HomeMy WebLinkAbout1981 Ordinance No. 022' : .... ,.~:
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ORDINANCE NO. ~CJ..
SERIES OF 1981
BY AU'l'HORITY
COUNCIL BILL NO. 18
IHTRODUCED BY COUNCIL
MIUIBER BRADSHAW
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AN ORDIHAHCB SUBMITTING 'l'O A VOTE or 'tllB QUALIFIED ELBCTORS OF THE
CI'l'Y OF BHGLSWOOD, COLOJlAIX), AT A SPSCIAL ELECTION TO BE HELD ON
MARCH 2,, 1911, .PROPOSED AJmHDllBlft' 'l'O TD CBAllftR O!' TBB CITY OF
ENGLBWOOD, AS FOLLOWS: ·cullllZNT ARTICLB xv COHCSJtNING ENGLEWOOD
EMPLOYBB DLATIOHS AND CAREER SBRVICB SYS'l'BM ACT -1972 IS REPEALED
AND ADOPTSD DI PLACB THBRBO!' :IS DGLSllOOD LABOJl RELATIONS AND
CAREER SERVICE SYSTEM -1981.
BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. There is hereby submitted to the qualified electors
of the City of Englewood at a special election to be held on
March 24, 1981 proposed amendment to the Charter of the City of
Englewood, as follows:
That effective immediately upon approval of the qualified
electors of the City of Englewood, and the certification thereof
to the office of the Secretary of State of Colorado, pursuant to
Section 9 , Article XX, of the Colorado Constitution, the Charter
of the City of Englewood, and Section 31-2-210 of Colorado Revised
Statutes 1 973, as amended, Article xv, Englewood Employee Relations
and career Service System Act -1972, of the Home Rule Charter of
the City of :Inglewood is hereby repealed and adopted in place
thereof is the following:
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;137:1
ARTICLE XV
Englewood Labor Relations and
Career Service System -·!981
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Statement of Policy -Labor Relations
It 1• tb• public policy of th• people of the City of
Englewood to promote harmonious, peaceful and cooperative re-
lationship• between th• elected and appointed official• of the
City and tb• member• of the claaait.1ed •ervice and to · ~rotect
the public by aaaurins, at a ·ll tim••, re•pon•ible, orderly, .
and uninterrupted operation of government ·services and where
• necessary, to prov:id.e for and regulate auch matters of local
concern. Since unresolved dispute.a iD the public service are
injurious to the public, and to the ·g9vernment of the City of
Englewood, and City employees, there. ia ·hereby provided, for full
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time classified employees in an appropriate bargaining unit, the
right to bar1ain collectively concern1DI certain subjects with
the City as employer through a ·certified employee organization
and ·a method tor resolving impaaaea in auch bar1ainin1, as here-. .
inatter provided. The es.tablisbment of this method of resolv-
ing s u ch ... impasses shall be . deemed to· be a recosnition of the
propriety Qf providing an alternative mode of settling disputes
where public .. ployees, as a matter of public policy, and
in recosnition of the desirability of ·maintaintn&& balance in the
labor mana.cement relationship, must be denied tbe r11ht to strike,
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§137:2 Definitions
As utilized in this Article · of the. Charter, the f9llowing ..
definitiOA• shall be observed: .
c&> Appointing Authority. The Appointing Autho~ity is the
City ll&D .. er.
(b) .Permanent. A full-time claaaified employee who bas
successfully coaplet~d a probationary period ·in a classified
position ·~ter original appointment or promotioa by the appointing
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authority. A. permanent employee is subject to the protection of
the Career lerYioe ·syat ...
(c)' Claaaified ·service. All full-time .permanent claaaif-
fied poaitiOD9that are included within tb• Car .. r Service System •
(d) B!l>loyer or City Employer. The Mayor, and members of
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the City Council, City Manager and hi• or her deaignees for pur-
pose~ of collective bargaining.
(e) Contractual Employment. Employment relationship not a
part of the Career Service System tor a set period of time for
special projects or programs or for other managerial and profes-
sional assistance.
(!) Confidential Employee. An employee who is privy to
decision• or · wbo: bas access to informat.ion of City mana1ement
affectinc employee relations or whose functional responsibilities .
or knowl•ds• of the .City affairs a&kea memberabips or participa-
tion in the aff&irs ot an employee organization incompatible or
inconsistent with their official duties of employment. ror· pur-. .
poses of this definition it is conclUSJ..°'Vely· nremmed tb&t any indi-vid~
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ual employee in the City Manager•s office or in the Employee Rela-
• tions Department or in the City Attorney•s otfic~ is a co~fidential
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employee.
(g) ConfideDtial Secretary; One person in the office of
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each department, board or commiaaion and City Council as desig-
nated oy the City Manager.
(h) lluyerial Bmployee. Tb• City ll~aser, department heads ..
and &asiataat department heads.
(i) Supervisor. An individual JaaviDS th• authority, consis-
tent with other proyiaions of. thi• Article, in the interest of
th• .-plo~er to .bir~, fire, .traa•fer, .uapend, ·1&7-oft,· recall,
promote, di•ubars•. asai111, reward, cliacipliDe or· evaluate other
employ•••• er to &dju•t their srievaao••· or effectively to rec-. .
camDeDd a&F of tb• fore101As if; ill ooauaeotion with the ~oregoing,
the exerci8e of aucb authority 1• not of a merely routine or cler-
ical nature, but,. rather, require• th• uae of independent judgment.
(j) Citf Bi1hts. The City shall have, in addition to a~l
powe r •, duti•• &Dd risht• ••tabli•b•d by con•titutional provision,
atatute, ordinaaoe,.charter or special act, the exclusive power,
duty and rights to;
( i) Determine ·the overall mission o:C the City as a
unit of government.
(ii) To maintain and improve the efficiency and effective-
ness· of City ·operations.
·(111) To determine the servtc•• to be remdered 1 tb8
operations to be performed, the technology to be utilized,
or the matters to be budgeted.
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(iv) To determine the overall methods·, processes,
means, job classifications ·or personnel by which Ci.ty
operations are to be conducted.
(v) To direct, supervise, hire, promote, transf~r,
as•isn, •cbedule, retain or lay-off emplo1ees •
• (vi) .To suspend, discipline, discharge, and demote
for cauae, all full-tim4t permanent cla••ified employees. . . .
(vii) To relieve employees frOll duties because of ·
. . lack of work.or fund•, or UDd•r oondition• .. wber• tb• City
determines continued work would b• inefficient or non-
produoti•e. ..
(~iii) To take whatever o'ber actions m&J be neceaaary
to carry out tbe wi•b•• of the.public not otheriri•e
apeoified herein or limited by a collectiYe ·barsainins
agreement.
(ix) To take any and all action• to carrJ' out the
mission of the City in case• of emergency.
(x) MotbiDS contained herein aball preclude the City
from conferring with its eJDployees .for _purpose of de-
veloping policies to etfectuate or implement any of the
above-enumerated rights·.
All of the powers, duties and rights as enumerated above shall
be within .t he exclusive 'right of the City except as limited or
modi:f ied· by· .. a · collective bargaining agreement.·
(k) 111ploxee Ri1bts. A ~ull~time cle.saified em-
ployee who is not a con:f idential employee ·, a aanagerial employee,
or a supervisor shall have the ri1hti
(i) To form, join, support or participate ·in, or to
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· refrain from forming, jo i ning, .support~ng, or participating .. .
in any employee organization or its lawful activities; and
(ii) B&rgai~ collectiv~ly through their certified employee
representative.
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(iii) Ro employee shall be iiiterferred with, restrained,
coerced or discriminated against because of the exercise of
the .. rishta nor shall the right of an individual employee . . . . . . . .
· · to discuss employment ~oncerns with th. City be infringed
upon.· · .; ..
( l) . ·Board, Tbe Career Service Board.
(•) . ypropriat• Bmplot•• Barl'a':lb'i'lil' un·1t· '(o·r · App·ropriate
Bar1ainin1 Unit). An employee unit deaisnated b7 the Board to be
I • . . ap~ropriate . for~,. purpo•• of colleotiY•·bargainiPS· In deter-
mininc tbe .~ppropriate barcainine unit ' tbe Board shall have no . .
authority to include any employee other than a tull~time
classified employee. Any full-time claasi~ied -. . . . ..
employee aay be considered for inclu•io~ in the appropriate bar-
; sainins QDi t . except : . . . •'
(i) Any e1ected official or person appointed to fill
a vacant elected position, or any Board or comm~ssion mem~
ber .or judge, or any person appointed to a position by
City Council •
. (ii ) City Manager, assistants to th.e Citf· Manager and . \ .
employees of the City Manager•s office, Department Heade, ..
Citf Attorney and employees of tbe City Attorney~& office
·and confidential secretaries.
(111) Mana1erial and superviaorJ employ•••·
(iv) Confidential employees,
(v) ADJ part-time, temporary or contractual employee~
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(vi) Any .~ployee h"ired fo1· special projects or pr.o ....
grams or through the .use of outside !undin1 sources.
(n) Employee Organization. Means any lawful organization
which has a.a one ot · its primary purpoaes .repreaentiDI full-time
classified eiiiployees in their employment .relation with
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the City;. provided, however, that said organization has no re-
striction on membership based on age, race, color, creed, sex,
handicap, or national origin. . . . . . ... . . . -...
(o) Certified Employee Orqanisati'on .(or Certified Employee
Repreaentative) • An mpploy-organisation that ha• been ~rti
fied by the Board as repreaenting the employee• in an appropri-
ate baqaining unit •• a reault of obtaining a majority vote in
the appropriate unit pursuant to a Board conducted election. No
organiaation .ahall be eligible to be the certified employee or~
qanisation if it admit• to
• with an organisation that
auperviaora or who act in a superviaory ·capacity with reapect to
employees of th• City of Bnqlewood .. defined in this Article.
No organisation ahall be eligible to be the certified employee
organization or certified employee representative with respect
to polipe officer• of the City if such organisation admits to
membership employees of any employer, public or private, ·other
than police officers, except that such · employee organization
may affiiiate itseif with other organizations ~ho admit such other
·employees to membership, so long as the certified employee organ-
ization· r .. aina locally autonomous.. ..
(p) bclu•ive· Re·c·o·1111·t·1·o·n o·-r ·u· ;aw·1·oyee' ·0rgan'i'sat'iOD.
The certif ic&tion of an employee or1anization bJ the C&reer
8 Service Board that the organization shall repreaent all em~
ployee• in &D appropriate unit aa determined by tbe Board for
the purpose of collective bargaining.
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Strike. Concerted activity .res~lting . in failu~~ to re-
port· to duty, or the abaence from on•'• poaition, or t:h• atoppaqe
of work.
A c~rtified.amployee appointed to . . . {r) c1 ... aified !l!PlC!Y••·
an allocated position within the claaaified ayatea.
The cowicil aay adopt: additional appi:oPriate 4efinition• to
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effectuate the p.>1icies of this Art!ol•of th• Charter.
1137:3 !arC1D1DI RiJht• ..
Only full-time cluaified -ploy_. .in·•aD-appro-
priate barcainills unit have th• rish~ to. barsain collectiYely . .
with the City through their certified .. ploy•• repr•••ntative
towards securing a collective bargaiDiDS asre .. ent. Only an .
employee organisation that has been oertif ied by the Board .
shall be entitled to engage in ·collective barcaining with the
City. ~n certify~ng an employee orgainization as representing
the employees in an appropriate bargaining unit,.the Board or
. ' its designated bearing officer shall consider ( ·1n addition to . . .
any other requirement as· set forth be~ein) the following factors:
(a) The unit that will insure employees the fulleat freedom
and the exeroiae of ris~t• sranted.wader thi• Article,
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• .(b) The community of interest of~th~ emplo1ees,
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(c) The .history of the emplo7ee relations in the unit,
among other emplo7ees of the City, and · in similar pub~ic employ-
ment.
(d} The effect of the unit on 'the efficient operation of
the public service and a~und employee rel~t1ona.
(e) The effect on the existing : classification structure of . . .
dividins a aiDsl• cla••if1cation amo~ two ·or 110re unit•.
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§137:4 Tel"lls of the Collective BarJ&iia'1n1 Acre .. ent
~· oblisation to meet at rea80aable time• and nesotiate in
sood faith ah&ll commence on or prior to llay 15 of any &pplic&-. . . .
ble year iQ which the Bargaining Acre .. ent expires or "in wbich
collect1.Ye barsaininc is otherwi•• proper. Tb• Collective Bar-
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gaininc Asr ... ent between the City and the certif ie~ barcaining
representative shall consis~ of any and all 'tenas actually agreed
upon by the parties~ which terms u.re not otherwise inconsistent
with the Ordinances or Charter Qf the City, The Collective Bar-
gaining Agreement shall be for a term of not less than one (1)
year nor more than three (3) years, provided ·that all Collective ..
Bar&aipinc Acreements ent9red into shall be effective_ on a
January 1 date aodshall terminate on a December 31 date.
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§137:5 Subjects for Collective Ba~gaining
(a) Mandatory subjects. 'l'he City and the certified employee
represept~tive shall have the mutual obligation to negotiate and .
bargain in vood faith over the following mandatory subjects:
Wages, hours, vacation, inaurance (contribution levels
and levels of benefits only), holidays, administrative leave,
personal leave, military lea'V9, disability leave, funeral
leave, dues deduction, grievance resolution procedure(includin9
coats and expenses associated therewith), non-State or
Federally regulatad or aandated penaion or retire~nt
proviaions (contribution levels only), over-time pay
fonaulaa, work uniform proviaions, acting pay, longevity,
tranafer procedure, procedure• for auapenaion, demotion,
and diacharge, and education incentivea. That the
.. intanance of benefit• ahall alao be conaidered· a
aandatory aubject under tbia aection for the period
covering up to and including December 31, 1984, after
wh ich it will become a oermissive subiect.
Cb) •on-lleqotiable Subjec·ta. Th.Al tollowing 11\lbjects shall
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be excluded from collective b.rv•ining •• non-n99otiable subjects
of bargainin91
Any aubjec~ pre-empted by State o~ ?~derAl l~w or by City
Ch•rter1 State o~ ~ederAlly re9ul~ted or mand~ted pension
provi.aion•1 .administra.tion o~ insurance progr~ma, selection . .
of inaurance carrier includ1.ng aelf-inaur•nce; matters dele-
gated by Charter to •ny B~rd .Qr Comnaiaaion of the City; all .
matter• relating to cla.ssificatton, recruitment, hiring,
examination and certif~cation ot appointaent to a. position . . . . .
ancf' career Seryio• Board Appeal• ba.sed thJareupon 1 promo.tions . .
out of th8 barga~~ing unit, ··-·· ..
(c) Permiasive Subjects. Collective bargaining upon any other
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aubject (i.e., not mandatory or non-negotiable) ia permiaaive and
may be conducted if mutually agreed to by the parties.
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§137:6 Impasse Resolution
. Xn the event the parties are unable to .reach agreement on
. . all mandatory .s~ject8 to be contained in the Collec~ive Bargain-. .
. ing Agre-t on or before July l ot' the year iD which tha pS.rties . .
have met ·and bargained over theae aubjects, impasse shall be
declared with each party .. parately •ublDittJ.n1 to t:he Board an . .
impasse s~t.,ent which containa that party'• final o~fer regarding . .
any ,.al;ldatory subject upon wbJ.cb t:be parti-an · at 11opasse. The . .
Board aay, at ita discret,ion, appoint or ~loy .one or .more fac·t-. .
t;be aoazd 8ha11 iaaue written
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. finder• to a~i•t it. By AUguat. 10., ..
f indin9• of fact an4 reca•••n4at.1ona
!or reaoluti"on of ' tbe mandatory .
subject• in 4impute. Said fiD4in9• IUld ·nc:am•ndatJ.ona shall be
served upon ·th• certified B11Ploy-or9.,nisation, the city and the . . .
City eouncil an4 aball be.final and binding upon the parties unless,
within five (5) vo~king day• aft.er receipt of the finding• .and
recoarendationa, th• parti••. are abl• to reach agre ... nt over the . . . . . . .
terms of the new Collective Bargainin~ Agreeme~t-. Xn t11e event the
parties an iable to·reach sai.d agr .... nt and have so notified .the
~oard within this fi~e (51 working ·day period, the :eoard's find1ngs
and reconaendations shall be null and void. All fees and expenses .
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of the fact-finding process, .including the making.· but not the .
transcription,· of a .record and . ilaaiatance .. of counsel to the Board . . ..... '
shall be abared equal~y ·by the City and -the Certified Employee
Organization.
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,... Sl37 ;6 Impasse Resolution~ --
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If either p~ty is dissatisfied with the Board's final find-.,
ings. and recoaaendations, the ~arty or parties aay sub~t a writ-
ten notice of dissatisfac.tion to ·city ·council within twenty ( 20)
calendar days of. the date of issuance of 'the Board'• finding and
recommendations •. only the provision or prov~aions subm~tted ~o the
Board .for imp&••• resol~tion, which proviaion or proviaions are the
basis for dissatisfaction, may be contained in the notice to City
council. Wi~in thirty (30} calendar day• afte~.receipt of this·
notice of ~·••tiafaction, City council. ahall call a apecial elec-
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tion by Ordinance or reaolution •ublit~in9 .the .. t~er to a .. vote of ·
the qual~fied electorate of the City •. The final offers 'of the City
and certified Bmployee Organization and the Board'• reccmmendationa
on the iaaue(a} contained in ·a notice of dissatiafaction shall be
submitted a• altern•tive aingl• aeaaur•• to a vote of th• qualified
elector• of th• City. The qu•lified electors ahall elect either
the position of the city, the position of the Certified ·Bmployee .
Organization, or the Board's recommendation. '1'he position or
recommendation receiving the highest number of votes shall be deemed
approved. Said election shall be conaistent with the provisions of
Article rr, Section 14 of the C~ty Charter.
All coat and expenses of any publication or speci•l election
shall be borne ·by :·the · City·• · ; ..
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,c. .§137:7 Strikes Prohibited
(a) The protection of the ·public health, aafety and welfare
demands . that neither the certified employee orsanization, nor any
employee orsanization,· nor any employees of the City, -nor any
person acting in concert with them, will .cause, sanction, or take
part in any strike.
(b) In tbe event a certified employee :repreaentative en-
:gaces ill aay conduct which falls within the definition of "strike",
herein, ~ucb violation shall be cause for the CitJ to tel'llinate
the collective bar~ainins agreement with said certified 911.ployee
representative and/or withdrawal of recosnition of tbe certified
employ•• repreaentative upon sivins· written notice to tb&t effect •
to the cbi•f representative of aaid oert~f ied employee repreaen-
• t&tive or ... pioyee Orc&niaation, in addition to wbatever other
remedies aay be ·avail~ble to the Ci'ty at law or in equity.
(c) In tb• event an · employee or employ••• encase in any . .
conduct which falls within tbe definition of "atrike", herein,
such viola.~ion aball coru;;titut<:: Just -cause for the immedia:te dis-
charge of . said ·.employee, in addition to whatever other remedies
may be available to t .he City at law or in :equity. The City shall
not be required to pay &ny employee an7 portion of his/her .
salary or fringe benefits while engasing in activity in viola-
tion of said section. It is expresal7 recosnised that the City . . . ....
has ·the ri&ht to selectively discipline, up to and including .
discharge, any employee or employees whose conduct falls within
the daf initioaa of aaid s .ection without ha.vins to discipline all
• employees whose conduc·t falls within the definition of said
section •.
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§137:8 . City Ordinances
Tbe Council sball adopt appropriate Ordinuces to ef :fec"tuate
the policies of this Ar·tiole of the Ch&i:ter. ·
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Sl38:1 career service System
Th• apJ>Ointing Auth~rity ahall·prepare and aubmit to City
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council for adoption a •car .. r .. rvioe ly•tea•.which 8hall apply
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to all full-t"J..e cla••ified employ .. • of the City of Bnglewopd
(herein the : •city•), exoluding any elected official ·or per•on ·
appointed to fill a vacant elected po•ition, any Board or comm-
. . . ission Mellber,·Judge, City Manager, employees of the City Manager's
office, oepartMnt Bead•, City Attorney, employees of the City
Attorney's office, confidential secretaries, and persons appointed
to a position by council.
Prior to final enactment by City council of any ordinance
adopting auch aystem, or of any ordinance amending the ·
same, such ordinance or amendment shall be submitted to the ..
Board of Career service commissioner• for raccimmendationa and
the Board shall, prior to forwarding to City Council such reco-
m~ndations, after appropriate public notice, hold a public hear-.
ing thereon. Tb• Board shall have forty-five (45) calendar days
from the date of •ub11d•sion to forward such recommendations to
• the City Council.
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§138:2 Merit Principles .I
~he. career Service System shall include appropriate Admini~
strative Procedures which embody the . following Merit Princi~les · ·
applicable to these emplo:ir-s as set"forth in 11la.J. of the Charter:
I. Recrui ting, se1ecting, and advancing applicants and emp1oyees
on· th• b-ia· of .their re1at.:l.v• abilit~, knowledge and skills~
including open consideration of qualif ie4 applica~t~ for
apf.'A>intment. Actual elljj>loyment an4 promot.ion to b• aade from
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eligibility lists bued on open, ··competitive exaMinations.
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II • Th• .. t~lillhmeot an4 .. int~•DO• of a ol-•ification plan
baaed on job analyaia and utilised for adllinistrative
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decision .
•akin9 on oaapenaation, aeleotion,.•plOf .. development,
car .. r 114v~cement, U,pwar4 llC>l»ility and other personnel 'program
ac.tivities.
III~ 'l'h• .. t.Uliabment and -intenanoe of an employee ~raining· •
. program deaigned to improve perfoxmance.
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IV. The establiahment and aaintenano• of a job related employee . ..
perfoxaance appraisal system, designed to assess the adequacy . . ..
of individual employee performance in relation to perfo~ance . .
requireaents, for einployees t~ recognize their ow.n. performance
improvement needs, an'l as a b6.sis for personnel action ·
incluCling promotio n, r~org~nising and r.warding auperior per-· . . ....
foraance and corre.cting inadequate p~rfoX'lftance or separating
employees in cases.of continued inadequate performance •
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Pemanent full.time classi~iec! .-ployeu will not be subject;
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: to separation except ·for just cause or auch reaaona •• cur-
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tailment of.work, lack of fund.a '?r other legitimate reasons.
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§138:3 Career Service Board
Th~ Council shall create a .Career Service Board (hereinafter ..
. the "B~ard"), which shall consist of five (5) -bersr. all of
whom ·reaide. within the City and poaaeaa·the intesrity ·&Dd impar-.
tialit~ to protect the .public.intereat,· as well · as the interest
of the City and its full-time permanent ' claaaified emplo1eea •
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Members of th• Board shall be appointed, elected and selected,
as follows:
a. Two (2) .members of the Board· ahall be appointed by the
City Cowa~il for . terms of four ( .f.) year•.·
b. Twv (2) member• of th• Board ahall be elected by direct
aecret ballot bJ all full-time permanent clae•if ied .. ploy••• ~f
the City for tena• of four (4) yeara •
c. One (1) member of the Board .shall be selected by the
four (4) ... ber• previou•l)' appointed by· the Council and/or
elected by tbe full-time permanent classified employees.' Said
member shall be selected by a majority vote of the ~aid four (4)
members and shall serve for .a term of four (4) years from the
date of selection. This fifth member shall be the designated
Chairperson of the Board. With the selection of the fifth mem-
ber, the Board shall be duly constituted and each member shall .
serve durin1 hi• or her respective terms of office or until his
or ~er resicnation, removal or recall as hereinafter provided.
d. Whenever possible, the terms o·f the office o·f tbe members
shall be sta11ered •
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(e) Members of the Board shall hold no other appointive
.• or elective mwiicipal office during their tenure as Board memb e rs.
Cf ) No employee of the City shall be a member of or an
ex offi cio member of the Board.
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council shall enact appropriate Ordinances providing for
the foregoing · and fw:ther providing for the removal of any Boax·d
member for eontinued neglect of duties or m·~ifeaaance ·in offico
and shall further provid& the necessary procedure• for nomination,
election, and recall of those Board members 'elected by the full-
'th• proviaions of any such
ordinance llball be administered by the city Slection commiaaion
•• eatabliahed in thi• Charter.
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Sl31i4 Duti•• and Power• of the· Career Service Board
The BoArd shall have the following duties and powers:
('a) ~ heu merit appeals of any full.-time permanent
classified employee concerning the proper application ~ of the
Administrative Proqedures adopted pursuant to 5138:2 of the
Charter governing Merit principl.es with ~esp~ct to: . .
(i) Selction and advancement on the basis of the eillployee's
relative abili·ty, knowledge and skills; and
(ii) Tb• eatablishment and ma1ntanance of a classification
plaa baaed on job analysis.
However, the Board shall hav.e no authority or responsibility .
to hear ox detel:aine if a person were denied appoint:JDeDt or if a
full-time pe~ent classified ~ployee.were .denied promotion for
• reasons of alleged discrimination based upon race, religioi\,
age, aex, handicap or national origin •.
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(b) To grant exclusive recognition to an employee orga.ni-
ation to represent full-time classified employees of an appro-
priate bargaining unit for purposes of collective bargaining.
(c) Pursuant to Section 137:6 of this Article, to conduct
hearings and issue ·findin9s ox fact and recommendations for
resolution of ~datory subjec·ts o.f bargaining upon which the
parties are at impasse.
. (d)~ .. To ·act . as . the final authority with reapect to approv i ng
·:·· -appropri•t• employee bargaining units.
(•) . To aupervi•• election• for .. iection or retention of
certified employee organisation• and t:o certify the reaulta of
such elections.
(f) To hear and. decide contested mat~~a .involvin9 petitions .
for selection o~ retention of a certified employee or9ani~ation
and petiti9ns for clar~fication or ... ndment of an existing
appropriate bargaining unit. -~
(g) To hear and determine whether any proposal or demand
i• a mandatory aubject for bargaining within th• meaning of
Sl37.5(a) of this Charter.
(h) To hear disciplinary appeals for any full-time perma-
nent classified employee with respect only to whether that employ-
ee' a suspension, demotion, or discharge was for cause which
relates to the performance of duties, personal conduct, or any ..
other factor det+i:nental to the City.and/or ·any other just and
reasonable caua•~
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(i). To hear'and determine grievance appeals for any full-. .
time c lassified employee whose position falls ~ithin an· appro -
priate bargaining unit for any matter not directly re1ated to .
c .lassification and/or testing, or au•pens:Lon, demotion or
discharge, and .wllich is an alleged violation of the applicable
collective bargaining agreement.
(jl To appoint a hearing officer (with demonstrable
ability in labor and employee relations) to make findings and
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recomm ea ndat1ons to the ~oard for it. final approval with .i;espec t
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to the ~ollowing:. di•oipl~nary appe~l•, grievance appeal•, and
any hearing or pr•~•l•ction 'conferenc• aamay be di~·~ted by
Ordinance with respect to petitions for selection or retention
.• of a certified employee organisation or a petition for clarifica-
tion or amendment of an existing appropriate bargaining unit.
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(k) To take such actions as the Board deems neceaaarl( to
effectuate the policies of thi• Chuter amendawnt and any Ordi-
nances adopted pursuant ber~to.
(1) Th• Board i• authorised, following notice and hearing,
to adopt reasonable ru~es and procedures not. inconsistent with
the provisions of this or any other Charter or Ordinance provi-
sions which are necessary in the performance of its duties.
council shall enact appropriate. Ordinances governing the
standards and procedures with reapact to any of th• foregoing
duties and powers of the Board. Council may alao enact appro-
pri ate ordinance• to provide special aaeietance to th• Board
as may be necessary or desirable.
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Section 138:5 · EFPBCTIVE DATE~ VBSTBD IUGHTS · .
. (a) ~e provisions of this Charter amendment •hall become
effective within twenty (20) days after their approval by the . .
.qualified elector• of the City An".1 the filing ·of . oerti;fied
copies : .o~ aaid amendments with the Secretary . of State of the State ..
of Colorado,&11d with the Director of Finance, ex-officio City
Clerk-Treaaurer of the City of Englewood, Colorado.
(b) ~ho pxoviaions of tht• amenda_ent aha~l not be construed
to de~troy any property right, contract right, or right of action
ot any nature or· kin4, civil or cri•inal, veated in or against
. .
the aunicipality under and by virtue of any proviaion ·of law
' : ... ".•reto~ore exiating or _ otherwiae accruin9 to the aunicipality1
but all auch right• ahall vest in and inure to the municipality . .
or to any per80A or peraona aaaerting any auch claiaa against .
th• aunicipa.lity •• fully and aa completely •• though the within
Charter amendment had not been adopted. Such adoption shall never
be construed to affect any such right · existing between the
municipality and any other person or persons.
Section 2. The voting machines and paper ballots for said election
shall carry the following designation which shall be the submission
clause:
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FOR AMENDMENT NO. 1 AGAINST
Shall the Home Rule Charter of the City of Enqlewood,
Colorado, Article xv, be repealed and readopted to provide
the following amendment:
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ENGLEWOOD LABOR RELATIONS AND
CAREER SERVICE SYSTEM -1901
AMBNDMENT -To Article XV of the Charter of the City
of En9lew00d concerni~g the Career Service System and
collective bargaini~g rights for certain City employees;
prohibiting City employees and enployee organizations
from enqaqinq in any strike1 providing a Career Service
Board to administer and/or hear and determine certain
Career Service system and Labor Relations matters and
di•put••1 providing certain Career Service System and
Labor Relations definitions1 providi~q the right of
certain City employees to bargain collectively through
certified eJIPloyee organizations of their own choosing
concerning wages, houra, vacations, holidaya, and certain
other ter11a and conditions of employment and excluding
certain subjects from collective bargaining; providing
a method for resolving impasses in such bargaining,
includint aubndaaion for fact findin9 to the Career
Service 9oard and aubaiaaion to the qualified elector•
of the City for vote on certain unresolved isaua•1
providing certain factors and procedure• for determin-
in9 appropriate \1Dit• for the purpo•• of collective
bargaining1 providing a Career Service Syatem applicable
to certain City employees and embodying certain .. rit
principle•.
Section 3. A apecial election ia called to consider the fore-
going a .. ndmant to the Charter of the City of Englewood, along
with other proposed Charter amendmenta,for the 24th day of March,
1981 . It is expressly understood that only one special election
ia called to conaider multiple questions.
Section 4. The proper officials of the City of Englewood shall
give notice of said general municipal election, which notice
shall be published in the manner and for the length of time re-
quired by law, and the ballots cast at such election shall be
canvassed and the result ascertained, determined, and certified
as required by law.
Introduced, read in full and passed on first reading on the
5th day of January, 1981. ...
Publiahed as a Bill for an Ordinance on the 7th day of
January, 1981.
Read in full and passed as amended on the 26th day of
January, 1981 aa a Bill for an Ordinance.
Published in ·full as amended as a Bill for an Ordinance on
the 28th day of January, 1981.
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Read in full and passed as amended on the 2nd day of
February, 1981 as a Bill for an Ordinance.
Published in full as amended as a Bill for an Ordinance
on the 4th day of February, 1981.
Read by title and passed on final reading on the 17th
day of February, 1981.
Published by title as Ordinance No.~O\, Series of 1981,
on the 18th day of February, 1981 •
. 4c£~ ' ayor
Attest:
• e~i$7ca fi'~urer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No~ ,
Series of 1981.
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