HomeMy WebLinkAbout1983 Ordinance No. 014•
ffiDINANCE NO. 14
SERIES OF 198 3
BY AU'!'IJO RITY
COUNCIL BILL NO . 14
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORD INANCE IMPLEMENTING SEC'l'ION 138 OF ARTICLE lN OF THE ENGl.&IOOD
HQ,\E RULE CHARTER llY ENAC'l'ING TliE CAREER SERVIC~ SYSTEM OF THE CI 'l'Y
Of ENGLEWOOD AND MAK ING CONFORMING AMENIMENTS.
WHEREAS , t he vot~rs of the Ci ty of Englewood amended the
Englewood City Charte r l>y adding Article :<:v, the Englewood Labor
Rela ti ons a nd Ca r ee r Se rv :ce Sys tem-198 1; and
WHEREAS, said Cha rte r amendment c reates a dual emp loyment
system wi th in the City of Englewood a uthorizi ng t he Ci t y t o ba r gain
collectively with ce rtain employees ' o r ganizations and establishing
a Ca r e er Service Syste:n ba sed on me r it princi ple s for a ll full-time
classified employees of the City of Engl ewood ; a nd
WHEREAS, the Cha rtrr places the authority fo r administration
of the City employment s y5 tem upon the City Manager , who is the
c hi e f executive offic er a nd head of the adm inistr ati ve service and
a ppoi n t ing a uthority, and the City Council is empcwe r ed t o enact
o rd inances implementing the emp loyment system of t he City of
Englewood; and
WHEREAS , the Englewo od City Council ha s pr . ,sly enacted
o rdinances imp lementing the Labor Relati ons Section of Article lN of
the Charter ; and
WHEREAS , the City Manage r has p r epa r ed a nd forwarded to the
Ci ty Co uncil this proposed Ca r e er Se r vice Syst em based on merit
princ iples to apply to all full -time classified employees; and
WH EREAS , the City Cou ncil s ubni tted t he p roposed Ca r ee r
Servi c e Syst em Ordinance t o the Boa rd of Ca rea r Se rvice
Conmi ssione r s wh ich has held a public hearing on t he proposed
o rdinance and ha s fo rwarded reconvnendations t o City Council , whi c h
r ecorrrnen dat ions City Council has duly cons ide red and acted upon;
a nd
WHER EAS , it is the r espons ibil i ty of City Council to de t e r-
mi ne and enact appr opri a t e o rdi na nces desc ri bing and def ining the
caree r Se rvice System c r eat ed by Sect i on 1)8 of Art icle lN of t he
Ch arte r; and
WHE:Rl::AS , it i s t he intent of City Counc i l , i n enacting the
Ca r ee r Se rvice Sy stem , t o im plement Section 138 of Art i c l e XV of the
Charte r by enacting a Ca ree r Se rvice System based on me rit
principles provid i ng fl e Kibilit.y t o manag eme nt in admin ist e ring the
employm-:,nt functions o f t he City in accordanc e with Charter
principles a nd providing fairne ss a nd consiste ncy t o empl oye e s
go•1erned by said System;
NCW, 1l!EREFORE, BE IT ORDAINED BY TI-I E CITY COUNC IL OF 1llE CITY
OF ENGL l:W)()D , COLORADO , NS FO LLCWS:
Secti on 1.
That Title V o f the 1969 Eng lewood Mun icipa l Cod e i s ame nded
by t he add i tion of a Career Se r vice System the reto t o r ead:
5-11-1 :
COVERAG E
CHAPT ER 11
GE NE RAL PROVI SIOO S
These p r •,cedures s hall apply t o d ll fu ll-time cla~s if ied
employees o f t he City o f Eng lewc.od (he reina ft e r the "Ci ty") . Th e s e
procedu res shali se rve as a guide to the admi ni strat ion of t he
care er Se r vice Sys t em of the City in ke eping with bas i c me r it
principl es . Thes e procedures a r e not a ll-in=lus i ve ; f inal d i s-
cretion as t o inte rpre tati on and appropriate cour se of action
conc erning a partic ula r personnel matte r sha ll be t ha t of the City
Manag e r or des i g ne e , un less spec ifically othe rwi se prov i ded he r e in .
These p r ocedures do no t apply t o ba r gaining unit employees
wh e n a barga ined contract add r e s ses t he s ubject ma t t e r cove r e d by
these r eg ulations ,
5-11-2 : CLASSIFIED SERVI CE
All :'ull-time c lassifi ed posit i ons that a r e incl uded within
the Care er Se rv i ce Syst em.
5-11 -3 : UNCLASSIF I ED SERVICE
a) Any e l ect ed offi cial o r pe r son appoint ed to f il l a vacant
elected pos i tion;
b) Boa r d o r Commission member ;
c) Judge ;
d) City Ma nage r and emplo1ees of t he City Manage r 's off ice;
e) Depa r tme nt Heads ;
f ) Ci ty At to rney , employees of t he City Attorney 's o f fice ;
g ) Co n fident i al sec r e t a ries ;
h) Pe r sons appointed t o a posit i on by City Co un cil ;
i) An y pa rt-t i me , tempo ra ry o r cont ractual employee ;
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j) Any employee hi red fo r special proj ects or programs or
through the use of outside funding sources;
k) Unskilled manual laborers and s uch other classifications
whi c h the Employee Re lations Director, City Manager with
the conc urre nce of City Co unc il determine t hat competitive
exami na tion i s i mpractical.
Th e determination of City Counc il s ha ll be final as to whether
positions a r e cove red under the car eer Se r vice System .
5-11-4: RESPONSIBILITY FOR AI1'1INISTRATICll
(a) City Counci l. The City Council shall adopt and amend the
ca r eer Se rvi ce System ru les pr e pared and s ut:rnitted by the Ci t y
Manager. The City Manager shall pr epa r e and s ubni t t o Ci ty Co uncil
fo r adoption such amendments to the career Se r vice System rules fo r
ado ption as he deems necessary.
(b) City Manag e r. The City Manage r i s the chief ex,,cutive
off icer and head of the admin i str ative branch of City gove r nment and
shall:
(1 ) Exe r cise s upe rvision and co ntrol over all executive
and admin istrative depa r tments , including the authority , wi th prio r
approval of Co uncil by ord inance to establish , consolidate , o r
abolish administrative depa r tments ;
(2) Have authority to r P• ganize de pa r tmen ts , divisions ,
and secti ons and allocate and real~oca te powers , duties and
functions to divisions , sections and positions unde r a pri nc i pal
depa rtment.
(3) Determine the over all me thods , pr ocesses , mean s , job
classi fications ~r personnel by which City ope r ations a re t o be
cond uc t ed;
(4) Appoint , suspend , promote , demote , transfer , and
remov e all s ub.,rdinate off i cers and employees , subject t o the
provisions of the Ci ty Cha r ter and Ca r ee r Se rvice System r ules and
r egulations , excepting those appo inted and removed by Ci ty Council.
(5) Be re,pcnsible fo r administ ration and maintenance of
the Ca r eer Se r vice System .
(6) The City Manager o r designee shall be who lly
responsible for assig ning a pcsi tion r esponsibilities , a utho ri ty ,
and duties wh ich may be temporary o r pe r manent, incidental o r
es sential. He shall designa te the location of work for the
posit i on , de termi ne the tools and equipment to be furnished , and set
the hours o f wo rk and wo rk ing condidons and determine method ,
process and means of accomplishing wo rk. '!'he City Manager may
direct, s upervise, assign and sched ule the work of employees .
(7) Maintain and improve the efficiency and effecti veness
of City operations; and take any and all actions to carry o ut the
mi ss ion of the City in c ases of emergency .
(8) The appointing authori t y may delegat e authority
all career serv i ce system and personne l functions and act ions.
delegation need not be in writing so long as the appoi nting
autho rity ratifies the act i on taken.
for
Such
(9) Perform such other duties and have and exe r cise s uch
other City powers established by Charter and delegated by Ci ty
Council , o r as may be prescr ibed o r necessar ily implied by Cha rter
o r the Ca r ee r Se r vice System rules and r egulations .
(10) Designate a r ecord ing sec reta r y for the Board who
s hall keep a r eco rd of all the proceedi n')S before the Boa r d ; and
from t ime t o time , upon reco1TJT1endatio n o f the Board, designate such
other a nd further emrloyees of the City t o aid the Board in the
pe r fo rmance of necessa r y clerical and gener al office wo r k . With
approva l o f the Ci ty Ma nage r , the Board may cont r ac t fo r t he
services of special ass istance in fnct finding o r othe r matte r s
r ela ting to work of the Boa rd .
(=) Employee Relations Di r ecto r . The City Manager shall
aFpoint an Empl oyee Relations Director who shall be responsibl e for
the administration and technica l direction of Lhe Career Se rvi ce
System of t he City o f Englewood . The Employee Relations Directo r
sha ll be chos~n on the basis of professional training and experience
in personnel admi n istration and shall be appoint ed in the same
ma nn er as the heads of other City depa rtments . The Employee
Re lations Directo r shall have such authority as delegated by the
City Manage r and as set fo rth o r necessar ily implied i n these
regul ations .
(d) Ca r ee r Service Board .
Appointment , Reiooval
The City Council ... ,e reby creates a career Service Boa rd
(hereinafter the "Board ") which shall cons i st of five (5) membe r s;
two members shall be appointed by City Counci 1 , two membe r s s hall be
elected b) secret ballot by all full-t ime pe rman ent classified
empl oyees of the City , and one membe r sl1a ll be select ed by the other
four members and se r ve as chairpe r son . Boa r d member s • terms are for
four years o r until resignation , rerrova 1 o r recall . Any Boa rd
membe r may be reiooved by Council fo r c, .,tinued negl ect of duties o r
rMlfeasance in off i ce.
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Those e l ected Board members may also be recalled by the
employees. Election and recall procejures are provided i n '69
E.M .C., Title IV , Cha r te r 5 . Sho uld a Board member duly elected by
the full-time permanent classi fied employees resign or otherwise
become incapacitated so as to create a vacanacy in office, the
full-time permanent c lass ified e mployees shall petition the City
Election Commission to ho ld 3n election to fill said une xpired
term .
ljJalHications
Each lloard .nembe r s hall reside within the Ci ty and
possess t he integrity and imparti a lity to protect the public
interest , as well as the int e rest of the City and its full-time
permanent classified employees and shall be known t o be i n sympathy
with a me rit system of persoMel administration . Members of the
Board shall hold no other appointive o r elec tive mun ic ipal office
d uring t heir tenure as Board membe r s. No employee of the City shall
be a membe r of o r an ex officio member of the Board.
Authority of the Boa rd
The Board ha s a utho r ity pursuant to Secti on 137, the
Labor Relations Article, and Section 138, the ca reer Service System
Ar ticle , of the Cha r te r . With regard to the Ca ree r Se rvice System
o f Merit Principles, the Board's princ i pal function is to act as a n
independent hea r ing body in hearing merit and disciplinary appeal s .
In the Caree r Se rvice System , the Board 's duties and powers are:
(1) To hear me rit appeals of any full-time permanent
clnssified employe e and determine if the r e was proper application of
the Adm i nistrative Procedures adopted pursuant t o Sec. 138: 2 of the
Cha r te r governing Merit principl es with respect t o :
(i) sel ec t ion and advancement on the basis of the
employee's r elative ability , know l edge , and
s kills; a nd
(ii) the establishme nt and maintenance of a
classifi c ation plan based on job a nalysis .
However, the Board shall have no authority or r esponsibility t o hear
or deter,,ine if any pe rson wer e denied egual employment oppo rtunity
with the City by a ny empl oyment decision under these rules or other
t r eatment fo r r easons of alleged disc rimination based upon race ,
religion , age , sex , handicap or national o ri':. n . Compl aints of
alleged disc r im inat ion shall be filed with the Employee Relations
Di rector .
(2) To he a r d i sciplina ry appeals for any full-time
per111anent classified empl oyee with respect only to whether that
employee's ~usi:,ension, deirotion, or disc .a rge was fo r cause which
re lates to the performanc e of duties , personal conduct, or any other
facto r detr i men t al to the City and /or any other just and r easonable
cause .
(3) To appoint a hearing officer (with demonst r a ble
ability in labor and employe e r elations) to make fi ndings and
r ecomnendations to the Boa rd for i t s f inal appr oval wi t h r espect t o
disciplinary appea l s and merit appeals .
(4) Followi ng not ice and hea ring, to adopt reasonable
Board rul es and procedures which are necessary in the perfo rmance of
its d uti es .
(5) To effectuate ca r eer Se rvice System policies ty
enteri ng authorized decisions following merit appea l and
di sci pl inary a ppe al hearings , but the Board i s not autho ri zed to
order any parti es to t ake any ac tion not specifically requi r ed by
Cha rt e r o r ordi nan ce .
(6) The Board shall hold one regular bi-monthly mee ting
only when necessary t o cond uc t hearings and othe r f un ctions required
by SJbsections 1-4 above and Section 5-1-1 in the month s of January ,
March, Ma y , July , September and November and meet only a t such other
time s necessary to timely conduct hearings and othe r functions
required by these ordinances Subsecti ons 1-4 above and Section
5-1-1. All Board meetings shall be in City Hall or some other
previously noticed City f ac ility . A noti ce of said meeti ng shall be
posted in City Hall at least tw enty-fo ur (24) ho urs in advance.
Ea c h member in attendance at each duly authorized meet ing shall
r eceive fifty dolla r s ($50 ) to de fray hi s ex penses . For add itional
hearing da ys o r pa rts the r eof in excess o f two per mo nth , an
add itional twenty-five dollar s ($25) per hearing da y s hall be pa i d .
Membe r s s hall recei ve a total o f no mo r e than one hund r ed dollars
($100) pe r mont h .
(e) Department Heads. Depa r tment he ads sha ll hav e r espons i-
bility, s, jject t o o t her s ect i ons o f these ru l es and r egula tions, t o
selec t , .!tain , transfer , prorro te , disc i pline and s epara te empl oyees
within the department . They a r e expect ed t o effect ively s upervise
the ir employees , to r e po rt on e f fi ci enc y and performance of their
subo r dinate s , to notify the Employ ee Rel a ti ons Directo r o f changes
in duties of their employees in o rd e r that the clas sific.ition plan
can be maintained , and to r eco,rme nd s a la r y adjus tments . Depa rtment
heads sha ll r ecomnend desi r able c hanges i n the personnel policies
and proc edures t o the 1:inpl oyee Rel ations Di r ect o r t o impr ove
admi n isL r ation of t he pe r sonn e l sys t em. De pa rtment he ads may
est abli sh s uch rul es de emed ne ces sa r y fo r the ef f ic i ent and orderly
admi ni s trat i on o f t!1 e i r de partments . Such rules must be on f ile in
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the Employee Relations Depa rtment before they become effective and
nust be consistent with these rules a nd r eg ulations . Copies of
department rules nust be made available fo r use by employees.
(f) Employees . It shall be the r espo nsi bility of all
emp l oyees t o thoroughly acquaint themselves with the p rovi sions of
the ca r ee r Se rvice System rules and r egulati or., and the rules of t he
department within which they a r e empl oyed . Employees are expected
to conduct themselves at all times in such a way as t o effectively
and efficient], ca rry out thei r r espons ibiliti es t o the depa rtment,
the City a nd to the pub lic .
5-11 -5: GRANT-I N-A ID PRCGRMS
Wh e never the pro visions of any law , rule , o rd e r, o r regulation
of the Un ited States o r of any fede r al agency o r authori t y providing
or admi nis t e ring fed e r al funds for use in Co lorado , either direc tly
o r indi rec t ly or as a grant-in-a i d o r to be mat c hed o r otherwise ,
require civil s ervice or mer it standa rds o r classifications o ther
than that r equi r ed by the provis ions of these rules , then the
provis i ons of s uch law, rule , order, or regulation shall prevail and
shall gov e rn tt.e class of empl oyment and employees af fected
the r eby .
5-11 -6: t::QUAL EMPLOYMENi' 0 PPOR1'\J NITY\4.
Discrimination for o r against any person in rec rui anent,
exam ination, hi r ing , classificati on , t ra ining , pr oroo tion, re t ention ,
ass ignment of duti es , granti ng of rights and benef i ts , or any other
pe rsonne l ac tion becau s e of political o r religious o pi nions , race,
c reed , colo r , sex , nat i onal o rigi n or a0cestry , age , pol iti ca l o r
relig i ous a(f iliation , o rgani zational membe r ship , physical o r mental
impai rme nt whf're accorrmodation can reasonably be made o r othe r
nonme rit fac tors except for bona f ide occupational r easons is
proh i bited . Any claim o ( alleged d i sc r im ination fo r any prohibited
reason shall be filed with t he Employ ee Relations Director and may
be determined only by t he City l'klnagcr or his des i gnee .
5-12-1 :
CHAPT ER 12
POSITION CLASSIFICATION
PURPOSE
The position classification plan is an adjunct to the merit
system which pr ovides a systematic a rrangement and inventory of all
positions in the City s ervice . Th e plan groups the various
positions into classes with appropriate titles, descr i ptions of
du ties and responsibiliti es and types of work perfo r med. Class
specifications ma y also li s t the mininun requir ements or
qualifications needed to pe r form the work of the c lass s uch as
education, experience and knowledge, skills and abilities . By
de sc ribing wor k du ties and relationships , the position
classification plan provides a basis for administrative decision
making on compe nsation, selec tion, employee developnent, career
advancement, upward rrobility and other persoMel program
activities.
5-12-2: AJl,IINISTRATION OF THE POSIT ION CLASSIFICATION PLAN
The Employee Relati ons Di rector shall establish and maintain a
position classification plan based on job analysis that will provide
the basis upo n which fulltime permanent classified employees are
graded, compensated and e xamined for positions within the Ca r ee r
Service System .
The Employe e Relati ons Di r ector shall be charged with the
administ rati on and maintenance of the position classification plan
so that t he classes of work will reflect the duties included in each
position in the City service and to ensu r e that each posi tion is
properly allocated t o one of the c lasses . The Employee Relations
Director shall periodically review the enti re position classifica-
tion plan as well as the allocation of all positions to classes
within t r, pl an and r ecoirmend to the City Manage r revisions as
appropri ate .
5-1 2-3: ESTABLI SHMENT AND ABOLITION OF CLASSES
MY change in the pos itbn classification plan such as
establishing new classes , abolishing classes , r eclassifying classes
or pay grade changes for classes r equi r es t~e appn,•:al of the Ci ty
Manager .
5-12-4: ESTABLISHMENT AND ABOLITION OF POSITIONS
(a) All positions i n the Car ee r Se r vice system are established
and maintained through a departmenta l pe r sonnel budget each year in
acco r danc e wi th est ablished budget and accounting p rocedures .
(b) Each authorized posit ion is allocated to a n app ropriate
class . The p rof'E'r allocat ion and cont r ol of positions i s the
r esponsibility c,f the Employee Re l a tions Directo r.
5-12-5: ALLOCATlON OF POSITIONS
(a) The Employee Relations Di rector shall allocate newly
created pos i tions to an exi s ting c lass in the po sition
classification pl~,1 o r t o a new classificati on depending on the
duties and respons ibilities of t he pos i t i on and the availabiliry of
an appropriate existing class .
(b) Every pos ition i n the class ified s e rvice s hall be placed
in a specific class before final action can be taken on
a ppo i ntme nts , t ransfe r s , pr om:,t ions , dem:,tions , changes in pay grade
s tatus , o r payment of s alar y involving the posi tions .
(c ) Those po s itions i n the c lass ified s e r vice whi c h a r e
s uffici ently s imilar a s t o duti es perfor med , l eve l of
responsibil i ty , min i mum requireme nts of t raining , ed uca tion,
expe rience o r knowl edg e , skills and abiliti es and whi c h me r it
a pp r oximate ly equa l pa y shall be a llocated t o the s ame c l ass.
5-1 2-6 : CU\SS TITLES
Th e ti tle of a pos ition s hall be us ed to designate the
position in a ll budg e t documen t&, payr olls and ot he r offic ial
re co rds , documents , vouche rs and co1T1T1un ications in connecti on with
a ll per sonnel proc es s. Ot he r wor ki ng titles may be used fo r a
positi on i f des ired by the depa r tment head or appoint ing au thority
t o designate the posit i on fo r pu r po s es not invol v ing pe r sonnel
processes .
S-12-7 : DEFINITIOO OF CLASS
Cl ass mea ns a group o f po siti ons in the Ca r eer Se r v i ce Sys t em
s uff i c i ently simila r in dut ies , a utho rities , r espo nsibil ities and
minimum requirements of tra i n ing , knowl edge , s ki ll, abili ty and
expe ri ence so chat the s ame title and pa y g r ade ma y be a ssigned to
each pos ition in the g rou p .
5-12-8 : DEF I NIT[OO OF POSITIOO
A pos i tion i s an i nd i v i d ual j ob withi n the Ca r ee r Se rvi ce
Sy stem . A pos i t i o n contains dut ies and respons i b ilities assigned by
the appointing dUthor i ty o r desi gnee t o be pe r fo rmed by an
employee .
5-1 2-9 : CLAS S S PECIF ICATI OOS
The Employee Relat i on5 Di r ec t o r shall des i gn and .na i nt a in a
maste r s et of a ll posi t ion specifkations , which s hall consti tute
the o fficia l pos i ti on c l as s if i ca tion plan . The off ic i a l set s ha ll
con ~a in a ll ame ndme nt s and i ndicate the da t e of adopt ion o r the l ast
r~vision of the specification f or such pos i t i on.
(a ) The pos iti on spec ifica ti on shall s t a t e the off i c i al
lX)sit i on title , the cha rac_e rist i c duties and responsibil i ties ,
examp l es of typical d ut i es , work i ng conditions , and kno wl edge ,
skills and abi lities r eq~i red t o adequately perfo rm in the
p:>sit i on .
(b) The s pecifica t ion s ha ll be desc riptive a nd explanatory but
not res tric ti ve or all-inc lusive ; t hat i s , the posi tion specifica-
tion shall des c ribe the rror e typical t ypes of work which may be
required of a po s ition but s hall not be construed to restrict the
assignment of ot he r dut ies r e lated to the position, nor shall it be
construed as desc riptive of what the duties and responsibilities of
any partic u la r po s ition or indi v i dual incumbent shall be.
(c) Minimum q ualifi ca tions are compr ehen sive statements of the
minimum background as t o educ:-atio ~, tra i ni ng, experi ence and other
qualifications whi ch will be r eq uired i n a ll cas es as evidence of a
person 's abil i ty t o perform the wo r k prope rly and ther e fore as
prerequisite s to acceptance fo r e xami na tion, o r appoin tment.
(d) The Empl oyee Re l a ti ons Di r ec tor s hall provide each
de pa rtmen t head with a s et of positior. s pe c ifications o f those
po s i t i ons in hi s/he r de partment tha t a r e a lloca ted and for such
ot he r po s i ti ons a s may be deemed a pp ropria t e .
(e) Po s ition spec i f i cations o f a ll c lassif i ed posi tions o f t he
Ci ty i n the Employee Relations Depa r tment shall be open fo r
inspec ti on by empl oyees o r the publi c und e r reasonable cond i t i ons
dur ing bu s i ness ho urs.
5-1 2-10 : REClA5SIFICAT I ON OF POS IT ION S
The Em ployee Rela ti ons Direct or has r espons i bi lity for the
pr o pe r a llocati on of all positions i n t he pos i tion classi fica t ion
plan . He shall chang e t he class i ficat i on of any existi ng po s iti on
when i t i s wa rranted by a mater i a l and pe rman ent chang e wh i c h occurs
in t he d ut i es and re s pons ibi l ities of a po s ition which a r e o f s uch
natur e and /o r magn i tude t hat allocati on to a d ifferent class is
j us t i f ied .
(a) The Emp loyee Rela ti ons Di r ect o r may reque s t depa r tme nt
heads to subm i t po si t i o n desc r i ptions at any ti me (s )he has r eason
t o be lieve t he r e has be e n a signifi can t c ha r.9e i n d uti es and
respo nsib i l i t i es of one or rro re po si tions .
(b) If a depar tmen t head o r any employ ee has r eason t o believe
that a po s i tion is i mp roper ly allocated (beca use of a s ignificant
change i n dut i es o r r esponsibi l ity) s(he) ma y r equest the Emp l oye e
Re lati ons Directo r t o r evi ew t he a llocati on o f the po s iti on. Suc h
r equ es t by an employee shall be s ubm i t t ed through t he de pa r tme nt
head and sha ll c onta i n a s t atemen t o t j ustification. If the re ha s
be e n a s ignif icant change i n a pos it i on duti e s o r respon sibi lities ,
no t of an i nc identa l o r t empor a r y natu r e , the Empl oyee Re lations
Direct o r shall review the positio n allocati on. Th e Empl oyee
Relat i ons Di r ec t o r may r e view any po s it i on he deems imp rope r l y
allocated . A posit i on ma y no t be rev i ewed iro re than once i n a
t we lve rronth pe ri od unless a utho rized by the Empl oyee Re l at i ons
10
I
Direct o r. Reclassifications a re subject to the approval of the Ci ty
Manager.
(c) l'<tlen a position is reclass, d because of a change in t he
d uties and res pons ibilities of the position, and is assigned by the
appointing authority a higher pay grade than the c urrent classifica-
tion , the Employee Relations Director may require that the incumbent
qualify by exam inat i on for the new class or may det e rmine that a
no ncompetitive prorrotion i s in o r der depe nding on the conditions of
the r eclassification, the nature of the position r eclassified a nd
the qualif ications of the i nc umbent.
(d) If a pos iti on is r eclassified a nd the pay g r ade is not
changed , the i ncumbent shall co ntinue in the position provided the
employee meets the mi nimum quali f ication, if changed , and with
whatever status (s)he had in the previous classification .
(e) If a position is r eclassified to a clas s with a lower pay
g r ade than the cu rrent classification the incumbent shall receive
the salary rate fo r the lower class (except that no rror e than the
maximum rate for the lower class may be paid) • The i.1cumbent rMY be
transfe rred to another classified position for which (s) he quali fi ed
that is comparable to t he position held before r eclassi fica t ion .
(f ) Any r ec lass i fi cation wh ich is denied or which r esults in a
derrotion fo r the pe r manent incumben t and is no t in C' 1fo rman ce with
these regulations may be appealed .
$--12-11 : AMENC1'\ENTS TO CLASSIFICAT ION
Amendments of the classification plan , additions of c l asses to
and deletions of classes from the class ifica ti on plan , r eassignments
of classes f rom o ne pay range t o another and other changes to the
classif i cati on plan made by the City Manager o r Ci ty Council s hall
not be consider ed to be amendments to the Ca r ee r Se rvice System.
5-13-1 :
CHAPl'ER 13
CCl>IPENSA'f!ON PU\N
CCMPENSATION
GE NERAL
The compensa t ion plan is an adjunct to the Ca r ee r Se rvi ce
System and is i ntended to pr ovide all c lass ifie<l employees with fair
and equ i ta ble pay a nd to provide a uniform system of paymen t . The
compensation plan is s e pa r a t e but related to the position classifi-
cation plan . Bea ri ng in mind t hat where compa rison between classes
or jobs is appr opriate o r useful , such comparison shall be on the
ll
basis of the total cost o .: wag es and fr · ng e bene fi ts fo r s uch
po sition. Co ns iderat ion may be g iven t o the follow ing f acto r s :
(a) Pay r anges fo r oL~e r c l a sse s in the sys t e m
(b) Knowl.edge, s kill, a ~:·.i ty, and res ponsibi l i t y o f
positions.
(c) Prevailing r a te o f tot al c ompensat ion in the mar ke t a r e a ,
inc luding both private and public empl oyment.
(d ) Recruiting e xpe rience
(e ) Working conditions
(f) Economic Facto rs
(g ) Th e level of compense.ti on c ompet i dveness s oug ht by the
City .
(h) The level of a p pro pr iations fo r compens a tion dete rmi ne d
in acco rda nc e with Council polic y .
5-13-2: AOO PTION OF TH,, C(),1PENSATI ON Pl.AN
The Empl oyee Re l a t ions Dire cto r shall pr-spa r e a nd pre s e nt to
the City Manag e r a i:,roposed o r amended compens ation plan a t s v.ch
Li me as the ma nage r s hall d-aem necessary o r a ppro pria te. Th e Ci ty
Co unc il sha ll ado pt a compe nsati on plan to be e f fec t i ve dur i ng t he
next yea r o r il t s uch time a s t he c o unci l may cies i g nate and
thereafter ur,t i l ame nded o r a new plan shall be ado pt ed .
5-13-3: C(),1 POS I TION OF THE C(),1PEN SATI ON Pl.AN
Th e c o mpen s ati on _J l a n may consi s t o f sal a ry s c hedules s howing
pay range s , i nc ludi ng n i nimum and max imum r a tes of pay as ma y be
de emed necessa r y and ap~ro pr ia te , and s c hedules s ho-,ing the a s s i gn-
men t o f e ach pos i tion i n t he class ific atio n pl a n to pay r ang e s in
the salary s c hed ul es .
5-13-4: ASS IGNMENT OF CLAS SES TO PAY RNK,ES
The E1upl oye e Rel a tio ns Di r ecto r, with the a pproval of t he Ci ty
Manager s hall assig n each pos it ion i n the c l ass i ficati on plan t o o ne
o f the pa y ·anges i n t he salary s c hedules of t he com pens ati on pl an .
5-13 -5 : MAINTENANCE OF THI:: C(),1 PEN SATI ON Pl.AN
The Empl oyee Re l ati o ns Di r ec to r s hall make compa r ative s t udies
of salar ies paid a nd r e lated pa )• ?ractice s of a samp l ing o f publ ic
and pr ivate empl oyees i n the va r iou labo r markets in wh i c h city
employees a r e r ecr uited . The 1:m pl o ye e Rel at i ons Direc t o r s hall
uti li ze the info rma t i on in the e va lua tion of ass ignme nt s of po si ti on
to pay r ange s a nd i n pro posing ame ndmen t s to t he sa l a ry s c hedu l e s .
Fa c t o rs re l evant in ma intai ning a sound , fa ir and equi t able
compensat i o n plan i nclude among other t hi ngs , r anges o f pay in othe r
cl asses , pr e va i ling r ate s of pay fo r s i mila r empl oyment i n both
12
public and private organi zations in the labor markets from wh ich
Career Se rvice System employees a r e r ec ruited , cost-of-living
factors, other benefits r<aeeived by emplo)'ees, the financia l and
economi c considerations ex , s t ing , the ability to r ecruit and retain
qualified personnel and the level of compensation competiti veness
sought by the c i ty .
5-13-6: APPLICATlOO OF THE CCMPENSAT IOO PU\N
All persons of the classified service shall be employed and
paid i.n accordance with the rates and policies established in the
compensation plan fo r the spec ific class und e r consideratio~.
5--13 -7: NEW APPOINTMENT STARTING RATES
(a) A new emp loyee shall normally be paid at the begrnni ng
salary of the assigned pay r ange; except rl,at the der,a rtmen t he ad
with the app roval of tile City Manager ma, authorize a sta rti ng
salar y above the minimum , when a prospective appointee possesses
qualificati ons in excess of the minimum qualifications for the
class , or when r ec ruitment has failed to att r act qua lified
applicants willi ng to accept employment at the minimum salary .
(b) To pay a star ting sala r y abov e the minimum r ate , the
depa rtment head s hall provide written documen t ation t o the City
Manager that such act i on i s justified by the exceptional
quali f !cati ons of the applicant or by lack of quali fied applicants
available at the beginn ing sala r y.
5-13-8: PRCMarroos AND REClASSIFICA'rIOO UP,/ARD
When an employee i s pro1roted r.o a pos: tion i n a class assigned
to a higher pay range o r his/her position is r ec lass ified t o a
higher pay r ange, his/her salary shall be at the minimum rate in the
highe r pay range o r at a rate which results in a pay increase of
five pe r cent , whichever is g r eate r. The City Manager may autho rize
a greater promotional sala r y if t he depa r tment head just i f i es s uch
act i on by showing exceptional qual i fications of the applicant o r a
lack of qualifi ed appl icants at the est ablished sa lary.
5-13 -9 : DEMarIONS
When an employee is demoted at his/her request o r fo r cause o r
reclassifi ed downward to a c las s in a l ower pay range (s)he shall be
paid at a r ate which ; s wi thi n the lowo,r pay rang e . The r ate of pay
shall be determined by tr.a Elnployee Relations Directo r after
consulta tion with the de partment head ' -the demot ed emp loyee .
l 3
5-13-10: TRANSFERS
When an employee is transferred from one position to another
in the same class or to a position in another class with the same
pay range, (s)he shall conti nu e to be paid at the same p3y rate and
shall retain his/her anniversary date .
5-13-11: TEMPORARY WORK AT A HIGHER CU.SSH'ICATTON
(11) An employee may be required to perform duties In a higher
cla~~, ficatlon on a temporary, inc idental o r e:nergency basis for a
i:eriod -.,( thirty (30) calendar days o r less with no change in
classification or incrtase in pay .
(b) If the performance of duties in a higher c lassifica tio n i s
l.,yond thirty (30) calendar days , the employee sha ll be eligible for
ac ting pay at the higher classificati on and s hall be paid at 50% of
the difference between their salary r ate and the mini1TJJJT1 rate of the
higher c lass or five percent (5%), whichever is greater .
(c ) At the conc lus i on of the temporary work the employee shall
r evert to h i s/her form e r classific at i on and pay range .
(d) All service in the highe r level classi ficatio:-i shall co unt
as time work ed in the employee 's regulJr c lassification fo r all
purposes.
5-13-14: GARNISHMENT OR WITHHOLDING OF WAGES
No writ o f att achment ,1r garnishment or other process shall
attach o r de l ay the payment r,f any rooney or other t h ings due to a,1y
City employee when the rooney o r othe r thing iG du e for the personal
labor or servi ces cf' such pe r son , except that the fo regoing shall
not apply to payme nts du e fo r aliroony , child support or taxes, or
where othe rwise prov i ded by binding sta te or fede r a l law.
5-13-15: TERMINAL ANNUAL LEAVE
Se parating empl oyees s hall be paid for a ll accumul a tej annual
l eave t o their c r edit at t he ir c urrent rate o f pa y a s o f the
e ffective date •;f se paration. All payment du e and nwing for any
other l eave "~c umulated by the empl oyee shall al so be paid a t said
s epara tion date ,
5-13-1 6 : AMEN CMENTS TO CO'l PENSATION PLANS
Amendments of the compen sat i on plan and annual o r pe r i od ic
changes of pay rates for the pa y r anges within the est a bli s hed pay
s chedules and o the r c hang es made by the City Manager or City Council
to the compen satio n plan sha ll no t be cons i de red amendments t o the
Caree r Se rvice Sy s tem.
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5-14-1 :
CHAPT,R 14
RECRl ,I™ENT
GENERAL
Rec ruiting, sel ecting and advancing applicants and employees
will be on the basis of their r elative ability, knowledg e and
skills , including open conside ration of qual ified applicants and
emplo yees fo r appointment or pr o,ootion. To assure high quality of
service to the public, recruitment efforts and publicity will be
di r ected to all appropriate sources of applicants in a geographical
area as wide as necessary to attract an adequate number of qualified
candidates and to assure open o pportunity for the public to apply
and be consi de r ed fo r empl oyment on the basis of their relative
know l edge , skills, abilities , and potentia l. Th e E)nployee Relations
Director shall establis h min i 11'1JJ1l r equireme nts and qualifications for
posi tions in the Ca r eer Se rvice and shall prepare and ho l d examina-
tions, pass upon qualifications of a pplicants , ,es tablish eligibility
lists and certi f y e ligi ble applicants to the City Manage r t o f ill
vacan c ies in the Ca ree r Se rvice .
5-14-2 : RECRUI™ENT PROC EDURES
Ann ouncemen~s of exam ina tions and/or vaca nt positions may be
sent to newspapers and radio s t ~ti ons and o ther public places to
assure the wide s t possible exposu r e . Announcements and vacancy
lists may also be furnished to community organizations , including
min ority g roups and women 's o rganizations.
Ap plicants will be r ec ruited on th~ basis of the min i mum
knowledge , sk ill, a"" .. ility , e xperi ence and education req uiremen t s
established fo r the pos it ion.
All publ i c ity shall indic ate that the City i s an equal
opportunity emp loyer .
5-1 4-3: POSITIOO ANNOUNCFJ"\ENT
The position announcement shall i nclude , but need not be
limited t o , the followinc_; info rmation: position title; annual,
,oonthly or ho ur ly sala r y ; gene ral duties; minimum qualifications;
the time , place and ma nner fo r the making of appl ications ; c l os ing
da t e fo r r ece i pt of appl ications ; and any o ther qualifi cations
deemed t o constitutn a bo na fide occupati onal q ualif i cation .
15
5-14-4 : ANNOUNCEMENT FOR OPEN CON'rI NUOllli EXAMINATION
Announc eme nts shall be pos.ed in the offices of the Depa rtmen t
of Empl oyee Re lations and i n othe r appropriate places dete r mi ned by
the Employee Relations Di ·ector wher e eligiblP persons mi ght
reasonably be e xpected to be locaced . Departments and divisions
s \1all post announcements in places known by and ava ilable t o
employees .
MY s ubstantial changes made in an anno unc e""'nt shall be
d i s tributed and a new time limit set for fili ng a pplicat ions . The
fi ling date may be exte nded wh enever the Employee Relations Director
de t e rmines that an insuffici ent. number of a pplications has been
received from qualified persons on any a nnounced e xam ination.
1-hlenever t he Emp loyee Relations Di r ect o r determines that an
announced exami nati on i s no t needed , the examination may be
canceled . If an exami nation i s canceled , written noti ce shall be
given to concerned a pplicants and concerned department heads.
5-14-5: FI LI~ OF APPLICATIOOS
When the r e is a n urgen t need fo r eligi bles and past experience
or knowl edge o f labo r marke t condi ti ons indi cat es a probable
scar c i ty of eligibles , applicants may be exam ined and placed on an
eligible li s t a s received , provided that the r e is good r r ason to
be ! ieve t hat all qua lified pe r sons who apply will have an oppo r-
tunity fo r conside r ation o f appoi ntment. These procedur es shall be
known as open conti nuous exam inations . Announcemer.ts of open
co ntinuous exam inations shall be dist ributed and posted in the same
;.ICl,nn er as any other examina ti on announcemen ts .
All a ppli cati ons fo r po s itions o r examinati ons sha ll be on
standa r d forms presc ribed by the Direct o r of Employee Rela tions .
All applications Rhall be si gned by the applic ants attesting
to the truth o f a ll state~.en t s contained in/o r by r efe r ence made , a
par t o f the appli cation fo r m.
To rece i ve cons i dera tion, applications ITUSt be rece ived i n the
E)nploye e Rela t ions o ffice o r postmarked by the clos i ng date
specified on the examination annou ncement. Late appl i c ations may be
received at the Employee Re lat ions Di recto r's disc r eti on .
Incomplete o r defective appli ca t ions may be returned t o the
appl icants f o r revisions o r addit i ona l info rmation. Rev i sions or
addit i onal i r.fo rmat i on :nu s t be made and received within ti me limits
f i xed by the Directo r of Elnplc,yee Relati ons .
Applicat i ons fo r ope n comµet itive examinati ons may be f iled by
any pe rson who me ets the r equ i rements as lis t ed on the pu blic
announceme nt of the exami nati on .
16
Any state.'ilent on iln applicati on that is found to be fa l se or
deliberately ml sleading may be cause for r ejection of the applica-
tion or emp loyment termination at a later date.
The Employee Relations Director may , in coMection with such
ap~ .ication, require such certificates of immigration or visa
status , physician's certificates, license cer tificates , educational
achieveme nt certificates , or any other documentation which bears
upo n a n applicant's qua lifica tions or eligibility.
The Employee Relati ons Department may d~ve lop a procedu r e for
voluntary self-identificati on a s to protected class affiliation
whi ch shall become a confidential pa r t of the appl i cation .
The information r equested is for use solely in coM ection wi th
affirmative action efforts, the info rmation is being r equested on a
volunta r y basis , that it will be kept confidential , that refusal to
provide it will not subject the applicant to any adve r se treatment.
5-14-6 : REJ ECTI ON OF APPLICATION OR APPLICANTS
The Employee Relati,,ns Di rector may reject ,my application or
applicant when it has been determined that :
(a) Th e appli cant has made delibe r ate false or misleading
s tatements and deception in att empt to secur e employment .
(b) The applica t ion was not r e~ei ved on o r before the closing
date established for receiving applications .
(c ) The application was not filed on the prescribed form .
(d) The applicant does not possess the reqd r ements as
specified in the examination announcement or the public an'10 uncemen t
of the job vacancy .
(e) The a pplicant is physically or mentally unfit t o perfo rm
the requi r ed du ti es of the class or posi tion for which application
was made .
(f) The applicant wa s e mployed previously by the City and was
dismi ssed fo r c a use or resi gned in lieu of dismissal .
(g) The appli c ant has a record of co nv iction of c rime.
Evidence of r ehabilitation shall be considered . Consideration of
CRS 24-5-101 (1973) will be g iven .
(h) Th e a pplicant 's past reco rd of employment is determi ned to
be unsatisfactory by the Employee Relations Di r ector.
17
Whenev e r an appli cant or application l s reject ed , notice of
such rejection shall be given to t he applicant. 'Ille ~loyee
Relations Director may refuse to examine an applicant or, after
examination, may r e fuse to certify as eligibl e any applicant who is
found to l ack any of the requirements establis hed for the posi tion
of errployment for which the person has applied; o r any applicant who
has made a f alse s tatement of any materi3l fact; or who directly or
indirectly gave, paid or promised to give any roney, service or
other valuable t hing to any person for or on account of, or in
co nn ection with, his select!~., process or appointment; er ha s
pr acti ced , or attempted to practice any Jeception o r fraud in the
selection process of any such a ppl ication, certificate fil ed in
connection with or in securing eligibility or a,:,pointment, or who
refuses to furnish testimony as required by law, and any applicant
who corrrnit s any such act o r acts shall , if hired, be s ubj ect to
d ismissal.
5-14-7: AUTHOR IZAT!O, FOR EMPLOYMENT
No person shall be g iven employment in the Ca r eer Service
until the department head shall have notified the Employee Rela t i ons
Di r ecto r in writing o f the need for such empl oyee in s uch ma nner as
these rules and other regulations may prescribe, the City Manager
has authorized t he employme nt , a nd t he Empl oyee Re l a tions Directo r
s hall have certified such pe r son as el igible for appoi ntme nt.
5-15-1:
CHAf'l'ER 1~
SE LECT [00/AINANCEMf.NT
DETERMINCNG EXAM I NATIOO DEVI CES
The Empl oyee Relations Di r ector , in consul t ation with
depa rtment heads ; shall dete rmi ne which ~x amining device o r
combination of devi ces wi 11 be used t o evalua t e t he r e l a t ive fitness
of appl i cants and condu ct the exam inations .
The ex amin at ion de vice selected wi 11 be determined by the
Employee Re l a t ions Director to relate t o the duties and
responsibiliti es of the po sit i on for which candidates are being
exam ined , t o be impartial , and to fairly apprai se and determine the
relati ve knowledge , skill , ability ancl qual ification~ of c andidates
to perform in the position.
The Employee Relations Director may use a varie ty of devices ,
i ncluding , but not necessa ri ly 1 imi ted to, assessment of training,
educa tio n ard ¥K>rk exE,,erience; written , o ral or performance tests;
tests of physical agili ty o r capabili ty; medical and psychological
examinations ; refe rence checks and backgroWld invest igations ; and
o ral interviews , s ingula rly or in any comb ination. Each dev i c e
18
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utilized will be admi nist e r ed on a s t andardized basis to assure
equity .
Examinations shall be practical in natu re and shall be
const ructed to reveal the capacity of the candidates for the
part icul a r posi t ion for 1<hich they are competing , their gene ral
background and relative know l edge, skills and abilities and any
cha r a.::L e r o r pe r sonal traits which are job-related.
5-1 5-2: DE LffiAT I ON OF EXAMINATION FUNCTION
The Employee Relat i ons Director may delegate authority within
the Ca reer Se rvice System t o pe rfo rm rec ruitment, examination, and
referral acti v i tie,. on either open-compe ti ~i ve or prorootional
examinations . The ~xercise of thi s a uthority by the delegate(s)
shall be s ubject to review by the Employee Re lations Di rector .
5-15-3 : OPEN Ca,\PE:'l'ITIVE, PRl),IOTIONAL, AN D
CO>\BINATIOO EXAMINATIOI S
Positions in the Career Se rvice s ha ll be filled through a
cornpeti ti ve examination process open to the public and based on
merit and fitness . When the Employe e Relations Di r ector determines
t hat t he r e a r e s uffic ient numbers of qualified potential applicants
withi n the City service t o assure effective competition and an
adequate eligibile list , an exam ination may be limited t o eligible
employees within the City se r v ice.
When it is determi ned that the r e will be a proroot ional
examination , t he Emp l oyee Rela ti ons Di r ec t o r shall designate the
lowe r class o r c lasses in which employees are el igible , the r eq uired
period of service in such class (es) and the depa r tme nts to wh ich the
examina ti on will be rest ri cted .
Proirotiona l examina ti ons shall be ope n t o any emp loyee in the
classified service who meets the eligibility r equirements desc ribed
fo r the class fo r whi ch the e xami nation is being given .
When there a r e qualified potential appl icants within the c ity
service , but not enough t o assure an adequate el igibl e list, exami n-
ations may be given on both an open-competitive and prorootional
basis .
Open continuous examinat i o ns may be given when market condi -
tions indicate a probable sca r c i ty of eligibles. App l icants may be
exam ined and placed on an eligible list as rece ived , prov i ded the re
is good r eason to bel i eve all qualified persons who apply will have
an opportun i ty fo r consideration fo r appointment .
19
5-15-4: QUALH'YING EXAMINATICJ,IS
'lt,e Employee Relations Di rec t o r may conduct a qua lifying
examination when:
(,,) a n ell'f)loyee transfe r s from a position in one c lass to a
posi t i on in another class in the same pay r ange for whi c h (s) he has
not previously passed an examination; or
(bl t o dete rmine qualifications for another classification in
a reduct i on-in-force action or derrotion.
5-15-5: MEDICAL EXAMINATION
Applicants for positions in the Career Servi ce may be required
t o und e rgo med ical examinat ion to determine physical and mental
f i t ness to perform the work of the po s i tion fo r which they are being
considered fo r appoi ntment. I n lieu of the medical examination , an
applicant may be requested to subm it a certificate of good health
with the appli cation .
De t e rmination of physi cal o r rrental fitness wi ll be by a
physician o r physicians or other autho rity designated t y _,,.
acceptable to the Employee Rela t i ons Direc tor.
Applicants or el igibles dete rmined t o be physically or
men t ally un f it t o pe r form the duties of the class or part i cular
po s ition shall not be conside r ed qualified for appointment to that
c lass or position (s ).
5-15-6 : CONDUCT OF EXAMINATIONS
(a ) When wr itten examinations a r e used , the exam ination will
be conducted in a place or places found convenient for applicants
and practic al fo r adm i ni s tration.
(D) The Empl oyee Relations Director may ues ignate rronito rs t o
take cha rge o '.: t he e xamination unde r i ns t ructi ons prescribed by the
Di rector .
(c) The Empl oyee Re lations Di recto r may conduct spec i a l
e xamin ations at times nnd places apa rt f rom the reg ula r e xam i na ti on
when it i s deemed expedient.
(d ) r.n y e xami nat i on may be po stponed o r c anceled at the
d i s cretion of the Empl oyee Rela ti ons Dir<,cto r. Applica r.ts shall be
no tifi ed of the po s tponemen t o r cance ll ation .
(e) Ca nd ida t es ma y not take into or use any una utho ri zed
mate ri als i n any e xam ina ti on .
20
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(f ) COlll1llnic ation between candidates d uring a written
examinati on shall be prohibited .
·,) Candidates may not conm.micate the content of any
exam. •.ion t o other applicants o r potential appl icants.
5-15-7 : CO'!PETITIVENESS
An exami nation shall be deemed competit ive regardless of the
number of e xamin ees when (1) the Employe e Relations Director has
established qua li f i ca tions and r equirements fo r adm i ssion t o and
s uccessful completion o f the examination that (s )he determines are
ba sed upon reasonable ed ucation , expe rience , and personal standards;
(2) a reasona bl e o pportunity to apply is afforded p... tPnt i ally
qualified persons; and , (3) all ex aminees compe te agai nst comro n
standa rds.
5-1 5-8: MAKE-UP EXAMINATIONS
A ca ndi date who f a ils t o appear as scheduled for an
exam i nation may r eques t a make -up examination. The request may be
g r anted by the Empl oyee Relations Director if the Directo r deter-
mines good and s uffi ~i ent reason e xi sts and only if the t,pe of
examination and time schedule permits . Make-up examinations shall
be de,igned to eva lua te factors ex~:,ined in a s ubstantially similar
mann er as th e initial examinati on.
5-15 -9: Pl.ACEl'IENT ON ELI GIBLE LI STS
cand idates who pass a competi t ive e xamina tion or make-up
exam inat ion shall be placed on an e ligi ble l ist for the pos ition for
whi ch the exami nation was given. Pa ssing sco r e shall be determined
by the Emp loyee Relations Di recto r in con s ul tat ion with the depa r t -
ment head.
The cand i date 's inclusion on the eligible l ist will be
de t e rmined by hi s fi nal earned examin ation sco re plus, when
applicable , veter ans poi nts .
5-15-10 : METH OD OF CONSTRUCTION AND RATING OF EXAMINATIONS
The determination of appro pr iat e written , pe rfo rmance o r o t he r
tests; the methoo.3-of evalua ting exper i ence , educat i on and training ;
and of weights to bt assigned to vari ous parts of the exami nation
shall be de termined by the Employee Relations Di r ecto r .
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5-15-11 : RATH,(; OF EXPER I ENCE AND EDUCATION
When rating of e xperience and ed ucation forms a part of o r the
total e xamination, the Employee Re lations Director shall dete rmine a
procedure based on meri t pr inciples fo r the evaluation of the
educational and experience quali fications of the applicants .
The Employee Re l a tions Directo r may verify an applic ant 's
expe r ience and education. If the investigation brings out
info rma tion affecting the rating of experi e nce , educa tion or
trai n i ng, the Emp loyee Re lations Director may r a~e the candidate
accordingly or make the necessa r y revi sion of t he r at ing a nd so
notify the c andidat e .
5 ·15-12: VETERANS PREFERENCE POINTS
Vete rans who , for other than training purposes , s erved on
a c tive duty i n any branch of the Armed Fo rces o f t.he Uni t ed States
during a;,1 pe ·iod of any declared war o r any undeclared war o r other
a rmed h0.:;Li li ties against an armed f o reign enemy , o r who se rved on
ac tive duty in any branch of the U.S. Armed Forces in any c~ign
o r exped ition for which a campaig n badge i s authorized , and wh o were
seoarated unde r hono rable condi t ions, and the unrema rr ied wi dows of
s uch vet e r a ns, shall have 5 points added to a passing g rade on
o pe n-competitive e xami nati ons . If the vete r an, because of
d i sabilil/ incurred in the line of duty , is r ece i v ing rron etar y
compensa tion or disabi li ty retirement benef i ts by r e a son of public
laws adm in istered by the De partment o f Defense o r the Veterans
Administration or any successo r thereto , he shall have 5 addit ional
points added t o a passi ng grade on open-competiti ve examinations.
Applicants (1) including ve t e rans , di sabled ve t e r ans , and
unma rr ied widows of vete rans , cla i ming vetetans po ints nust s ubn it a
ce rt if i ed o r photosta t ic copy of Fo rm 00214 or compa rable certifi-
cates and (2) any othe r documents necessa r y • • establish their
entitlement , f r om the Departme nt o f Def ense , the United St ates
Vete rans Administrati on o r othe r appr opriate agency. Chee a veteran
o r wi do w of a vete ran who is elig i bl e to recei ve prefe rence points
has been appoi :,ted to~ posi tion in t he Ci ty Caree r Se r v i ce Sys t em ,
the pe r son may no t ha ve vete r ans poi nts added to any f uture
exam i nations taken for a position in the City of Engle""od ca r ee r
Se rvice .
5-15-13 : NarlF !CATION OF EXAMINATION RES UL TS
Each person who ta1<es an examination shall be g iven writ ten
notice as to whether (s)he qualified on s uc h examination . Eligi bles
shall be advised of their sco re and if they we r e placed on the
eligible list. The o ffi cial pos ti ng place of exam ination r esults
and e ligible lists s ha ll be the Employee Relations o ffice . In his
disc re tion, the Empl oyee Relati ons Di rector may send i nfo rma tional
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unofficial results and lists to such places he determines
a ppropriate .
5-15-14 : IN SPECTION OF EXAMINATION RES ULTS
Each pers on taking an examination shall be entitled to one (1)
inspection of his/her rating and examination papers within ten (10)
days following the notification of examination results , unless
waived by the Employee Relations Directo r fo r just cause .
rnspections s hall be permitted only during regu l ar business hours .
Exam inat ion papers sha ll not be open to the general public .
5-15-15: Alll US'IMENT OF ERRORS
If a manifest error in the rating of an examination is, in
wr i ti ng , called t o the attent ion of the Employee Rela t ions Director
with in t en (10) days after notification of the exam inati on results,
the Director shall co rrec t s uch er r o r if he deems it significant.
Such cor r ection shall extend only t o placemen t of the applicant on
the elig ible list but shall not invalidate any appointme,t pre-
viously mad e from the eligible list.
5-i 5-1 6. REVIEJ.o/ AND APPEAL 00 AD°'IISS[ON TO
AN D CONDUCT OF EXAM INATIOO S
candida t es may with in five (5) days from the date on which
notice c f denial of entrance o r of e xamination res ults i s g iven ,
request review nf the examination admission, conduc t or sco ring
p rocedures . During that 5-day per,oc., if he believes he wa s
improperly dc,11 ed admission or the examination wa s not properly
conduc t ed o r ..e s r.ot rated in acco r dcmce with the procedures
r equi r ed by t ~r. :P Rules , a candida t e may file a wri t ten petition for
r ev i ew by t he Emplcyee Relations Director .
I f , pursuant to a request unde r the above pa r agraph , the
Employee Rel a t i i ons Di rector reviews admission procedures 0 r the
conduct and sco r i ng of t he e xamina ti on and de t e rmines that there
wer e no ir regularit ies in t he cond uct o f t he e xaminat ion o r that t he
a ppli cant was properl y denied admission , he shall give written
no tice t o the candidate of hi s dete rmination . The Em;:,loyee
Relations Di rector shall also advi se a candidate who is a full-time
permanent classified employee that he has a right to a mer i t a ppeal.
Appl icancs appealing exam ination adm i ss i on shall not be
conditionally allowed to take a ny pa rt of the exam ination un less
this i s dete r mined to be c pp r opriate by the Employee Rela tions
Di rector . If the applicant 's appea l is resolved in his f avo r, the
Di r ecto r shall ta,.e the necc"Sary action to exam ine the applicant.
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The outcome of an appea l shall e xtend on ly to placement of an
appellant on an eligible list but shall not affect t he validity o f
any appointment previously made from an elig ibl e list .
5-15-17: COOFIDEN1'IALITY OF EXAMINATION MATERIALS
All ex aminations and test ma t erials shall be r eg arded as
pr i vileged and confidential informati on and not av,,ilabl e for publ ic
inspect ion.
5-1 5-18: PRarESTS
Pe r sons othe r than full time permanent classified employees who
believe that their applica tions ha ve been erroneously r eject ed o r
who believe that their e xaminations have be en inco rrectly rated ma y
p r esent their prot est t o the Employee Re l ations Director for
consideration.
5-15-19: ESTABLISHMENT OF EL IGIBLE LISTS
The Emp l oyee Relat i ons Di r ecto r shall establish and ma intain
el i gibl e li s ts fo r var ious c l asses of positions a s may be necessary
to meet the needs of the classified se r vice. Open competitive and
proiro t ional eligible lists shall contai n t he names of t hose persons
who have successfully guali f ied in the examinations accor ding to
final ea rned scorn plus vete r an 's pre fer ence points .
5-1 5-20 : TYPES OF ELIG IB LE LI STS
(a) Open Competi tive Eligible List: An eligible list res ul ting
f rom an open competitive e xami nation contains names of e xaminees
qualif i ed by examination , including vete ran 's prefe rence points.
(b) Proirotional Elig i ble List, City-Wide: An e ligible list
resulting from ~ proirotiona l exam i na tion open t o any classi f ied City
emp loyee el i gi ble to compete on a proirot iona l basis contai ns names
o f employees gualified by exami na t i on.
(c) Combina t ion El igibl e List : An eligi ble li st resu lting f rom
an examination gi ven as open compe tition and proirotional containi ng
the names of candida tes and employees gualifi ed by the
ex amination(s), incluct ir.g veterans 's prefe rence point s added to
candidates sco res on open competitive examinations .
5-15-21: USE OF ELIGIBLE LISTS
Appointments t o vaca ncies in the Ca ree r Se r vice s hall be made
from eligibl e lis t s established throug h the competitive examin ation
process unless t he Elnployee Relat i ons Director de t e rmines that the
vacancy may he filled by transfe r, de roti on , reempl oyment , or,
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temporary o r other appointment provided by t ,•r,e regulations or
charter .
5-15-22 : DURATI'l'l OF ELIGIBLE \.IS'l'S
Eligible lists shall exist for a one-yea r per iod unless, (1)
exhausted or canceled by the Employee Relation , Director at an
earlier time, or (2) extended by the Employee F:,,,ations Director for
an additional period not to exceed one year.
5-15-23: REPLENISHMENT OF ELIGrnLE LISTS
If the Employee Relations Di rector determines that an eligible
list , although not exhausted, is inadequate for the filling '.lf
anticipated vacancies during the normal life of the list, he may
announce a new examination for the purpos" of replenishing such a
list.
At the time of the announcement of s uch exami nation , all
eligibles remaining on the el igible list shall be notified and
advised that they may take the exami nati on , if they so desi r e .
5-15-24: ABOLITION OR SUPERSESSICJ,i OF ELIGIBLE LISTS
The Employee Relations Di recto r may abolish and/or supersede
an eligible list before its normal expiration date when he
determ ines that continuation of the lis t would result i n an
untenable situation in the City s e rvice . A statement of the reasons
fo r s uch abolition "r supersession s hall be e ntered in the records
of the Employee Relations Department.
5-15-25 : REMOVAL OF NAMES FRCJ,\ ELIGIDLE LISTS
The Employee Relations Di rector may remov e the names of any
pe r sons from e ligible lists for the following causes:
(a) When the pe rson is appointed to a position from the list;
(b ) When the pe r son is appointed to a position in a higher pay
g rade, unless the pe r son requests and the Emp l oyee Relations
Director approves r etention of his name on the list for good and
sufficient c ause , o r when the person declines appointment tu a
posi t ion ;
(c) When t he pe r son fa ils t o report as directed for an
employment interview or for an add i ti onal part or phase of an
e xamination;
(d) When the pe r son [ails t o r espond to a referral within the
t i me allowed ;
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(e ) When the person fails t o comply with the written
instructions from the Department of ~loyee Relations;
(f) Failure to respond, within the time specified in the
notice, to any inquiry of the Employee Relations Director,
department heads , or appoi nting authority;
(g) Not i ce by postal authorities of their inability to locate
the eligible at last-known address .
(h) Failure to report for work a fter accept1nce of
appointment.
(i) Appointment through ce r tification from the eligibl e lis t
to another c lass at the same o r higher pay range . In such case , at
the request of the appointee , his/her name may be continued on any
or all lists other than the one from which the appo intment was made,
for •. ,e remainder of the period of eligibility on such lists . In
the case o f proiro tional lists upon separation other t han layoff from
the city service ;
(j) Whenever an eligi ble notifies the Employee Re lations
off i ce of unavailability for employment o r e mpl oymen t
consideration;
(k) When the el i gible has r eached mandatory retirement age or
will reach mandatory r etirement age during the life o f the
eligibility list; and
(1) When found by medical o r othe r examination to be
physically or mentally unfit for se rvi ce in a class .
5-1 5-26 : NarIFICATI ON OF REMOVAL FRa-1 C:LIGIB LE LIST
Whe neve r an e ligible 's name is removed f rom a elig ible lis t,
the Employee Re lations Directo r shall notify the elig ible of s uch
action.
5-15-27: NAMES ERRONEOUSLY a-1ITTED OR DELETED
The name of a per son er roneous ly omitted o r deleted from an
e ligible list shall be r esto r ed or added whenever such action i s
appr oved by the Employee Relations Di r ecto r.
5-1 5-28 : SCORING ERRORS
When, s ubsequen t to the es tablishment of an e lig ible list,
Il\3themat i cal scoring er ro rs a re d i scovered or vete rans poin t s
g r anted , the fi nal sco res of e ligibles shall be ad jus ted
acco r dingly .
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5-15-29: EFF'::CT OF RESTORATIOO OR ADDI'rroo OF NAMES
Neither restoration or addition of name s to eligibles list nor
adjustment of f inal scores :;hall affect appointments made prior to
the action.
5-15-30: SELECTIOO PROCESS
The selection process is defined as the process by which a
vacant position is filled. A vacant position is either a newly
c reated position or an ex isting position no longer occu pied by an
incumbent . 'f'he selection process may include recruitment, c andidJte
evaluation and examination , certification and final appo intment.
5-15-31: PROCEDURE FOR FILLING VACANCIES
All vacancies in tl1e classified se rvice shaU be filled by
original appointment, promotional appointment, reemployment,
reinstateme nt, transfer, dem::>tion, temporary ap'EX)i ntment, or acting
appointment by the appointing authority o r designee.
Wh e neve r a vacancy i s to be filled the Employe e Relations
Director shall certi fy the name s from the appropriate eligible
list (s) or authorize other appointment as may be deemed necessary
and proper. The appointing authority shall select from the names
ce rtified or as othe rwi se a uthorized under the conditions and terms
specified i n these regulations or charter.
When the number of names from an eligible list for filling any
vacancy is five (5) o r less, the depa rtment head may r ecomnend an
appointment or that a new list be established. The appointing
autho rity may make an appointment from the available names, or may
decline appointment fo r that vacancy and requ est that a new lis t be
established and , in the inte rim, that the position be fi lled in any
manner provided by these procedures.
5-15-32: APPOIN'IMENT 11) UNCLASSIFIED OR EXEMPT POSITIONS
Appointments to exempt or unclassi fied posit ions may be made
on a non-competitive oas i s .
Appointments shall be mad e only from applicants determined to
meet the minimum qualifications for the class o r position.
5-15-33: AUTliOR[Z ED AND J::STAllLISHED POSITIONS
No appointments in the Ca reer Se rvice s hall be made except to
positions specifically and duly authorized by the City Manage r and
established and classified by the Employee Relations Director.
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5-15-34: TYPES OF APPOlN'IMfl'ITS
Permanent appointments are made from a lay-off list,
reinstatement , a n eliaible l ist , or by promotion , demotion or
transfe r to a permanent po sition .
5-15-35 : PERMANENT APPOlN'IMENTS
Permanent a ppointments are without spec ifiP.d duration and
remain in effect until the a ppointee voluntarily separates, is
involuntarily separate d, or the position i s abolished.
5-15 -36: TEMPORARY APPOIN'IMEN1'S
Tempo rary appoi ntme nts without exam inations not to exceed
twe l ve 112) months in du r ation , may be made to either permanent ,
c lass ified , tem po rary, or pa r t-time pos i tions .
A person appointed on a temporary basis is not eligible fot
the rights, privileges and benefits conferred through these
procedures e;.cept as otherwise specified .
5-15-37 : PART-'!' lME APPOIN'IMEN'l'S
An appointment o f a person on l e s s than a full-time basis may
be made to either an authorized full-time o r part-time posi tion.
Schedu l ed wo rk hours for a person appoi nted on a pa rt-time basis
shall be less than an average of 40 hou r s work each we e k . A port-
time appointment may be permanent or temporary and may be made
witho ut r ega rd to provisions of these proced ures . Appointments will
only be made from applic ants determined to meet the minimum requ ire-
ments for the position .
5-1 5-38: REEMPLO YMENT
A former e mployee wh o is separated from City e~ployment either
because s(he) r e sign s in good sta nd ing o r thei r position comes t o a n
end , may be r eemployed in thei r same or lowe r classification by the
City Manage r , within five (5 ) years from the da le of sep<1ration .
With the approval of ~he Employee Re l ations Directo r
re empl oymen t may be mad e without examination provided the mini.mm
qu a lif ications fo r the po s ition have be e n met and the employee is
physicaslly and mentally ca pable o f per fo rming the dut i es of the
pos iti on.
If a fo rme r emp loye e i s r e empl oyed , s (he) mus t once again
se rve a pro ba t iona r y pe r i od. With the a pp roval of the Employee
Re l a tions Di r ecto r, the fo rmer emp l oyee ma y be r eemployed in a
diffe rent class of eq ua l or l owe r grade [o r whi c h the 'mp loyee i s
qualifi ed .
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5-16-1:
CHAPTEH 16
PROBATia-lARY PERIOD
GEN ERAL
All appointment s to positions in the classified service shall
be subject to satisfactory completion of a probationary period.
This is applicable not only to the first appoi ntment but also to any
s ubsequen t appointment .
The probationary period s hall be regarded as a integral pa rt
of the select ion process and shall be utili zed for closely observing
the emp loyee's wo r k for evaluat ing the em ployee 's ability to perform
the actual duti es of the po si tion; fo r securing the roost effective
adjustment of a new or proll'O t e d employee to the position; and for
separating or dell'Oting any em pl oyee whose performance or conduct is
not satisfactory.
5-16-2 : IJ!JRA1'ION OF PROBATIONARY PERIOD
The probat ionary period for any original entrance appointment
in the classified se rvice shall be twelve (12) ll'Onths in duration.
Permanent employees proll'Oted to higher l evel position in the
classified service shall ser ve a probationary period of no less than
six (6) ll'Onth s and no longer than twelve (12) months in duration.
5-16 -3: ca-\PLETION OF PROBATIONARY PERIOD
The s upe rvi sor may r eco,rrnend to the appointing authority
r emova l of a ny em ployee during the pr obationary pe riod if
observation and eva luation have indicated that the employee is
unwill ing o r unable t o satisfactorily perfo r m the duties of the
position , o r that the employee 's habits or lack of dependabi lity do
not me ri t continuance in the position. Probationa ry employees do
not have the right of hearing to review their dismissal.
5-16-4: PRO>\O'l'I ONS ; PROBAT trlNARY PERIOD
The purpose 0f the probationa r y E-<'riod following a promotion
is the same as for ·,riginal entrance appointments .
If an employee t ails to pe r h r m se tisfact crily dur ing the
probati onary pe riod fol ;_owing a pr voro tion and is subsequently
dell'Oted , the employee shall be entitled to r eturn t o a pos i tion in
his/he r former class ification at his/her previous rate of pay
provided the dell'Oted employee had acqui r ed per manent status in the
fo nne r po s ition .
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5-16-5: PROllATICl,IARY PERIOD REPORTS
Thro ugho ut the proba t ionary pe ri od , the empl oyee 's s upe r visor
will obse rve the employee 's perfonl\ilflce and will d i scuss a ny
streng ths and wea knesses in performa nce with the employee .
Prio r Lo t he ex pira ti on date o f an employee 's probationary
period, the supervisor s ha ll compl e t e an evaluation r e port of the
em ployee 's performanc e a nd di s cus s the report with the empl oyee .
The eva luat i on r epo r t wi ll state in writing wh ethe r o r not the
employee has pe r fo rmed sati sfact o r ily during the proba tionary
period .
Th e eva,uation r e port s hall be sent to the Empl oye e Relations
Di recto r p r ior to the e xp ira t ion date of the employee's p robati onary
peri od i nd icat ing that:
(a) The em ployee 's pe rformance is sati sfact o ry and (s ) he
should be re t a ined in t he p:>si tion; or
(b) The employee 's conduc t or pe r fo r mance is un sati s f ac t o ry
and tha t hi s/he r r emo val is pr oposed as of a specific da t e prio r t o
the end of t ,1e p roba t i onary period;
5-1 6-6: CCl'1PLET!l:-I OF ffiOBATIONARY PERIOD
Upo n satisfactor y compl etion of the probationary period ,
emp l oyees become eligi ble for considera tion for perman ent status as
may be gran ted by the appointing a utho rity . Em ployees may become
eligibl e fo r considerat ion fo r merit or o the r pay inc r ea s es a t such
times and in ~uch amo unt s as t he appo i n ti ng au t hori t y ma y de t e rm i ne
t o be appropr iat e and within these adm ini s trative procedures .
5-16 -7 : DEMCYrIOO OR TRANSFER DURING PROBATICl,IARY PERIOD
An employee t r ansfe r red o r demo t ed to anothe r position with
similar or l esser qual i fica t ions in the same depa r tme nt s hall se r ve
a six-month probat i ona r 1 pe ri od or complete his current probationary
period , whi chever is g reat e r .
An employee t r ansfer r ed, o r t r ansferred and demoted to another
position with simila r o r l esse r qualifications i n a d i f f e r ent
depa r tment s hall begin a new pr obationary per i od .
An employee transferr ed o r demo t ed to another pos i tion wi th
substantially different qualif i cat ions shall begin a new
probationa r y pe r iod unless the employee al ready has permanent s tatus
in t hat classi fi cati on o r a hi ghe r classi f ication i n t he same
ser i es .
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5--16-8: PERMANENT STATUS
An ~mpl oyee who i s appointed from dn exa,oinat1on eligi ble lis t
to a pe rma nent classified position shall have permanent s tatus in
that posit ion after {s )he sati sfactorily completes the required
probation,,ry period. Ce r t i ficat i on to a permanent position shall be
by the City Manayer o r designee after the receipt and r eview of the
P.lllploy ee 's probation and satisfactory eval uation .
Permanent c lassified employees s hall be granted all the rights
and benef its specified in these regul a Lions, o rdinances and cha rter.
5-17 -1:
OIAPTER 17
PRCl'IOTION , D™<JTION , TRANSFER
GENERAL
Vacancies i n positions aboce the e ntry level in the classified
service may be fi lled by qualified and inter ested empl oyees within
the City service , unless it is determined by the Employee Relat'.ons
Director in consulta ti on with the depa rtment head to be in the best
i nte r est of the City service to open the position t o candidat es
recruited f rom outside the c i ty service.
5-17-2 : Pl1Cl'IOTION POLICY
City employees are encouraged to develop new skills , expand
knowledge 0f their work , assume g reate r responsibi lities , make known
their qualificat i ons for promot i on to more d ifficult and r e sponsible
pos i tions , and compete in all exaioinations fo r which they are
qualified .
5-17-3: Ml:.'!'HOD OF PRil'ICYrICl>I
An employee may be el igible t o be pr omoted if (s) he meets the
qualifications fo r a position in a class ifi cation in a higher pay
range and further q uali f ies by attai ning a sco re satisfactory to the
depa r tment head and appointir,g autho r ity on a promot ional
examination fo r the position.
5-17-4: DEMOTIONS
An employee may be demoted to a position in a lower !)aY g r ade
for which the Employee Rel at ions Di r ecto r determines s (he) is
q ualified when:
(a) The position held by the emp loyee i s aboli shed .
(b) The position held by t he employee is r eclassified to a
lower g rade .
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(c) The employee is displ aced from his posi tion by another
employ ee with mor e quality and/or length of s ervice as determined by
the Cl ty Manag e r or designee .
(d) •rhe employee voluntarily requests a l owe r class ification.
(e ) The employee does not render satisfactory service in the
pos ition held.
A demot ed employee 's pay r ate s ha ll be de termi ned by the
Depa rtment Head and t he Employee Relations Di r ector, but shall be no
higher than the maximum pay rate for the lowe r c lass to which the
ernpl oy e•• wa s demo t ed .
5--17-5: DEM<JrION DUE TO ABOLIShMENT OF POS ITION
When the po siti on he l d by an employee i s abolished and the
employee ha s iess qual ity and length of service than any other
employee in t he same class in the same de partment , the empl oyee may
be demo ted t o a lower level c l ass fo r which (s) he and in whi ch (s) he
has g r eater q clillity and leng t h of service than anothe r employee .
When demo tion occurs as a r esult of abo l i tion of the
emp loyee 's position, the employee •:-,; paj, shall remai n at the ::;ame
rate i n the l ower pay g r ade except that no more than the maximum pay
rate fo r t he lower class may be paid.
5-17-7: DEMITTION DUE TO RECLASSIFICATION
If reclass ificati on of a posi tion r esults i n its allocati on t o
a lowe r level a nd pay r ange , the employee shall be demo ted t o t he
lower level position .
When derrot i on occurs as a result of reclassification, the
employ~e' s pay shall r emain at the same r a t e in the lowe r pay g r ade ,
except that no mo re than the maximum rate fo r t he class may be
paid .
5-17 -8: VOLUNTARY DE1'\ITTI ONS
An empl oyee may be demoted to a po s ition i n a class with a
lowe r pay range upon wr itten request to the department directo r
subject t o the approval of the appointing a utho rity. The Empl oye e
Re l ations Direct or s ha ll dete r mi ne whether the empl oyee is q ual i fied
to pe r fo rm the dut ies and r esponsibili ties o f the lowe r class
pos i t ion .
When demotion i s volunta r y , t he employee 's pay rate shall be
dete r mined by the Employee Relati ons Di r ector , but shall be no
higher than the max i mum pay r ate fo r the lower class.
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5-17-9: 'l'RAN Sf'ERS
A po sition may be fi lled by t ransf erring an employee from a
po si tion in the same cla ss or in a dif f erent class in the same pay
range involving the per fo rmanc e of similar duties and r equi r ing
essent ially t he s ame bas i c q uali ficati ons .
(a ) I NTRAOEPAR'l1'\ENTAL TRANSF ER : A Depa r tment Hea d may
t r a nsfer a n empl oy ee f rom one po si tion to a no t her po s ition i n the
sa-ne clas s at a ny time .
Tra nsfe r o f an empl oyee from a pos ition i n one c las s t o a
position in ano the r class ma \ be made only betwee n c l a sses in the
s ame pay r ange , pr ov ided the Employee Re l ations Di r ector certi f i e s
that the empl oyee mee ts the mi n imLUn qualifications for the clas s .
(b) IN"r ERDE PAR'l1'\ENTAL TRAN SF ER : A tra nsfe r of an em plo:fee
f r om a position i n one deparunent to a po s ition in the same class in
a different d epar tme nt ma y be made . A t rans f e r of an employee f rom
a posi tion in one de pa r tme nt to a po siti on in a d i f f ere n t class i n
another de pa r tme nt ma y be made .
such t ransfer s are s ub ject t o t he a pprov a l of both the
depa rtment heads and to t he Empl oyee Re lations Di r ecto r's dete r mina-
t ion tha t t he employee meets the min imum q ua lif i cations k r the
class . A pr oba t ionary pe r ioci s hall be ser ved whe n a n employee transfers from
a po s ition t o anothe r posit ion .
5··18-1:
OW71'ER 18
PERFORMANCE 1:.'VAWATION
GENERAL
E)nployee perfo r mance evaluation and d irect ion a r e t he
continuing day-to-day respon~ibi lity of superviso r s . 1'1e r e is
recog nition of the r1 eed , for a f rmali zed pe r fo rmance evaluation
syst em to assist manag ement in ma king pe rsonne l dec i sions . 'Ille
pe r fo r ma nce evaluation syst em may accomplish t he followi ng:
(1) Standards . Pr ov i de employees with expected standards and
to gi ve t hem r egula r feed back on t heir puforman ce r e l at ive t o those
standa rds .
(1.) Exami nation-Performa nce Hel alionshiP._. Dete r mine if those
employees who sco r e the highest on the s election test become t he
highe r performer s on t he job .
..:1
(3 ) Pro,ootion . Based i n pa r t upon past pe r fo rmar.ce , t he
evaluation system may allow compa ri sons amo ng potentia l promot ees in
a mo r e o b jective f ashion .
(4 ) Tr ai nt,.,ng· Doc umeutation of an emplo yee's s tre ngths and
we aknesses ma y used in mak ing train ing dec i s i ons , whe ther thi s
training i s fo rmal o r in(o rma l , on site o r of f gj i.:.e .
(5) Counseli ng and car ee r Deve l of;rent . Th e ;,e r fo rmance re vi e w
p, :,,,ess bet l*-e n a n employee and t he empoye e 's s upe rv isor prov i de s a
settil'g fo r counsel ing empl oyees about job pe r fo rma nce and ca reer
deve 1.o pne nt plans , e tc .
(6 ) Demotio n o r 'l'erm!nat ion . 'Ille evaluat ion s ys t em may be used
as part i a l documenta t i on and J ustification fo r the de motion o r
t e rmi nat ion of incompet ent employees.
(7) Feedback . The e ,aluat ion p r ocess can provide va luabl e
i nfo rma tio'1 t o e mployt:?es ol· t hei r streng t hs , wea kn esses , and
potent J a l fo r g r owth .
5-18-2 : PROCEDURE FQ; ANNU AL El"I PLOYE E
PERFORMANCL' EW.LUATI(l,I
At the e nd o f an empl oye, 's proba tio .1a r y pe r iod and a t l e ast
ann ual l y the reaf t e r on the emp ~oy ee 's annive rsa ry da te , o r at s uch
othe r time as ma y be des i gnat ed . the supe rvi so r s ha ll com plet e an
empl oyee pe r fo r man ce evaluation form rev i ewing and evaluating the
employee 's jo.., pe r formance , cons i de r ing any changes that may have
occu rred i n the job or othe r fac t or~ wh i ch mi ght affect job
pe r fo rmance , no t ing str engths and capabilities wo r thy of speci al
men t ion , and areas whe r e i mpr ovement is needed. '!he supe r visor and
empl oyee wi 11 cher, mee t t o condu c t the s upe r visor-em ployee rev iew and
di scussi on.
5-18-3: ANNUAL EMPLOYEE PERFORMANCE EVALUA'l'!(l,I
Prio r to an emplo yee 's annive rsary date , the employee 's
su pe rviso r shall co nduct an annual employee perfo rmanc e e valuation.
Th e annua l evalua t ion is a sUJTlllary o f the Sup:!rviso r 's obse rva tion of
the employee duri ng the pr eced ing yea r, and a summary of the
empl oyee 's pe r fcrma nce in te rms of a variet y ot jotrrela t ed f <1c t o rs ,
an d wh ethe r the employee is perform ing in those a r eas at an
accepta bl e o r unacceptable level of compete nce . The eval uation may
also include a plan to develop st r engths , idenr.ify and imp rove weak
a reas , and reco rd the employee 's obse rvations oL work assignments
dur i Pg t he yea r .
Proper use of the annual employee pe r fo r ma nce evaluat i on will
se rve as a means fo r identi [ying wo rk requi rements and keeping
t::mployees and supervisr,rs info rmed of them , i dentifying t ra ining
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needs, he lping improve indi vicJal performance, r ecognizing
outstanding accomplishments, helping to s trengthen
employee-supervisor relationships, emphasizing the employee 's
contribution to the organization's programs , and helping to identify
strengths and weaknesses in the programs.
5-18-4 : M,;..:,;~ ~~PERVI SOR -F.MPLOYEE orscussra-1
The supervisor and employee will thoroughly review the
employee 's current position description and othe r written assignments
to review and clarify job requi rernents and duties assigned and to
note any major changes that have taken place in the employee 's job.
The supervisor will note major changes which may have an impact on
the employee 's classification or will r equest a change to the
employee 's position des~rlption and will s ubmit these changes to the
Elnployee Relations Department through the department head .
The s upervisor and employee will then discuss specific job
behavior evidenced by the employee du ring the rating period . The
superviso r and employee shou l d also discuss the employee ' 5 career
deve lopnent plans , special wo r k inte r ests , projects o r assignments of
interest, and particular trair.ing inte rests or ne eds . The employee 's
general obse rvations of the depa rtment's prog rams and his i deas about
improving assignments , fun c tions and wor• procedures should oe
particularly encouraged . The emplo yee should hava the opportunity to
discuss any othe r points and may attach corrrnents to t he supervisor's
eva luation.
The employee will cer tify by signing and dating the employee
pe r formance eva luation fo rm that (s) he has r eceived the evaluatic,n ,
that it ha s been discussed with him/he r and that (s)he has received a
copy of the eval uati on form.
5-18-5 : DE PAR'11'1ENT DIRECTOR REVIEW
The departmen t head shall r eview the written evaluation of each
employee i n hi s depa rtmen t , make appropriate commen t s , and s i gn the
form . Employees sha ll have the oppo rtunity t o r eview and corrrnent on
any department head 's corrme nts .
5-18-6 : INTEIUM f}-1PLOYEE PERFORMANCE EVALllAT ICl<
A supe rvisor, at any time , may prepa re an inte rim employee
performance evaluation to recvrd especially outstanding o r inadequate
perfo rman ce .
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5-18-7 : REVIEW RIG H'l'S
If a ny employee d isagrees with any statement in an evaluation,
(s)he may request a review of the e valuation a nd meeting with by the
depar tment head. '!'he empl oyee may attach hi s written corrrnents to the
e valuation form .
5-19-1 :
CHAPl'ER 19
TRAINI I-K,
GENERAL
It shall be the r esponsibility of the Em ployee Relations
Director, in cooperation with depa rtment di rectors, employees and
others , to foster and promote prog r ams of employee develo pnent and
training fo r the ci ty se rvice and in-service tra ining of em ployees
for the purpose o f improving the quality o f service r endered to the
public, and of aid ing employees to prepa r e themselves for
advan ceme nt in t he ci ty se rvice .
5-19-2: IDE:NTIFY!i-K, AND ASSE:SSII-K, '!'RAINING AND DEVE:LO R'I E:N'I' NEEDS
At the time o f the ann ua l supervi so r y-em ploy,,e e, •uation
disc ussion, t he s upe rvisor and employee should C: i s .1Jc::c; ;i;reas wt-e re
training is needed or desirable fo r impr o ved per 1 ,,,l'?11 .. "" in the
empl oyee 's present j ob , o r wo uld be helpful in deve l upi ~, additional
skills for growth into othe r positions in the city s e rvice . Th e
s upe rvi sor sho uld includP. a sta t e ment of t r aining needs on the
pe rfonna nce e valuati on form .
Department d i r ecto r s should , though contact with the Emp loyee
Re l a tions Direc t o r and the public corrrnuni t y , Keep themselves
appri sed of train ing p rograms t ha t may be of he lp or inte r est both
to themselves a nd to their empl oye e s , and should nomina t e empl oyees
fo r app ropri ate tra ining cour ses .
5-19-3: Al),l!NISTRATION OF 0>\P LOYEE DEVELO PM ENT
AND 'l'RA !Nll-K, PROCRAM.5
The Employee Relations Di r ecto r shall be r espons ible fo r:
(a) Recorrrnending standar ds fo r traini ng programs a nd programs
meeting such standards .
(b) AS s uring tha t Lr a ining i s c ar r ied out as app roved a nd
prepa r ing ce rtificates o r othe r f o rm.s o f recognition t o persons who
satisfacto r ily c omplete a pp roved c o urses a nd pr og r ams .
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(c) Assisting department heads in developinq and conducting
training programs to meet the specific needs of their departments,
and in developing and utilizing other techniques for !.ncreasing
employee efficiency.
(d) Developing and conducting supervisory and management
training, and other types of training and manag ,,ment developnent
programs conroo n to all depa rtments.
(e) Assisting department heads in establishing standards of
performance and procedures for evaluating employee performance and
potential for growth and for identifying training needs.
(f) Making available information concerning job requirements
and training oppo rtunit ies in order to assist employees in
increasing their efficiency in their present positions, and in the
City service .
(g) Maintaining r ecords of all approved training programs and
courses , and a r ecor d of employees who successfully complete such
cou rses and programs.
(h) Evaluating the effecti veness of training programs.
5-20-1:
CHAPTER 20
RESt:ARCH AND EXPERIMENTATION
GENERAL
The City Manager may est abl i sh expe rimental prog rams for the
t>Jrpose of promoting efficiency , productivity and employee rrorale .
The experimental programs may conflict with provisions of the
career Service Syst em admi:iistrative procedures , and may be in lieu
of those provis ions during the rogram 's trial per i od .
(a) Tria l Period: In no case s hall the trial period extend
beyond two (2) years in durat ·,on without amending the career
Se rvice administ rative proc P.d ure,::; by incorp:>rating t he new program
he rein , or by tP.rminatin-J t t1e particular experimental progr am .
(b) Apprcval: The Ci y Co uncil shall approve by r esol ut ion
any expe rima;,tal program tx,fo r e it is impl emented.
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r21-l:
Cl!APl'ER 21
HOURS OF w:lRK
Except as otherwi se specifically provided herein , the normal
work week of City employees shall consist of at least an average
forty (40) hours per week of work , exclusive of lunch breaks and
other similar interruptions of work, scheduled during a period
col111lenclng after midnight Sunday and cont inuing to and including the
followi ng Sunday midnight. The City Manager shall de termine the
schedules of the various departments and divisions of the City,
consistent with the foregoi ng. Changes in the schedule may be made
by the department head o r othe r s upervi so ry empl oyees subject to the
City Manager 's approval.
For employees ot the Fire Depa r tment ass i gned t o the fire
suppression force , the normal work week shall run from midnight
Sund a y-Monday t o the following midn ight Sunday-Monday . The City
shall determine the schedule for individual member s of the fire
s uppression force which will ave r age (fifty-six or other appropriate
numbe r ) hours per week as computed over a twelve-month span.
5-21 -2: ME'AL BRFAKS
E)nployees wi 11 be allowed a meal break of a durat i on
dete rmin ed by the department, which pe r iod of break shall be unpaid
a nd shall , to the ext e nt possible in consideration of the needs of
the se rvi ce , be scheduled mo r e o r l ess during the middle of the work
shift.
5-21-3: OVERTIME
I n the discret ion of the department head or ot he r superv i sory
personnel , r easonable overtime may be ,·equired of employees . The
perfo rma nce of such ove rtime shall be scheduled at the discretion of
the emr,loyee ' s supervi s o r.
5-22-1:
Cl!APfER 22
RECOR!l3 AND RE PORTS
CUSTODY OF PERSONNEL RECORa;
The Employee Relations Director is t he official c ustodian of
all pe r sonnel r eco r ds and shall be r esponsible fo r thei r safekeepi ng
and re tention.
Fo r pu rpo ses of this Chapter , "person in inte rest " means the
pe r son who is the subji;ct o f a r eco r d o r a designated o r legal
represent ative .
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5-22-2: OFFICIAL FORMS AND RECORJ::s
Re c ords. The official r ecord of all personnel tra nsactions
shall be ma1nt11 ined in the personne l off ice. Any r ecords or copies
of r ecords that may be maintained in departmental files shall not be
cons idered t o be a part of the empl oyee 's personnel record, or a
part of the official per sonnel files, unless s uc h r ecor d is also on
fil e in the personnel o ffice .
5-22-3: PERSOON EL RECORJ::s I NSPECTION
Except those records e xempted by l aw, pe r sonne l r ecords are
c onfidential r eco r ds available for inspection onl y by the person in
inte rest o r who is hi s supe rvisor.
(a) ~tion. Public pe rsonne l records may be inspected
during r egul a r wock ho urs . Confidenti a l pe r sonnel records may be
inspected by a •?rson in interes t or pe rsons who s upervise hi s w10rk
during r egular wo rk hou r s .
(b) Co pies ot Reco r ds . Any person desi ring a copy of any
public record ma y t1ave such c opy fur ni shed fo r a 11 pe r copy fee" t o
cove r the expense of producing such copy , to be det e rm i ned by the
Elnpl oyee Relations Directo r.
(c ) Resear ch and Cr eation of Data . The Elnployee Relations
Office is not reqc , •c<l by the Public Record s Law t o pe rform reco rds
research and t o compi le data into reco rds in new form . Spa ce and
assistance will be made availabl e to pe r sons wishing to research and
com pile data .
(d) Availability . Single r eco rds are normall y available
irrmediately for inspection. If extensi ve f ile sea r ch and /or copying
i s necessary t o ma ke the reques t ed records available , i nspection may
be delayed a r easonable ti me t o allow the file sea r ch and copying to
take place without undu e disrupt i on of public se rv ice .
(e) Rerroval and Destruction of Records. No r eco rds may be
r erroved f r om the Elnployee Rela ti ons office or destroyed , exc e pt wi th
the speci fie approval of the Elnplo yee Rela ti ons Di r ector.
5-23 -1:
CHAPTER 23
SEPARATIO!.S
TY PES OF SE PARA'l'I ON FRCM CITY S ERVI CE
Sepa r ations f r om po sitions in the City s •v i ce shall be
designated as one of t he following types :
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(a) Resignation.
(b) Invo l untary r e signation .
(c) Layoff or reduction in fo rce .
(d) Disability , nonduty.
(e ) Di sability , duty.
(f) Dismissal.
(g) Military serv ice .
(h) Retirement.
(i) Death .
:,-23-2: RES I GNATIOO
Resignation is the sepa r ation of a n employee by his/her
ll'>lu nta r y act. .\n emp l oyee shall normally give at least fo urteen
(14) c ale nd a r da ys ' not i c e pr ior t o the effective date of
resign~t ior .
5-23-3: IN VO LJ-ll'ARi ,:.::S !GN!ITIOO
Invol unta ry resi gnation is the sepa r at ion of an employee from
t.he servi.;e for reasons other than his/he r voluntary action and
othe r than those s pecifically listed above , under conditions which
dre witho ut prejudice to the employee . Involuntary r es ignat ion may
oc cu r in t he f o llowing instance s:
(a) Rejection o f probation . An employee who is separated
during the initial probationa r }· pe riod because of i na bility to
satisfac torily perform the duti e s of the po sition s hall be sepa r ated
by involunt ary r esignation .
(b ) Absent without leave . Pn e mployee wh o fails to r e turn
from leave of absence or who fails to r epo rt t o wo rk for a peri od of
three (3) days without a ut horization may be sepa rated by involuntary
resignation un less the Depa rtment He ad determine s that good caus e
existed fo r the unauthori zed a bsence .
(c ) Loss of licens e or othe r job r';'lu i remen t s . Any empl oye e
who i s , because o f l oss of a nece s sa ry l i c e nse or inabil ity t o
comply with some necessary job r~quirement , ma y be sepa r ated by
involunta ry re s ignation.
(d) _Disability . Any employ e e who i s unable to pe r form his/l'er
jo b becil USL' o f di sab ili t y ma y be s e pa r ated by involunta ry
re signat ion.
(e) La yo f f o r r educ tion in force . Any City empl oyee may ba
transferred , demo ted , or l ai d of f whenever it becomes nece ssary by
r eason of :
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(1) Red uction of , e limina ti on of , o r ins ufficient f und ing
of po sitions;
(2) Elimination o r r educ t ion of the level of function or
~'O rk activities;
(3 ) Abolishme nt o f positions;
(4 ) Reorganization for purpose of administration or
economic e f ficiency .
TI1e o r der of layoff s hall be de t e rm i ned by the Cl t y Manag e r on the
basis of the qua lity and l eng th of service provided by empl oyees In
the a ffected a r eas . Any e mpl oyees who have not yet achil ved
permanent o r regular status s ha ll be laid off firs t, regardless o f
performance . Pe rmanent er.i ployees who are laid off have the right to
be r eemploy,ad in thei r respective class in inve r se o rde r of layoff,
provided t hat s uch r ecall occu r s within one (1) yea r of l ayoff. nie
City's obliga tion t o r eempl oy a n employee shall be sat .lsfied if it
ma ke s a n offer of employmen t to an employee wi thin a classifi cation
fo r wh ich the employee i s qua li f ied. In the event t he em ployee
fa ils t o accept t he of fe r ed employment , the offer will be deemed as
denied a nd the empl oyee 's rights with the City shall in all r espects
be t ermi nated at that time .
5-23-4: DISABILITY
A Depa rtment Head who ha s reason to be lieve that an employee
may be physically o r mentally impai r ed to t he ex t ent that t he
e mployee 's job effecti ve ness is affected , or continuance on the job
may be a danger t o the employee o r o the r s , may request that the
Employee He lat i ons Di r ec t o r have t he empl oyee ex amined by a
physician or othe r pe r son ,,f medica l a utho r i t y . If such a
d i sabi l ity is discove r edto be non job related , the following action
may be taken:
If the d i sa bi l i ty i s co r rectabl e , the employee shall be
allowed a r easonable specified ti me as de termined by the Dnployee
Relati ons Di rec to r t o have it co r rected . Such ti me may be c ha rged
t o tempor a r y disabili t y and/o r a nnu a l l eave , o r , i f no t empo rary
d i s ability or annu al leave balance exis t s , a leave of absence
without pay may be g r anted . If the employee fa i ls t o t ake s t eps ~o
have the disabili ty co rrected within th i s specified time , t he
employee may be terminated from emp l oymen t.
5-23 -5 : MIL[TARY SERVI CE
(a) Any permanent or probat iona r y employee who e nlists o r is
inducted into the military , naval , air c.r othe r a rmed se rvices of
the United States in time of war shall be en t itled to a l e ave of
absence witho ut pay for t he du r at ion of such war o r until hono rably
d i scha rged , wh i cheve r occur s fi r st , and for one (1) year
he r eafter .
41
(b) MY employee who shall be a member of the National Gua r d or
any othe r component of the military forces of the State , now or
he reafter organized or constl tuted under the State or fede ral law,
or who shall be a member of the rese rve forces of the Uni ted States ,
now or here after organized o r COllstituted under federal law , shall
be e n ti tled to leave of absence from his employment without loss of
pay, sen iority , status , efficiency rating , vacation , s ick leave o r
othe r benefits for oll the time whe n he ls engaged with such
o rganization or CC1t1~:1e nt in training or active service ordered or
autho rized by proper a uthority pursuant to law , whether fo r State or
fede r al purposes , but not exceeding fifteen (15) d,/5 i n any
calenda r yea r. Such leave shall be allowed in cc1se •.ne required
military service is sati s f actorily performecl, wh i ch s hall be
pr esumed unless the contrary is established.
(c) Such leave s hall no t be allowed unless the ew+'loyee returns
t o his public position immedia tely upon being rel i eve-I Cr om such
mili tary service and not later than the expiration of l ne time
herein limited fo r s uch leave , unless he is preVf~nt CKi ;_rom so
return ing by physical or mental disability or o tli<!r c a use not due t o
hi s own fault or is rf'q uired by proper au t ho rit\es to c ontinue in
such military servi ce beyond the time he re in lim .ded fo r such
leave .
(d) Sub ject to provisi.:ms A, B, and C above , the City shall
provide full pay to a n employee granted military leave , less
whatever wages the em· ,yee may have r ece i ved by the military for
such se rvice.
5-23-6 : DISM I SSAL
Di s missal s a re discha rges or t e rminations fo r just c ause ,
whi ch s ha l l i nclude, but not be limited to , mi scond uct, refusai or
inabi lity t o meet prescribed standards , insubord ina tion , o r willful
violation of de partmental, Ci ty , o r Ca ree r Se rvice Sys tem ru les and
r eg ulat i ons . Elnployees who a re dismissed sha ll be paid for a ll
ac c r ued ac.nual leave and other autho r ized benefits .
5-23 -7: RETIREl'IENT
AA employee sepa r ating in accordance with provisions of any
retirement plan applicable to City e mploye es shall be deemed to have
retired . Elnploye es applying for r eg ular o r ea rly r e tir'?ment should
apply six (6) months p r ior to the r e e xpected effective da t e of
retirement.
5-23 -8: DEA11i
Separati or. sha ll be effective a s o f the date of the employee 's
dea th . The City , in the case of a dea t h of a n em pl oyee , shall pay
to the named t>e nef iciary , if living ; o r, if no benefic ia ry i s named
42
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or the beneficiary is deceased, then s hall pay to the present wife
or husband ; and in case the r e is no present wife or husband , then
the child o r ch ildren , µrovided that when the c hild or children be
under the ag e of eighteen (18 ) years, the payment shall be made to
the child's gua rdian o r as otherwi se provided by an order from a
court of competent juri sdiction; a nd i n the event t hat there is no
child or children , then to the father o r mother, any wages , termina l
leave , traveling e xpense re imbur s ement or other roonies which may be
due the employee a t the time of hi s death .
5-24-1:
CHA PTER 24
CORRECTIVE AND DI SC IPLI NARY ACTIONS
GENERAL
A department head is r espons ible fo r the pro pe r and ef f icient
operation of h i s /he r department and for enfo r c ing a ll policies and
reg ulations . It i s the r espons i bi li ty of a ll employees to observe
the policies a nd reg ulations neces sary fo r lhe pr oper operation of
tt,e department in whi ch they work. It is expected that depa r tment
heads and s upervisors will con fe r, inte rac t with and di rect on a
reg ular basi s t he depa rtmen t al em ployees in the day to day operation
of thei r depa rtments . This consti tute s normal manageme nt pr ocess
and is ne i ther co rr ective no r disc iplina ry ac .:ion.
Co rre c tive o r disciplina ry act ion may be i mpo sed upon an
employee f o r cond uc t or acti ons which interfe re with or l revent t he
ef f ective and e ffi cient performance of a depa r tment 's
re spons ibilities. The pur po se o f s ~c h corrective o r disciplinary
action s hall be to effect correc t ion of e mployee conduc t and to be
puniti ve when a ppro priate.
The Jec i sion t o adm ini s t er co rrective o r di s c i plinary actions
s hal l tak,i i n~o c ons i de ration the natu re , extent , se riousness , and
effect o ·: the ac t, e rro r, omi ssion co11111 itted ; and the t ype and
frequen•:y of pr evious und esirable behavior .
5-24 -2: AlFrHOR ITY FOR CORRECT IVE OR DI SC IPLINARY ACT !Qi
Th e depa r tme nt he ad may be au tho r ized by ~he City ManagH t o
apply such co rrect ive and discipl ina ry measures as may be
app ropri at e ar,ci necessary . In the cases o f s uspens ions , del1"K>tions ,
and d ismi ssals , the departmen t head s hall fi r s t cons ult a nd gain the
conc urrence of the ~ployee Re l ations Di rector befo re taking actiC"!"',.
Thi s r equi reme nt f or concu rrence i s not in t e nded t o relieve the
depa rtment head of responsi bility nor to pr eclude the 1111ediate
s uspension o f an employee when an emergenc y situat ion ..Jr other
ci rc wnstances make it i mp racti cal t o obta in pr i o r conc urr e nc e .
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5-24-3: CQRREC'rI VE ACrICJ,15 AN D DlSCI PL.l NAlW ACrt(),15
Corrective Actions are primarily intended to correct and
improve an employee 's job performan e and a tti tudes and a r e not
intended to be puni ti ve .
(a) Co rrective action£ Include o ral repr lllldnd S and written
r e primands .
(b) Co rrecti ve actions ma y be take n wi th regard to employ ees
..t,o di s pl ay inab il ity LU perfo rm the i r a ssigned dut i es , as we ll as
fo r causes listed i n Sec tion 5-24-4 when appro pria te.
(c) Co rrective actions may be admi ni ster ed concu rrently with a
disc i plina r y action.
Disd;,11,:ar y Ac t i ons a r e t hose personnel actions administered
against an employee fo r an off P:1~i ve act or poor job perfor mance ,
..tllch act l or. idvers ely affect the current pay, c urrent status, or
t e nu re of t he em ployee .
(a) Di sc I pl inary a ction penalties incl ude s uspension,
demc ti on , and di scha rge of an employee .
(b ) Discipl i na r y action ma y be admin i stered concurrently with
co rrective ac ti ons .
:,-24-4: REASCJ,15 FOR CORRECTIVE OR DISC IPLINARY ACl'lCJ,I
Any of t he following violations are conside r ed j ust cause
re lati ng to the performance or other facto r s as grounds fo r
co rr ecti ve or disciplinary ac ti on i nc luding oral rep r imand , written
repr ima nd , suspension , demc ti on, discharg e, depending on the
se ri ousness of the o f fense and o t he r c ircumstanc es re la ted to the
situati on . These offenses are illustrative and not all -incl usive.
(a) Wi l ltul neglect in t he pe rfonnance of the duties of the
position t o wh i c h the employee is assigned .
(b) Di sregar d for or v i olation of c i •.y o r d inances ,
depa rtmental po licies and r eg ulat i ons , inc lud ing safe ty rules .
(c) Willful mi suse , misappropriation , negligence or
de struction of ciry propert y or convers,ion of city proper~y to
personal us e o r gain .
(d ) Fr~quent t a rdiness or absence f rom duty without prior
a pprova l.
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(e) Violation of a ny r easonable or official orde r, refus a l to
carr y out lawful and reasonable directi ons c;i ven by a p r o per
super visor , o r other a cts of i ns ubordin~tion .
(f) I ntoxication or use of alcoholic beverages , o r abuse o f
narcotics , drugs o r o t he r cont r olled substances while on duty, or
repo r ting for wo r k while under tne influence of alcohol or na rcotic
or restricted substances.
(g ) Ph ysical c,r mental i ncapacity.
(h) Insubordination (including , but not limited to r e fusal to
do ass igned work).
(i) Criminal , dishonest or other c onduct which interfe r es with
effective job performance o r has an adverse effect on the efficiency
of City service.
(j) Violation of privileged i nformation or its use for private
gain .
(k) Ir.competent or unsati sfactory pe r formance of duties .
(1) Knowing ly giving false stat eme nts t o supe r viso r s , other
of f icials or the public .
(m) Any conduct , on or off duty, that r eflects unfavorably on
the ci t y as .. m employer .
(n) Membership in any or ganizat i on which advocates the
over-throw of the government of the United States by force or
violence .
(o) Discove ry of a false statement in an applicati on or in any
othe r docume nt used to obtain employment which had not been
pr eviously d i scovered .
(p) Acceptance of g r atuities to th~ extent p r ohibited in
Sec tion 5-26-1 , e t seq .
(q) Refusal to be examined by a city physician or othe r
designated medical authority or when so directed .
(r) Polit ical activity violation as outlined in Section
5-26-1, et seq .
(S) Refosal to sign the City loyal ~y oath .
(t) Participation in a strike , as defined by the City
Cha rte r .
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(u) Una utho ri zed sleopinc:i on duty .
(v ) Possession of unauthorized fi r ea rms o r other dangerous
weapo ns while on duty or in employee locker, desk , etc.
(w) Inability to pe r fo rm ass igned duties due to fail ure to
n-eet or retain job qualifications , including but not limited to
fail ure to pass required tests .
(x) Discourteo us , offensive , or obusive conduct or l ang uage
toward other e mpl oyees , s upe rvi sor o r the public .
(y) Any other cond uct o r action of such se riousness that
cuscipllnary action ls cons idered wa r ranted .
5-24-5: MEET!r-(; WITH El'IPLOYEE
\onlen info r mation r eceived by the appointing author ity or
designee ind i cates the possible need t o administer disciplinary o r
corrective action, (s)he s hall lll£'et with the emp l oyee involved ,
present the info rmation that has come to his/he r attention, and give
the employee an opportunity to admit or present infor mat ion
rega r ding mitigating c ircums t ances .
It is not intended that this meeting constitute a formal
hearing but only an oppo rtunity for part i es to meet and exchange
information .
If the employee wishes , (s)he may submit a wri tten explanatory
sta t e..,n t Lo the appointing authority o r designee wh ich shall be
attached to ,. i kept with a copy of the d i s c ipli11a r y o r corrective
ac tion .
The appointing autho r ity 's o r designee 's determination of the
action to be taken shall be based upon the info rmation obt ai ned fr0/1\
the employee and othe r appropriate sou rces a nd upon the
c irc umstanc es of the case .
5-24-6 : AO-lINI STER ING CORRECT IVE ACr[ON
(a) Oral Co r rective Act:ion . Whenever grounds fo r corr ec ti ve
action exist and the supe rvhor determines tha t the incident, action
o r behavior of the employee i:; such that roor e severe action is not
irrrnediately necessar y , the s u pe r visor should o r ally conm.micate to
the employee the s upe r visor's obse r vati on of the probl em and offer
assistance in cor recti ng the situation. Wh e n an o ral cor rective
act i on i s given , the supe rvisor should ensure that the employee I s
depar~ntal personnel file is documented t.o show date of the
co rrective action and the natur e of the co r rective action. 'nle
employee should be advised that the cor r ective actic, will be
documented in the emp loyee 's d~pa r tme ntal file.
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(b) Writte n Co rrective Action. Wn e n the supe r visor determines
that a written correct \ ·re ac tion i s app ropria t e and necessary , the
corrective action shaL be addres sed to the employee and shall
include the violction; the specific behavior a nd the dates of the
behavior (when appropriate ) that suppor t the charge ; the warning
that conti nuance of this behavior will r esult in discipli na r y
action ; and an offer of assistance in co rrecting the behavior .
A s igned copy of the corrective action by the s upe rvisor shall
be included in the employee 's off i cial personne l fi le in the
Enlployee Relations office , a nd the em ployee s hall have t he oppor-
tunity to sutxnit written conments in response to the correct ive
ac tion t o be included in the tile.
5-24-7: AI:MINISTERING DI SC IPLINARY ACrION
(a) Sus~nsions. The appo inting authori ty or designee may
suspend an e mp oyee with o r without pay in the following
s ituations:
1. Inves tigation . Wneneve r t he appointing autho rity or
designee has r eason t o believe tha an employee may have c 01111litted a
serious violation o r offense , but S"J fficient ev idence is 1ot yet
available t o make a prope r evaluat ion an d determination of
appr opd ate final acti on , the appointing authoriLy or designee may
s uspend a n employee for a pe r iod of time dete r mi ned by the
a ppointing autho rity o r designee pending inves tigation .
2. Disciplinar y Action. When an appointing author ity o r
designee determines that suspensiLn i s an approp ri ate dis ciplina ry
action for a violation, an em ployee IMY be s uspen~ed f rom duty
depending o n t he s e riousness of the of fense.
3. Mi sdcmeano r o r Felony . When a n em ployee has been
cha rged with a c r i.me c lassi f 1ed as a misdeme anor o r felony , the
appointi ng authority or designee shall r e vie w the na ture of the
emp loyee 's of fense; make a dete rmi nation of the impa c t of t he c rime
on the a bility of t he employee t o properly pe r form the duti e s of
his/he r po sition in a satisfocto ry manne r o r if the offense r e flects
unfavora bly or the City .
4 . Emergency Suspens i on. If a s ituation exists which
mak es iJTITled i ate s uspensi on of an employee necessa ry befo re
co ncu rrence can be obt ai ned , to pe r s erve t he heal t h and sa fety of
the employee o r othe rs o r to continue vital se rvices t o the public,
o r to cont inue a city funct ion wi thout se r i ous disrupti on , a
su per vi sor may make s uch an i nmediate s uspension . Any s uch
eme r gency s uspension nust be re por ted t o the appoi nting authority or
des ignee fo r conc ur re nc e a t the ea rliest possibl e time.
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5. Notice of Suspension. en or before the effective
elate of the suspension, the supervisor will provide the employee
with a written statement setting forth the reasons for t.h f.'
suspension, the effect! ve dates of the suspension and the date the
employee should return to work. The statement shall i nclude the
charge; the specific behavior that supports the charge ; the warni ng
that continuance of this behavior will result i n more severe
disciplinary action; and an offe r of assistance i n correcting the
behav or.
6 . Demotion. The appointing authority o r designee may
dete rmin e that demotion of an employee t o a position In a lower pay
grade is a proper action to correct c:1 situation. In such a cast!,
the a ppoint ing a utho rity or des ignee shall furnish the employe e with
a statement of the reasons for s uch action and the effect ive date .
The statement shall set forth the reasons fo r the proposed demotion;
previous warnings, if any, and counsel ing and attempt s t o correct
the problem if applicable .
7 . Discharge. An emplo;ee may be discharged when
rea5anable attempts at corrective action have been ineffectual, o r
when the se ri ousness of and the circumstances sur rounding thE::
offense leave discharge as the app ro priate acti on .
II discharge shall be effect! ve aft er the appointing
authority o r designef. has presented the employee wi th the reasons
fo r the discharge in 11riting with a surrrnary of the e mployee's
actions which support the reasons for the discha rge.
5-25-1:
CHAPJ'ER 25
OJNFERENCES , CCJMP[AINTS '· ~D /\PPE:Al.S
GENER/IL
It i s a mut ual obligatio n on t he pa rt of admi ni st rative ,
s uperv isor y a nd nonsupervisory emoloyees of the Ci ty of Englewood t o
provide efficient and cont inuous ~e r-vi c e to the c itizens of the
city .
Fr P.e discussion between employee and sup.,rvisor will lead to a
better ,·.1derstanding by both pa rt ies as to policies , practices and
procedu es which affect all emp loyees . '!M s will tend to identify
and el '.minate condit ions which may ca use misunderstanding.
5-25-2: PO LI CY
Complaints , c onfer ences and appeals constitute rhannels of
conmuni c ation, informing top management of employment concerns which
employees feel strongly .Thi s type of procedure , used c onst ruc tively,
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is t o the city 's advantage . ~'very confer ence , complaint . and appeal
will be received, heard and conside red seriously and , t o the extent
po ss ible , will be utilized to improve ,rutual Wld e rstanding and
r elationships, and to define the problem that lies behind the
s ituat ion, and t o consider what constructive steps can be taken t o
solve it. The basic objective is the achievement of sound and fa ir
settlement o f the problem.
5-25-3: CONFERENCE
A co n fe r ence i s a s tatement of employee di ssa ti sfaction about
some action, exclusi ve of adverse actions) event o r condition in
the wo r k environment whi ch the empl oyee feels it is necessary to
make known to h is superv i sor . Employees should use good j udgment in
re-J.uesting a conference with a supervisor .
Supe r viso r s should be open to confe r ence r equests and a re
encouraged t o s tr ucture procedure which will facilitate presentation
of reasonabl e co ncerns of em ployees. Reso nableness shall be the
guide for all conc e rned .
5-25-4: COOTRACr GR IEVANCE
·niose employ ees covered by a collective ly bargained contr ac t
may file a g rievance on t he subject matter covered by the contract
and pur Euant t o the g rievance procedures contai ned in the cont rac t.
Those subj oc ts g rievable und e r a collective ba rgained contract may
not. be the subject of th9se regu l ations compla in t procedur e , e ven
though these r egu l ations would othe rw ise pe rmi t s uch a complaint,
5-25-5 : CCl'IP LAIN'l'S
An awa r eness of the unde r lyi ng cause of comp laints and prompt
resolution of these causes is advisabl e for e f fec tive , ha rmon i ous
employee ,·elations and e ffect ive perfo rmance o f an o rgan iza tion.
The p rocedure below has been established to effec t t hi s pu rpose .
5-25-6: CCl'I PLAINT RESO LUTION PROCEDURE
Tho se employe es not cove r ed by a co llectively ba rgai ned
cont ract may file a complai nt alleging a v iolation, mi s inte r preta-
tion , o r misappli cation of the resol ution under which they are
employc:Kl or of these o rdinances o r city o r d~pa rtme nta l written
r ules . Me r i t appeals a r e covered by 5-25-8 and not included
he reunde r .
(a) Gene ral Prov i sions . All full-time , p"'nna•·h~n t, non -
ba rgai n ing unit city employees have the right to use t he compla int
procedure .
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Complaints s hall be settled equitably, fairly and promptly .
Complaint procedures shall not apply to disciplinary suspensions ,
disciplinary demotions, dismissal or reassignment without reduction
in pay. I t is intended that the complaint procedure provide a rore
info rmal and expeditious mann er of r esolving disputes .
Formal com plaint procedu r es may be r ecorded by machine or
othe r methods at t he discretion of the Cl ty Manager. /V'Jy
party-in-interest may request and, upon payment for , obtain a copy
of minutes o r recorded transcript .
At the last step in t he presentation of his complaint, the
employee may have any person of his/her choice r epresent him/her.
iV1 employee and his/her representati ve shall be allowed
appr opriate time o ff from r eg ular duti es with pay fo r attendance at
scheduled mee tings under the complaint procedur e with the specific
permission of their respective s upervisors.
If the em ployee fails to subnit his/her complaint t o the next
highe r s tep within the pr esc ri bed time limits , it sha ll be assumed
that the compla int has been s atisfied.
Should a decision not be r endered within the presc ri bed time
limits , the employee may immediately a ppeal to the next step.
Noth ing in t he complaint procedure shall be construed t o
pr event discussions or meetings to clarify facts in the case or
r esolve t he complaint.
5-25-7 : CCl'!PlAINT RES0Llll'ION PROCEDURE
Informal Reso lution.
SI'EP I. With in seven (7) days aft e r its occu r rence , o r the
date on which t he employee should have become aw?re of it, the
employee shall discuss his/he r complaint with his/her immediate
supe rv iso r. If the supervisor is unable to resolve tl1e problem, he
shall refer t he e mployee to t he management person at the lowest
level c apable of pr oviding r elief. The complaint shall be discu5sed
ve r bally and , if settled , no fu r the r action i s necessary.
Formal Resol uti on .
SI'EP II. If t he com plai nt i s not r esolved on an info r ma l
disc ussion basis , the complaint s hall be r educed to wri: i • g and
s igned by the employee and subni t t.ed t o the immediate supervi so r.
Employees should explain in wri ting t he nature of the dispute
(includi ng the pr ovis i ons of the o rdinance or resolution
app·.ic able ), what attempts t he e mployee took to resolve the dispute ,
and the requested remedy. The immedi a t e s upe r visor shall meet with
50
the employee and investigate the Gomp l aint a nd provide a 1<1 r itten
response to the employee 1<11 thin ten (10) 1<10rking days of the dat e of
s utml ssion. If unable t o provide relief , he shall for1<1ard the
compl a int to the d e pa r tment head .
srEP III. With five (5) 1<10 r king days f rom r ece ipt of the
s upervisor's written response , the empl oyee , unless sa ti sfied with
the supervisor's r esponse , shall sutmlt the comp laint in 1<1riting t o
the appropriate depa r tment head . The de partment head o r desi gnee
s hall promptly meet and discl.lSS the compl aint 1<1i th the emp loyee and
additionally, inve5 tigate the complaint. Th e depa rtment head o r
designee s hall s utm;_t a 1<1ritten ans,,.,, to t he e mployee 1<1ithin ten
(10 ) 1<10 rking days of complaint r eceiµt unless a longer period is
lllltually agreed upon , and shall r enrler a 1<1ritten decision stating
the reasons for the decision .
srEP IV. I f the complaint i s no t settled at t he depa rtment
head level , the empl,,yee, 1<1ithin five (5 ) 1<10 r :ting days from r eceipt
of the department head 's a ns 1<1e r, shall sutmit the complaint in
writing to the Ci t y Manage r. The City Manager o r des ignee may
conduct an investi gation and hold a n info rmal hearing to secur e
addi tional information (s ) he believes necessa ry if deemed
appropria t e and s hall provide an a ns""'r t o the employee within t en
(10) 1<10rking days un less a longer pe riod is rutually agre ed u pon.
The City M.c1:,age r o r designee s hall s utmit a wr itt e n a nswe r to the
employee which shaL s ta te the problem , t he applicabl e pol i cy or
reg ulation and the reasons for applying the pol icy and the dedsion.
The a nswe r sha ll be final and the compl~int shall be considered
resolved . A copy of the City Manager 's determination sha ll be
prov i ded to the employee , hi s/he r superviso r, depa rtmen t head and
Di recto r of Elnployee Relat ions . If the dispute i s resolv'!d at any
ea rli e r s tep in the re s ol ution pr ocedur e , a written stateme nt to
that eff ct s hould be made and signed by the employee an d presented
to the emp loyee 's depa r tment head . A copy of the resolved dispute
s hall also be provided to t he Di recto r of Elnployee Relations.
5-25-8 :
MERIT APPEALS
MATIERS OF APPEAL
Beca use of the importance of certain subjec t s covered by
this merit s ystem , the r e is pro,ided an additional c ha nn el of appeal
t o the Ca ree r Se rvice B1ard .
Any full -time pe r manent classifiF.d empl oyee may appeal
to the Boa rd t o d e termine only whethe r t he r e wa s p rope r a pplication
of these ,ne rit s ys tem pr inciples with r espect to : (a ) whether a n
employee wns sel ected o r advanced on the basis o f hi s /her re l at i ve
a bili ty , knowl edge a nd skills o r (b) whether the e mployee 's job has
been prope rly class i fied in the established classi f i ca ti on plan of
51
thi s merit s ys tem . Th e Boa rd i s without juri sdiction t o hear or
determine any employment discrimination complaint£. Any allegations
of empl oyment discrimination shall be mad e to the E)nployee Relations
Director within ten (10) days of its occurrenc e . The Ci ty Manager
or designee shall hear the matter at Ste p IV of t he compla i nt
procedur e .
5-2 5-9: MERIT APPEAL PROCEDURE
A merit appeal must be ma de in writing within five (5) days of
the sel ec tion , advancement , or c l ass ific ation decision and filed
wi th the Employe e Relations Di r ec tor .
Within ten (10) days of filing a me rit a ppeal, the employee
shall review and d i scuss it with the Empl oye e Re lations Director o r
designee to informally r esolve the appeal. If r e sol ved, it shall be
reduced to writing and signed by the appellant .
If the appeal is not resolved by t he 1:inployee Re lations
Di r ecto r, t he employee , within ten (1 0 ) days o f the Employee
Relations Director's deci s ion , may appeal i n writing to the Boa rd.
The appeal shall explain the na ture of the d ispute (including
applicabl e ordinance provisions) what attempts the e mployee took to
resol ve the appeal a nd the r equested r emedy .
The Boa rd s hall se t the appeal fo r hearing withi n thirt y (3 0 )
clays o f i ts receipt. The lloard s ha1l f irst de t e rm ine wh e the r the
subject matte r of the appeal is within that pe r mitted by Charte r ~nd
these reg ulations . Any r eco rd l:rlow shall be a pa rt of the r eco r d
before the Board o r hearin~ of fi ce r. The hearing held by the Boa rd
shall be fundamentally foir and comp l y at l e a s t wi th that prucess
esta blished in '69 E.M .C. 1-7-7.
Within t we nty (20) days after the conc~usion of the heari ng,
the Boa r d sha ll issue its dec i s i on . Upon r ~v iew, the he a ring
o fticer o r Boa rd s hall hold the action below to be a prope r appl i ca-
tion of the re l evant o rdinances unle ss it dete rmi nes :
(1) there was misapplication of e xi s t ing me rit syst em
regulations governi ng the action of sel ect i on o r ad vancement on the
basis of t he employe e 's r elative ab i l ity, ski lls , and knowl edge , o r
the re wa s mi sapplicati on of ex i s t ing me rit system regulations
governing job classif i cation ;
(2) In the exe rcise o( any pr ofessional j udgme nt, the Employee
Rela tions Di recto r abused l1 is d i sc re tion.
The Board shall forwa rd to City Council its dec i sion which
shall state the pr oblem , the applica ble policy o r reg ulation , the
r easons fo r appl y ing the policy and the decision of whether the
regulations were properly applied . To e Co unc i l promptly sha ll
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forwa r d the decision to City administration with appr opr iate
remed i a l i nstructions .
DISCIPLINARY APPEA!.5
5-25-10: SUBJECT MATIER OF APPEAL
A full-time, pe r manent , classifi ed empl oyee may appeal
to the Board t o review his disciplinary s uspensi on , disciplina r y
dem:,tion or disciplinary d i scharge . Th e Board shall he ar the
empl oyee 's discipl inary appeal wi th r e spect to on l y whethe r his
suspension , demo tion, or discharge was for cause which relates to
the pe r formance of duties , pe rsona l conduct , o r any other fac tor
de trime ntal t o the City and/or any ot he r just and reasonable cause .
5-25-11 : APPEAL PROCEDURES
(l) Notice o f adver se ac t ion . Conc ur rently , or in
ddvance of action to suspe nd , derro t e o r dismiss an employee , an
appointing a ut ho r ity shall notify a n emp loyee of the action being
taken, the r easons for the action stat P.d i n s ufficient detail fo r
under standi ng , the employee 's right o f appeal , and t he manne r in
whic h the appea l may be initiated . Fa i lure of the appointing
authori ty t~ 9ive t imely notice s hall have the effect of delaying
the act ion unti l p r ope r notice i s given but shall not invalidate. the
acti on .
(2) T;c.ie limit fo r appeal. Toe appeal by an employee
,;hall be made wi thi n seven (7) wo r king days after r ece ipt o f the
notice of adver se action o r of the occur rence o f the event giving
ri se to the appeal.
(3) Method of filin~ ap("'al. Appeal shall be made by
filing a written request fo r aeanng . Such request shall be filed
with the Career Servi ce t;oa rd sec re tary within the pr esc ribed time
limit.
(4) Sc heduling of appea ls. The Board or Hea ring Officer
shall sched ul e appeals befo r e them within thi r ty (30) da ys unless a
long e r time is ag r eed t o by the parties , giving due consider ation to
the availa bility of Boa r d members o r Hea ring Of fi cer , the availabil-
ity of the pa rt ies , the comp l exities of the speci f i c case , and the
wo r kload of the Boa r d . The Boi,rd o r He a ring Officer shall issue i ts
deci s i on within 20 days of the conclusion of the hearing .
(~) Postponeme nts . Postponements may be granted only
for good cause . Sc heduling ot cases will i ni tially atte mpt to
accomm:,date the needs of both pa r ties in a rranging their schedules
and making adequate p r epa rati on. Postponement beyond t he scheduled
date will only be in r ecog niti on of un fo r eseen and unavoidable
circumst ances .
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(6) Subpoenas. Subpoenas fo r atte ndance at hearings may
be issued upo n request of the parties . '!'he r equest for a subpoena
l!llSt contain the name s and addresses of those t o be subpoe naed and
the reason for the necess ity o f such a subpoena. Requests for
subpoenas and for production of any books, records or papers
pertinent to the hearing s hall be made to the City Employee
Relations office at l east ten (10) days prior to the hear ing date
and l!llSt be ,;e rved at l e ast two (2) days prior to heari ng . '!'he
Boa rd chairinaa or hea ring officer shall iss ue subpoen ·,s . '!'he
Muni ci pal Co .:r~ shall e nforce s upo enas by compelling attendance .
(7) Represen tation . Any party or pe r son appealing t o
the Board shall have the right to be accompani ed , r e presented or
advised by an attorney . Any designated attorney should file a
notice of representation with tue Empl oyee Rel ations offic~ a s soon
as possible afte r being so des igna ted.
5-25-12: CAREER SERVI CE BOARD
(1 ) Hearings before the Ca r ee r Se r vic~ Boa rd shail be
conduced informally and generally ;~ accordance with the CRS 1973 ,
24-4-105 , and shall not be bound by formal court procedures.
(2) '!'he Ca r eer Se rvi ce Board or i ts hea r ing officer
shall have the power to :
a . Admini s ter oaths and a f firmat ions ;
b. HssuQ subpoenaes f or attendance and compel t he
prod uct ion of OOOks , r eco rds and paper s ;
c. Rule upon o ffe rs of proof and receive r e levant
ev i dence ;
d . Ca ll and question witnesses ;
e , Reg ulate the cou r se o f t he hea ring ;
f. Hold confe re nces for the settlement o r
s implification of the issues by consent
of the parties ;
g . Di spose of procedu r a l r equests o r simila r
matters ; and
h . Make fina l dec isions subject t o judicial
review .
(3) Eac h party shall have t he r ight to present his/he r c ase by
o ral and /o r documentary evidence , to s ubm it rebuttal evidence , and
to ~o nduct s uch c ross-examination as may be requi red for a f ull and
true d isclosure of t he fal:tS. No ex pa rte mat e ri al o r representa-
tion of any kind sha ll be r ece ived o r consider ed by t he Board o r
hear i ng officer . Eac h party i s entitled t o an impa rt ial Board o r
hearing office r .
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(4) A hearing may proceed in the absence c,f t he appointing
authority. If the appel' .int, after due no tice , fails to be present,
or fails to obtain an ad; ,urru :ient , and within five (5) days does not
provide good cause the r efo r to the Board, the appoi nting authority's
action sha ll be presumed to be val id.
(5) The career Serv i '" board inay grant continuances or adjourn
the h1.;aring f rom t i me tc, _ ;,, ie upon its own root ion , u,:)Qn joint
request of the parties, ,,r upon the r equest of one (l) party for
good cau~e shown.
(6) A pa rty who does not testify in his/her own behalf may be
called and e xamined b\, the adver s e party or the Boa rd a3 if under
cross~xamination .
(7) Board membe r s nusl t,,: present when the Board is called to
o rde r and nust be present throughout the whole pr oceeding in order
t o take part in a ny o f t he proceeding , i ncludi ng deliber ations and
the final vote. Any Boa rd membe r net present throughout t he whole
proceeding may take pa rt in the proceedin~•s final vote if (s)he has
read t he transcript er listened to the r ecording of t he proceeding
from whi c h (s) he was absent prior to taking part in said delibe ra-
and vo te .
(8) Eac h decision shall include a statement of findings and
conclus i ons upon all the mat e rial issuP.s of fact , ord inance , o r
discretion pr esent ed by the record and the appr o priati, rule ,
sanc t ion , relief or denial the reof .
(9) Hearing officer's decision may be appealed wi thin ten (10)
days to the llo.srd for review pu r suant t o Sec tion 5-3-)(d)-(h).
(10) Each decis ion s hall be served on eac h party by pe r sonal
se r vice o r by mailing by first -class mail to t he last address
furni s hed the Boa rd by such pa rty and s ha ll be effect ive as to 5r.:n
par ty on the date mailed o r such late r datt as i s stated in the
dec i s ion .
CHAPTEP. 26
5-26-1 : Ca,IDUCT OF EMPLOYE ES
Code of Co nduct . Employees of the City of Englewood
gov ,~r nment a re employed t o provide s ervic e to the citizenry of
En~Jewood a nd the pu blic in general arod a r e expected to conduct
themselves in a manner that will r e fl ect credit on the Ci ty
9ove rnment, ;:,u blic offic ials , fellow employees and themselves . All
employees nust avoid any action whi ch mi ght res ult in o r create the
impres s ion of using public office for private ga in , giving
prefe renti a l treatment t o any person, o r los ing impartiality in
conducting public bus i ness . E'or purposes o f th'-:; chapter , all
55
elected officials and members of boards and C01111\iss ions are public
officials and not employees .
5-26-2: POf.I'flCAL A<..,~VI'f'i
All employees are ent i tled to exercise thei r rights as
c itizens to express their opinions on all political subjects and
candidates , to vote as they choose , to holcl membe r sh ip in and
s up rt a political party, to maintain political neutrality , to
attend poli t ical meetinss , and be a candidate for political pa rty
office . Cl assified empl oyees and those unclassified employe en in
exempted po sitions may not:
(1 ) Hold political office . Any employee becomi ng a candidate
for electio n to any pa rt isan politic al publi c office shall take a
leave of a bsence from hi s po s ition. Any employee appointed to fill
a vacancy in an elective or appointive office of Eng lewood City
gove rnment may be placed on leave of absence f rom his/he r position
for ~he durati on o f the appointment .
(2) Part i c ipat~ in the ma,,agement, af fair s o r po1i tlcal
campaig n of an y candidate for politi cal office during work hours.
(3) Solici t any assessments , contr i buti ons or se rvices fo r any
politi cal party during work hours .
(4) Use o ffici al a uthority or influence for the purpose of
inte rfering with o r aUecting the result o f an e l ection o r
nomination fo r .:,ffice .
An employee occupying a posi tion funded in who le or in
part by federal cron i es shall be subject to the Federal Hat ch Act
except whe n t hat Act i s in c onflic t with t h i s sec ti on , in which cane
the rror e stringent s hall a pply .
5-26 -3: OU'fSIDE EMPI ~·
(1) City emp l oyment sha ll be consider ed the p r ima r y
emp l oyme nt ; and no empl oyee may engage in ou t s ide employment which
in any maMe r interfe res with prope r and effective job performance ,
results in a conflic t o f interest o r whi c h may s ub ject City
gove rnment to publ i c c riticism o r embarrasSHlent. A maxirrom numbe r
of hour s weekly of outside em ploymen t ma y be established by the City
Man age r and s uch may va ry arrong de pa r tments .
(2) An empl oyee is prohibited from pe r form ing an act , in other
than one • s capacity as a City employee whi ch may l a ter be s ubject ,
di rectly o r indirec tly , to control , i nspecti on , re view o r audit by
such employee o r by the City De partment in whic h the employee is
employed , un less specif ica lly appr oved by the City Manage r.
56
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(3 ) An employee is pr ohi bited from transacti ng bu siness with
the City o r any of its agencies rn the course of hi s/her secondary
employment or business .
(4) App r oval to engage in outside em ploymen t must be obtained
in wri t ing f r om the e mpl oyee 's depar tment hedd . If the s pecific
condit i ons of the outside employment c hang e , a new r equest for
app r oval must be s ubmitt"'1 . Failur e to secure r equired a pproval may
cause a n employee to be s uspend ed o r discha r ged . App r ova l will at
all times be subject t o r e view and c ancellati on .
(5) Disappr oval of a r equest o r cancellati on of an exist i ng
app r oval may be appealed t o the City Manager .
5-26-4 : GIFTS AND GRATUITI ES
(1) No em ploy~e shall s olicit o r acce pt a ny gift , g ratuity ,
favo r , e nte rta inment , loan o r any othe r i tern of roon e ta ry value from
any o rg ani zat i on , bu siness firm or person who ha s o r is seeking to
obta in bu s iness wi th t he City of Engle"'lOd gover nment o r from any
o rga ni zat i on , business fi rm o r i nd ividual who se inte rests may be
affected by the empl oyee 's performance o r non pe rformance of official
du ties. This r est riction is not intended to prohibit employees from
obtaining l oans from li c ensed l end ing institutions . Sho uld an
emp loyee r eceive a ny gif t o r g ratuity o r other thing of value under
this sec tion which prac tica lly cannot be r eturned , it shall
irrrnediate ly be tu rned ove r t o the City and become City property .
(2) Acceptanc e o f nomi nal gif t s in kee ping wi t h special
occasions , such as ma rri age , reti remen t o r illness ; food and
ref reshment s in the o rdina ry course of busines s meetings ;
unsolic ited adve rtis ing or promotional mate ri al, e .g ., pens,
not1:!pads , calendar s , e tc ., o r social cour tes ies whi ch promote good
public r elat i ons i s pe r mitted .
(3) Co ntrilx1ti ons made for flower funds o r special gifts for
fellow employees a r e not p r ohibited . How~v e r, pa r t i cipa tion i n such
ac tivities , i ncluding con t ri buti ons for even nom inal gif t s to
supe r viso r s , mu st be wh o lly volun ta r y on t he part of each emp loyee
and a ny gifts should be of minima l value .
(4) Su per v iso rs , in addi tion , must avo id placi ng them.s e l ves in
a posit ion whi c h c ould inte r fere with , o r c reate the impression of
interfe r ing with , the objec ti ve evaluat i on and di rect ion of the ir
s uOO rdinut es . No supe rviso r sha ll bo rr ow 100ney o r accept favo rs
from s u.tx>rdin ates .
(5) Inspec t o rs , cont racting office rs and enfo rcement officers
,ro s t be pa r ticula r ly ca r e ful to gua r d agai nst relationships whi c h
migh t be cons tru~d as e vidence of favoriti sm, coercion , un fair
ad vantage o r collus i on .
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(6) Thi s Section does no t preclude :
a . Rece ipt vf a wards fo r meritorious public cont ribution
given by a non profit o rganization; or
b . Receipt of hono raria o r expenses paid for papers ,
talks, deironstrations, or appear ances made by en-q,loye es with the
approval of the appointing a uthor! ty, or on their own time for which
they are not prohibited by this Code.
(7) Receipt of i tew,; whi c h may benefi t a depa r tment , s uc h a s
capital items , should be received by t he City Co uncil as provided
for in Section 80 of the City Ch arte r .
5-26-5: C(X,I FLICT OF INTER EST
(l) No public officer o r employee shall solicit o r accept
anything of value to the r ec ipient, including a gift , loan , rewa rd,
promi se of future erTq)loyment, f avor or se rvice :
a . That would cause a r easonably prudent person t o be
influenced in the di scha rge of official duties;
b. That I s ba sed upon an y und e r s tanding that the vo te ,
official action o r judyment of the public officer, employee or
candidate would be influenced the r e by .
(2) No public o f f icer o r em ployee , o r hi s /he r s po use o r mino r
ch i ld s hall , at any t ime, accept any coinpen s ation , pa yment o r t hing
of value when s uc h public officer or employee knows or , with the
exe rc i se o f reasonabl e ca re , should know tha t it was gi ve n t o
influence a vo te or oth, · action in whi c h the off i ce r or employee
wa s expected to partic.pate in his/her offidal capacity.
(3) No emp l oyee s t.all co rruptly us e o r attempt t o use his/her
officiai posit ion o r a ny pr o pe r ty or r esou rce which may be withi n
hi s/her trust, or pe r fo rm li is/he r offir:i al du t i es , to secur e a
spec ial p r ivilege , benefit o r e xemp ti on fo r h i mse lf/he r self o r
others .
(4) No empl oyee shall have o r hold any employment o r
cont r actual r e lationship (per sonal ser vices ) with any business
en ti ty o r any agency whi ch is subject t o the r eg ulation of , or do ing
business with , the City of Englewood, excluding those o rganizations
and thei r officers , who , wh e n ac ti ng in the ir official capacity,
en ter in or negotiate a collect i ve ba r gaining cont r act wi t h the City
of Eng l ewood ; nor shall an emp loyee have o r hold a ny employment or
contrac tual r e latio nshi p tha t will c r eate a conflict between hi s/he r
private in ter~sts and the pe rforman ce of h i s/her public duties o r
58
that ..,uld i mpede the full and faithful d i schargu of his/her public
duties.
(5) No empl oyee shall d i sclose or use information not
available to membe r s of the ge neral public a nd gained by reason of
his/her official position o r benefit o r fo r the personal gain or
benefit of a ny other person or business e ntity.
(6) It is not the intent of t his s ection, no r s ha ll it be
construed , to p r event any employee of the Ci ty of Eng lewood from
accept! ng other emplcyme nt o r followi ng any purs uit whi ch does not
i nte r fere with the full and faithful discha rge of s uch emp l oyee of
his/her duties to the City .
(7) The toregoi:,g provi s ions sha ll be const rued to be
consistent with state l aw rega ·ding conflict of inte r e st.
Notwithstanding anything he r e in t o the cont r a ry, employees are bound
by all s tate l aws r espec ting confl i c t of inte r est , including , but
not limited t o , any requi red disclosure of financial intP.:rests .
5-26-6: BUSINESS ACTIVIT IES ,\ND SO LICITATION
No empl oyee shall engage i n any business o r s ol icitation other
than hisiher r eg ular du t l e s du r ing wo r king hours , includi ng such
act ivities as selling to fellow employees , lendiny of money for
profit , etc .
5-26-7: PRI VILffiED IllFORMATION
Employees may de al with plans, p rograms and informati o n of
s i g n ificant public inte rest. Err.pl oyees must not use t h i 5 privileged
informa t ion for t heir own financial advan t age or to provide any
other pe rson with fi nanc ial advantage , o r with info rmat ion which
could be used for financ i al advan tage . If a n employee fi nds t hat
he /she has a n outs i de f inanc i al inte rest which could be affected by
City plans o r act i vities , he/she must immediately r epor t the
s ituation to h is/he r s upervisor . Ea c h employ ee is charged with the
responsi bility of e nsu ring that he/she releas e only i n fo rmation that
he/she ha s autho rity a nd r esponsibi 1 i ty t o r e lease and that should
be made ava i lable to the general publi c . Vi olation of privileged
i nfo rmat ion o r use for private gain i s j ust c ause fo r dismissal.
Thi s section shall not be cons trued to be i n confli c t with the State
Publi c Reco r ds Act.
5-26 -8 : r'AMILY EMPLOYMENT Ri':STRICTIONS
No membe, of the immediate family of an em ployee may be
employed , pro100 t ed , derroted o r transfe rr ed on a permanen t pa rt-t i me ,
o r tempo rary basis , to a tx>Si tion whe re that re lat ive woul d be
s upe r vised by o r super vising , influenced by o r influe nci ng, the
activities of that empl oyee . "Inmed ia te f ami ly" i s def ined as
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blood , marital o r step r elat i ve, i ncluding f ather, oother , son ,
daugh t er , brother , siste r , uncle , aunt , first cousin , nephew, niece ,
husband , wife , fatne r -in-l aw , oother-in-law , son-in-law, s tepfather ,
stepmother, stepson , stepda ughter , s t epbrot he r , stepsister,
half-brother, halt-si ster, or any ward of an employee living wi t hin
the same household .
5-26-9: UNLAWFUL ACTS PROHil:IITED
My employee of the City of Englewood who knowingly v iolates
,my o f the p rovisions of this section s hall be subject to d i smissal
f r -,m hi s/he r position in the Ci t y service. Violation of any of t he
provisions of thi s sec t ion shall be considered to be j ust cause fo r
dismissal from employme nt wilh the City of Englewood .
(1) No pe r .;on s hall ma ke any false statement , certificate ,
mark , rating, o r repo rt wi t h regard to any test, certification or
a ppo i ntment made und e r any provisions of t hese r ules and regulat ions
or in any maMe r c011'11lit o r att empt to c011'11li t any fraud p r eventi ng
the i mpartial e xecution of these rules.
(2) No pe r son shall , di r ec t ly or indirectly , give , render ,
pay, o ffer , solici t or accept a ny oo ney , service o r other va lua bl e
cons ideration for any appointment , proposed appointme nt , p rooot ion
o r pr oposed pr011'0tion to, or any advantage in , a position wi th the
City of Englewood government .
(3) No emp loyee shall defeat , deceive or obst r uct any person
in their right to examination, eligibility , ce rtifit:ation o r
appointment under these procedur es , or f urn i sh to any person any
special o r conf i dential infor mation for the pu r pose of a[fect ing the
right s or prospects of any pe r son with respect to employme nt in the
City se rvice .
5-26-10: LOYALTY 0/\TH
All pe rso s who now o r hereaft e r are employed by the City
shall be r equ ireJ to take the City loyalty oath . Penalty for
refusing may include, but is not limited to , the i!Mledi a te discharge
of said pe r son.
S-26 -ll: USE OF CITY PROPERTY
No employee shall misuse City time , facilities , equi pment, or
supplies for private ~•in . I t i s the duty of ever y employee to
reasonably protect and conserve all City property ent rusted t o
~im/her .
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Section 2. SAVIl'l,S AND REPEAL CLAUSES . ----
If any provi sion of the Ca r ee r Se rvice System rules and
r egulations or o r der thereunder , or the appli cation of such
provi sion to any person or circumstance s hall be held i nva lid, the
remainder o f the career Se rvice System rules and r eg ulat i ons or
order to any per son o r c irc umstance , othe r than those to wh ich it
i s he ld invalid, shall not be a ffected the r eby,
All l aws or pa rts of l aws and rules in confl ict with the
prov! r ions of these rules and regulations a r e hereby r epee!ed,
insofar as the same conflict with the prov i sions of th~se r ules and
r egulat ions . All state and federal laws that a re in conflict with
these provisions and which preempt these p rovi sions by mandatory
a pplicati on t o l oca l elll)loyees shall repeal t hese pr ov isi ons to the
extent they are applicable .
Sec tion 3. That '69 E.M.C, 5-1-1 is amended to r ead as follows :
5-1-1 : LABOR r'EI.AT IONS oorrES OF THE BOARD
The Engl ewood Ca r eer Service Board c reat ed by Section 5-11-4
(d) (hereinafter t he "Board") shall have the following labor
relations duties and powe rs :
(a) To grant exclusive r ecogn i tion to an employee
o r ganization to repr esent full-time classified employees of an
app ropriate ba rgaining unit for purp:>ses of collective oa rgaining .
(b) Pursuant to Section 137 : 6 of the City Cha r ter , t o
conduct heari ngs arid bsue findings of fact and r ec. 11enda tions fo r
r esolution of manda t ory s ubjects of ba r ga ining upon which the
parties are at impa sse .
(c) To act as the final authority with respect to approving
inclus ions in and excl usions from app ropriate employee ba rgaining
units .
(d) To s upervise elections for selec ti on or re tention of
certified employee o r gan i za ti ons and t o certify the r esults of such
elect ions.
(e ) To hea r and decide contested matters involv ing petitions
for selection or retention of a certi fied empl ".)yee o rganization and
petitions for cla r ification or amendme nt of an existing app ropri ate
bargaining unit.
(f) To hear and dete r mine whether any proposal or demo.nd is a
mandatory subject for bargaining within the mean ing of Section
1.37 . 5 (a) of the City Charter.
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(g) To h~a r and dete rmine grie va nce appeals for a ny full -time
class ified e mpl oyee who se po si tion f a lls within a n appro µrl a te
ba rgaining wiit for any matte r which i s an alleged viol atio n of the
applicable c ollective bargaining agreement. Ne ithe r the Boa r d nor
Hea ring Officer shall have the powe r or a uthor i ty to add t o ,
s ubtract from, or modify any of the t e rms of the appli c a bl e
collective barga ining agre ement.
(h ) To appoint a Hea ring Of fic e r (wi t h de mons trabie abil i ty
i n labor a nd employee r e l at i ons) t o ruke find ings and
r ecommendations to the Boa rd for its f i nal approva l with respec t t o
gri e vance appeals, and a ny hea r ing o r pre-electi on confe r e nce as may
be d' •ected by Or dinance with res pec t to petitions fo r select i on o r
r ete .. tion of a c e r tified employee organi zation o r a pet ition for
cla ri fi ca ti on or amendment o f an ex i sting a ppro priate ba r gai ning
Wl i t.
( i) To eff ectua te the foregoing Ord inance by maki ng dec i s i ons
a uthor ized above , but the Board i s not autho r ized to o r de r any
pa r ties to take any action not s pec ifi ca lly r equired by Cha rte r,
Ordinance , o r Collective Ba rgain ing Ag re e me nt.
Sect ion 4 . That '69 E.M.C. 5-1-2 , 5-1-3 , 5-1-4 , 5-1-5 , 5-1-<i ,
5-1-7 , 5-1-8 , 5-1-9, 5-1-10 , 5-3-1 , 5-3-3 , a nd 5-3-6 are r e pealed .
Section 5. Title IV 'G9 E,M,C. i s amended by t he add i t i on of a new
Cha pter V t o r ead:
4-5-1: ELECT [ON OF CAREEil SERVICE Bll<\RD MEMBERS
The follow i ng p r ocedures sha ll a pply for t he fu ll-t i me
pe r man ent classi fi ed employees election o f t wo members t o the Board
of Ca r ee r ~l!rvice Corrm i ss i oners:
(a) Candidates fo r the Boa r d of ca r ee r Se r vice Co!Tllli ss i oners
shall be nom inated by pe t itions on fo rms supplied by the Directo r of
Finance , ex offici o City Cle rk-Tre asure r. A petition of nom ination
shall con tain the name and a dd r ess of only one (l) cand i date .
(b) Nom ination petitions may be circula t ed and s i gned
beginning on t he 35th day and ending on the 15 t h day prior to
elect ion . Each pet i tion s hall be signed by at least twenty-five
(25) full-t i me permanent classif i ed Ci ty e mployees .
(c) Ea ch nom ina t i on petition shall be filed wi~h t he Di recto r
of r'inance "° late r than the 15 th da y p r io r to the day of e l ection .
Every s uch pe t ition shall be e ndo r sed the r eon the written aff i dav it
of th,, c and idate , a ccepti ng s uch nomina tion. The acce ptance o f
nominat i on s ha ll cont a i n t he fu ll name a nd place o f r esi dence of the
candidate .
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(d) The City Election Corrrnission, at least ten (10) days
befo r e s uch election , shall give written notice of the election,
stating the date thereof , establishing polling place or places , in
all locations convenient to said City employees, and listing the
names of those candidates ...tiose nominations have been certified by
the Directo r of Finance.
(e) The City Election Corrrnlssi on shall be guided in the
conduct of sa id election by the gener al rules of election a nd
suffrage as contained i n the Co lorado Statutes , as amended, insofar
as they provide guidelines for the printing of ballots , the
selection of observers , procedure, counting ballots and reporting
results. The Election Corrrni ssion i s hereby char ged with ensuring
the purity of e lec tions.
(f) The Di rector of Employee Re l ations shall provide to the
Election Comm ission a list o f names, in alphabetical o r der and their
depa rtments , of all employees who are e ligible to vote. Such list
sha ll be pr ovided not l ater than fifteen (15) calenda r days prior to
the date o f election.
(g) Absentee ballots or balloting by mail may be used if the
Election Comnission finds employees whose offic ial duties for the
City prevent them from being present at a polling place o r who may
be on authorized leave of absence o r vacation.
(h) The nominee r eceiving the highest plurality of votes
shall serve for a t erm of fou r (4) yea r s . In the even t two (2)
vacancies are to be fi lled , the nominee receiving the next highest
p i urality shall serve fo r a term of three (3) years .
(i) Whe n an election in which the ba llot r ovides for three
(3) o r more cho ices results in a tie vote, for either of the top two
(2 ) pos itions , a r unoff e lection shall be conducted within fifteen
(15) calendar days o f the init i al election . The Election Co mmi ssion
may , in its disc retion , maintain t he same eligibility lis t of
employees as certified by the Director of Employee Relations .
4-5-2: RECALL OF CAREER SERVI CE IJOARD MEl'IB ERS
Th ose full-time permane nt classified employees may r eca ll
either of the two (2) members elec t ed by them in the following
manner:
To rerrove an elected Bo a rd membe r from office , a pet ition
sha ll be c ircula t ed r eque sting the r ecall of said member . Said
petition , when signed by full-ti me permanent classifi ed employees
equal t o twenty-five pe r cent (25%) of the numbe r of all full-time
permanent classified employees voting at the next previous election,
shall be fi l ed with the City El tion Commission , who will set a
date fo r a r ecall e lec ti on t o be held withi n thirty-five (35)
63
ca l e nd a r days followi ng the filing of t he petiti on . the e l ect ed
Board member t o be r ecalled may either resign or file with the
Election Conmission a not ice of h is intention t o be a candidate i n
the r ecall election. Ot he r cand i dates fo r t he office held by the
e l ected offi cer to be recalled shall qual i fy by petition as
prescribed by Section 4-5-1 of this Title . The candidate r eceiving
the hig hest number o f votes in the e l ection shall be declared holder
of the o ff ice. The successful candidate is the e l ected officer
wh os e r ecall is requested , he shall continue in office un til the
expiration of his ter m; if t he successful candidate is someone other
than t he r ecalled membe r, he s ha ll f i 11 o ut the une xp i red t e r m of
the offi ce .
4-5-3 : IMP LEMENTATION OF ELECTION AND RECALL PROCEDURES
'!'he Elec tion Colllll ission shall ma ke such additional rules a nd
r egulations as in thei r judqment may be ner.essa r y to implemen t t he
above p r ocedur es .
Sec tion 6. Tha t '69 E.M.C. 5-3-2 is renumbe r ed 5-3-1; '69 E.M.C.
5-3-4 i s r enumbe red 5-3-2; '69 E.M.C. 5-3-5 is r enumbe r ed 5-3-3.
Introduced , r ead in full, and passed on fi r st r~ad i ng on the
22nd day of Feb r ua r y , 1983 .
Publ ished as a Bill for an Or dinance on t he 2nd day o f
Ma r ch , 1983 .
Read by ti tle and passed on final reading on the 14th da , of
Ma r ch , 1983 .
Publi s hed by title as Ordinance No.
the 16th day of Mar ch , 198 3.
Attest :
/s f Gary R. Hi g bee
ex off i cio Ci t y Cl e rk -Tr e asurer
64
1 4 Series o f 1983 , on
/s / Eu ge ne L. Otis
Eugene L. Otts , Ma yo r
I
I, Gary R. Hi gb ee , ex officio City Cl e rk-Treasurer of
·he City of Eng l ewood , Co lorado, h ereby cer tify t h e foregoi ng
is a true , accura te a nd complete copy of t he Ordin ance passed
o n fina l reading and pu b li she d by ti tle as Ordinance No. 15
Series of 1983. --
/s/ Gary R. Hi g be e
Gar y R. Hi g bee
65