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HomeMy WebLinkAbout1961 Ordinance No. 002Introduced as a Bill by Councilman Woods BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1961 AN ORDINANCE IMPLEMENTING THE CAREER SERVICE SYSTEM OF THE CITY OF ENGLEWOOD, COLOl.ADO, WITH APPROPRIATE RULES AND REGULATIONS, PURSUANT TO THE PROVISIONS OF ARTICLE XV OF THE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: ARTICLE I Definitions Section 1 -Types of Appointments a . Certified An appointment to a classified position from a list of eligibles com- piled from the results of an examination. b. Temporary An appointment to a position for a period not to exceed six (6) months. Section 2 -Types of Employee Status a. Probationary \ 1. ~ (/\ ') An employee who has been appointed to a position from a list of eligibles compiled from the results of an examination and is serving a performance period of at least six (6) months, or one who was in service prior to January 1, 1960, and is serving a performance period of at least one (1) year following date of appointment. ~J ' ~ ~\ ~~ ~\ 2. An employee who has been promoted and is serving a performance period of at least six (6) months in his new position. 3 . The performance period may be extended by the Board upm written request from the appointing authority stating the reasons for such request. b. Permanent An employee who has served in a position during a probationary period following original appointment, and such service has been declared as satisfactory by the appointing authority. c. Exempt An employee serving in a position not part of the classified service as specified in Section 2 of Ordinance No. 1, Series of 1961. Section 3 . -Types of Positions a. Regular A permanent position established and carried in the official staff- ing pattern of a department. b. Temporary A position established to take care of a peak load or emergency situation lasting for not more than six (6) months. c. Seasonal A recurring position established to meet seasonal peak loads and carried on the staffing pattern as such. d. Exempt A position which is not a part of the classified career· service as specified in Section 2 of Ordinance No. 1, Series of 1961. e. Part Time A position established on a less than full time basis determined by the needs of the department. Section 4 -Types of Class Phases a. Class A class shall comprise one or more positions which are so nearly 3 6J -i il'l alike in the essential character of their duties and responsibilities that the same pay scale, title, and qualification requirements can be applied and they can fairly and equitably be treated alike under like conditions for all other personnel purposes. The same qualifi- cation requirements shall be applied to all positions in a class re- gardless of the department in which the position is located. b. Class Title The title of a class shall be the official title of every position allocated to that class for personnel purposes. c. Class Specification The class specification shall state the characteristic duties, res- ponsibilities and qualification requirements which distinguish a given class from other classes. The specification shall be descrip- tive, but not restrictive, that is, the class specification shall describe the more typical types of work which may be allocated to a given class, but shall not be construed to restrict the assignment of other duties related to the class. Section 5 -Types of Changes in Employee Assignments a. Promotion The reassignment of an employee from a position in one class to a position in another class having a higher salary range. Any per- manent employee upon being promoted to a position in the Career Service Systea :8ball have probationary status in the position to which he was promoted but shall retain permanent status in his pre- vious classification. b. Demotion The reassignment of an employee from a position in one class to a position in another class having a lower salary range. c. Transfer Lateral movement of an employee from a position in a .. elaaa,,to .. aaa other position in the same class. A request for transfer must be submitted on the prescribed Personnel Action form for considera- tion by the Career Service Board and must be initiated by the department head requesting the transfer and be approved by the other department head affected. Section 6 -Other Definitions a. Allocation The placing of an individual position in an appropriate class on the basis of the duties and responsibilities actually assigned and performed or proposed to be performed as in the case of a new position. b. Anniversary Increase or Salary Increment A periodic change in salary of an employee from one step to another within the same salary grade or range in accordance with these rules. c. Appointing Authority The City Manager as vested by Section 52 under Article VII of the City Charter. d. The Board The Board of Career Service Commissioners also sometiaes referred to as the Career Service Board. ARTICLE II Commission Employees Section 1 -Personnel Director a. Authority The Personnel Director shall be subject to the authority of the Career Service Board in accordance with Section 3 of Ordinance No. 1, Series of 1961. b. Powers and Duties The powers and duties of the Personnel Director shall be: I I I (1) To prepare personnel rules and revisions thereof for the con- sideration of the Career Service Board. (2) To interpret and enforce the personnel rules as adopted. (3) To prepare and hold examinations, pass upon qualifications of applicants, establish eligibility lists and certify eligible applicants to the appointing authority to fill vacancies. (4) To prepare for the approval of the Career Service Board a position-classification plan with specifications, and revi- sions thereof when necessary; to perform position audits and allocate or reallocate all positions to classes within the classification plan. (5) To prepare annually for the consideration of the Career Service Board a pay plan consisting of rates of pay for the classes of employment, conduct wage studies and recommend such changes in the pay plan as may be necessary. (6) To establish and maintain a file of all career service employees. (7) To establish and maintain such records, forms and procedures as necessary to facilitate personnel transactions. (8) To cooperate with and assist the appointing authority, depart- ment heads and others in developing and establishing programs for improvement of employee performance, including training, safety, health, conseling and welfare. (9) To consider all suggestions from the appointing authority, the public, and employees or their representatives pertaining to any phase of the personnel program. (10) To provide a system of certifying payrolls to insure that pay- ment is made only to employees holding positions in accordance w4tb Home Rule Charter, ordinances, and the personnel rules. (11) To perform such other duties as may be necessary to implement the personnel program. Section 2 -Clerical Assistant a. To perform general office work. Section 3 -Recording Secretary a. A Recording Secretary as provided for in Section 53 under Article VIII of the Home Rule Charter, to record proceedings of the Board when in session. ARTICLE III Classification Section 1 -Purposes The purposes of classification shall be: a. To provide like pay for like work ; b. To establish qualification standards for recruiting and test- ing purposes; c. To provide the appointing authority with a means of analyzing work distribution, areas of responsibility, lines of authority and other relationships between positions; d. To assist the appointing authority in determining budget re- quirements; e. To provide a basis for developing standards of work performance; f. To establish ·lines of promotiol'J: g. To indicate training needs ; h. To provide uniform titles for positions. Section 2 -Classification Plan The classification plan shall be comprised of a schematic list of classes supported by written specifications setting forth the duties and respon- sibilities of each class and the qualifications necessary for appointment to a position of that class. 333 ARTICLE IV Recruitment Section l -Provisions for Recr u itment No position shall be deemed vacant until a sufficient notice of resignation or other personnel action has been given to the Board. b. No position in the Career Service System which has been declared vacant shall be filled permanently without the approval of the Board. c. Whenever a position is to be filled in the Career Service System, the appointing authority shall request a list of eligibles to fill the vacancy. The Board shall then provide a list of eligibles in accordance with the provisions of Ord inance No. 1, Series of 1961. d. No person filling a position in the Career Service System shall receive a salary therefor without having been approved in that position by the Career Service Board. Section 2 -Examinations Examinations shall be competitive and shall be designed to determine . the fitness and ability of applicants to perform the duties and res-· ponsibilities of a given class of positions. Examination Announcements a. Form The announcement shall contain the following information: (1) The title and pay range of the class, and the required hours of work per week; (2) A brief atatement of the ~uties and responsibilities of positions in the class; (3) The length of the probationary period; (4) A statement of the minimum qualifications contained in the class specification; (5) The opening and closing date of the application period, or a statement that applications will be received until further notice; (6) The time, place and manner of making application for admission to the examination; (7) A statement concerning the various phases of the examination, their relative weights in scoring and the passing score. b. Publication The official notice of examinations shall be posted in the Office of the Career Service Board and in other prominent places readily accessible during working hours to employees of the City. Official announcements may be forwarded to agencies, organizations, news- papers, radio stations and such other 11edia of public inormation as may be appropriate in order to bring the notice of examination to the attention of persons who may be interested and qualified. Section 3 -Veteran's Preference a. Eligibility (1) Following every examination held by the Career Service Board, five (5) points shall be added to the grades of candidates receiving passing scores who served on active duty in Armed Forces of the United States in time of war and who were honor- ably discharged therefrom. (2) Widows of those veterans who so served and were honorably dis- charged shall also have five (5) points added to passing scores, provided they have not remarried. (3) Veterans who incurred compensible disability in the line of duty while so serving and were so discharged shall have ten (10) points added to passing grades. b. Periods of Service The times of war for which points are added include: The periods of the Spanish-American War; the period of the Philippine Insur- rection ; the period from April 6, 1917, to November 11, 1918, both dates inclusive; the period from December 7, 1941, to December 31, I I I .. 1946, both dates inclusive; and the period from June 27, 1950, to January 31, 1955, both dates inclusive; and the period of any war in which the United States may hereafter engage. The Armed Forces above referred to are the United States Army, the United States Navy, the United States Air Force, and the United States Marine Corps ; and shall include those who served in the time of war in the United States Coast Guard since December 7, 1941. Sec ti on 4 -Notification of Examination Results a. Notice As soon as an eligibility list is established, each successful candidate shall be given written notice of his total rating and, except on continuous examination, of bis rank. Bach unsuccessful candidate shall be notified of the part or parts of the examina- tion on which be was disqualified. b. Review and Appeal c. For a period of ten (10) calendar days after receipt of notice of his examination rating, any candidate may request information on bis test scores. Inspection of the examination paper of an appli- cant shall be limited to that applicant or bis authorized repre- sentative. If the applicant believes that any part of his examina- tion bas not been rated in accordance with the uniform procedure required by these rules, he may appeal bis rating, by written re- quest to the Board within the same ten (10) day period. The Board shall examine bis test papers and the scoring procedure and within ten (10) days thereafter rule on bis appeal. Such ruling by the Board shall be final and shall be entered in its minutes. Errors If an error in scoring an examination is found subsequent to establishment of an eligibility list, it shall be corrected sub- ject to approval of the Board, but shall have no effect on any appointment or certification made prior to its discovery. Section 5 -Disqualification of Applicant a. The Board may refuse to examine an applicant, or after examination, may disqualify such applicant or remove his name from the eligi- bility list if: (1) He is found to lack any of the preliminary requirements established for the examination for the class; (2) He is so disabled as to be rendered unfit for the performance of the duties of the class; (3) He has made a false statement of material fact in his application; (4) He has, within the past two (2) 1ears, been dismissed from a position in the classified service after a hearing on charges of delinquency, misconduct, inefficiency or other similar cause, or has resigned from a position while under suspension or while charges were pending against him; (5) He is known to have a record of habitual criminality or moral turpitude; (6) He is addicted to the use of narcotics or the habitual use of intoxicating liquors to excess; (7) He has used or attenpted to use political pressure or bribery to secure an advantage in the examination or appointment; (8) He bas directly or indirectly obtained information regarding examinations to which as applicant, he is not entitled; (9) He has taken part in thecnmpilation, administration, or cor- rection of the examination; (10) He has failed to submit his application within the prescribed time limits; (11) He is a member of an organization declared subversive by the Attorney General of the United States. ARTICLE V Hours of Work, Overtiae Section 1 -Hours of Work, Monthly Employees All departments, functions or activities shall observe office and working . hours necessary for the efficient transaction of their reapective services. Such have been determined for monthly employees as follows: a. Police Department Police employees shall work at least forty-eight (48) hours per week. The work week consists of six (6) eight-hour shifts. b. Fire Department Fire employees shall work an average of eight-one and one-fourth (8lt) hours per week, plus training as required. The work week consists of alternate twenty-four (24) hour shifts. Every month each fireman receives an extra day off to bring the average of scheduled hours to eighty-one and one-fourth (81!) per week. c. Utilities Plants Operators at the water filter plant and sewage treatment plant shall work an average of fortr-four (44) hours per week. The work week consists of six (6) eight-hour shifts one week and five (5) eight-hour shifts the following week for an avwrage of forty-four (44) hours per week. d. Maintenance :rews All street, water, sewer and signal maintenance employees shall work at least forty-two and one-half (42i) hours per week. The work week consists of five (5) eight and one-half hour shifts. All City Hall maintenance employees shall work the number of hours necessary to efficiently accomplish the variable needs and requirements during each day, week or month. e. Administrative, Engineering, Library, Clerical and Fiscal Employees All employees under this paragraph shall work at least forty (40) hours per week. The work week consists of five (5) eight-hour shifts. Section 2 -Hours of Work, Hourly Employees a. All Trash Disposal and Park Maintenance employees and all other employees on an hourly wage rate shall work the number of hours assigned for their respective duties during each day, week, month or season. Section 3 -Overtime Work Duty performed over and above the normal work week total or on holidays shall be considered overtime work for monthly employees below the Department Head or Deputy or Assistant Department Head level. Such work may be compensated either by comparable time off during normal working hours or by additional straight pay on approval of the appoint- ing authority beforehand. ARTICLE VI Leave and Holidays Section l -Annual Leave (Vacation Leave) a. Accumulation All employees in the Classified Creer Service shall be entitled to eighteen (18) calendar days of annual leave each year. Annual leave shall accumulate monthly at the rate of one and one-half (li) calendar days per each month of active service. In order to qualify for annual leave credit during a month, the employee must have received pay for at least half of the working days of that month. Annual leave shall not be granted to any employee until he bas been in the City of Englewood employ for at least six (6) conse- cutive months. Such leave shall be cumulative to a maximum accu- mulation of thirty-six (36) calendar days. b. Use The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the appointing authority. (1) Annual leave shall be allowed only to the total amount accumulated at the beginning of the leave as verified by the Personnel Office. c. How Charged Annual leave shall be charged from the last day worked to the date of return to work on a calendar day basis excluding holidays. I I ;I d. On Separation After completion of six (6) months of full-time service, on separa- tion, all annual leave balance shall be payable as a lump sum on a calendar day basis. e. Non-forfeiture An employee dismissed for cause or who resigns while under sus- pension may forfeit all earned leave when such action is recom- mended by the appointing authority and approved by the Board. Employees shall not lose annual leave because of transfer or reassignment. Section 2 -Sick Leave a. Accumulation All employees in the Classified Career Service shall be entitled to twelve (12) days of sick leave each year. Sick leave shall accumulate at the rate of one (1) day of sick leave for each month of active service, with a total maximum accumulation of sixty (60) days . Sick leave cannot be converted to annual vacation leave. In order to qualify for sick leave credit during a month, the employee must have received pay for at least half of the working days of that month. b. Use Authorization for sick leave shall be granted only for the follow- ing reasons: (l) Personal illness or injury not service connected; (2) Loss of first seven (7) days of work time due to service connected injury; (3) Medical appointments for the employee; (4) Sick leave shall be allowed only to the total amount accumulated at the beginning of the leave as verified by the Personnel Office; (5) It shall be the responsibility of the department head to determine the validity of eligibility for sick leave. His signature on the "Payroll Time Sheet" noting sick leave entitlement shall indicate such determination. c. How ~barged Sick leave shall be charged on a scheduled working day basis ex- cluding holidays. For three (3) consecutive days of absence or more, it will be necessary to obtain a physician's statement verifying the illness and inability to work. If no such state- ment is available, the employee shall be charged for annual vaca- tion leave. If sufficient annual leave is not available, the employee shall be charged leave without pay. d. Unused Balance All sick leave shall expire on the date of separation from service and no employee shall be reimbursed for unused sick leave balance. e. Non-forfeiture Employees shall not lose earned sick leave because of transfer or reassignment. f. WorllMn.'·s Compensation Cases In case of absence due to illness or injury for which Workmen's Compensation benefits are received, sick leave may be utilized to the extent of the difference between such benefits and the employee's regular salary. Section 3 -Maternity Leave a. All aecumulated annual leave must be used before maternity leave without pay is granted. b. The total of annual leave plus maternity leave without pay shall not exceed six (6) months. 337 Section 4 -No Loss of Leave Credits No employee in the Classified Service shall be deprived of any annual leave or sick leave accumulated to bis credit on the effective date of this ordinance, but use of such leave credits shall thereafter be in accordance with the provisions of this ordinance. Section 5 -Military Leave Any permanent or probationary employee, who enlists or is inducted into the military, naval, air or other Armed Forces of the Unite~ States Government in time of war shall be entitled to leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. An employee who is a member of the National Guard, Army, Navy, Marine or Air Force Reaerve may be granted leave not to exceed ninety (90) days to attend ailitary training camp. Of this amount of time, the first fifteen (15) calendar days shall be granted with pay and shall not be counted as any part of the employee's annual leave. Section 6 -Funeral Leave Tbe appointing authority may grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) working days. The members of the family included shall be: wife, husband, children, parents, brothers and sisters, parents-in-law, brothers-in-law and sisters-in- law. Section 7 -Jury duty and Witness Service Leave may be granted to an employee for serving on jury duty or as a tness in bis official capacity in obeyance to a subpoena or direc- tion by legal authority. He sha11 be entitled to thA diffA,Aft~A DQ- tween his regular compensation and the fees received for jury duty, or as a witness. When he is subpoenaed as a witness in private litiga- tion to testify, not in his official capacity, but as an individual the time absent by reason thereof shall be taken as annual leave or leave without pay. Section 8 -Holidays a. The following days shall be considered official holidays of the City of Englewood: (1) New Year's Day ..........•...•...•..........•. January 1 (2) Lincoln's Birthday .....•.•...•.••..........•• February 12 (3) Washington's Birthday ......•......•....•...•. February 22 (4) Memorial Day ................................. May 30 (5) Independence Day ...................•....•.... July 4 (6) Labor Day ..................•................. 1st Monday in September (7) Columbus Day ................................. C>ctober 12 (8) Veteran's Day ......•......•......•.•••....... November 11 (9) Thanksgiving Day ..........•......•.....•..... 4th Thursday in November (10) Christmas Day ........•...........•.•..••..... December 25 b. Any employee in the Classified Service who does not perform duty schedules on the working days immediately to and following a holiday shall not receive pay for the holiday unless such employee was absolutely unable to perform normal duty for reasons of ill- ness, authorized leave, or other reasons determined by the appoint- ing authority to be sufficient. c. When the holiday falls on a Sunday, the following Monday shall be observed as the legal holiday. d. During all holidays, City of fices and functions shall be closed with the exception of those departments or divisions whose .operation is necessary to the public health and safety. Section 9 -Other Fringe Benefits a. Group Hospital and Surgical Plan The City participates in the Blue Cross and Blue Shield programs. A ftxed portion of the monthly premium ·is paid by the City regard- less of the type of coverage desired (i.e. Single or Family Coverage). I I •• b. Group Insurance Group Life and Accidental Death Insurance is also available to the employee after thirty (30) days of satisfactory service. Approximately one-half <!> of the monthly premium is paid by the City. c. Retirement Plan City employees not in the Police or Fire Departments must par- ticipate in the Social Security Retirement program. The Fire Department and the Police Department participate in programs other than the Federal Social Security program. ARTICLE VII Compensation Section 1 -Amendments to Pay Plan a. Recommendations by Personnel Director (1) The Personnel Director shall initiate salary studi~~ in order to provide salary data and information upon which to base recommendations to the Board for amendments to the pay plan. (2) A final recommended pay plan shall be determined by the Board and submitted to City Council by May lst of each year. Section 2 -Administration of Pay Plan a. Rate of Pay Each employee in the Classified Service shall be paid at one of the rates set forth in the pay plan for the class in which he is employed. b. Entrance Salary The minimum rate of pay for a class shall be paid to an employee who is starting his employment with the City of Englewood. However, if the appointing authority feels that it is in the best interests of the City of Englewood to employ above the minimum rate, he may submit a request in writing to the Board. Justification must relate (1) to special qualifications and experience, or (2) to the non-availability of qualified eligibles at the minimum rate. In case (2) authorization for hiring above the minimum rate shall apply to all positions in that class, and all present employees in that class shall be raised to the new minimum rate. c. Positions Coming into Classified Service When a regular full-time position not under the Classified Service is brought into the Classified Service, the rate of pay of the incumbent may be set by the Board at the step closest to his current rate in the grade established for the class. In such cases, there will be no reduction in pay. d. Salary Increases (1) Anniversary Increases (a) Anniversary salary increases are not automatic. The appointing authority shalT"liuDiirt requests for anniversary salary increases only for those employees who have demonstrated satisfactory work performance. (b) A request for salary increment for an employee in the Career Service System must include a state- ment on the Personnel Action form concerning the quality of service of the employee before the request will be considered by the Board. {c) On the anniversary date, if an employee is denied a salary increment, the reason for this denial shall be stated on the Personnel Action form by the appointing authority. (2) Anniversary Dates (a) General The date upon which an employee is eligible to receive an anniversary increase is known as the anniversary date. 339 (1-1) The anniversary date shall be the first day of the month following successful completion of the probationary period. (2-2) If be bas already received an anniversary increase, the anniversary date will be the first day of the month nearest the date of his last anniversary increase. (3-3) The anniversary date for an employee who becomes permanent on the first working day of any month shall be considered as the first calendar day of the month even though the first working day and the first calendar day are not the same. The anniversary date will not change for an employee whose salary has been changed by promotion, trans- fer, demotion, or adjustment of compensation schedules, or for time spent on leaves of absence with pay, annual leave or sick leave except as provided in these rules. (b) Changes in Anniversary Date A change in anniversary date will result when: (1-1) The employee is on leave without pay. The previous anniversary date shall be adjusted one (1) month for each twenty-two (22) working days of leave without pay in any twelve (12) month period. (2-2) The employee terminates his employment and later is re-employed. The new anniversary date shall be determined by his new employment date. (3-3) An employee is denied an anniversary increase be- cause of poor work performance or disciplinary action. When it is determined that the employee merits an increase, the date of the increase will determine the new anniversary date. ARTICLE VIII Legality Section l -Separability If any section, subsection, paragraph, sentence, clause or phase 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 re- maining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phases might be declared un- constitutional or in any way illegal. Passed on First Reading by the City Council of the City of Englewood, Colorado, this l&th day of January, A.D. 1961, and ordered published in full in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council of the City of Englewood, Colorado, this 6th day of February, A.D. 1961, and ordered published in full in the Englewood Herald and Enterprise. ATTEST: "CTtY-Clerk I, B. O. Beausang, City Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the above and foregoing ordinance was introduced, read, passed and ordered published as a bill in the Englewood Herald and Enterprise at a regular meeting of the City Council held on the 16th day of January, A.D. 1961, and that at least 7 days after above publication as a bill the above ordinance was approved, adopted and ordered published in said legal newspaper by the City Council at a regular meeting held on the 6th day of February, A.D. 1961, as Ordinance No. 2, Series of 1~61, of said City. ATTEST: City Clerk-Treasurer I I I