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HomeMy WebLinkAbout1959 Ordinance No. 032Introduced as a bill by Councilmen McLellan, BY AUTHORITY ORDINANCE NO. 32 , SERIES OF 19_59 __ 1y1 AN ORDINANCE CREATING A CAREER SERVICE SYSTEM FOR FULL TIME REGULAR EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO, BASED ON MERIT PRINCIPLES GOVERN- ING THE APPOINTMENT, PROMOTION, TRANSFER, LAY -OFF, REMOVAL AND DISCIPLINE OF ITS EMPLOYEES AND OTHE R PROC~DURES PERTINENT TO SAID CAREER SERVICE; AND NDING ORDINANCE NO. 13, SERIES OF 1959, PROVIDING FOR THE CREATION AND IMPLEMENTATION OF THE CAREER SERVICE SYSTEM. BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. SYSTEM CREATED. There is hereby created the Englewood 1 Career Service System for all full time regular employees of the City of Englewood, Colorado, as provided by Article XV of the Charter of the City of Englewood, Colorado. Section 2. EXCLUDED POSITIONS. Excluded from the Career Service System shall be all electi ve officers, appointees of Council and heads of departments. There may also be excluded one confidential secretary in the office of the City Manager and one in the office of each department, board of commission at the discretion of the City Manager. Section 3. RESPONSIBILITY. The Board of Career Service Commissioners, also herein referred to as the Board , sha.1.L oe respons.to.1.e .l or Lhe overation of the Career Service System. Such employees as are reasonably necessary to administer the functi ons of the Career Service System shall be provided upon the recommendation of the Board. Sect ion 4. RULES AND REGULATIONS. The Board shall adopt, by the affirmative vote of t w0---(2) Commissioners, rules and regulations covering all aspects of the Career Serv i ce S y stem as established by ordinance. Such rules and regulations .shall have the force and effect of law. Section 5. EMPLOYMENT STANDARDS. The relative fitness of applicants for original employment shall be based on open , free, and competitive examina- tions as to fitness for employment commensurate with the class. Eligibility lists for each class as herein defined shall be set up in the order of final scores, including Ve terans prefe rence as provided by Article 12 of the Constitu -- tion of the State of Colorado, made by the applicants. Section 6. PROBATIONARY APPOINTMENT. Whenever a vacant position is to be filled, the top three names on the proper eligibility list shall be sub - itted to the appointi ng authority for the selection of one applicant to serve probationary period of at least six months. After satisfactory completion of the probationary period, the employee shall be given permanent status. Pending the establishment of an applicable eligibility list, tempo r ary appoint- ents, not to exceed six (6) months, may be made with the approval of the Board. Section 7. PROMOTIONS. Com ne titive examinations for positions above the entrance level shall include approriate considerations of the applicant's qualifications, record of performance, and seniority. Section 8. STATUS OF PRESENT EMPLOYEES. Upon the effective date of this ordinance, all full-time regular employees of the City having at least one year's satisfactory employment, except those excluded by this ordinance, shall be granted permanent status without further examination. All full-time, regular employees with less than one year's service shall be considered to have passed an examination for their position and shall have probationary status until the completion of one year of service, at which time, upon certification by the appointing authority that their performance is satisfactory, they shall be ranted 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. Subj ect to the rules of the Board, any employee be temporarily separated by lay-off, leave of absence or suspension; or he may be permanently separated by resignation, dismissal or retirement. Section 10. LAY-OFF. Wnenever there is lack of work or lack of unds requiring reductions in the number of employees, the appointing authority shall designate the organization unit and classes in which the lay -off is to be de. Upon such determination the required number of employees in the affected unit and class shall be laid off or transferred in the order of their relative length and quality of service as specified by rules of the Board . 2 'f)) b) rJ0 f 1 Section 11. RE -EMPLOYMEN T . An employee in good standing, upon approval of the Board, may be granted a leave of absence not to exceed two years. During this time he shall be placed on a re -emp loy me nt list for his classification. benever a vacancy for this classification occurs, persons on the re -employment list shall be offered the vacanc y in t he inverse order of their placement on the list. After a person has been on a re -employment list for two years, his name shall be removed from th e list. Section 12. DISCIPLINARY ACTION AND APPEAL PRCXEDURE. A. An employee having permanent status may be dismissed, demoted or suspended by the appointi ng authority upon filing with the Board and with the employee a written statemen t of the cause for such action, which cause shall relate to the performance of duties, personal conduct, or other factors relating to t he service. B. Within three working days a fter receipt of such notice, the Board shall notify the empl oyee, by certi fi ed mail, of his right to file a written reply with the Board. C. If t he employee f a ils to file with the Board such a written reply within five working days after mai li n g of said 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 rep l y with the Board within said time limit, the Board shall i n it iate a hearing within 30 days. At said hearing the employee shall be entitled to representation of his own choosing, at his own expense. E. At the conclusion o f said hearing, the Board shall make its findings a matter of record affirming , modifying or reversing the action of the appointi ng authority. The appointing authority shall immediately execute the fi ndings of the Board. Section 13 . JOB CLASSIFICATION PLAN. Each position in 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 posi- tions 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, and the same pay scale. A j ob class may contain one position, or more than one position. The initial classification as changing conditions require, upon and with the approval of the Board. abolishment, conao li dation, division plan shall be revised from time to time rec o mmendation of the appointing authority Such revisions may consist of the addition, or amendment of existing classes. The Board shall by rule establish the manner in Which a change in the assignment of a positi on shall affect the status and pay of the incumbent. Section 14. PAY PLAN. The Board shall annually recommend, for adoption by Council in whole or in part, a pay plan of sufficient grades and ranges so as to reflect f a i rly the d ifferences in the duties, responsibilities and qualification requi rements between classes. The rate of pay shall be comparable to that of public employment in appropriate competitive labor markets. All classes i n the classification plan shall be assigned to a proper grade in the pay plan with due regard to departmental organization. The assign- ment of a class to an established pay grade shall be effective when approved by the Board. The Board shall by rule provide for pay increases within ranges of the pay plan on the basis of the length and quality of service. Section 15. RETIREMENT PLAN. The Board shall submit a ret iirement plan or plans for adoption by Council. Upon adoption by Council, the Board, where appropriate, shall set up rules and regulations covering the administration of tbe plan or plans. Section 16. POLITICAL CONSIDERATIONS. Employees in the classified service shall not be selected with regard to political considerations, shall not be required to contribute to any political purpose, and shall not engage in improper political acti v ity . The rules shall define the scope of this section. Section 17. SUBPOENA POWER. The Board, in the performance of its duties, may require any employee of the City to testify before it and shalJ have the power of subpoena over persons and records, which power shall be enforceable by the courts. Section 18 . COMPENSATION. The Career Service Commissioners shall receive such compensation and/or reimbursement for expenses as may be determined from time to time by the Counci l. I I I Section 19. LEGALITY. Should any part of this ordinance be declared illegal, Council declares that it would have adopted all the other provisions notwithstanding such ille gality of a part, and all remaining parts shall remain in effect. Section 20. Ordinance No. 13, Series of 1959, is hereby amended by striking from the title the words, "Creati ng the Englewood Career Service System," and substituting therefor the words, "Providing for the Creation of the Englewood Career Service System by Ordinance," and amending Sections 2 and 3 of said ordinance to read as follows: "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 principles 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 implement the system with appropriate rules and regulations as auLnorizea by baid ordinance, and from time to time by subsequent ordinances." Passed on First Reading by the City Council of the City of Englewood, Colorado, this 2nd day of November, A.D. 1~59, and ordered published in full in he Englewood Herald and Enterprise. Passed on Final Reading by the City Council of the City of Englewood, Colorado, this 16th day of November, A.D. 1~59, and ordered published in full in the Englewood Herald and Enterprise. Z£5=f4 --Mayor~ -· C/ -~ TIEST: \ I, B. O. Beaus~ng, City Clerk-Treasurer, City of Englewood, County 01 rapahoe, State ot 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 2nd day of November, A.D. 1~5~, 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 loth day of November A.D. 1~59, as Ordinance No. 32, Series of 1959, of said City. ATTEST: --~ -SEAL 235