensation for the following holidays and one (I) additional
holiday as designated annually by the City Manager.
New Year's Day
Thanksgiving Day: The Fourth Thursday
& Friday in November
Christmas Day
Memorial Day
Independence Day
Labor Day
Holidays falling on Saturday will be observed the preceding Friday;
holidays falling on Sunday will be observed the following Monday.
9.03 VACATION LEAVE
a. Each permanent full-time employee in the classified service, except
fire fighting personnel, shall receive vacation leave credit annually
as follows:
After I year of Service: two weeks
After 3 years of service: three weeks
After 8 years of service: four weeks
After 20 years of service: five weeks
For the purposes of this section, a week shall be defined as a normal
workweek for all employees in each of the designated classifications.
b. Permanent part-time employees who work at least twenty (20) hours a
week shall receive pro-rated vacation leave credit on the basis of
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hours actually worked.
Example: A 20-hour/week employee will earn vacation leave at 1/2
the rate established for full-time employees.
c. Fire fighting personnel assigned to a 56-hour workweek shall receive
vacation leave credit annually as follows:
After 1 year of service: 5 shifts
After 3 years of service: 7 shifts
After 8 years of service: lO shifts
After 20 years of service: 12 shifts
d. Employees may accrue vacation leave credit to a total of two
consecutive years total upon the written recommendation of the
department head and approved by the City Manager.
9.04 SICK LEAVE
a. Permanent full-time employees in the classified service shall earn ten
(10) hours of sick leave credit with pay for each full month of
employment in the service but may not use any sick leave hours until
the completion of six (6) months of service. At the completion of (6)
months service, absence from duty due to illness will be charged
against the employee's accumulated sick leave for the actual hours the
employee was absent provided proper notification of such absence was
given by the employee to his/her supervisor.
b. Permanent part-time employees who work at least twenty (20) hours a
week shall earn sick leave credit at the same rate as full-time
employees but the amount of sick leave credit earned shall be
prorated on the basis of hours actually worked.
c. Sick leave with pay shall be granted for absence from duty for actual
personal illness or to keep a doctor's or dentist's appointment, or for
illness or death of a member of the employee's immediate family. For
the purpose of this section, immediate family shall mean husband, wife,
parents, children, brother, sister, grandparents, grandchildren,
mother-in-law, father-in-law, brother-in-law, sister-in-law. This
section shall not prevent the department head from granting sick leave
for any absence by an employee when the circumstances of the absence
would justify such action.
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d. Absences with pay from duty by an employee due to personal business
shall be charged against the employee's accumulated sick leave, up to a
maximum of twenty-four (24) hours during each calendar year.
Justification for granting personal business absences with pay shall be
the responsibility of the department head who shall have the authority
to grant such absences.
e. When an employee finds it necessary to be absent for any reason, his
department head or supervisor shall be notified by the employee not
later than thirty (30) minutes prior to the regular time for reporting
to work, if a relief employee is required. All other employees shall
notify their department head or supervisor within one (I) hour
following the regular time for reporting to work. Failure to fulfill
these requirements may result in the denial of sick leave.
f. In all cases, the decision to grant sick leave or personal business
absences with pay rests with the employee's department head.
g. Upon leaving the service, an employee shall not be compensated for
unused sick leave or personal business leave.
h. Sick leave with pay may be accumulated without a maximum limit to be
used in case of a bonafide illness or non-compensable injury.
i. The beneficiaries of 40 hour work week employees shall receive a
maximum of 90 days (720 hours) of the deceased employees' accumulated
sick leave. The beneficiary or beneficiaries of deceased employees who
were assigned to a 56-hour workweek shall be paid for accumulated sick
leave to a maximum of I008 hours.
9.05 WORKER'S COMPENSATION
a. Employees in the classified service who are injured on the job are
covered by Worker's Compensation and shall be granted occupational
disability or injury leave, not charged against his sick leave or
vacation. Employees shall endorse worker's compensation checks and
remit any such check to the City. Should an employee fail to remit
worker's compensation funds to the City, the employee's paycheck shall
be reduced by the amount of the worker's compensation check. Death
benefits are exempt from this requirement.
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b. When an employee is injured on the job, the employee must immediately
notify his foreman or supervisor. A "First Report of Injury or
Illness" report must be submitted to the Civil Service Office by the
employees' supervisor prior to the end of the next regular working day
following the date of such injury or illness. Failure to submit the
report may disqualify the employee from being eligible for worker's
compensation.
c. Employees injured on the job shall be entitled to receive their full
pay for periods of time according to the following schedule and
provided the proper notification of the injury has been made to
Personnel:
(A) Full pay shall be paid to the employee for thirty (30) days
following the first day absent due to an injury occurring
while on the job. The thirty days with full pay shall be
accumulative of all time lost thats related to the same
injury.
(B) The City Manager, upon the recommendation of the injured
employees' Department Head, may extend full pay to the
employee for a period not to exceed six (6) months of
accumulative absences from the first day of absence due to
such injury.
(C) The City Manager may further extend full or reduced pay to the
employee for a period not to exceed one (l) year of
accumulative absences from the first day of absence due to
such injury or may refer the matter to the City Council for
action.
(D) The Department Head and Civil Service Office shall investigate
the injured employee's progress to determine whether a
recommendation should be made to extend full-pay beyond the
initial thirty (30) day period.
9.06 MILITARY TRAINING LEAVE OF ABSENCE
All employees of the City who are members of the National Guard or any of
the Reserve components of the Armed Forces of the United States shall be
entitled to a maximum of fifteen (15) calendar days leave of absence with
full pay in anyone calendar year when ordered by proper authority to duty
for the purpose of training or instruction. Employees shall be on leave
without pay for any such absences in excess of fifteen (15) days in one
calendar year.
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9.07 JURY DUTY
When an employee is required to serve on a jury, the employee will receive
full-pay for such absence from duty and will not be required to report for
duty with the City. The employee must advise the Department Head of jury
service immediately upon notification of being selected for jury service.
9.08 LEAVE WITHOUT PAY
Leaves of absence without pay may be granted to permanent employees by a
department head, subject to approval by the City Manager, for a period not
to exceed three months. Upon expiration of leave without pay, the employee
shall return to work in the position held at the time leave was granted.
Failure without good cause of the employee on leave to report promptly when
the leave has expired shall be considered as a resignation.
During leave without pay, the employee must remit to the City the funds
necessary to cover his/her personal expenses that would otherwise be paid
by payroll deduction (e.g., dependent's insurance premiums, deposits to
deferred compensation, etc.).
The employees' benefits will continue to accrue during such authorized
leaves without pay.
9.09 ABSENCE WITHOUT LEAVE
Any unauthorized absence of an employee shall be grounds for disciplinary
action by the department head. Any employee who is absent for three (3)
days without authorized leave shall be deemed to have resigned. However,
where extenuating circumstances exist, the department head has the
authority to grant subsequent leave to cover such unauthorized absences.
9.10 MATERNITY LEAVE
Maternity shall be treated as any other non-duty temporary disability
covered under the Rules pertaining to sick leave.
An employee shall be granted maternity leave at any time during pregnancy
when a physician advises the employee that her or her unborn child's health
is endangered by her job. Maternity leave shall continue through the end
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of the first month following the termination of the pregnancy or until
given a full release for duty by a Physician. The employee shall be
entitled to return to work at the same position previously held provided
the employee returns to work immediately upon being released for full duty
by a Physician. In the event the employee does not return to work as
outlined above, the position held by the employee at the time the maternity
leave began shall be considered vacant and shall be filled in accordance
with the provisions of this Article.
9.11 TUITION REIMBURSEMENT
The City will reimburse an employee the cost of tuition and books.
Reimbursement will be made at the completion of a semester for the cost of
the subject(s) where the employee achieved a grade of "c" or higher. The
employee must present paid receipts and proof of achieved grade(s) to
his/her department head to be processed.
Reimbursement will be made under these conditions:
A. Courses are taken from an accredited college, university, or junior
college.
B. Courses are approved by the Department Head.
C. Funds are available.
Reimbursement will not be made for any cost covered by another governmental
agency, special grants or scholarships.
9.12 HEALTH AND LIFE INSURANCE
Health, dental, and life insurance coverages are provided by the city for
permanent employees who work a minimum of 20 hours a week. Employees are
automatically enrolled upon employment. The City pays all costs for
employee coverage. Dependent Health and Dental coverage is available at
the expense of the employee. Specific benefits are provided in the policy.
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RULE 10. SEPARATION AND DISCIPLINARY ACTION
lO.Ol CAUSE FOR DISCIPLINARY ACTION
Any action which reflects discredit upon the municipal service or is a
direct hindrance to the effective performance of the municipal government
functions shall be considered good cause for disciplinary action against
any employee in the classified service. Circumstances constituting cause
for disciplinary action are listed below, although charges may be based
upon cause or complaints other than those listed:
(a) Habitual use of alcoholic beverages to excess, public
drunkenness, or the illegal use of narcotics.
(b) Conviction of a felony, Class A or Class B misdemeanor or crime
involving moral turpitude or infamous or disgraceful conduct.
(c) The taking of intoxicating beverages, or intoxication while on
duty.
(d) Use of abusive or improper treatment to a person in custody,
provided the act committed was not necessarily or lawfully done in
self-defense or to protect the lives of others, or to prevent the
escape of person lawfully in custody.
(e) Offensive conduct or language toward the public or toward city
officers or employees.
(f) Insubordination.
(g) Incompetence or inability to perform the duties required.
(h) Intentional damage or negligence in the care and handling of city
property.
(i) Violation of any lawful and reasonable official regulation made or
given by a superior, where such violation or failure to obey
amounted to an act of insubordination or a serious breach of
proper discipline, or resulted, or might reasonably have been
expected to result, in loss or injury to the city or to the
public.
(j) Commission of acts or omissions unbecoming an incumbent of the
particular office or position held, which render his reprimand,
suspension, demotion, or discharge necessary or desirable for the
economical or efficient conduct of the business of the city or for
the best interest of the municipal government.
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(k) Willful violation of any of the provisions of the Charter,
ordinances or any administrative regulation of a superior.
(I) Inducing or attempting to induce any officer or employee in the
municipal service to commit an illegal act, to act in violation of
any lawful and reasonable departmental or official regulation or
order, or to participate therein.
(m) Solicitation or receipt from any person of, or participation in
any fee, gift, or other valuable thing that is given in the hope
or expectation of receiving a favor or better treatment than that
accorded other persons.
(n) Use or attempted use of political influence or bribery to secure
an advantage in an examination or promotion.
(0) Failure to pay just debts due or owing or failure to make
reasonable provision for the future payment of such debts, thereby
causing annoyance to the city, superiors, embarrassment to the
city, supervisors, or embarrassment to the service.
(p) Absence for duty, without leave, contrary to these rules, or
failure to report after leave of absence has expired or after such
leave of absence has been disapproved or revoked and cancelled by
the proper authority.
lO.02 DEMOTIONS
A Department Head shall have the power to demote any assigned employee for
cause. The affected employee has the right to appeal such action to the
Commission.
10.03 TEMPORARY SUSPENSIONS
A Department Head shall have the power to temporarily suspend any assigned
employee for cause. Such suspension shall not exceed three normal work
weeks, except employees in the fire fighting service whose temporary
suspension shall not exceed 7~ shifts. The affected employee has the right
to appeal such action to the Commission. A Supervisor shall have the power
to relieve from duty for the remainder of a work shift any assigned
employee for cause. An employee so relieved of duty shall report to
his/her department head no later than 8:00 a.m. the next working day.
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10.04 INDEFINITE SUSPENSIONS
The Department Head shall have the power to indefinitely suspend any
assigned employee for cause. The affected employee has the right to appeal
such action to the Commission.
10.05 PROBATIONARY AND TEMPORARY PART-TIME EMPLOYEES
Probationary, temporary, and permanent part-time employees who work less
than twenty (20) hours per week are nonclassified and have no appeal rights
with the Civil Service Commission.
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RULE 11. APPEALS
11.01 GENERAL PROVISIONS
A permanent employee in the classified service has the right to appeal to
the Civil Service Commission any adverse action taken against the employee.
Adverse actions are defined as actions that would result in loss of pay,
reduction in pay, pass over for promotion, reduction or loss of an employee
benefit, or the alleged denial of fair and equal consideration regarding
all aspects of employment including the alleged denial of reasonable
accommodation or access to public facilities by handicapped employees.
11.02 PROCEDURE TO FILE APPEAL
When an adverse action is taken against an employee, the employee's
department head shall present in person a written statement to the employee
within five (5) days following the date of such adverse action. The
statement shall include the action taken and the effective date of such
action, the rule or regulation violated, and the action on the part of the
employee that was in violation of such rules or regulations. The employee
will acknowledge receipt of the statement with his signature and date
received. The department head shall file the statement with the Civil
Service Office and shall furnish the employee with a copy. The employee
shall have ten (10) days from the receipt of the written statement to file
an appeal with the Commission. Appeal forms are available in the Civil
Service Office.
The department head, upon receiving a notice of appeal from an employee,
shall contact the Civil Service Office and obtain an appeal number. The
appeal number shall be entered at the top of the appeal form. The
department head shall acknowledge receipt of the appeal form with his
signature. The department head shall make two copies of the original
appeal form. One copy is to be retained by the department and one copy and
the original given to the employee. The employee must return the original
to the Civil Service Office within the time prescribed in Rule 11.02.
The Commission shall hold a hearing and render a decision within thirty
(30) days after said notice of appeal has been filed with the Civil Service
Office. The decision of the Commission shall be rendered in writing and
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.,
shall state whether the adverse action is upheld, modified, or rescinded.
The Commission shall not have the authority to restore an indefinitely
suspended employee to any rank, position, or classification other than the
rank, position or classification from which the employee was indefinitely
suspended. (Charter, Art. XVII, Section 16)
A decision by the Commission as a result of an appeal hearing is final and
cannot be further appealed to any agency or office within the City
government. However, an employee may appeal a decision by the Commission
to District Court, Tarrant County, Texas, within ten (lO) days from the
date of the decision. District Court shall hear the case and render its
decision based upon the Substantial Evidence Rule.
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RULE 12. PERFORMANCE STANDARDS & EMPLOYEE EVALUATION
12.01 PERFORMANCE STANDARDS
Standards for evaluating each employee shall be developed by the department
heads and the City Manager. The evaluation of an employee in relation to
the performance standards set forth should take into consideration the
length of time the employee has served in his/her current classification.
12.02 EMPLOYEE EVALUATIONS
A. Employee evaluations shall be conducted semi-annually. The semi-annual
evaluation dates shall be June I and December I of each year for all
permanent employees. Probationary employees shall be evaluated at the
beginning of their seventh and twelfth months of service. Completed
evaluations are due in the Civil Service Office prior to the first of the
month following the evaluation due date.
B. Evaluations shall be conducted on forms developed by the Civil Service
Office in conjunction with department heads and approved by the City
Manager. Such form shall be standard and adaptable to each position in the
classified service.
C. Two successive unsatisfactory semi-annual performance evaluations for
any employee shall be considered prima facie evidence of the employees'
unsuitability for the position and shall be deemed good cause for
termination of such employee.
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RULE 13. REPEALING CLAUSE
All previously adopted Civil Service Rules and Regulations in effect at the
passage and approval of the October, 1984 revision of such Rules and
Regulations are hereby repealed.
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