HomeMy WebLinkAboutOrdinance 2773
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ORDINANCE NO. 2773
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AN ORDINANCE AMENDING THE CIVIL SERVICE RULES AND
REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, FOR
CONDUCT OF ALL CIVIL SERVICE BUSINESS.
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WHEREAS, Article XVII, Section 5b, ofthe North Richland Hills City Charter provides that
the Civil Service Commission shall recommend rules and regulations for
conduct of all civil service business; and
WHEREAS, the Civil Service Commission has recommended amending the current
regulations by replacing them with a revised set of rules which eliminates
obsolete personnel provisions, and provisions addressing issues dealt with in the
charter and other policies of the City; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND
HILLS, TEXAS:
Section 1 :
THAT the City of North Richland Hills Civil Service Rules and Regulations are
hereby amended by replacing existing rules with those set forth in the document
entitled "City of North Richland Hills Civil Service Rules and Regulations
Revised February, 2004. Printed February, 2004." filed herewith.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this 23rd day of February, 2004.
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CITY OF NORTH RICHLAND HILLS
By:
gabUMa~
Patricia Hutson, City Secretary
Ordinaooe No. 2773
Page 1 00 2
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APPROVED AS TO FORM AND LEGALITY:
Depártment Head
Ordinar.oe No. 2773
Page 2 en 2
"ATTACHMENT A"
CITY OF NORTH RICHLAND HILLS
CIVIL SERVICE RULES & REGULATIONS
Revised February, 2004
Printed February, 2004
Table of Contents
RULE 1. DEFINITION OF TERMS ........................................................................1
RULE 2. GENERAL PROVISIONS .......................................................................2
2.01 PURPOSE........................................................................................2
2.02 POSITIONS COVERED BY THE RULE ...........................................2
RULE 3. SWORN POLICE AND FIRE PROMOTIONAL EXAMS .........................3
3.01 ELIGIBILITY TO COMPETE IN EXAMINATIONS ............................3
3.02 CHARACTER OF EXAMINATIONS ..................................................3
3.03 EXAMINATION ADMINiSTRATION................ ..................................3
3.04 RATING OF EXAMINATIONS ................... .......................................4
a. Promotional Examinations....................................... .....................4
b. Entry Level Examinations ............................................................4
c. Methods of Examination ..............................................................4
3.05 WRITTEN EXAMINATIONS/ASSESSMENT CENTER EXERCISE .5
3.06 NOTIFICATION OF EXAMINATION RESULTS ...............................5
RU LE 4. ELIGIBILITY LISTS ..................... .................... ......... ............ ...... ............6
4.01 RE-EMPLOYMENT RIGHTS............................................................6
4.02 ELlGI B I LlTY LISTS/ENTRY LEVEL .................................................6
4.03 DURATION OF LISTS ......................................................................6
4.04 REMOVAL OF NAMES FROM LIST .................................................6
RULE 5. CERTIFICATION, APPOINTMENT AND PROBATIONARY PERIOD ..7
5.01 VACANCiES..................................................................................... 7
5.02 METHOD OF CERTIFICATION ........................................................7
5.03 APPOINTMENTS............................................................................. 7
a. Emergency Appointments .............................................................7
b. Reappointment .............................................................................8
5.04 PROBATIONARY PERIOD................................................................8
5.05 EXTENSION OF PROBATION ..........................................................8
RULE 6. SEPARATIONS AND DISCIPLINARY ACTION ....................................9
6.01 CAUSE FOR DISCIPLINARY ACTION .............................................9
6.02 DEMOTIONS......................................... ...........................................9
6.03 TEMPORARY SUSPENSIONS ..... ...................................................9
6.04 I NDEFI N ITE SUSPENSIONS ...........................................................9
RULE 7. APPEALS .................................. ............................... ..... ..... ........ ............10
7.01 GENERAL PROVISIONS .............................................................. ...1 0
7.02 PROCEDURE TO FILE APPEAL .....................................................10
7.03 PROCEDURE FOR CONTESTED HEARINGS ................................11
EMPLOYMENT -AT-WILL STATEMENT
The City of North Richland Hills is an at-will employer. The employment and
compensation of Civil Service employees can be terminated at anytime durinq
their first year of employment, with or without cause and with or without prior
notice, at the option of the City or the employee. At the completion of one year of
service, Civil Service employees shall be governed by the Civil Service Rules
and Regulations.
The employment and compensation of non-Civil Service employees can be
terminated at anytime, with or without cause and with or without prior notice, at
the option of the City or the employee.
Except for contracts of employment authorized by the City Charter, no officer or
employee of the City shall promise, authorize or approve any other contracts of
employment with any prospective or current City employee.
RULE 1. DEFINITION OF TERMS
The following words and phrases shall have the meanings indicated throughout
these rules except where the context clearly indicates otherwise.
APPOINTMENT
The designation to a position in the classified service.
CERTIFICA TION
The act of the Human Resources Department in supplying an appointing
authority with the names of the candidates who are eligible for original
appointment or promotion to a position in the classified service.
CLASSIFIED SERVICE
All civil service positions as defined by the Charter.
COMMISSION
Shall mean the Civil Service Commission for the City of North Richland Hills and
the Human Resources Department.
DEMOTION
The reassignment of an employee from one position to another position having a
lower maximum salary rate.
INDEFINITE SUSPENSION
Involuntary termination of employment.
VACANCY
A duly created position which is not occupied and for which funds have been
allocated.
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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. Nothing contained in these Rules shall be considered a contract of
employment with the City by any individual.
2.02 POSITIONS COVERED BY THE RULE
These rules apply to all offices and positions except those specifically excluded
by the Charter.
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RULE 3. SWORN POLICE AND FIRE PROMOTIONAL
EXAMINATIONS
3.01 ELIGIBILITY TO COMPETE IN EXAMINATIONS
All promotional positions for sworn positions in the police and fire departments
shall be open to all employees who have held a continuous position for two years
or more in the classification immediately below the classification for which the
examination is to be held. In the event there are not at least three qualified
employees with two years of 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 employees to take the examination, the examination shall be further
extended to all employees in the second lower classification to the position being
tested.
3.02 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
essential functions of the position. Examinations may include written, oral,
physical, or performance tests, or Assessment Center Exercise. In addition to
other factors, promotional examinations may take into consideration the quality
and length of service where records are available to provide the basis for such
rating.
3.03 EXAMINATION ADMINISTRATION
Examinations shall be announced and held at such times and places as, in the
judgement of the Human Resources Department, most nearly meet the needs of
the service. Testing will be conducted by the Human Resources Department,
with the following exceptions: the Police Agency Combined Testing (PACT) shall
conduct and administer testing for the recruitment of police officers; and the
Assessment Center Exercises, which shall be conducted and administered by an
Assessment Center Board. All written and performance tests shall be given
applicants in the presence of each other, except when special accommodations
are required for persons with disabilities. 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 Human Resources
Department along with the examining board's critiques and findings
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3.04 RATING OF EXAMINATIONS
The following shall not apply when an Assessment Center Exercise is a method
to be used in examining applicants.
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
1. One point for each year of seniority in his department, but
never to exceed ten 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 Review Board.
b. Entry Level Examinations
1. Where an Oral Review Board is the only method of
examination, points shall be awarded to each applicant to a
maximum of thirty points. A minimum score of eighteen
points is required to pass the Oral Review Board.
2. Where an Oral Review Board is used in conjunction with any
other method of testing, applicants shall be rated as
"pass/fail" and shall not be awarded points by the board.
3. For positions of original appointment only, applicants who
have served in the armed forces and who received an
honorable discharge shall receive five points in addition to
their final achieved score.
c. Methods of Examination
Each of the following methods of examination may be used as the
only method or as one method in concert with any of the remaining
methods.
1. Written Examinations
2. Oral Review Board
3. Personal Interviews
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Performance tests, if used, must be in concert with one of the other
methods of examination.
Where the Oral Review Board examination is the only method of
examination, a score of eighteen points is deemed passing. The maximum
possible score for an Oral Review Board examination shall be thirty
points.
An Assessment Center Exercise method of examination may be used only
in conjunction with a qualifying written examination.
3.05 WRITTEN EXAMINA TIONS/ASSESSMENT CENTER EXERCISE
A qualifying written examination shall be administered to all eligible applicants for
a promotional position in the classified service, as defined in Rule 3.01, when an
Assessment Center Exercise is a method to be used to establish a list from
which appointments to the promotional position are to be made. Applicants must
answer correctly seventy percent of the questions to pass the written
examination and to be eligible for the Assessment Center. The eight highest
scorers passing the written exam shall be permitted to participate in the
Assessment Center Exercise. In the event the written examination results in a tie
among two or more persons for the eighth highest score, the individual's seniority
in the department shall be the tie-breaker in determining the applicant who will be
permitted to continue to the Assessment Center Exercise.
The maximum achievable score for the written examination shall be equal to but
not exceed the maximum achievable score for each of the remaining exercises.
An Assessment Center Board, comprised of members approved by the
department head, shall administer the Assessment Center Exercise. The Board
members shall award points based on each applicant's performance for each
phase of the exercise. The grade which shall be placed on the eligibility list for
each applicant shall be the sum of all points awarded by an Assessment Center
Board plus written test score, and applicable seniority points.
Department heads will be responsible for the development of the Assessment
Center process for their department which shall be forwarded to the Human
Resources Director for approval.
3.06 NOTIFICATION OF EXAMINATION RESULTS
Each person competing in an examination shall be notified of the rating obtained
on the eligibility list 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 hours after such examination.
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RULE 4. ELIGIBILITY LISTS
4.01 RE-EMPLOYMENT RIGHTS
Regular employees who are involuntarily separated from the classified service
through no fault of their own shall be placed on a seniority 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 year shall be removed from the list.
4.02 ELIGIBILITY LISTS/ENTRY LEVEL
Candidates obtaining a final passing score in examinations for an entry-level
position 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.
4.03 DURATION OF LISTS
All eligibility lists shall remain in existence for one year unless exhausted, and at
the expiration of one year they shall expire and new examinations be given.
4.04 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 eligibility list.
d. Failure to maintain a record of current address and telephone
number with the Human Resources Department.
e. Failure to appear for an employment interview.
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RULE 5. CERTIFICATION, APPOINTMENT AND
PROBATIONARY PERIOD
5.01 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 Human Resources Department. This
requisition shall state the class titles and other appropriate information. Those
eligible shall be certified in strict order of standing on the list. If an eligibility list
does not exist for the vacancy, the Human Resources Department shall conduct
examinations to create an eligibility list receiving the required notification from a
department head 90 days after receiving required notification from a department
head.
5.02 METHOD OF CERTIFICATION
Upon receipt of a requisition for an employee, the Human Resources Department
shall certify the three eligible 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 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 case he shall, before appointment,
file his reasons in writing for rejection of the eligible or those eligible, with the
Human Resources Department.
5.03 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 Human
Resources Department 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 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
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emergency exists. The department head, with the approval of the
City Manager, shall have the right to determine whether an
emergency actually exists.
b. Reappointment:
In the event that an employee in the classified service terminates
his employment while his status is satisfactory, a department head
may reappoint that employee to an entry level position without
regard to the existence of a current eligibility list and under the
following conditions:
1. That no longer than one year has elapsed since his
termination; and
2. He passes a physical examination as prescribed by the
Human Resources Director; and
3. That a vacancy exists.
Any such employee shall be considered appointed, for all purposes,
as of his new date of appointment.
5.04 PROBATIONARY PERIOD
An employee, upon original appointment to a position in the classified service,
shall serve a probationary period of twelve months. The twelve month probation
shall begin with the first workday following the completion of all formalized basic
training required by the department. The employee shall not have Civil Service
rights until successfully completing such probationary period.
5.05 EXTENSION OF PROBATION
Subject to review and approval by the Human Resources Director, an
employee's probationary period may be extended for a period not to exceed
ninety (90) days. The extension of an employee's probationary period is not
grounds for filing an appeal. The department head may request an extension of
the probationary period when an employee's absence from work for an extended
period of time did not permit an acceptable assessment of performance. If an
extension is granted, the employee will be advised in writing and given the date
on which the extended probation period will be completed.
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RULE 6. SEPARATIONS AND DISCIPLINARY ACTION
6.01 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. Violation of departmental rules;
b. Violation of a personnel policy of the City;
c. Incompetence, or failure, or inability to perform duties;
d. Insubordination;
e. Violation of the Charter, ordinances, or an order of a supervisor;
and
f. Conduct prejudicial to good order.
6.02 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.
6.03 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 department head no
later than 8:00 a.m. the next working day.
6.04 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.
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RULE 7. APPEALS
7.01 RIGHT TO APPEAL DISCIPLINARY ACTIONS
Employees in the classified service have the right to appeal written promotional
examination questions when an assessment center is not used, disciplinary
indefinite suspensions, temporary suspensions, and demotions.
7.02 NON-DISCIPLINARY ACTIONS
Employment actions such as indefinite suspensions, temporary suspensions and
demotions for non-disciplinary reasons may not be appealed to the Civil Service
Commission. The following are grounds for non-disciplinary actions:
a. Failure to maintain minimum job requirements
b. Failure to maintain or secure required licenses or certifications
c. Termination due to absence after exhaustion of all paid and unpaid
leave
d. Job abandonment
7.03 PROCEDURE TO FILE APPEAL
The employee's department head shall file a written statement within five (5)
days with the Commission, giving the reasons for such suspension, and furnish a
copy thereof to the employee affected by such act, said copy to be delivered in
person to such suspended officer or employee by said department head. 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 Human Resources Department and shall furnish the
employee with a copy. The employee shall have ten days from the receipt of the
written statement to file an appeal with the Commission. Appeal forms are
available in the Human Resources Department.
The department head, upon receiving a notice of appeal from an employee, shall
contact the Human Resources Department 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 head and one copy and the original given to the
employee. The employee must return the original to the Human Resources
Department within the time prescribed in Rule 7.03.
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The Commission shall hold a hearing and render a decision within thirty days
after said notice of appeal has been filed with the Human Resources
Department. The decision of the Commission shall be rendered in writing and
shall state whether the appeal 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 days from the date of the decision.
District Court shall hear the case and render its decision based upon the
Substantial Evidence Rule.
7.04 PROCEDURE FOR CONTESTED HEARINGS
Either party may request, and subpoenas shall be issued, for any person who
either witnessed the event giving rise to the discipline or who participated in the
investigation of the appellant's conduct, or who, as a person in the appellant's
chain of command, reviewed the report and made recommendations concerning
culpability or level of discipline. No subpoena shall be issued for any person
unless the applicant therefore shall state such person's involvement and what
such person is expected to testify to. No subpoena shall be issued unless
requested at least ten (10) days before the scheduled hearing date.
No subpoenas shall be issued for any person sought only for reputation
testimony or to adduce testimony about conduct of persons other than the
appellant, provided, however, city records concerning discipline may be
subpoenaed and introduced through the Civil Service Director.
In extraordinary situations involving indefinite suspensions in which the appellant
has, prior to requesting subpoenas, waived the thirty (30) day limit for hearings
and requested subpoenas other than as permitted herein, and has stated in
writing the questions which will be asked and testimony which is expected to be
obtained from such witnesses for whom subpoenas would not otherwise be
issued, the Commission shall hear arguments from both sides and shall
determine whether such subpoenas shall be issued. The Commission may
consider any affidavits from such proposed witnesses in deciding whether to
issue such subpoenas.
Subpoenas will be denied if it appears that the purpose thereof is to obfuscate,
unnecessarily delay, or to increase the city's cost by requiring payment for
witnesses whose testimony is irrelevant, repetitious, or of little value in
determining the appeal.
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Witnesses who fail to appear when subject to subpoenas shall be referred to the
heads of their respective departments for disciplinary action.
Prior to presentation of the testimony, either party may invoke "the rule", which
shall be treated the same as in other civil trials. By invoking the rule, all
witnesses will remain in a room separate from the hearing until called to testify,
and there will be no discussion of the hearing among them.
a. Burden of Proof:
The burden of proof before the Commission will be "by a
preponderance of the evidence". If any party alludes to the burden
being "beyond reasonable doubt" the presiding officer shall correct
the party and remind the Commission of the true burden. The
department head shall have the burden of proof to sustain the
action. The department head shall have the right to open and
close.
b. Opening:
The opening party may make an opening statement and then
present their case. Following the opening statement, the other party
will have the option of making an opening statement or waiting until
that party's case is ready to present.
c. Response:
The responding party may make an opening statement (if the
decision was made to not make such statement earlier), and then
shall present the case.
d. Rebuttal:
Each party shall be entitled to enter rebuttal testimony in the order
of the original presentation.
e. Final Arguments:
The person with burden of proof will be entitled to open and close.
The other party will present argument after the original final
argument.
f. Evidence:
1. Pre-filed. No written testimony shall be considered unless
pre-filed and furnished to the opposing party at least ten (10)
days before the hearing. At least ten (10) days before the
hearing, both sides shall file and furnish to the opposing
party a witness list and a report containing the substance of
the testimony of each witness to be called. Such reports and
evidence may be supplemented, to include rebuttal
witnesses and evidence, if filed at least three days before
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the hearing and furnished to the opposing party.
2. Live Witnesses. No live witness or testimony shall be
permitted unless included in a report filed as contemplated
by 1. hereof, provided, however, the Commission may, in its
discretion, permit rebuttal witnesses and testimony not
contained in a filed report. No witness shall be questioned
about any matter not identified in a report; provided,
however, unlimited cross-examination will be allowed and
any matter inquired about in cross-examination may be
addressed in redirect. Issues raised in cross-examination
may be addressed by the opposing party to other witnesses,
even if such issues were not identified by the party seeking
to inquire into such matters.
Strict rules of evidence shall not apply, but the presiding officer
shall have discretion to receive or exclude testimony so as to
ensure a fair hearing to both sides.
g. Deliberation:
The deliberations of the Commission shall be private. However, the
decision must be announced in public.
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"ATTACHMENT e"
ITEMS REMOVED FROM CIVIL SERVICE RULES
RULE 1. DEFINITION OF TERMS
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
employees with a disability.
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.
CHARTER
The Charter of the City of North Richland Hills, Texas, and its subsequent amendments and revisions.
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.
CLASS TITLE
A brief description of the type of work performed.
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 where the essential
functions cannot be reconciled with the essential functions of any position in a lower classification may be considered
entry level.
JOB DESCRIPTION
A written statement of the characteristic essential functions, 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.
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PROBATIONARY PERIOD
A working test period in which the employee is required to demonstrate his fitness by actual performance of the essential
functions of the position to which he is appointed. The twelve month probation shall begin with the first workday following
the completion of all formalized basic training required by the department.
PROMOTION
The reassignment of an employee from one position to another position 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.
REGULAR EMPLOYEE
An employee who has successfully completed the probationary period requirements for the position.
TRANSFER
The reassignment of an employee from one position or class to another having the same maximum salary rate.
RULE 2. GENERAL PROVISIONS
2.01 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 regulations made thereunder.
2.04 PROHIBITION OF POLITICAL ACTIVITY
Employees while on duty with 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 to the City Council all Civil Service Rules and Regulations for adoption by ordinance.
· 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 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 circumstances 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.
· Shall in conjunction with the department head determine the ability of an employee to perform the essential functions
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of the position.
· 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.
· Shall recommend to the City Council for adoption by ordinance the Rules and Regulations governing promotions. The
City Council shall not change, amend, delete, or alter the Civil Service Rules and Regulations without the
recommendation of the Civil Service Commission.
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 Human
Resource Department 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:
1. The same descriptive title may be used to designate each position in the class; and
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 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 or 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 days in duration.
3.04 JOB DESCRIPTIONS
The Human Resource Department shall maintain a master set of all approved job descriptions. Such jOb descriptions shall
constitute the official job descriptions in the classification plan. The Human Resource Department shall provide each
department head and appointing authority with a set of the job descriptions for the position classification plan. Such job
descriptions, in the Human Resource Department, shall be open for inspection by employees, interested individuals, and
the public under reasonable conditions during regular business hours.
a. Nature of Job Description: Job descriptions are descriptive only and not restrictive. They are intended to
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indicate the kinds of positions that are to be assigned to the respective classes as determined by their
essential functions 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 of applicants; 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 re-titled 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:
1. 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
3. The added duties and responsibilities upon which the reclassification is based could not
reasonably have been assigned to any other position; and
5. 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.
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 days in advance of the date of the examination in the Human Resource Department 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
Human Resource Department 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 perform ing the essential functions of
the position with reasonable accommodations.
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.
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
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prescribed time limits.
h. Has taken part in the compilation, administration, or correction of the 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. Does not acquire or maintain appropriate drivers license for the position; does not remain eligible as an
insured driver under the City's current management 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 City Manager shall
be appointed to any position in the classified service.
Persons related within the third degree by blood or marriage to the Deputy City Manager, Assistant City Manager, a
department head, the departmental second-in-command, or a Human Resource employee shall be disqualified for initial
employment with the City.
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.
5.07 MEDICAL EXAMINATIONS
Appropriate physical examinations related to the performance of the essential functions of a position shall be required of
all applicants prior to original appointment in the service and the examinations shall be given by a physician appointed by
the City Manager and paid by the City. The City will make reasonable accommodations to the known physical or mental
limitations of an otherwise qualified applicant or employee with a disability unless to do so would impose an undue
hardship on the operation of the City's business. In the event of rejection by such physician, the applicant may call for
further examination by a board of three physicians appointed by the Commission Director of Human Resources, but at the
expense of the applicant and whose findings shall be final.
RULE 7.
CERTIFICATION, APPOINTMENT AND PROBATIONARY PERIOD
7.01 VACANCIES
If an eligibility list does not exist for the vacancy, the Human Resources Department shall conduct examinations to create
an eligibility list receiving the required notification from a department head thirty days after receiving required notification
from a department head.
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.
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The Commission shall recommend to the City Council by June 1st 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 employee merits an increase on the basis of
meritorious 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 to be
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 hour work week.
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.
RULE 9. HOURS OF WORK, LEAVES OF ABSENSE, & OTHER BENEFITS
9.01 HOURS OF WORK
Regular working hours for all full-time employees shall be forty 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 hours each week.
9.02 HOLIDAYS
All regular employees in the classified service shall receive their regular compensation for the following holidays:
New Year's Day: January 1st
Memorial Day: Last Monday in May
Independence Day: July 4th
Labor Day: First Monday in September
Thanksgiving: Fourth Thursday & Friday in November
Christmas Day: December 25th
If a holiday falls on Saturday, the holiday will be observed the preceding Friday. If the holiday falls on Sunday, the holiday
will be observed on the following Monday.
Employees shall also receive a floating holiday and their birthday as two personal holidays. Employees may choose the
dates to observe their personal holidays, with departmental approval. Personal holidays must be taken within one year
from the date they are earned.
9.03 VACATION LEAVE
a. Each regular full-time employee in the classified service, shall receive vacation leave credit annually as
follows:
After 1 year of service: Two weeks*
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After 3 years of service: Three weeks
After 8 years of service: Four weeks
After 20 years of service: Five weeks
*Sworn Police and Fire personnel will earn 3 weeks paid vacation starting with the completion of one year of service. The
balance of their vacation schedule remains the same as other employees.
For the purpose of this section, a week shall be defined as a normal workweek for all employees in each of the designated
classifications.
b.
c.
Regular part-time employees who are budgeted at least twenty hours a week shall receive pro-rated
vacation leave credit on the basis of hours actually budgeted.
Example: A 20-hour/week employee will earn vacation leave at 1/2 the rate established for full-time
employees.
Fire fighting personnel assigned to a 56-hour workweek shall receive vacation leave credit annually as
follows:
After 1 years of service: 7 shifts
After 8 years of service: 10 shifts
After 20 years of service: 12 shifts
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.
d.
9.04 SICK LEAVE
a. Regular full-time employees in the classified service shall earn ten 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 months of service. At the completion of six months of 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 supervisor.
b. Regular part-time employees who are budgeted at least twenty hours a week shall earn sick leave credit
but the amount of sick leave credit earned shall be prorated on the basis of hours actually budgeted.
c. Sick leave with pay shall be granted for absence from duty for actual personal illness or to keep a doctor
or dentist 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.
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 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 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 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. Provided however, employees who retire shall be permitted to convert up to thirty 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 twenty years of continuous service with the City, or who retires under the
Texas Municipal Retirement System.
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 ninety days (720 hours)
of the deceased employee's 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 1008 hours.
9.05 WORKERS' COMPENSATION
a. Employees in the classified service who are injured on the job are covered by Workers' Compensation
and shall be granted occupational disability or injury leave, not charged against his sick leave or vacation.
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Employees shall endorse Workers' Compensation checks and remit any such check to the City. Should
an employee fail to remit workers' compensation funds to the City, the employee's paycheck shall be
reduced by the amount of the Workers' Compensation check. Death benefits are exempt from this
requirement.
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 Human Resource Department 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 workers'
com pensation.
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 Human Resources:
1. Full pay shall be paid to the employee for thirty 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 that's related to the same injury.
2. 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 months of accumulative
absences from the first day absent due to such injury.
3. The City Manager may further extend full or reduced pay to the employee for a period not to
exceed one year of accumulative absences from the first day absent due to such injury or
may refer the matter to the City Council for action.
4. The department head and the Human Resource Department shall investigate the injured
employee's progress to determine whether a recommendation should be made to extend full-
pay beyond the initial thirty 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 calendar days leave of absence with full pay in anyone fiscal
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 days in one fiscal year.
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.
9.08 LEAVE WITHOUT PAY
Leaves of absence without pay may be granted to regular 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 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 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 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 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.
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9.11 HEALTH AND LIFE INSURANCE
Health, dental, and life insurance coverage is provided by the City for regular employees who are budgeted a minimum of
twenty 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.
9.12 MATERNITY LEAVE
Maternity shall be treated as any other non-duty temporary
disability covered under the rules pertaining to sick leave and the Family Medical Leave Act.
9.13 FAMILY AND MEDICAL LEAVE ACT (FMLA)
FMLA leave is provided in compliance with the Family and Medical Leave Act of 1993, as adopted by Ordinance 1948.
a. Eligibility:
An employee is eligible for FMLA leave if the employee is employed at a work site where 50 or more City
employees work within 75 miles of that work site and has been employed by the City:
1. for at least 12 months; and
2. for at least 1,250 hours of service during the previous 12-month period.
b. Entitlement, Calculation; Purposes
An employee who is eligible for FMLA leave, may take a total of 12 work weeks of leave during a 12-
month period measured forward from the date the employee takes the first day of FMLA leave, for one or
more of the following purposes:
1. To care for a newborn child of the employee;
2. To care for a child newly placed with the employee for adoption or foster care;
3. To care for the spouse, child, or parent of the employee, if the spouse, child, or parent has a
serious health condition; or
4. Because of a serious health condition that makes the employee unable to perform the functions
of the employee's position.
c. Expiration of Entitlement to Leave
Entitlement to FMLA under Subsection (b) (1) or (b) (2) for the birth or placement of a child expires at the
end of the 12-month period beginning on the date of the birth or placement.
d. Leave Taken Intermittently or on a Reduced Leave Schedule
1. Leave taken under Subsection (b) (1) or (b) (2) may not be taken intermittently or on a reduced leave
schedule. Leave under Subsection (b) (3) or (b) (4) may be taken intermittently or on a reduced
leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave
schedule pursuant to this paragraph shall not result in a reduction in the total amount of leave to
which the employee is entitled under Subsection (b).
2. If an employee requests intermittent leave or leave on a reduced schedule, the City may require the
employee to transfer temporarily to an available alternative position for which the employee is
qualified and that:
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave than the regular employment position of the
employee.
e. Exhaustion Paid Leave
An employee who takes FMLA leave must exhaust accrued vacation leave for leave provided under
Subsection (b) (1), (b) (2), or (b) (3), as part of the 12-week entitlement period, before beginning leave
without pay status. An employee who takes FMLA leave must substitute and exhaust accrued sick leave
provided under Subsection(b) (4), as part of the 12-week entitlement period, before beginning leave
without pay status.
f. Obligations of Employee
1. When the necessity for FMLA leave under Subsection (b) (1) or (b) (2) is foreseeable because of an
expected birth or placement, the employee shall provide the employee's supervisor with not less than
30 days' notice, before the date the leave is to begin, of the employee's intention to take FMLA leave.
If the date of the birth or placement requires leave to begin in less than 30 days, the employee shall
provide notice as soon as practicable.
2. When the necessity for FMLA leave under Subsection (b) (3) or (b) (4) is foreseeable because of
planned medical treatment, the employee:
(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the
operation of the City, subject to the approval of the health care provider; and
(B) shall provide the employee's supervisor with not less than 30 days' notice, before the date the
leave is to begin; except, that if the date of the treatment requires leave to begin in less than 30
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days, the employee shall provide the notice as soon as practicable.
g. Spouses Employed by the City
If a husband and wife are both employed by the City, the aggregate number of work weeks of FMLA leave
to which both are entitled is limited to 12 work weeks during any 12-month period, if the leave is taken:
1. to care for a child under Subsection (b) (1) or (b) (2); or
2. to care for a sick parent under Subsection (b) (3).
h. Certification
1. The City Manager may require FMLA leave under Subsection (b) (3) or (b) (4) to be supported by a
certification issued by the health care provider of the employee or the child, spouse, or parent of the
employee. A certification must be furnished in a timely manner when requested. A certification is
sufficient if it states:
(A) the date on which the serious health condition commenced;
(B) the probable duration of the condition;
(C) the appropriate medical facts within the knowledge of the health care provider regarding the
condition;
(D) for purposes of leave under Subsection (b) (3), a statement that the eligible employee is needed
to care for the child, spouse, or parent; and an estimate of the amount of time that the employee
is needed to care for the child, spouse, or parent; and for the purposes of leave under
Subsection (b) (4), a statement that the employee is unable to perform the functions of the
position of the employee;
(E) in the case of certification for intermittent leave or leave on a reduced leave schedule for
planned medical treatment, the dates on which the treatment is expected to be given and the
duration of the treatment;
(F) in the case of certification for intermittent leave, or leave on a reduced leave schedule, under
Subsection (b) (4), a statement of the medical necessity for the intermittent leave or leave on a
reduced leave schedule, and the expected duration of the intermittent leave or reduced leave
schedule; and
(G) in the case of certification for intermittent leave, or leave on a reduced leave schedule, under
Subsection (b) (3), a statement that the employee's intermittent leave or leave on a reduced
leave schedule is necessary for the care of the child, spouse, or parent who has a serious
health condition, or will assist in their recovery, and the expected duration and schedule of the
intermittent leave or reduced leave schedule.
2. If the City has reason to doubt the validity of the certification provided under Subsection (h) (1), for
leave under Subsection (b) (3) or (b) (4), the City may require, at the expense of the City, that the
employee obtain the opinion of a second health care provider designated or approved by the City
concerning any information certified under Subsection (h) (1). A health care provider designated or
approved under this paragraph may not be employed on a regular basis by the City.
3. If the second opinion described in paragraph (2) differs from the opinion in the original certification
provided under Subsection (h) (1), the City may require, at the expense of the City, that the employee
obtain the opinion of a third health care provider designated or approved jointly by the City and the
employee concerning the information certified under Subsection (h) (2). The opinion of the third
health care provider concerning the information certified under Subsection (h) (2) is final and binding
on the City and the employee.
i. Health Benefits
The City will provide health benefits to an employee while on FMLA leave at the level and under the
conditions benefits would have been provided if the employee had continued in employment for the
duration of the leave. The City may recover the cost that the City paid for the health benefits during the
period of unpaid leave if:
1. the employee fails to return to work after the period of leave to which the employee is entitled has
expired; and
2. the employee fails to return to work for a reason other than:
(A) the continuation, recurrence, or onset of a serious health condition that entitles the employee to
leave under Subsection (b) (3) or (b) (4); or
(B) other circumstances beyond the control of the employee.
RULE 10. SEPARATIONS AND DISCIPLINARY ACTION
10.01 CAUSE FOR DISCIPLINARY ACTION
a. Habitual use of alcoholic beverages to excess, public drunkenness, or the illegal use of narcotics.
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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 toresult, 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.
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.
o. 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 canceled by the proper
authority.
10.05 PROBATIONARY, TEMPORARY, AND PART-TIME EMPLOYEES
Probationary, temporary, and regular part-time employees who are budgeted less than twenty hours per week are non-
classified and have no appeal rights with the Civil Service Commission.
RULE 11. APPEALS
11.01 GENERAL PROVISIONS
A regular 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.
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 current classification.
12.02 EMPLOYEE EVALUATIONS
a. Performance evaluations shall be conducted at six month intervals from the employee's date of original
appointment. If an employee's merit eligibility date is different than the date of original appointment (e.g.
reclassification, promotion, etc.), then the performance evaluations shall be conducted at six month
intervals following the employee's merit date. Annual evaluations are due in the
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Human Resource Department no later than one month prior to the employee's merit eligibility date.
b. Evaluations shall be conducted on forms developed by the Human Resource Department 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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"ATTACHMENT C"
ITEMS ADDED TO THE CIVIL SERVICE RULES
RULE 5. CERTIFICATION, APPOINTMENT AND PROBATIONARY PERIOD
5.05 EXTENSION OF PROBATION
Subject to review and approval by the Human Resources Director, an employee's probationary period may be extended
for a period not to exceed ninety (90) days. The extension of an employee's probationary period is not grounds for filing
an appeal. The department head may request an extension of the probationary period when an employee's absence from
work for an extended period of time did not permit an acceptable assessment of performance. If an extension is granted,
the employee will be advised in writing an given the date on which the extended probation period will be completed.
RULE 7.
APPEALS
7.01 GENERAL PROVISIONS
Employees in the classified service have the right to appeal written promotional examination questions when an
assessment center is not used, disciplinary indefinite suspensions, temporary suspensions, and demotions.
7.02 NON-DISCIPLINARY ACTIONS
Employment actions such as indefinite suspensions, temporary suspensions and demotions for non-disciplinary reasons
may not be appealed to the Civil Service Commission. The following are grounds for non-disciplinary actions:
a. Failure to maintain minimum job requirements
b. Failure to maintain or secure required licenses or certifications
c. Termination due to absence after exhaustion of all paid and unpaid leave
d. Job abandonment
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