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HomeMy WebLinkAbout1961 Ordinance No. 001Introduced as a Bill by Co u ncilman Brownewell BY AUTHORITY ORDINANCE NO. 1, SERIES OF 1961 AN ORDINANCE CREATING A CAREER SERVICE SYSTEM FOR FULL TIME REGULAR EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO, BASED ON MERIT PRINCIPLES GOVERNING THE APPOINTMENT, PROMOT I ON, TRA NSFER , LAYO FF, RESIGNATION, REMOVAL AND DISCIPLINE OF ITS EMPLOYEES AND OTHER P RO:EDURES PERT INENT TO SAID CAREER SERVICE; REPEALING ORDINANCE NO . 32, SERIES OF 1959, AND AMENDING ORDINANCE NO. 13, SERIES OF 1959, BOTH OF SAID ORDINANCES PROVIDING FOR THE CREATION AND IMPLE- MENTATION OF THE CAREER SERVICE SYSTEM OF THE ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. SYSTEM CREATE D. There is hereby created the Englewood Career Service System for all full time regular employees of the C i ty of Englewood, Colorado, as provided by Article XV of the Charter of the City of Englewood, Colorado. Section 2. EXCLU DED POS I T I ONS . Excluded from the Career Service System shall be all electi v e officers, appoint ees of Council and heads of depart-. ments. There 1 1~y also be excluded one (1) confidential secretary in the Office of the City Manager and one (1) in the office of each Department, Board or Commission at the discretion of the City Manager, head of the department, Board or Commissi on, res pecti vely. Section 3. RESPONS I B ILITY. T he Board of Career Service Commissioners also herein referred to as the Boa rd, shall be responsible for the operation of the Career Service System as p rovided for in the City Charter or by ordinance. Such employees as are reasonably ne c essary to administer the functions of the Career Service System shall be p rovided u p on the recommendation of the Board. Section 4. RULES AN D REGULATIONS. The Board shall submit by the affirma- tive vote of two (2) Commissioners rules and regulations to implement the Career Service System as established by this ordinance. Such rules and re- gulations shall not be effective unti l enacted by the City Council. Section 5. EMPLOYMENT STANDARDS. The eligibility of applicants for origi- nal employment shall be deter mined by open, free and competitive examinations as to fitness for employment commensurate with the classification of the osition. Eligibil ity lists for each class as hereinafter defined shall be set up in the order of final scores, including Veteran's preference credits as provided by Arti cle 1 2 of the Constitution of the State of Colorado made by the applicants, but in no event shall a Veteran's prefer- ence be credited to the score o f an applicant who fails in an examination without such credit. · Section 6. PROBATIONARY APPO INTMENT. Whenever a vacant position is to be filled, the top three names on the proper eligibility list shall be sub- mitted to the appointing authority for the selection of one applicant to serve a probationary pe riod of at least six months. At any time during the probationary period, the employee may be dismissed or returned to his ormer status by the apµointing authority with the approval of the Board. After satisfactory completion of the probationary period, the employee shall be given permane nt status. Pending the establishment of an applicable eligibility list,temporary appointments may be made by the appoint:'amthority ith the approval of the Board. Section 7. PROMOTIONS . Competitive examinations for positions above the entrance level shall be open to other City employees, if available, and the final score of each applicant shall include appropriate considerations of the applicant's q u alificat ions, record of performance and seniority with this City and shall include the Colorado Consititutional Veteran's prefer- ence credit. The reclassif ication of a position occupied by a permanent employee shall not be c onsidered as a promotion. Section 8. STATUS OF PRESENT EMPLOYEES. Each full time regular employee of the City who had on December 19, 1959, at least one year's satisfactory employment, except those excluded by this ordinance, shall be considered as having permanent stat us without further examination. Each full time regu- lar employee with less than one year's service on December 19, 1959, shall be considered as having pass ed an examination for his position and has having had probationary status until the completion of one year of service at which time, upon certificat ion by the appointing authority that h~ performance is satisfactory , he shall be granted permanent status. Section 9. TENURE. The tenure of every employee after gaining permanent status shall be conditioned on good behavior and the satisfactory performance of his duties. A signed notice of resignation or retirement may be with- drawn by the signer at any time within three days following the effective date indicated in the notice. An employee may be temporarily separated from em p loyment by layoff or leav e of a bsence or supension, or he may be de moted to a lower classificat ion , or he may be permanently separated by dis- issal, any or all upon directive of the appointing authority and with condi- tiocs as hereinafter provided for in this ordinance. I I' I Section 10. LAYOFF . Wh enever there is lack of work or lack of funds re- quiring reductions in the number o f em p loyees, the appointing authority shall designate the organization unit and classes in which the layoff is to be made. Upon such determination the required number of employees in the affected unit and class shall be pl aced on a re-employment list or transferred by the appo i nting a uthority, each in the order of his relative length and quality of service as shown by the personnel records, with the aporoval of the Board . Section 11. RE-EMPLOYMENT . (a) Any perma nent em ployee in a classified p osi tion and while in good standing and u p on recommendation of the appointing authority and appro v al by the Board may for specific purposes be granted a leave of abse n ce without p ay for a period not to exceed two (2) years. Immediately after such grant, he shall be placed on a re-employment l ist for his classification. (b) For a per iod of not to exceed two years after accepting an appointme nt from a classified position to an unclassified position in the City service, an employee shall be placed ;::-) S> \) ~ ~ ~ and conti nued on the re -emp loyment list for his classification. (c) Whenever a vacancy within any classification shall occur, the position shall be offered first to any p erson who is on the re -cmµloyment list fo r such classification by virtue of paragraph (b) in this section and if not accepted by him, \. the positi on shall be offered to any other persons on the re-employme n t list for such classification in the order of their pla cement on the list . Section 12. DISCIPLINARY ACT ION AND APPEA L PROCEDURE. (a) Any emplo yee having perma nent status may be dismissed, de- moted or suspended b y the appointing authority upon filing with the Board an d s ervin g p ersona l ly or by certified mail addressed to his last known record address upon the employee a written stat e me nt of the cause for such action, which cause shall relate to the p erformance of duties, p ersonal conduct or any facto rs detrimental to the City. (b) Within three (3 ) workin g days after receipt of aforesaid statement, the Board shall notify the employee, by certified mail, of his right to file a written reply with the Board. (c) If the employee fa i ls to file with the Board such a written reply within f ive (5) working days after mailing of the Board's notice of his right to do so, the action of the appointing authority shall be final and in the case of dismissal, the Board shall declare the position vacant. (d) If the employee files such written reply with the Board within said time limit, the Board shall set a hearing to be held within thirty (3 0) d~ys of the filing of such reply. At .said hearin g the employee shall be entitled to representation of hi s own choosing at his own ex p ense. (e) The Board , in the conduct of a hearing, may require any employee of the City to testify and may require any City officer to present perti nent records of his office. (f) Within fi v e (5) working days of the conclusion of said hearing, the Boar d shall ma ke its findings a matter of record affirm in g , modifying or reversing the action of the appointing authority. The appointing authority shall immediately execute the findi ngs of the Board. Section 13. JOB CLASSIF IC AT ION PLAN . Each position under the Career Service System shall be assigned by the Board to a job class on the basis of the kind and level of its duties and responsibilities to the end that all posit ions in the same class shall be sufficiently alike to permit use of the same descriptive title , the same qualifications requirements, the same test of competence a nd the same pay grade. A job class may contain one position, or n~re than one position. The initial classif ic ation plan shall be revised from time to time as changing conditions require u pon recommendation of the appointing authority and with the a pproval of the Board. Such revisions may consist of the addition , abolis h ment, consolidation, division or amendment of existing classes. Section 14 . PAY PLAN. The Board shall annually before May 1st recommend for ap p roval by Council in whole, or i n p art, a pay plan of sufficient grades and ranges so as to reflect fai rly the differences in the duties, responsibilities and qualification requirements between classes. All classes in the classificat ion plan shall be assigned to proper grades in the pay plan with due regard to departmental organization. The plan recommended by the Board to Co unci l shall include a formula for pay increases within ranges of the pay plan on the basis of length and quality of service . 329 Section 15. RETIREMENT PLAN. The Board shall submit a retirement plan or plans for consideration by Council. If, and when adopted by Council, the Board, as directed by Council, sha ll set up rules and regulations covering the administration of the pla n or plans. Section 16. NON-DISCRIM INAT ION. Employees in the classified service shall be selected without regard to race, creed, color or political affiliation. Section 17. COMPENSAT ION. The Career Service Commissioners shall receive such compensation and/or reimbursement for expenses as may be determined from time to time by the Co uoc il. Section 18. LEGALITY. I f any section, subsection, paragraph, sentence, clause, or phrase of ' this ordinance is for any reason held or decided to be unconstitutional or in any way illegal, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it wou ld have passed this ordinance and each section, subsection, sentence, clause , a nd phrase thereof, irrespective of the fact that any one or more sectio n s , subsections, sentences, clauses or phrases might be declared unconstitutional or in any way illegal. Section .19 . Ordinance No . l.3, Series of 1959, is hereby amended by strik- ing from the title tbe words "Creating the .Engl.ewood Career Service System " and substituting therefor the words ''Providing for the Creation 0£ the Englewood Career Service System by Ordinance: and amending Section 2 and 3 of said ordinance to read as fol.lows: "Section 2. The original Board of Career Service Commissioners of the City of Englewood, Colorado, shall submit to the City Council a draft of a Career Service System embodying the princi- pl es set forth in Section 138 of Article XV of the Charter of the City of Englewood , Colorado. "Section 3. The Englewood Career Service System shall be created by passage of an ordinance creating said system and the Board of Career Service Commissioners shall impl ement the system with appropriate rules and regulations as authorized by said ordinance and from time to time by subsequent ordinances; p ro- vided, that no rules and regulations shall be effective until en- acted by ordinance." Section 20. Ordinance No . 32 , Series of 1959 , of the ordinances of the City of Englewood, Colorado, is hereby repealed. Passed on First Reading by the City Council of the City of Englewood, Colorado this 19th day of December , A.D . 1960, and ordered p ublished in full in the Englewood Herald and Enterprise. Passed on Final Reading by the C l t y Council of the City of Englewood, Colorado this 3rd day of Januar y, A.D. 1961, and ordered published in full in the Englewood Herald and Enterprise . ATTEST: City Clerk I, B. 0. Beausang, City Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the above and foregoing ordinance was int roduced, read, passed a nd o rdered published as a bill in lhe Englewood Herald and Enter p rise at a regular meeting of the C J ty Council held on the 19th day of December, A .D. 1960, and that at least 7 days after above publication as a bil l the abov e ordinance was approved, adopted and ordered published in said legal news pap er by the City Council at a regular meeting held on the 3rd day of J anuary, A.D. 1 961, as Ordinance No. 1, Series of 1961, of said City. ATTEST : City Clerk-Treasurer I I I