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Home My WebLink About1983-03-14 (Special) Meeting Agenda,. City Council Meeting ~~~:~sr -March .;r, 1983 14- • • - 0 City Council Meeting March 21 1983 RESOLUTION II • • • • 15 ORDI ANCE # 15, 16, 17, 18, 19 0 0 • I . - ' 4 • • • • - CALL BY THE MAYOR OF A SPECIAL SESSION OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 14, 1983 The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special aeeting at the City Hall, 3400 South Elati Street, for the purpose of conducting regular business deferred because of the cancellation of the regular City Council aeeting of Karch 7, 1983. An agenda detailing the nature of this business is attached. f!::i!f!u~ f!:;;::TI~~ City Manager Mayor AK/ab AC~NOWLEDGE OF iECEIPT OF NOTICE The following persona, all Coun c il Keaber1 of the City of Engl e - wood, do hereby acknowledge re c eipt of noti c e of the above special aeaaion • • I • • • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL & MARCH 14, 1983 •·"v-Y I / ~ 7:30P.M. Call to order, invocation by Mr. Mac Bartee, Engle- wood Church of Christ, 4690 South Logan Street, pledge of allegiance by Boy Scout Troop #92, J and roll call . l ~· l. Minutes. ~ £h~~ (a) Minutes of the regular meeting of February 22, ~~·-/)' 0 1983. (Copies enclosed.) (b) Minutes of the special meeting of February 28, .I . 1983. (~opies enclosed .) 0 ~~~'-- 2 . Pr -Scheduled Visitors. (Pl ase limit your pre- sentation to 10 minutes.) ~ ~ ~ ~ I (a) ,,o (b) (c) (d) Mr. Dustin Woodward, M ster Counselor, and other representatives of OeMol y will be present to accept a proclamation proclaiming the week of March 13-19, 1983 as "International OeMolay Week." (Copies enclosed.) Municipal Court Jud e Louie Parkineon will b pres nt to discuss the Ordinance implementing the Car e r S rvic~ Systea. (Copies nclosed.) Ms. Julie Stark, EEA Pr sident, will b present to di cu a the Ordinance implementing the Care r S rvic System (Item 7c). will be pre- the (d) Kr. ~~~--~~n. EPIA Preaident, will be pre- sent Car r th Ordtn n e tapleaentin& h ystea (tt • 7c). • I • • Page 2 March 14, 3. 4 . ~5. 6 . • • - 1983 Agenda Other Visitors. (Due to special meeting status, there will be no dis c ussion under this se c tion.) Publi c Hearing. (Due to special meeting status, there will be no dis c ussion under this section,) Communi ca tions -No Action Re com mended. (a) Minutes of the Urban Renewal Authority meeting of February 2, 1983. (Copies enclosed .) (b) Minutes of the Planning and Zoning Commission meeting of February 8, 1983 . (Copies enclosed.) (c) Minutes of the Downtown Development Authority meeting of February 9, 1983. (Copies enclosed.) (d) Minutes of the Downtown Management Committee meeting of Februa r y 10 , 19 3 . (Copies enclosed.) (e) Minut es of the Pu lie Lib rary Bo ard meetings of F bruary IS and 2 , 1 3. (Copie s enclosed.) (f) lnute o h e r •ee 1 n o Communications -A meetin statu , th r th I ect ton .) loard o Car er Se rvice Commission- •war 20, 1 J . (Copies enclosed.) (D ue to special no dt cus sion under 7 • Ci ty At torn y. Ord in n ces on Final Reading . Ordln n · rep alln ~tlons 1-51 of Title I, Chapter 6, Enatewood Hunt cip 1 Code of 1969, p r oviding pro~edu r e for jury trials, sai d procedure• betn addreased by State Legislation, and d cla rlng n n y. (Copies nclo d.) Ordinanc app r oving n e se ment to a ttl dis- put d property linea at Oxford a nd Broadw ay , 4101 South llro dway. (Copiea e n cloae d.) Ordtnan e i•pl mentlna S of the En lewood Hom th C r er Servi ys •• wood nd makln conforaln n·loaed .) tlon 138 of Arti cle XV, Chart r by ena tina of th City o !nal - •• ndm nt a . (Coplea • ) I • ( • • • • Page 3 :-iar..:h 14, 1983 Agenda 7. 8 . 9. City Attorney (Cant inued). Resolution . (d) ~ t9-o 11" Resolutio n a cce p ti n g the res ignation of Ti Flynn as Ass istant Cit y Attorn v u !tute Prosecutor . (Cop ies enclo~ed .) Proc.lamation . rJJ > trl 0 '1, Procla mat i on pro c l ai mi n g Mar ~..h 20-26, 1983 as "Nation a l P ois on Pr e v en t ion Week." (CopiP~ enclosed .) (f) Proclamatio n p r ocla!minr, 1981-19'1 o .. u,.,.,cl,. of D l sa b 1 e d Per so n.s • " (Cop i • s ,.,,_ It) e d . ) "~"o .._~.,I) a~ Ot her Matte r s . {) (g) (h} Stipulation for dismi al for Briel vs. City of Englewood Liquor License Authority. (Copies enclosed .} Attorney's Choice . (Du to pt>,o•l mt•t-tln;: status , the r e will be no discus !on under this sec t ion .) City Man ger . (Du to specl l will be no d iscussion und r thi tlng t tus, there section.} General 01 cusslon . there will hP no dl (Du to spect 1 c.u lon undPr thl lnR St<ltu->, l I i l)O, ) 10),. Adjournment . ) I " ./ I /. ~ ?1~//11 'L D [~"" A DY C CO~N ~. Cit Managr b' J A':'o/ h I • • ---• • • CALL BY THE MAYOR OF A SPECIAL SESSION OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 14 , 1983 The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at the City Hall, 3400 South Elati Street, for the purpose of c ondu c ting regular business deferred be ca use of the cancellation of the regular City Coun cil meeting of March 7, 1983 . An agenda detailing the nature of this business is attached. /L~'I~t,,,~ ANik' MC COWN EUGENE L. OTIS City Manager Mayor AM/s b ACKNOWL EDGE OF RECEIPT OF NOTICE The follo wing per sons , all Council Members of the City of Engle- wood, do hereby acknowledge receipt of notlce of the above special ession. I • • • • • ~A . ~-f'3 ROLL CALL '7 : & ~ Y'>) Mov ed Seconded Ayes Nay Abse nt Ab sta in H1q<1av Neal Fitzpatrick Weist Bi lo Bradshaw Otis ~ -(;~ {Q;Go ~ IY)tlL i!Jaclh- '~ 7~ ci'uuJ-~ fo9z_ 1 /~ (]~ / ~Mft' ?he-~ ~~ C__/J ~ 'l l,jJ • I . • • • - PROCLAMATI ON WHEREAS, The United Nati o ns has ad o pted a World Pr ogram o f Action for Disabled Persons and has officially decla r ed the period 1983-1992 as the Decade of Disabled Pers o ns and has urged all nations and o rga nizations to continue the momentum o( Lh e 1901 International Year of Disabled Persons in furthering the full participation of the world's half-billi on per snns with disabilities; and WHEREAS, the International Year of Disabled Per sons led tr. widespread commitment and action to further the full parti cipatinn o f Amer ica 's 35 millinn persons with disabiliti es iP .:~11 ilS[PcL.; n( national and community life; and WHEREAS, the International Year observance led t~ the proclamation by the Congress and the President o f the United States of 1982 as the National Year of Disabled Persons, to the formation o f the National Organizati on on Disability and to the wide spread use o f the slngan , "Par ticipation Thr o ugh Partnership"; and WHEREA S , these partnerships between persons wit h and without disabilities ; between government and the privat e secto r; and amof'lg state, local and natic-.nal o rganiza tions arc cr.ntinuing tr. improve the lives o f Americans with disabiliti es ; and WHEREAS, further progress sh o uld be made in the United States toward increasing understanding o f the unmet needs and potential cont ribution of America's dis abled citizens in further- ance of the following long-term g o als of and for disabled persons , as set forth during the 1981 nd 1982 obse rvan ces: exp1nJed cduc.- ti<-nal cpp<'rtunity ; improv d ccess t h u ing , bui1 irys nd transprrtatirn; greater ~·PP rtunity for rnploymert; purfJ• eful applicati r.n .,[ bi<'m dical r se r ch im d cnn-1u ring IR J< ,. disabling corditiNl ; r duction in the il'c d I'C .f di bility th r ough accident and disease prev nti<'r; OW, THER POE, I, EUGENE L. Erglewrod, Cr r dr, dr hereby procl THE DECADE OF DISA LED PER~ONS in th h nd and eal th 4t h o( 2 h, 1 83 . I • • • • --------A . ~-f3 ROLL CALL ?: & (f '()) Moved Seconded Aye s Nay Absent Abstain Hiqday Neal Fi tzoatrick Weist Bi lo Bradshaw Otis ~ -t ~ (Jl;Go ~ fr)tlL fj(J£t&._ --"') I ~ 1.3a-c:S'u..J-~ -fF92_ • 1/~~ CJ ~ I Gz ~ m ~ :&-~ L/1 ~ LjJ I . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain H1qday ......- Neal t..-- Fitzoatrick ......- Weist ......- Bi lo ....- Bradshaw ,..- Otis ......- • I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -Higday \ Neal T v Fitzpatrick I Weist I Bi lo v Bradshaw Otis ~ I a-. I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Higday Neal ' v Fltzoatrick I Weist I v Bi lo I Bradshaw I Otis \ I • • • • • • __ _, ________ _ ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' H1gday I Neal 7 .....-Fitzpatrick I Weist I Bi lo v Bradshaw Otis ' I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis I • • • • • - ----- ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain H1qe1ay Neal Fitzpatrick Weist Bi lo Bradshaw Otis I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fitzoatrick Weist Bi lo Bradshaw Otis I . . • • • ! • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain HiQ(fay Neal Fitzoatrick Wei st Bi lo Bradshaw Otis I . • • • • Mov ed Seconded Aye s Nay b nt A se Abstain =l -.---r----1 - ..!!.I ay -r------ 1-Nea_!_ r--Fl tzpatrick -r-- I .. Weist I - t---~ -.J!.i lo 1 1 F--r-Bradshaw Otis L--..1_ I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Fl tzoatrick Weist Bi lo Bradshaw Oti s c:l'ct' K~o~ 43 6-7 5 -r£. FF/1 -~~(J~ ~-up~ ;q~L_ ~ ~ !;,.,~......,..., ~t!LJ~~ I . - • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain Hlgday Neal Fitzoatrick Weist Bi lo Bradshaw Otis o/L ;{Jc1~ j0/3 %_~ £7BA. -~0 ~ ttw1-u-~ ~ -vLuW ~ ~ ~~ l.dM__ dftv~U~~~ l~-4 ~~~ ~ ~---~ I . . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday v-Neal Fitzpatrick Weist Bi lo L----Bradshaw Otis '- Ja__ ;(· I • • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain v HfQifav Neal v--Fi tzoatrick Weist Bi lo Bradshaw Otis \ 7~. (2 8J:lll I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ Higday Neal v Fitzoatrick Weist I -Bi lo 7 Bradshaw I Otis I \. I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higaav v-Neal Fitzpatrick Weist Bi lo v-Bradshaw Otis 1c__ c (3d± !cf ;tf -~ -~ I • • - • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab stain Hlqday Neal Fitzpatrick Weist Bi lo Bradshaw Oti s I . • • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain llTgoay Neal v-Fitzpatrick Weist Bi lo Bradshaw Otis I . • • • • ROll CAll Moved Seconded Ayes Nay Absent ·..;;,. Abstain Higday 1 Neal I Fitzoatrick I Weist Bi lo Bradshaw -1 Otis '- I • • -• • .. • ROLL CALL Moved Seconded Ayes Nay Abs t Ab en s tai n Hiqdav Neal Fitzoatrick Weist Ri lo Bradshaw Oti s C JJ _ j)~ :&;05' ~-~, ~ rqp~~ ~~(" ~ ~~ 1 . ~ ;). CJ:,) /)'Y'C J y( ( fl-J-a ) 15.~ F~f };iiee_ ~~ ~ ~t-~ ,~-~~6 I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain Hi(]day Neal Fi tznatrick Weist Bi lo Bradshaw Otis I . • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' H 1 <Jdav T Neal I ¥ Fi tzoatrick I Weist 7 Bi lo I V'" Bradshaw l Otis '- I • • • • • • • ROL L CALL Moved Seconded Aye s Nay Absent Ab s tain H1qt1av ' Neal I ,.......-Fi tzoatrick I Wei s t 7 Bi lo ........ Bradshaw I Oti s \._ 7~. I • • • • • • .. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ,_....... Higday \ v Neal Fitzoatrick Weist Bi lo I Bradshaw 1 Otis I \. I • • • 1 0 Moved Seconded ROLL CALL Hiqday Neal Fitzoatrick Weist Bi lo Bradshaw Otis • • • Ayes Nay Absent Abstain 0 I • • • • - • • Q ROLL CALL Moved Seconded Ayes Nay Absent Abstain ..!!_~ Nea__J Fit~atrick Weist Bi lo Bradshaw Otis I ~--------~--------------~--. - P R 0 C L A M A T I 0 N WHEREAS , rur sr.ciety hds bec•01ne ir'c r teasirJly cJ .. p •r lvr l " ho u sehr.ld chemicals t o perform labr.r-sLlvi g , llme-,a·;ir J mir l\.:l•1s; and nr medicire tr pr0vide health -givirg , lifP-su:;t .JirirJ I>Pr.•fil .; and WHE EA3 , these prrducts , wher rnt used a~ irterded rr di r ected , may be haZF.Irdnus , particularly if C"hildrer ·ydr· , T • ·~ ~, them ; 1rJ .-iHEHt:AS , rver th past 22 years , the racirr hds !.Jeer rbservirg PC"isrr Prevertirr Week t o call attertirr t< these Llr ard hrw prrper hardl irg ard dispr.sal r,f these s bstarce J P", !'' 1-' r use rf safety packagirg car help elimir te them; ar.u \ ricKEAS , child swallrws these prr.grams must crrtir ue a~ lrn d .• eJ< r hr.usch0ld pr0du l 0r melicin• hy mislt:••; r r iv , THEREFORE , I , EU EEL . OTl.>, Mayor rf the Ci 'I rt £rglewrrd , Crlr.r adn , dr· hereby proclaim March 20 -2G, l'JI:lJ , , PO.<SO PRt':VE TlOt \"'EeK ir t h's City . Further , I Jirect the apprr.priate agencies real grverl"m rt tr cr:ntirue their cn·pr.>r li r Wl h ci izers .3rcl cnmr.writy r:n:1 nizotirrs , ircludirJ ccu r !. •v, :rp proqr m which wi 1 1 rt rur per.pl • t<' h .<H Jf'f r[ mi. ..... trJ m•clt ·iPt·S rJ hr .;t!h< ld IH' l•1 c1 ~· eft~c::.ve tteJUar~s gu"rst acci ertal pr.i.,r:r 1r 1 ! .~ r 4 r . .. al L h i ., l ·1 It d '/ f I~ II •h , 163. '. • • • 2 A P R 0 C L A M A T I 0 N WHEREAS, the Order o f DeMolay is a chara cte r bui l~ing organization o f young men from thirteen to twe nty-nre yeJrs n ( age wh o are seeking t o prepare themselves to become better citizers ard leaders for t omo rrow by developing those trait s nf chdra :er which have strergthel"ed good mer il" all ages; al"d WH EHE AS , the o rga nization ha5 carried nuL the l< remer tu red goals for sixty-four years through programs of athleti c c<mpeti- tion , social activity, commurity service ard charitable prr.je t~; and WHEREAS, the members of the Englewood Chapter will r.bserve the year r.f 1983 as the 64th anniversary o( the Order sn as tn exemplify to all citizens here al"d everywhere their mary activities, ard to terder rec og l"ition to their milli nns t< Serir .r DeMo lays; NOW, THEREFORE, I, EUGENE L. OTIS , May o r r.f the City nf Englewood, Cnlnradn , do hereby pr ocl aim the week r( March lJ -lJ , 1983 as INTERNArlONAL DeMOLA¥ WEEK in Englewr.o d and call upon all o ur citizens t n join !,.., salu irg h yr.urg mer r( the Ord r o f DeMr..l y, and in expr ·~!>ii"J ur Jr<.~L ·l J] p~rec! tlrn fr.r the fil"e example set by them in crrt ribu 1n t the e f re nf ru r cc-mmunit y by addressin thems lve Lt he buildin9 rf gr.r.d cha ra cter am<"l"g ur y outh , hus idircJ it h develr.pmert r.f leadership fnr tomorrow. rd s l this 1 4t h clay C M rch, l 63 . • I • • • REGU LA R MEETING: • • • COUNCIL CHIIMPERf City of Englewood , Colorado Feb ru a ry 22 , 198~ 7 The City Council of t he City of Englewood, Arapahoe Coun t y , Colo r ado , met in reg u lar s e ssion on February 22 , 1983 , at 7 :30p .m. Ma yor Oti s , presiding , ca lled t he meeting o order. Congr ·ga legianc The invocation was given by Minis te r .Jim Clilrk, M'y lnw .. r lOni'll Church , 1001 South Acom a S t r eel. Th<' pl••d qr· (Jf dl- was led by May o r Otis . Mayor Otis asked for roll call . Upon a call of he roll, the following were present: TH Council Members Higday , Neal , Fitzpatrick, Weist, Bilo , Bradshaw , Otis . Absent: None . The Mayor declared a quorum present . * * * * * * * Also present were: City Manager McC o wn Ass is ant City Manag r Vi'lr City Attorn y DeWitt •' Assist11nt City A torney Ho 11 iln~ Chi f of Polic Holm s Director of WCistewa er Tr Owen Di r ec tor of Engineering s rvicc~ Oi~dc Di r ctor o( Employ R la ions BeVir D pu y Ci y Cl rk Well kin * • • • • • • COU 'CIL ME,..BER RADSHAW MOVED TO APP ROVE THE MI~UTE. 0 RF:GUL R MEF:TING OF FE BRU ARY 7 , 1 !>81. Council I'! mt « r r 7.p conded th I'IOtion . Ci y McCown no ed a correction 0 th inu I " IR~T" 0 • T II I." • • r i Q k I • • - february 22 , 198 3 Page 2 • • • Council Members Bradshaw and Fitzpatri c-k ?crpptcd t'l' ch?ngc . Upon a call of the roll , the vote resulte d ns follows : Ayes: Na y s : Council Members Higday , Nea l , Fit .z pnlrick , Weist , Bile , Bradshaw , Otis. None . The Mayor declared the motion carried . * * * * * * * Mayor Otis presented a commendation to Mr . Mark Swohoda and Mr. James Romero , King Soo p ers employees , for assi sting in Lh suc c es s ful apprehension of a robbery suspect in the King Soope r s store in Englewood . Mr . Romero was not present . Mr . Swoboda accept d the presentation . * * * * * * * Mr. Brad Pollock , attorney repres nting Q Petr oleum , WAb present . Mr . Pollock stated the own rs of Q Petrol urn are in- terested in generating the area at 3601 South Logan into businc.s ac ivity ~nd reques ed a study session with Council or permi ssion o wor wi h City staff on alternative plans for his area in r la ions ip o he Downtown Developm n Pl an . Council Member Hiqday s a ed h Downtown D v lopm n len , whl ctl already ha n adop ed , calls for 3fi01 Sou 1 LOtJ•n op ns ac . ayo r Ot1s informed Mr. Pollock tha Counril would rudy propo al nd qe bee. o hiM • * • * * * * • Mayor 0 .I S 11 k d ther w r ny o thPr vi "l l <lr to spa o Council on any matt r a this time. cil . 1ght rs proc du r r ocedu r andy Pickre l , 4357 South Galap11go, pp Pickr 11 • a d he was pr sent on behalf o( th 1on as it related to he propos d Pickr ll sta ed the As ocia ion d Counc 1 o r mov a m mber of • I h In I • • February 22 , 1983 Page , .. • • • Board who was elected by the employee s. Anolber concern was the appeal method as beinp weak. A third concern wa s the l il'li t in:• of Lhe Career Service Roard meetincs. * * * * * * * Richard Welbourne, 3013 Znobia, Denver, Pol1c · Be nefit Assocation, appeared before Council . Mr. Welbourn expressed similar concerns regarding he administrative> rr oc • rlu r• ~ ,,s tho s (~ e xpressed by Mr. Pickrell. Mr . Welb ourne asked Council o look closely at the Career Service Board's recommen da ions . * * * • * Julie Stark , 6953 South Knolls Way , unincorpo r ated hoe County , appeared before Council. Ms . Stark stated she was Pres dent of the Englewood Employees Associ a ion and w~s repr ser. - ing the association 's concerns regarding the administrative pro e- duces . Similar to the concerns expressed by Mr. Pickr 11 an ~r . Welbourne, Ms . Stark expressed concerns about the administra ion procedures restricting outside employment. Ms. Sta rk s a d if nn mployee could not perform th e functions of a Ci y emr.-loy l' whet t" r it be for outside employment or otherwise , the ma ter co uld e handled differently by the disciplinary action provision. R s r ict- ing oustid employee was an invasion of privacy . * * * * * * * Larry Leydon , Police B nefit Associa tion , app ar d b for< council . Mr . Leydon ask d for more time to iron out problems _h employees have with the administrative procedures. * * * * * * * Judy Henning, 2951 South Franklin, app ar d b Coun- cil. Mrs . Henning sa ed sh was past chairman of the er S r- vic Bo rd. Sh congra ula d Lhos who had work d dur s . She stated the Board was getting ied up wi h s rative proc dur s wi h no background exp ri nc . I a very time-consuming thing. Sh saw more of n d for he group o h com a gri vane /iiPP 1 board .nd g t w y from tlu d<~y to d.y routin of things . She stat d the City was finally ge ting poli- cie on paper . Ms . Henning s ated th re will alw~ys som dis- age emen , bu her will hav o be c !on some im . Sh Rh~r d h cone rn o r moving a Car r S rvice Ao~rd m mb r who i 1 .c d y he mploye a . As far ~s r qui ring th Bo rd o m t mon h y, sh hought he Board hould m on a n ed-basis only. • I • • - February 22 , 1983 Page 4 • • • Council Member Fitzpatrick stated there wcrP only tw o reasons for which Council can remov e a Career ~;<•rvicc 1\o ,•t I rlf'm - ber . The Council would first warn the employee associntions of im proper actions of that member in hopes the associations would do something about it. Council Member Higday asked i[ Co un cil could remov a member of the Parks and Recreation Commissio n set in place by he School Board. City Attorney DeWitt asked to research the question and ge back to Council . Council /-~emb e r Neal staLed the pro c durcs iollow Car•·••• Service Board to meet whenever they need o , bu mus meet monthly . * • * * * • • John Wing, 6677 Ridgeview Drive, Morrison, Police Ben - fit Association, appeared before Council. Mr. ing spoke on the administ r ati ve procedures. Mr. Win g gave a history o( events 1 ading to th proposal . Mr. Wing asked Council to consider he concerns expressed at this meeting. * • • • * • * There were no othe r visi tors at this time • • * * * * • * COUNCIL MEMBER BRADSHAW MOV ED TO BRING FORWARD AGF.NDA ITEM 7H -COUNCIL BILL NO. 14 , SERIES OF 1983 , RELATING TO TilE 1\!lMtNT- STRATIVE PROCEDURES. Council M mber Fitzpatrick s cond d h o ion . Upon 11 c11ll of he roll, he vot r sul ed ll follows: Ayes: Council Memb rs Higdlly, N al , Fitzpa rick , Weist , Silo, Br&dshaw , Otis. Nays: None. Th M&yor d clared the mo ion carried. A sis ant City Manager Var91S s givin9 he sequ nc of BY AUTHORITY o. res nted the ad inis ven s 1 adin o t ra- prn- COU ClL ILL NO. 14 I • • • • • Februar y 22 , 1983 P age 5 S ERIES OF 1983 INTRODUCED P.Y COU 'C I L MI·MPPR tll f ·!. A BILL F OR AN ORDINANCE IMPLEMENTING SECTION 138 OF ARTI C LF. XV OF' TilE LNGLF.- WOOD HOME RUL E CHARTER BY ENACTING THE CAREER S ERVI CE' ~·y s TEM OF Till CI TY OF ENGL EWOOD AND MAKING CON FORMING AMENDMENT S . COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO . 1~, SERIES OF 1983, ON FIRST READING . Council Member Bilo spronded h motion . COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BlLL NO . 1~, SERIES OF 1983, WITH THE FOLLOWING : 1) ON PAGE 7 , LINES 2 AND 5 -INSERT "AND OTHER F UNC - TIONS" FOLLOWING "HEARING " IN BOTH LINES . 2) ON PAGE 4, LINE 2-ADD "AND" BETWEEN OFFICER AND HEAD . 3) ON PAGE 35 , IN 5-17-4(C), LINE 2 -CHANGE "AD" TO "AS". 4) ON PAGE 53, 5-24-6(A), LINE 1 -CHANGE "ORAL RFPRI- MAND " TO "ORAL CORRECTIVE ACTION"; LINE 3-S TRIK E "DIS- CIPLINARY"; LINES 7 , 9 , 10 -STRIKE "REPRIMAN D" AND IN- SERT "CORRECTIVE ACTION". ON PAGE 53 , 5-24-fi(B), LINE 1 -CHANGE "W RITTEN E- PRIMAND" TO "WRITTEN CORRECTIVE ACTION"; LINE 2-C IIANG F. BOT H "REPRIMAND S " TO "CORRECTI VE ACTION "; Ll f . fi -.'J'HIKI' "ORE SEVERE ". ON PAGE 53 , 5-24-6(8), PARAGRAPH 2 , LIN 1 -CHA GE "REPRIMAND" TO "CORRECTIVE ACTION"; LIN F. 4 -111\NGf: "RE- PRIMA " TO "CORRECTIVE ACTION". 5) 0 PAGE 58 , STEP IV , LINE 6-CHANGE "HE" TO "(S)IIE ". fi) ON 1\G . 59 , 5-25-9 , LI E 1 -ADD "THE" AT TilE END OF LIN l ; LINE 2-STRI KE "APPEALED". ON PAGE 9 , 5-25-9 , PA AGRAPII , LIN . -CHANG PLAIT " TO "APPEAL". 0 PAC 59 , 5-25-9 , PARAG APH 4 , LIN. l -CHANG "1 'E 'TY " TO "Tf TRTY ". "CO - I • • -• • • February 22 , 1983 Page 6 ON PAGE 59, 5-25-9, PARAGRAPH 5 , LINE l -AFTFH "DIIY~;" ADD "AFTER TilE CONCLUSION OF". 7) ON PAGE 61, 5-25-11(4): AT END OF (4) ADD "THE. BOARD OR HEARING OFFICER SHALL ISSUE ITS DECISION WITHIN 20 DAYS OF THE CONCLUSION OF THE HEARING". 8) ON PAGE 62 , 5-25-12(7), LINE 6 -AFTER "TRA NSCRI PT" ADD "OR LISTENED TO THE RECORDING". 9) ON PAGE 63 , 5-26-1 , LINE 1 -STRIKE SECOND "OF ". Council Member Bradshaw seconded the motion. Council Member Neal stated the limitati on of m eting was a misconception . The provision was to require at least one monthly meeting. There was no maximum . Mr. Neal stated he wan ed o look at outside employment that would interfer with a regular joh a a later date . Mr . Neal stated Council should have the right o re- move a Career Service Board member when the employe s would no take action. Council Memb r Fitzpatrick s atcd fi n ~l passag of Counc Bill No. 14 is scheduled for March 14. If anyone had further com- ments to make they should be in writing with a full un derstand1ng of the Council Bill. Upon a call of the roll, the vot on the o r ig1nal motion resulted as follows: ere: Ayes: Council Members Higday, N a 1 , Fi zpa ric , We is , Bilo, Bradshaw, 0 i Nays: None. The Mayor declared the motion carried. • • • • • • •communication -No Action Recomm nd d " on th agend11 ( ) It ) M "' of he Englewood Housing Au hori y o! 0 c mber 8, 1982 . lnu of h n p ala m e ing p- • I • February 22 , 1983 Page 7 (c) (d) (e) (f) (g) (h) • • • r~inu es of th e Po rk s nnd R <:l·r eill i o n Cum111i ,;- sion meeting of January 13 , 1983 . Minutes of the Planning and Zoning Commis- sion meeting of January 18, 1983 . Minutes of the Water and Sewe r Board meet- ing of January 18 , 1983. Minutes of the Urban Renew al Author l y ffi e ing of January 19, 1 983. Minutes of the Downt o wn Management Com mi l:t • mee ing of January 27 , 1983 . Memorandum from the Director of Engineering Services to the City Manager concerning h utility audit . COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COM~UNICATION NO ACTIO RECOMMENDED" AGENDA ITEMS S(A) -S(H). Counci I M rnh; r Fitzpatr ick seconded the motion. Council Member Bradshaw stated tre Minutes of th Parks and Recreation Commission meeting -January 13 , 1983, shou ld b corrected on Page 4 , last paragraph. Ms . Bradshaw s ated h r comments were that youth would be allowed to play golf wi h a member . Ms. Bradshaw stated her correction had already been no d a h las Pa rk s a nd R crea ion Commission m ing. Upon a call of h roll, h vot r sul eel i1S foll o w.: Ayes : ays: Council Memb rs Higd ay , Ne al , fitzpa r ic , I~ 15 , Silo , Bradshaw, Otis . on • The Mayor decl~red he mo ion car r ied • • • * * * • • As is ant City Manag r Vargas pres nted a Council Communi- c a ion fro h Southga e Sani ation Di tric and Engl wood ~at r a nd s w r c one rnlnq ru pl m n 1 Mr. v rg Bo rd r Co approval . • I • - • february 22 , 1983 Page 8 • • • COUNCIL MEMBER BRADSHAW MOVED TO APPR OVE TH E 1\NNF.XIITT ON O{' ADDITION OF LIIND INTO SOUTHGI\TE 51\NTTI\TION DT~'Trl I CT ~~I· hV I l'J-. /1111·11 , SUPPLEMENT 896. Council Member Silo seconded t he motion. U~on a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, N~al, Fitzpatrick , Weist, Bilo , Bradshaw , Oti s . None . The Mayor declared the motion carried. * * * • * • • Susan King, Senior Planner of the Community Devel opment Department , Planning Division, presented a Council Communication from the Planning and Zoning Commission meeting of January 18 , 1983 , concerning the South Slope Subdivision Plat, a Resubdivi- sion of Block 15 , Interurban Addition, at approximately 300 West Lehow Avenue . Ms. King stated the Planning and Zoning Commission recommends approval with six conditions wh ich Ms. King r ecited , and that the conditions be recorded prior to a building permi b ing issued . COUNCIL MEMBER SILO MOVED TO APPROVE THE RESUBDIVISI ON OF BLOCK 15 , INTERURBAN ADDITION AND TO DIRECT THE CITY ATTORNFY TO PREPARE THE NECESSARY DOCUMENTS FOR COUNCIL APPROVAL. Council M m- ber Bradshaw seconded the motion. Upon a call of the roll, th vote resul ed as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw , Otis. None . The Mayor declared he motion carried. ORDINANCE NO. 7 SERIES OF 1983 • • • * BY AUTHORITY * • • COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE AMENDING SECTION :?4, CHAPTER 11 , TITLE XI , OF TIIF. ENGLEWOOD UNICI AL CODE OF 1969, AS AMENDED, BY AMENDING SUB- SECTION (e) REDUCING THE ADOPTION FEE TO $20 • • I • • - • Febr ua r y 22 , 1983 Pa ge 9 • • • COUNCIL MEMBER BILO MOVE D TO PASS COUNCIL BILL NO . •, SERIES OF 1981 , ON FINAL READING . Counc-il Mt•mh<·r Fitzpdlrtd; : .. ,. ended t he motion . Upon a call of the r oll , the vote resul ed as follows : llyes: Nays: Council Member s N al , F'irzp-1Lrick , \~<'ist , Otis . Council Me mbers Higday , Bile, Bradshilvl . The Ma y or declared the motion carried . Council Member Bile stated he op posed th e ordinnncc on ll"' basis i was cont r a ry to lhe origin ill recommend,,, ion or tiH lit'"'' l Committee and it was an injustice to dog lovers. ORDIN ANCE NO . 8 SERIES OF 1981 * * * * BY AUTHORITY * * * COUNCIL BILL NO. r, INTRODUCE D RY COUNCTI MEMBER NEAL AN ORDIN ANCE AP PROV I NG AN AGREEMENT TITLED "TR IPAR TY AGREEMENT" BETWEEN THE CI TY OF ENGLEWOOD , COLORADO , THE ENGLEWOOD URBAN RP- NE WAL AUTHORITY , AND THE ENGLEWOOD DOWNTOWN DEV ELO PM ENT AUTHORITY ASSIGNING RESPONSIBILITIES FOR MATTERS RELATED TO TH E DOWNTOv' I PLAN . COUNCIL MEMBER NEAL MOVED TO PASS COUN CIL BILL NO . 6 , SERIES OF 1983 , ON FINAL READING. Council Memb er Bilo s cond_1 motion . Upon a call of he roll , th vet re sul ed a follow : Ayes : Nays: Co'-lnci 1 Members Higd a y , N al , Fi zpa ri ck , Weis , Bilo , Br adshaw , Otis. 'one . The Mayor c clar d he motion carri d • ORDIN CE NO . 9 "'ERIE' OF l9e " • • * BY AUTHORITY • • COUNCIL ILL INTRODUCED Y COU IL MFMBER 8 LO f I • - ( Februar y 22 , 1983 Page 10 • • • AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ~NGLPW OOO AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY PROVIDING FOI OPI::H/\'l'lNG STAFF, EQUIPMENT , AND RELATED SUPPORT . COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL 0 . 8 , S ERIE S OF 1983 , ON FINAL READING . Council Member Fit zpatrick sec- onded the motion . Upon a call of the roll, the vote re sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick , Weist , Bilo, Bradshaw, Otis . None . The Mayor declared the motion carried. ORDINANCE NO . 10 SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO . 7 INTRODUCED UY COU~CIL MEMBER BRADSHAW AN ORDINANCE REPEALING AND REENACTING PORTION S OF TITLE X, CHAPTff 3 , SECTION 4 , OF THE 1969 ENGLEWOOD MUN ICI PAL CODE , AS AMEND ED , RE- LATING TO AUTHORITY OF CITY FORESTER. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 7 , SERIES OF 1983 , ON FINAL READING. Council Member Silo s conded he motion . Upon a call of th roll , the vot resul ed as follows: Ayes: Council Members Higday, Neal, Fitzpa rick, W is , Bilo , Bradshaw , 0 is . ays: None . The M yor declared the motion carri d. ORDI ANCE 0. 11 SERIES OF 1983 A ORDI A CE AMF. DJNC TH CHAPTER 3 , ELATl C TO Til BY AUTHORITY COUNCIL BILL NO . 10 INTRODUCED BY COUNCIL M MBER BRADSHA 1 9 NGL WOOD MUNI CIPAL CODE , TJTL NONEMERCENCY R .TIREMENT PLAN. v, I • Febru ary 22 , 1983 Page 11 • • • COUNCIL MEMBER BRADS HAW MOVED TO PA SS COUN \Tf. r.ru . Nn. 1r1 , S ERJE S OF 1983 , ON FINAL HEADING . Council Member Bilo Sel:cmded llt L motion . Upon a call of the roll, the vote resul ted as follows: Ayes: Nays: Council Members Higday, Neal , Fitzputrick , Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO . SERIES OF 1 983 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO . 11 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE REPEALING SECTIONS 41 THROUGH 51 , OF TITLE I , CHAPTER 6 , ENGLEWOOD MUNICIPAL CODE OF 1969 , PROVIDING PROCEDURE FOR JURY TRIALS, SAID PROCEDURES BEING ADDRESSED BY STATE LEGISLAT ION , AND DECLARING AN EMERGENCY . COUNCIL MEMBER HIGDAY MOVED TO PAS S COUNCIL BILL NO . 11 , SERIES OF 1983 , ON FIRST READING. Council Member Fitzpatr ick sec- onded the motion, Upon a call of the roll, the vote re sulted as follows : Ayes: Nays: Council Members Higday, Neal , Fitzpatrick , Weist, Bilo , Bradshaw , Otis. None. The Mayor declared th mo ion c rri d. ORDINANCE NO . SERIES OF 1983 • • * * b Y AUTHORITY A BILL FOR * • * COUNCIL BILL NO . 12 INTRODUCED BY COUNCIL M MBER BILO AN ORDINANCE APPROVING AN EASEMENT TO SETTLE DISPUTED PR OPERTY LINES AT OXFORD AND BROADWAY , 4101 SOUTH ROADWAY, • I • • February 22 , 1983 Pag e 12 • • • COUNC IL MEMBER BILO MOVED TO PA SS COUNCIL BTU l W . I;>, S ERIES OF 1983 , ON FIRST READI NG. Council Memb er Bradshaw set.:o n dcd the motion. Upon a cal l of the roll, the vot e resulted as follows: Ayes: Nays: Council Members Higday, Neal , Fi zpntrick , Weis , Bilo, Bradshaw, Oti s . None . The Ma yor declared the motion carried . ORDINANCE NO. SERIES OF 1983 * * * * BY AUTHORITY A BILL FOR .. .. COUNCIL BILL NO . 13 INTRODUCED BY COUNCIL MEMBER FITZPATRIC K AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENT S MADE WITHIN PAVING DISTRICT NO. 28, IN THE CITY OF ENGLEWOOD, COLORADO; APPR OVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A S HA RE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND; PRESCRIBING THE MAN NER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY . COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 13 , SERIES OF 1983 , ON FIRST READING. Council Member Higday sec- onded the mo io n. Upon a call of the roll, th e vo resu lted as follo s: Ayes: Nays: Abstain: Council M mbe rs Higday, Neal, Fitzpa rick , W ist , Bilo , Bradshaw . None . M yor Otis. The Mayor declared the motion carried . * * • • • • • City Attorney DeWitt present d th resolution r la ing to Paving Dis ric No . 28 . Mr . D Wi no d he resolution call d for • public h aring on March 28 , 1983 , at 7:30 p .m • • I • • • • • February 22 , 1983 ( Page 13 • RESOLUTION NO . li SERIES OF 1983 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS WITHIN PAVING DISTRICT NO. 28 AND EST/\BLI S IIING 1\ 0/\TF FOR A PUBLIC HEARING ON THE ASSESSMENTS. COUNCIL MEMBER FITZPATRICK MOVED TO PAS S RE SOLUTION NO. -fi , SERIES OF 1983 . Council Member Bilo seconded h motion . Upon a call of the roll, the vote resulted as follow s : Ayes: Nays : Council Member s Higday , N nl , Fit zpAr rirk , Wei s t, Bilo , Bradshaw , 0 i s . None. The Mayor decla red the motion carried. • • • • • • • City Manager McCown presented a Council Communi c2tion ron- cerning the Si x-Quart r Budget for the period January 1983 to June 1984. Mr. McCown recommended a Fund Balance of $15 ,9 00 ; \lay Street Dra inage of $3 ,4 00 ; bringing the to al to $2 78 ,4Sfi . RESOLUTION NO. 7 SERIES OF 1983 A RESOLUTION AMENDING THE PUBLIC I MP RO VEMENT FUN D. COUNCIL MEMBER NEAL MOVED TO P/\SS RESOLUTION NO. 7 , SERT~S OF 1983 . Council M mber Bradsha w s cond d h• mo ion . Up on call of the rol l , he vote resu lted as follo ws: Ay s: Nay The 1'411yor ca ion s v Council Members Higday, Neal, Fi zpa ri ck , Wi st , Pflo , Br dshll w, Oti-s. Non • cl11r d h mo 1on c11rri d • • • • • • • • I • • • • • February 2?, 1 983 Page 14 was forwarded to the Englewood Soccer Associ at ion r~nd pr .sen t r·d "' memorandum f r om Willi a m Belt, Seconcl Vi c Pr cs icl c•n t o f ti l'· l·:ll•JI•• wood Soccer Association approving the agreem cn COUNCIL MEMBER WEIST MOVED TO APPROVE THE AGREEMENT BE- TWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD ~OCCF.R A;snC TATION. Council Member Bradshaw seconded the motion. Up on a call of th e roll , the vote resulted as follows: Ayes: Neys: Council Members Higday, Nea l , Fitzpatrick , Weist, Silo , Bradshaw , Otis. None . The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPOINT TIM FLYN , ATTORNEY AT LAW, 3470 SOUTH MARION STREET, NO. 202 , TO THE COURT ADVISORY COMMITTEE. Council Member Neal seconded he motion . Upon a call of he roll, the vote resulted as follow s : 9:30 p . Ayes: Council Members Higday, N al , Fi zpa r ick , Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared th motion carri d . * * * * * * No further business wa s discussed. * * * * * COUNCTL MEMRER HI GD AY MOVED TO ADJOURN. Mayor 0 is adjourned he me ting wt hou a vo a /' • 0 I • • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado February 28, 1983 The City Council of the City of Englewood, Arapahoe County , Colorado , met in special session on February 28, 1983, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. I b The invocation was given by Council Member Thomas F it z- patrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Fitzpatrick, We ist , Bilo , Bradshaw, Otis . Absent: Council Member Higday. The Mayor declared a quorum present. • Also present were: • • • • • • • City Manager McCown City Attorney DeWitt Assistant City M~nager Vargas Deputy City Clerk Watkins • • • • • RESOLUTION NO. 8 SERIES OF 1983 A RESOLUTION AUTHORIZING THE PURCHASE 0 CONDE MNA TION OF THE FEE SIMPLE INTEREST IN CERTAIN LAND IN TH CITY OF ENGL WOOD BY ENGLE- WOOD URBAN RENEWAL AUTHORITY FOR LITTLE DRY CREEK IMPROVEMENTS AND CARRYING OUT TH ENGLEWOOD DOWNTOWN DEVELOPMENT PLAN. SERlE 0 call o Ay MEM R B ADSHAW MOV D TO PASS RESOLUTION NO. 8 , Council M mb r Silo second d he o ion . Upon a roll, h vote r sulted aa follows: Council M eiat, 81lo , r a N 1, F zpatr c , radshaw, 0 is . • I • ( • • • • February 28, 19 83 Page 2 Nays: None. Absent: Council Member Higday. The Mayor declared the motion carried • • • • • • • • RESOLUTION NO. 9 SERIES OF 1983 A RESOLUTION AMENDING THE PUBL IC IMPROVEMEN T FUND. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 9 , SERIES OF 1983. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resul te d as follows: Aye s : Nays: Absent:. Council Members Neal, Fitzpatrick, We ist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion c arried. • * * • * • * COUNCIL MEMBER FITZ PATR ICK MOVED TO OPEN A PUBLIC HEARING TO CONSIDE R THE MARION STREET VILLAS PLANNED DEVELOPMENT REQUEST. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Ab ent: Council Members Neal, F itzpatrick, Weist, Bilo, Bradshaw , Otis. Non . Counc 1 M b r Higday. Th Mayor declared the motion carried. Council M mber Ne~l ask d Cor the City Attorney to commen on Council M mb r H gday'a ability to vot on this ma t r. on thi s the m ion Is City A orn r If h nd only a en • stat d Council M mb r H gday m~y vot o th ap or r ~ds a transcrip of o prior to a m 1ng a whi ch ac-I • • ...... February 28, 1983 Page 3 • • Mayor Otis stated the message would be relayed to Council Member Higday. Mayor Otis stated the purpose of the hearing was to con- sider the Planned Development of Marion Street Villas. Susan King, Senior Planner, of the Community Development Department, appeared before Council. Under oath, Ms. King pro- vided information about the case of Marion Street Villas wherein the developer, Arlan Payne, wishes to build "limited living units•. Ms. King stated Mr. Payne had originally planned to construct eleven singe-family attached units in five buildings. He constructed two of the attached units and because of the high construction costs and high interest rate was unable to complete the project. Mr. Payne has changed his opinion and as an alter- native development wants to build "limited living units" wh ich would double the density in the area. Ms. King reported the Board of Adjustment and Appeals determined the development would be com- patible with the other two units on October 13, 1982, and approved the density level. The matter of building four or more attached units under a Planned Development was referred to the Planning and Zoning Commission. The Commiss i on held a public hearing and on January 4, 1983, the Commission voted to approve the Marion Street Villas Planned nevelopment and refer the matter to City Council. The City Council discussed the proposal on January 17 , 1983 at which time a public hearing was set for this date February 28, 1983. Ms. King stated the purpose of the hearing was wheth er Council wi ll approve the layout and design of the Planned Develop- ment. City Attorney DeWitt asked Ms. King to address the traffic situation. Ms. King stated the access would be off South Marion S treet and there would be no use of the alley. Ms. King stated the traffic engineer indicated the i ntersection of Mar ion and Hampd en is dangerous but never indicated the closing off of th int r- section. In r spon e o Council Memb r N al's question, Ms. K1ng stated 39 of h site is useabl op n sp ce . Further, Ms . King tated by th u of imilar building types and materials th pro- posed units could b mad compa ible with wh at xis ther no w. * * • * * * • Mayor 0 Is ask d here was anyon presen wishing o p k to Council cone rning th Plann d D velopment. I • February 28, 1983 Page 4 • • Arlan Payne, 6120 w. Vassar Way, lakewood, the developer, appeared before Council. Under oath, Mr. Payne stated his original plan for 11 units was difficult to market. Mr. Payne stated he has tried to keep the area clean by hauling away trash, grading the lot and trimming trees. Mr. Payne stated his proposal is for a less obnoxious use than what can actually be developed there. Mr. Payne stated he was in partnership with Gary Ivey and Judy Zarlengo on this project. * * * * * * * Gary Ivey, 187 County Road 65, Evergreen, appeared before Council. Mr. Ivey was sworn in. Mr. I vey presented a map repre- senting the business zoning and locating the Planned Development. Mr. Ivey stated the map indicates the area is not a single-family residenti?l area but one of mixed use. Mr. Ivey noted the area has traffic and parking problems, and further, it was not a good site for children or pets. Mr. Ivey explained that marketing studies he has performed reflect the proposed Planned Development would be a good use for this area. Mr. Ivey provided information substanti- ating the proposal and defining "limited living" as two people. City Attorney DeWitt asked Mr. Ivey to provide the covenants governing this neighborhood of units . * * * * * * * Mayor Otis asked if there was anyone wishing to speak further in favor on the Planned Development. No one responded. * * * * * * * Mayor Otis asked if there wa s anyon wishing to sp ak in opposition of the Planned Development. An hony Frances Mont , 3527 South Marion Str et, app ared before Council and was s worn in . Mr. Mont present d a p ition against he Planned D velopment nd stat ed it was sign d by re- sidents of h area. Mr. Monte s ated h wan ed th neighborhood o rem~ln ~ lly-n ighborhood, nd he oppo ed th Pl~nn d D - v lopm n • * * * * * * • Wi llis R al y, 35 40 Sou h Marion St reet, ap ar d b- for Counc 1 and was s worn in. Mr. R aley stated he originally oppoa d th varianc o cons rue condomi nium s and con lnu d o op os h v lo on th b is i ook a w y from th aingl - fa ily cone • I • February 28, 1983 Page 5 * * •' * * • • • * * * Esther Vynckier, 3550 -3570 South Marison, appeared be- fore Council and was sworn in. Ms. Vynckier opposed the develop- ment on the basis that she saw parking to be a problem. * * * * * * * Mayor Otis asked if there was anyone wishing to speak further in opposition to the Planned Development. No one re- sponded. * * * * * * * City Attorney DeWitt recommended labeling City Exhibit 11 as the Planned Development Ordinance; City Exhibit 12 as Council Communication Agenda Item 3(a); Proponent's Exhibit 11 as the Certified Picture; Proponent's Exhibit 12 as the drawing presented by Mr. Ivey; and Opponent's Exhibit 11 as the petition submitted by Mr. Monte. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE EXHIBIT NUM- BERING AS RECOMMENDED BY CITY ATTORNEY DEWITT. Council Member Fitzpatrick s conded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Ab s nt: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. Th Mayor declar d th motion carried. In respons o Council M mber N al's questions, City Attorn y Sec lon 22.4A-8 of the Planned 0 velopm nt Ordin nee authorizes chen es in h D velo n Plan, nd Sec on 22.4A-9 places 1 ons on h proj c • * * .. .. • • May or 0 is as d or co n s rom nyon w shing to s ak on hta subj c Th non • * • • • • • ILO MOV TH PU Counc Upon roll, • I • February 28, 1983 Page 6 Ayes: Nays: Absent: • • • Council Members Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * Mayor Otis noted a decision would be made in 30 days con- cerning the Marion Street Villas Planned Development. Mayor Otis adjourned the meeting at 8:53 p.m. • • • • • P R 0 C L A M A T I 0 N WHEREAS, the Order o f DeMolay is a chara cter buil~irg o rganizati on of young men from thirte en to twe nt y-Gr c ye~rs nf ~ge wh o are seeking t o prepare themselves to bec ome better citizens ard leaders for t o morr o w by developing th o se traits nf chara ter whi ch have strengthened good mer in all ages; and WH EHE AS , the o rganizati n ha s carried ul t he <.~(< rementinred goals f or sixty-four years thr o ugh pr og ram s r .f athl etic cr.rnpeti- ti on , social activity, community service an d cha ri table prnje t~; ard WHEREA S , the members of the Englewood Chapter wi ll nbserve the year n f 1983 as the 64th anniversary of the Order sr as tr exemplify tn all citizens here and everywhere their mart activities, and tr tender rec o gniti on to th eir millirl"s tr Cl"'ir r DeMr.lays; OW , THERE FORE, 1 , EUGENE L. OTIS , May n r r( the City r f Ergle wr.n d , _nln radr., dr. hereby pr nc la im th W I!Ck r,f M ,Jr~;h ll -1'1 , 1983 as INTERNAfiONAL DeMOLA~ WEEK call upon all ou r citizens t jr.in in salu in <J lit! J rd r rf D Mr.l y , nd in exprc:.;:;iny t our Jruletul th fil"e x mple set by h m in crnt r i u ii"J 1nUI"i y by ddressing th mselv s t< the ct r m ng ~'Ur y~uth, thus idiNJ lP ttlc hip f r t m rr n • ncJ 1 t hi 14 II cl y f M r h , l 6 • • • r • I . • TO: I HOI : DATE: • • • MEt10RJl.llOUt1 ------- Honorable Mayor Eugene L. Otis and 1e mbers of the City Council Loui~ ~drklnson, Mun1ci~al Judge t·1arch 7, 1983 SUBJECT: COURT COt!CERNS R[GARDI NG COUNC [ L l.: ILL IW. 14 This letter is to convey to you grave concerns of the Court re- garding certian provisions of Council Bill tlo. 14 (The Cdr er Service Ordinance). The concerns involve the ability of the Court to mai ntain itself as an independent branch of the En qle l'lood City Government free of domination fror1 the nthPr two hranri!P<.. r•,•,t•nl.idl lo lhl', ,JinlllY 1', tllP nl'I(",',Jly of ,, tfllll 'l ·.1..111 1'1!1<1 ,1 duties , hours of ~1ork, assiqnments and schedul iny etc ., are con - trolled by the Court instead of the City t1ana 9er . 5-11-4b of the proaosed ordinance purports to transfer he se dnd other broad powers to the City Manaqer. Specifically: 5-11-4b (1) grants to the City Hanager s upe1·vi so r y con rol over all administrative departments . Nothino in the ordinance exe ~p~the administration of the court. 5-ll -4 b (2) authorizes the City Manager to reoroanize de - par ments , divisions and sections. Aqain nothin o in h ordinance exempts the administration of the Cour . 5-ll-4b (3) authorizes the City Manager to determi ne o er - all Methods, processes, means, job classifica ions or personnel. Ag in nothing exempts the adJ ,Ii ni ~L r,tll Ofl of liH• co urt. • I . t4EMORANDU~1 MAYOR At:O CITY COUNCIL 14a rc h 7 , 1 98 3 Page 3 • • • The Court is willin11 to discu ss the mattPr furth er ~lilh C:oun< il, the Advisory Commission or the City 11ana ger either separdlely , jointly or in any combination. z LOUIS PARKINSON tlu nicipal Judge ------_;) (._..-:.f (., / -<_I ,).'J. 't-7 (. /.) <. ' -! ' cc: 14embers of the Court 1\dvi sory Cormrission Andy lkCown, City Manager Rick Derlitt, City Attorney I • • I~EI~OfU\NDU~1 1~YOR AJD CITY COUJCIL larch 7 , 1983 Page 2 • • • Again th ere is no exemption for the operation of the 11uni cipal Cour from the~e provi~io n s . A literal construction of the above prov1s1ons would force one to conclude that the Judicial Branch of the En glewo od Municipal Government could f unction and e xist only wi th the ~uf fr ance and permission of the City Mana ger . This conclusio n cou ld only be reinforced by the provision of No. 5-11-1 which says that final discretion and interpretation of the ordinance sha 11 be that of the City 1·1anager. The issue of separation of powers and the independence of thP j ud icia ry is not a ne~t one in the c ity. Ind eed LllP lanquuye of this ordinance is compelling ly s imilar to tha t of Council Bill ~17, Series of 1980 . That ordinance purpo rted to place the administration of the Court under the supervision of the City ~1ana ger, or his desi gnee . Following its passage a suit was filed to determine its validity and to en joi n its enforceme nt. As a result of the filing of the suit , the City Cou ncil , the City Manager and t he Court, (all on the advice of legal counsel en gag ed for the law s uit) agreed thdl the ordinance would not be enforced and it was later repe aled . Then the Co un cil propos ed to the electorate two Charter d111endmenL5: one to change the office of Judge to bein g appointed by Council rather than elective and the other to place the s uperv ision of the adminis ration of the Court under the City Manager. The first ~1as defeated by the electorate by a 3 to 1 r•1arqin and the second by 2 to 1. To facilitate con•nunications between th Court <lnd Counlil , the Cour reco~nded the formation and appointnent of a Citizens Adv1sory Commi~sion. This was done by Council r solution in late 1981. Th Court's r collec ion is that n ither th or th Commission's input was invited by Council as o ordinanc on th ind p ndenc and functioning of he Cour pre ers to thin i was an inadv r an o ersiqh than conscious d1sr gard. 1 so, th Court reco nds th t ur r ac ion on the ordinance by Council be postponed for ~r her discuss1on to see if th se concerns could lihinat d. I igr al o avoid 1 C) I exp ns to k tour d o th ordinanc 's validity nd to prev n its • I • - • ' • f~EMORANDU~1 MAYOR AND CITY COUNCI L r~a rc h 7, 1983 Page 3 • • • The Court is will i n!l to discuss the matter fur Lhcr ~1i Lh r:ounc i I , the Advisory Cofll11ission or the City t1anage r either separately, jointly or in any combination . Respe~ly, :--7 (.'>-(.A.-V"i LOUIS PARKINSON t1unicipal Judge _,----__) '~--d c·-/ ~J /~t? c/J<:•-._, cc: t~embers of the Court /\dvi sory Conrni ssion Andy t1cCown, City Manager Rick DeWitt, City Attorney • I . I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY February 2, 1983 The annual meeting of the Urban Renewal Authority was called to order at 5:30 P. M. by Vice-Chairman R. P. McClung. Members present: Cole , Fitzpatrick, McClung, Minnick Powers, Executive Secretary Members absent: Dickin son, Voth Also present: Alternate Member Nov icky Economic Development Planner lolm. Richard Hinson City Manager McCown EDDA Board Member Maxwell II. APPROVAL OF MINUTES. Vice-Chairman McClung stated that the Minutes of January 19, 1983, were to be con sidered for approval. Mr. Voth entered the meeting. Minnick moved: Fitzpatrick seconded: The Minutes of January 19, 1983, be approved as amended on Pag 2 , Paragraph 2 under §§b. AYES: Fitzpatrick , McCl un g, Minnick, Voth, Cole NAYS: None ABSENT: Dickinson The motion carrjed. III. ELECTION OF OFFICERS. Vice-Chairman McClung ugg st d th t th 1 ction of offic rs b po tpon d until the next r gular ting in March, noting that there i11 a vacancy on the Authority, due to r aignation, and a term of offic will xpir on F bruary Sth; thia would giv the City Council n opportunity to mak appointment• to the Authority. Minnick mov d: Col s cond d: tl ctlon of of(lc r b po tponed until th n xt r gular in in M rch. AY S: Fitzpatrick, AYS: on ABS .NT: Oickin n Th aotlon carrt d. IV. Clung , Minnick, Voth, Cole 4 th t hi bu in uint d. • po tP 4 unt 11 a I • • • • • -2- Mr. Fitzpatrick asked whether the Bylaws address the length o f the terms in office; whether these matters could be carried over one month? Ms. Powers stated that the terms can be carried on until the next meeting. V. REPORT OF SECRETARY. Ms . Powers stated that the first matter on this section of the agenda will be discussed later in the meeting under "executive session." b. House Moving Report. Ms. Powers discussed progres s on relocation of the house at 3787 South Clarkson Street. Ms. Powers stated that following a study session with the City Council the question was raised by an Urban Renewal Authority member about selling the house on the op en market; s he stated that she is in agreement that this should be done. There is a construction company that will move the house to another location, and rehab it. Ms. Powers discussed the problems in procuring sites in Englewood, noting that a s ite that had been optioned had been sold to someone else at a higher figure. Ms. Powers asked the members of the Authority what their feelings were on relocating the house outside of Englewood; she noted that sites in Littleton, for example, were not as expensive as sites in Englewood. Ms. Powers stated that by selling the house on the open market after it has been relocated, we hope to recoup some of the expenses of acquisition and relocation. Mr. Voth stated that he did not feel it made any difference whether the house was relocated in Englewood or outside of Englewood if the intent was to realize a profit on the resale of the s tructure. Mr s . Cole point d out that it is very difficult to find vacant lot s in Englewood. Mr. McClung s uggested that perhap si te with "marginal" st ructures might b c on id r d; this would r quir th r mov 1 of th marginal structure before th hous f rom 3787 South Clark on could be moved onto the s ite. He t ted th t h c. CDBC R ort. th r location of th tructure outsid of Engl wood, it r located insid Engl wood if pos sible . Mr. w r "eye or " ite that might b con i d r d; f th n i hborhood s would be s upportive of s uch efforts point d out th dd d exp n s of purcha i ng a "d - co t of cl aring it prior to r location of th structur v n with sale on th op n mark t whcth r it would b Fitzpatrick pointed out that by improving ey ny o our xp nses, but it would upgr d a urth r t ted th t 1 il was n cessary to in r vor f lt. II. tO b • I • • • • • -3- Mr. McCown inquired as to the possibility of an appeal. Ms. Powers stated that she had talked to the State to see if possibly the State would fund those projects that the Federal Government had cut from the Grant; the State will not give any money inasmuch as the City was awarded some f und s from HUD. The staff is to meet with the HUD representatives. The hope now is not for additional funds, but to be allowed to reapportion the funds that were approved. Mr. Fitzpatrick asked Mr. Maxwell if he had heard any discussion on the CDBG funds from the Broadway businessmen? Mr. Maxwell stated that he had not heard anything regarding this matter, and pointed out that the EDDA Board has not met since it was announced that the City did receive the grant. Mr. Maxwell stated that member s of the EDDA are not satisfied with the design guidelines that have been presented by Design Workshop; he stated he understood that Mr. Ensign was to make a presentation at the next Board meeting. Mr. Maxwell then discussed some of the displeasure that has been expressed on the proposed design guidelines, expressing dislike of canvas awnings and the proposal to revert to "original standards" on the buildings. Mr. McClung suggested that ther is a need for uniform de sign, and that this should be considered by th busine smen. d. Little Dry Creek Financing Report. in April. Ms. Pow r s tin of the Authority d nt progr not. • • • • • • -4 - appropriation to the 1982 Urban Renewal Authority Budget in the amount of $5,000 to cover the o ver-expend iture s. Minnick moved: Fitzpatrick seconded: The Urban Renewal Authority request the Englewood City Council to approve a s upplemental appropr ia tion to the 1982 Urban Renewal Authority budget in the amount of $5,000 . AYES: Minnick, Voth, Cole, Fitzpat rick, McClung NAYS : No ne ABSENT: Dickinson The mot i on carried. f . Downtown Development District. Ms. Powers s tated that the Planning and Zoning Commiss i on will be di scussing the proposed Downtown Development District at their meeting on February 8, 1983; member s of the Urban Renewal Authority, the EDDA , and City Council will be i nv ited to participate in this i n fo rmal discu ssion. The meeting will begin at 7:00 P. M. Vr. FIN ISHED BUSINESS. This matter was delayed to later i n the m eting for discussion in ex cu t i v e s sion. VII . NEW BUSINESS. a. Contract with H Minnick 110v d: Col nd d: ction r c iv d from th rvice with Hr. Paul tat d that thi i essentia l ly with th City through th City xpir d on D c mb r 31, 1982. Th pro- nd the Urba n R n w 1 Authority would b ; Hr. n d ttl did continu to ttend ting ritv without b n it of Contract. propo d c ntr t, uld b h ndlfn matt r nd qui ltion, d p ndtn d. Auth pp ov ul t t i. din to • th th It ia propo ed •in nt d main a - wor load in th t c ntract or 1 at c ntr t with Hr. h n d 1 uth rity I • • • • • -5- from the actions of the City of Englewood. The State Statute s governing the Urban Renewal Authority actions are much more liberal than Statutes governing actions of Cities, and that Mr. Benedett i felt that he could not act on behalf of the Authority and on behalf of the City as per his contract with the City Attorney 's Off i ce. He s tated that t he City At- torney would continue to handle eminent doma in proceedings, and that there might be less chance of conflict of interest if Mr. DeWitt's off i ce did handle such procedures. Brief discussion followed. AYES: Voth, Cole, Fitzpatrick, McClung, Minnick NAYS : None ABSENT: Dickinson The motion carried. Ms. Powers asked for direction from the Authority on the matter of the City Attorney 's involvement with land acquisition activities. Cole moved: Minnick seconded: The Urban Renewal Authority request the City Attorney to continue to provide legal services pertaining to land ac- quisition, including the possibility of any eminent doma i n proceedings. AYES: Voth, Cole, Fitzpatrick, McClung, Minn ick NAYS: None ABSENT: Dickinson The motion carried. VI. UNFINIS HED BUSINESS. of 3787 South Cl rks on Street -Resolut ion #1 , 1983. Minnick mov d: Voth econd d: The Author ity go into Executive Se sion . AYES: Col , Fitzpatrick , McClung , Minnick, Voth AYS: on ABS T: Oickinaon Th .ation c rri d. * • • * * Flt&palrlck v d: Hlnnlck cond d: Th Authority c out o e x cutiv AY 1tzpatrick, M Clun , Minnick , Voth , Col NAY n T: Dicltin n Th .a carri d. s ion. ond d: R olu l n 11, ri 1 o J , b approv d. • I • • • • • -6- Mr. Fitzpatrick questioned the quoted fig ure of $195 ,000 . Mr. Hinson stated that this figure was increased to $195,000 to encompass any closing costs, taxes, title insurance, etc . that ma y be incurred by the Authority in the acquisition of this property. The vote was called : AYES : Fitzpatrick, McClu ng, Minnick, Voth , Cole NAYS: None ABSENT: Dickin son The motion carr ied . Minnick moved: Fitzpatrick seconded: The Specific Performance Contract be amended by an an addendum to Prov ision #5 explaining and outlining moving expen ses. AYES: McClung, Minnick, Vot h, Cole, Fitzpatrick NAYS: None ABSENT: Dickinson The motion carried. Voth moved: Minnick seconded: The property owner at 3787 South Clarkson Street be al- lowed to remov real property from the abov pr mi but uch real property mu t b replaced with property of equal or high r valu • AYES: Minnick, Voth, Cole , Fitzpatrick , McClun NAYS: None ABSENT: Dickinson Th motion carried. . ... "' Mr. McClung tat d that Mr. Bob Pow 11 h aubmitt d hia re ignation from th Urban ~ n wal Authority due to p raon 1 rea ona. H atat d th t h would lik a 1 tt r ent to Mr. Pow 11 th king hia for hia ffort on b h lf Auth rity and th r d v 1 p nt pro ram. \'oth v d: Fitzpatrick cond d: xpr ain Authority xp nd d R d v lop nt AYES: Voth, Col , Fi zpatriek, H1nn1 k, Clun YS: n ABS T: Diekinaon Th eot1 n c rrl d. • * •• Chairman's ignatur of th Urb n R n wal nd ffort a Mr. Bob Pow 11 Authority nd th Oownt vn • I • • • • • -7-· Minnick moved: Fitzpatrick seconded: The Authority go into Executive Session. AYES: Cole, Voth, Minnick, McClung, Fitzpatrick NAYS: None ABSENT: Dickinson * * * * * The meeting adjourned at 7:50 P. M. Recording Secretary • I . ( • • • 5 CITY OF ENGLEWOOD PLANNI NG AND ZONING COMMISSION FEBRUARY 8, 1983 I. CALL TO ORDER. The regular meeting of the City Planni ng and Zoning Commission was called to order by Chairman McBrayer at 7:00 P. M. Members present: Venard, McBrayer, Senti, Tanguma, Allen, Barbre, Becker, Carson Members absent: Also present: Romans, Ex-officio Steel City Attorney Thomas V. Holland Senior Planner Susan King Melvin Minnick, Urban Renewal Authority II. APPROVAL OF MINUTES. January 18, 1983 Chairman McBrayer stated that the Minutes of the January 18, 1983, meeting were to be considered for approval. Carson moved: Becker seconded: The Minutes of January 18, 1983, be pproved as written. AYES: McBrayer, Allen, Becker, Carson NAYS: Non ABSTAIN: S nti, Tanguma, Barbr , V n rd ABSENT: Sto 1 Mr. McBr yer noted that th abs nee from that m ting, b t ntion on th vot w r a r sult of member ' nd the Minut would st nd pproved as written. Ill. LECTION OF OFFICERS. d that h would nt rt in noain tion for Chairman for !tr. d Mr. Hilton S nti to s rv nomination. n ain t d Mr1. H rjori 8 ck r to th noaination. d th Chair, nd ntl t n call Ch iraan. Mr. Barbre rv a Chaina Hr. Tanguma • inatlon d. bY write n ballot. tat1 n for hi1 el ctt n or Vl -Chaira n. I • • • • • -2- Mr. Carson n omin ated Mr s. Marjorie Becker a s Vice-Chairman. Mr. Tang uma seconded the nomination. McBrayer mov e d: Allen seconde d: Nom inations be closed , and Mr s . Becker be e lec t e d Vice- Cha irman by unanimou s vote. AYES: Senti, Tanguma, Allen, Barbre, Becker, Carson, McBrayer, Venard NAYS: None ABSENT: Stoe l The motion carr ied. Mrs. Be c ker e x pressed her app r eciation on her election a s Vice-Cha irman of the Comm ission . * * * * * * * * * * Mrs. Romans s uggested that the Commission might want to proceed to Public Fo rum, Director 's Choice, a nd Commission 's Choice, at th is t i me, and then relocate to the Community Room to discuss the Downtown Development Zone District , inasmuch as member s of the Urban Renewal Authori t y , the Downtown Development Authority, and the City Council have been i nv ited to attend this discussion. * * * * * * * * * * V. PUBLIC FORUM. o on addr ed th Commi sion und r Public Forum. VI. DIRECTOR 'S CHOICE. ding on th revision of the Com- of th revision are being giv n to th th t ff h co mpleted them. Mr • Roman s City Attorney Holland ction and th mix d y t to r vised and/or written. d that th r b ap cial • tin 1 for oin to Public H aring. I . ( • • .. - -3- VII. COMMISSION'S CHOICE. Mrs. Becker stated that she would not be able to attend the meeting of February 23; she has class that evening. Mrs. Becker then reviewed the goals which were outlined by the Commission early in 1982. It was determined that good progress has been made on seven of the ten items outlined in the goal s . Mr. Tanguma inquired as to the status of the promotional brochure. Mrs. Romans stated that she understood Public Relations Officer Dorothy Dalquist was contacting other designers for e stimates, and would report back to the staff. Mr. Allen stated that he would like to thank Mr. McBrayer for his leadership during the past year as Chairman of the Commission . Mr. Allen stated that he felt Mr. McBrayer had done a very good job . The other Commission member s also expressed their appreciation to Mr. McBrayer. Mr. Holland informed the Planning Commission that the Colorado Supreme Court has agreed to review the water tower case. Mr. Holland stated that he feels this is a positive sign in terms of the potential outcome of the case. Mr. Holland noted that after a Court of Appeal s has rendered a decision, a specific request must be filed asking the Colorado Supreme Court to review a matter; this request is granted in only five to ten per cent of the cases requested to be reviewed. Mr. Tanguma ask d about the court cas on th Adult Ce nt r? Mr. Holland ~ta ted th t thi matter is in two cas ; th first case, based on th public hearing before the Planning Commi ion denying the extension of time to the applicant, is in State Dist r ict Cou r t , nd will be coming up in May , 1983. Th cond c e p rtain to the lie nsing of adult entertainmen u~es, nd will b h ard in April in th F d r 1 District Cou rt. * * * * * * * * * * IV. DOWNTOWN DEVELOPMENT DISTRICT. Th ia ion relocat d to the Community Room to discuss th Downtown D - nt Zon Di trict. Urban R new al Authority m mb rs Minnick, McClung, a w r Mr. Fr d K ufman of th EDDA, nd Mr. Director of rh EDDA. I . • • .. • -4- A map of the downtown area was shown, with the proposed downtown district superimposed over the business area; it wa s noted that the downtown district would not apply to Broadway, but wou l d begin at the Broadwa y/Acoma alley extending west to South Elati Street, and West Floyd Avenue south to U.S. 285. Mrs. Romans stated that amendments are also proposed to the existing B-1 Zone District, which would affect the remainder of the Downtown area, including those businesses along South Broadway. Mrs. Romans stated that the proposed District has been divided into three zones or areas: The Commons, The Center, and The Periphery. Certain re- quirements would differ within the Downtown Development District depending on whether the development would be within The Center , The Commons, or The Periphery. Mrs. Romans then reviewed uses that are proposed to be permitted in the Downtown Development District, and also reviewed use s that would be Conditional, Prohibited, and uses which would be "Especially Permitted." Mrs. Romans then reviewed restrictions such as floor area, height of structures, bulk of structures, etc. Mrs. Romans then reviewed the minimum required parking; if a developer brings in a parking study which is done by a qualified professional, and it is approved by the Design Review Committee, the parking requirements outlined in the Ordinance may be waived. If, however, a pro- fessional parking st udy is not presented, the parking requirement s set forth in the proposed Ordinance would have to be met. Usable Open Space in The Center area was discussed; Mrs. Romans pointed out that balconies and landscaped roof tops would count toward the required usabl open sp ce . Mrs. Romans noted that Mr. McBrayer had raised the issu regarding the landscaping ordinance pertaining to the Downtown De- v lopm nt Di trict. Mr. McBray r stated that he recalled that the Downtown Development 01 trice and mixed us districts were excluded from the pro- vi ion in th landscaping ordin nc . Mrs. Romans stated that she and Mr. Holland would review both ordinanc s to be ure th landscaping i su in th Oi trict and th mixed u district is cov r d. Di Romans stated th t th Landscaping Ordinanc would be r ion for di cu th m eting on M r ch 8 , 1983. out that th 11 utiliti Dev lop nt Di trier nts b underground. Cone ptu 1 ak tch s of development und r thi propo d ordln ne e w r hewn m mber of th authorities and comaiaaion. n. •inimulll or 111 CCOIIIptlah d Hr. All n k d wh t b th t th City d1d Ullllt • y? Kr R na atat d or 50, 0 to b u d I • • • - -3- for projects in and adjacent to the redevelopment area, and was awarded $630,000 in CDBG funds just recently . The City wa s co mpeting with 83 ot her communities i n the s tate for these funds, which were limited, and a total of 12 communities were funded. Funding for two project s was not approved, some of which would have been of assis tance in the Broadway re- development project. The City was awarded funding in the amount of $76 ,000 to prepare the facade design for South Broadway and working draw i n gs would be made available to the property owner or lessee; however, these funds will not be released to the City until April. Mrs. Romans s tated th at it is her understanding that the staff will be appearing before the State re- garding funding for the 1983 CDBG funds wh ich will be administered through the State. It is remotely possible that the City may be able to get some funding for the commercial rehab from this source, since the staff ha s been informed that the State ha s expressed interest in commercial rehabilitation. Mr s . Romans stated that the $630,000 f unds were granted to rehab 71 homes around the Core Area, to relocat two houses along South Bannock Street, to purchase two house s to the east of the Ma lley Center for a parking lot, and for the South Broadway design. Mrs . Romans stated that the staff is very a ppreciative of the funding that was granted to the City. Mr s. Romans asked if any member oL th Commission , Urban Renewal Author ity or Downtown Development Authority had any comm nts or changes to propose in the Downtown Development District a proposed. Mr. Kaufman s tated that h has met with ~ mber of the banks to discuss a rehab program for th downtown have commitment s on loans to th in improvement s . Mr. Kaufman st area could g t a tax-fr t r d that wrong • I • • • • • -6- tentative timetable assuming the Public Hearing before the Commission is held on March 22nd, and the Commission makes a recommendation at that meeting. Mrs. Romans pointed out that the Commi ssion would be holding two public hearings on the 22nd of March; one hearing would consider the adoption of the proposed Downtown Development District regulations, amending the Compre- hensive Zoning Ordinance; the second hearing would apply the Downtown De- v elopment District to areas as outlined on maps before members of the audience, and would be an amendment of the Comprehensive Zoning Map. It is anticipated that these amendments could be finalized so that development could begin under the new regulations in May, 1983. Mr. Allen stated that he did not feel there was need for further public meetings if publicity is published on the proposal. Mrs. Becker asked what "resistance" had been voiced on the proposal? Mrs . Romans stated that s he has not been contacted relative to the proposal. Mrs. Romans again pointed out that the Commission and Council have been given the charge in the Down- town Redevelopment Plan to adopt regulations for the downtown redevelopment area, and to apply those regulations to a given area. Mr. Tanguma suggested that another public meeting prior to the meeting on the 22nd of March might be a good idea. Mrs. Becker stated that she did not feel there was need for another public meeting prior to the Public Hearing. Chairman Senti stated that he saw no reason for an addit ional public meeting; Mr. Barbre agreed there wa s no ne ed for another public meeting. Mr. Kaufman stated that in his opinion, the opposition would come from "those who aren't getting enough money". Mr. Kaufman stated that he did not feel there was a need for another meeting, and that he did not feel there will a large number of people against the proposed district. Mr. McClung expressed concern regarding the composition of the proposed D ign Revi w Committee. H al o expressed concern regarding the minimum scales that were s t forth in the proposed ordinance, noting that 1" -30' would be so minute it would b difficult to determine any d tails. Mrs. Romans pointed out that th 1" -30' i a "minimum" seal ; architects and engineers would usually use larger calc and that if it is f lt that th minimum scale hould b larg r, thi modification can b m d in the propos d ordin nee. d Bi n R by City Council. ordinanc w uld re 01 cu ion n u d. of th D algn R vi Hr • Roaan ask d if point d out that in • v n-day w th ur Hr • d t rmin d f lt thia provision in th H a u • to staff." ignation and comvo sition by the City Council. ations? Mr. Minnick k" 1 u d; il thi d that this mi h n d I • --• • • -7- to be cla r ified. Assistant City Attorney Holland stated that un less other- wise specified, the Statutory definition of "we ek" is seven days. Mr. Novicky noted that there is no mention made of fire-safety aspect s , and asked if they sho uld be included? He mentioned designation of fire lane that should be discussed in the ordinance. Mr s. Romans stated that fire safety aspects within the structures are covered by the Fire Code, but tlaat the de signation of fire lanes was a good point and should be addressed i n the proposed Ordinance. Mr. Tanguma asked what a design review committee would do that the Planning Commission and staff couldn't do; he objected that th is would be "adding another layer of government" for developers to go through. Mrs. Romans pointed out that in the adopted Downtown Redevelopment Plan it states that there shall be a design review team; the proposed ordinance was drafted to comply with the provisions set forth in the Downtown Redevelopment Plan which was approved by the Urban Renewal Authroity, Planning Commission and City Council. Mr. Min nick stated that the de sign review team would have the responsibility to determine that proposed development does meet the guidelines of the adopted Downtown Redevelopment Plan. Mrs. Romanb stated that the Planning Commission is designated in the proposed ordinance as the "appeal body" on d esign review decisions; the Commission cannot function as both the design review body and the appeal body . Ms . King, Senior Planner, stated that the design r eview team would be going into detail to assure quality design and devclopm nt. EDDA Director Haviland sugg sted that inasmuch as it appears there is to be one prime redeveloper, that possibly a member of his organization should b included on the design review team. Mrs. Romans r it rated that the purpose of the design review team is to assure that the development will be compatible with the adopted Downtown Redevelopment Plan. The designation and composition of the de ign review team will be a policy determination to be mad by the City Council. there wer oth District ordin Th m ting djourn d t 9:00 P. M. • or comment on th propos d k d that if anyon in at- to pl a call th staff. th e s hould b brought th Planning City Cou n cil a Commission th y det r- I • • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUT~ORlTY 3535 So. Sherman -Englewood , CO 80110 MINUTES February 9 , 1983 s c Board Hembe r s Present: Bush , Close, Coleman, Holthaus, Kaufman, ~lausolf, ~xwell , Ne al, Owens , Pendleton Board Members Absent: Gassen Staff Present: M. Haviland, P. Dietrich Guests: Mike Richa rd son , Littleton Independent, Susan Powers, Andy McCown, ~d Cordova , Fran Schafer Secretary Ba r ry r.oleman called the regular m eting of the EDDA Board of Direc ors to order at 12:10 PM on February 9, 1983. Following introductions, the }finutes of the January Board me ting w r pr sented for approval. lr. Kaufman moved, seconded by Ms. Owns, to approve th minutes from the January 12, 1qR3 regular meeting. The motion pass d unanimously by voice vote. Mr. P ndleton presented the bills for payment . Mr. Kaufman moved, seconded by Mr. ~usolf, that the bills for paym nt b approved. The motion pass d unanimously by voic vot . Mr. P ndl ton also pr a nt d th Treaaur r'a R port. Mrs. Holthaus moved, second d by Mr. Kaufman, to cc pt the Tr a ur r's R port. The motion pass d unanimously by voic vot . nd M . stre • th ir sub- s. Mr. Col man strict guid lin ' llstic in nd th own I • Page Two Board of Directors February 9 , 1983 • • • ' Ms . Owens presented the concept of zones that were illustrated in the proposed guidelines. There would be three levels for design: 1). sill zone, 2). winnow zone, and 3). sign zone. IHth these in mind, the pedestrian could make necessary identifications while shopping. Ms. Bush stated that an inventory needs to be made available to obtain a hands-on knowledge of what changes will be necessary to implement the proposed guidelines so to better assess the costs and implications of pursuing the Broadway revitalization. She indicated that the sub committee had prepared a questionnaire and inventory sheet to determine this. Mr . Coleman directed the Board to read and study the design guidelines and he would ask Chairman Gasson to call a special meeting to review these with the entire Board. Ms . Powers stated that Hr. Ensign detailed photographs and guidelines for each Broadway location and these would be made available through a presentation to the EDDA. URBAN RENBvAL AUTHORITY -Hr. ~~xwell gave a report on his attendance at the URA meetings. Ms. Powers stated that a relocation handbook is being prepared and will be presented to the Urban Renewal Authority in ~rch. She also stated that for tenants and homeowners that are displaced and cannot find comparable housing, there will be subsidies available. CDBG FUNPS -~s. Powers indicated that the City of F.ngl wood was very pleased with the g~f ro rn PUD for $630,000. Some of th funds that wer designed for the Broadway improvementA were eliminated from the grant, how ver. ~s. Owens commented that th Rocky ~ountain News press r leas re garding the CPBG funds was v ry misl ading giving a fal~e impression of the future of the Englewood's redevelopment proj ct. MA!IAGF.MENT TFA'-~r. Kaufman indicated that a sizeable amount of money might b availabl a~low 1nt r st rates for Broadway improvem nts. If a tax xempt erg nization could b th v hicl to distribut th men y, it would b availabl Mr. . 1 mov d, econd d by t r. ~:maolf, to direct the F.xecutiv Dir ctor to assist Mr. Kaufm n tn arranging lo n p kag s and oth r assistance programs. Th motion pass d unanimously by voic vet . Hr. Neal comm nt d that th City could h Jp with industrial bonds in 'mini' projects wit~in th ntir red v lopmPnl pr>ject. 1 ov(•d, a cond d by Ms. Ow na, to d of rfndin out if r dir ct d the Ex Th motion 1 gat to th Ex cutive Comaitt e v hicla for th tax m pt funding. k bond couna 1 for thi vot • lthaua mov d, cond d by r. Cloa , r tiona to th Urb n R n w 1 Authority 0 atv th r via or th ir r vi w and • I • • • Page Three Board of Directors February 9, 1983 • • • consideration. Ms. Powers stated that the EDDA could be scheduled on the agenda for the March 2, 1983 ~egular meeting to answer any questions or comments that the URA members might have. Mr. Neal moved to amend the motion, seconded by Ms. Bush, to eliminate U6, and to elaborate with examples on Numbers 7, 8, 9, and 10. Discussion followed. By permission of the Board to waive parliamentary procedure, the amended motion passed unanimously by voice vote. OTHER: Mr. Kaufman mentioned that: 1. Physical Wimsicals has a grand opening on February 11, and that some EDDA Board members should be there to welcome the business to the area. 2. The Evans Cafe is now open in the evenings. 3. If any Board me.ber has any input he would like to go to the Management Team, please relay this information to Mr. Kaufman. 4. The Board should be aware of the need for increased parking in the downtown are. Mr. Maxw 11 moved, second d by Ms. Bush, to adjourn th m eting. Seer tary Coleman adjourn d the me ting at 1:45 PM. • I . I' ( ( • • • • • • DOWNTOWN MANAGEMENT COMMITTEE FEBRUARY 10, 1983 2:00 P. M. COMMITTEE MEMBERS PRESENT: Susan Powers , Mike Haviland, Don Ensign COMMITTEE MEMBERS ABSENT: Jim Mosier OTHERS PRESE NT: Fred Kaufman, Dick Hinson The first topic of di scussion was the Broadway/Floyd Avenue realignment. A main concern of the group was the impact of the real ignment on parking in the area. If the Nate Burt owned building (Colorado Tool Center) was to remain in i ts present location, parking at the U. S . Po s t Offic , th Tool Center, and Simon Center would be affected. Fred Kuufman •·eq ue o.;Leu Mike Haviland to check with the Postmaster to determine if ther was any possibility of relocat ing the facility. Susan Powers noted that th Po t Office might not want to remain in the area when the redevelopment effort occurs. As a follow-up to this discussion, Don En sign said that he would work with Gary Diede's Eng ineering staff on design issues related to the realignment; Mike Hav iland would talk to the Postmaster; and Susan Power s would have her staff analyze the possibility of using sam of the parkin~ spaces at Elsie Malley Center to accommodate Simon Center's loss of park- ing if the realignment created such a situation. Attention of the group then turned to the Broadway Design Guidelines. Mike Haviland and Fred Kaufman re ported to the group on the review of Don Ensign's preliminary guidelines by an EDDA Committee chaired by Barry Coleaan. Mr. Haviland stated that Mr. Coleman wanted a mixtur of trict and loose interpretation of the proposed guidelines. Mr. Coleman f lt that there should be a c rtain degree of uniformity in the building in such areas as levels of windows and sign ge zones, buL h al o w nted to permit merchants to express their individuality. It was report d th t Jean tt Bush, Committ memb r , had ugg t d und rtaking a urv y of th buildings along Broadway to d termine how th propo d guld lin would impact the merch!.nt s on an individu 1 ba is. Sh w prim rlly con- cern d with the cost and xtent of building ch ng r quir d. Th group agreed th t the n xt lo ical guidelines was a presentation b for th wood Buain semen's Association (EBA). It w cion to th Bo rda occur first, nd th n the guidelin a should be pr s nt d to th Don Ensign ass rt d that ntly xisting 5 is a lack of knowl dg d nd/or tlon of th cone ptual mod Th goals o before th two Boards 1) Th solicit tion o at ion ro tho m l dtr ctly ff ~l d hy th autd lin • and 2) An xpl nation of X ly wh 11 b n pro o d to up • und r-It ndin •• • I • - ( • • • • • .. • -2- A tentative date for this presentation wa s s et for We dn esday , Feb ru a r y 16, 1983, at 7:30 A. M. in the Library Conference Room. Next, Susan Powers reported on a February 15, 1983 s tud y session held by the Planning and Zoning Commission on the proposed Downtown Di s tr ict Zon•. Members of the Urban Renewal Authority, EDDA, and Ci ty Coun cil we r e i n vit~d to attend and comment on the zone. Ms. Powers stated that on e of th k y areas of concern, as expressed by Mr. McClung of the Urban Re n ewal Autho r ity , is the composition of the Design Review Board. Mr. McClun g wan ts member s o f redevelopment agencies, and not their staffs, to serve on the Design Revie w Board. The group discussed its understanding of how the Design Rev iew Bo a rd would operate. It was generally felt that design guidelines for new d e v elopment within the project area would be formulated with direct i nput from the various Boards. The Review Board would then evaluate redeveloper s ubmittal s to assume compliance with the adopted gu i d e l i n s. Dick Hinson stated that apparently i t was Hr. McClung's desire for local Boards to have a direct influence on the manner in which the fac e of En gle- wood would be reshaped. However, Hr. Hi n s on noted t h a t t he r e was a seri ous conflict in expediting the progress of the redevelopment effort and attempting to implement what, at best, could be realistically considered a l imited de- gree of quality control acceptable to the redeveloper. As a closing note to the meeting, Ms. Powers informed the Comm i tt ee t hat a presentation would be made to a state panel on Englewood's applicat i on f or 1983 CDBG funds. City Ca.munity Development staffs would make th is p r esen ta- tion on Tuesday, February 15, 1983. The Kanage.ent Committee decided that the main topic of discussion at its next meeting on February 24, 1983, would be Public Space Management in the R d e velop- ment Area. The .eetin& adjourned at approximately 4:15 P.M. W.. Ric ha rd Hinson !c onoaic Dev elopmen t Planne r • I • • • • 0 0 I . • • -• • • MINUTES ENGLEivOOD PUBLIC LIBRARY ADVISORY BOARD February 15, 1983 5 E · Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7 :3 1 p .m. PRESENT : Bob Currie, Jerry Valdes, Barbara Bray, Alfred Quaintance Dorothy IVheelehan ABSENT : Wilma Ankrum, Marietta Brown, Debbie Dix, Kay Van Valkenburg ALSO PRESENT : Mrs. Bob Currie Sharon IVinkle, Director of Libraries Donna Gottberg, Recording Secretary Sharo n Winkle introduc ed the new Board Members, Barbara Bray and Alfred Quaintance. They are f i lling the unexpired terms of Norm Kerswill and Joe Rat hburn through February 1, 1984 . It was noted that Mr. Quaintance i s a former Board member. Dorothy Wheelehan and Kay Van Valkenburg have been reappointed to four-year term s through February 1, 1987 . New member s were wel comed and rea ppo i nted member s were congratulated. Mr. Currie turned the meeting over to Ms. Winkle for the Director's Report. Ms. Winkle gave ba c kground for th e new member s and updated information about the Jefferson County fees for the i r re sidents' participation in the Central Colorado Library System Re ci proc al Borrowing program. After di scussion it was decided to defer a c t i on unt i l later . It wa s noted that J effer s on County c irculation wa s down SO \ from l as t Janua r y , i n all probabi lity due to th is fee i mposed to Jeffer s on Count y r esident s. The defi ni t i on o f the pr i mary "conunun i t y" Th e So rd w nt ed to give th is o r e thou ht at a l a t er dat e rvi c ed by th e Lib r ry w nd d ecid ed t o bri ng th di scus sed. ub j ec t up ~I s . Wi nkl e g v backgroun d nd upd t ed the curr nt pro po f or a M ropo litan Li brary Dis t ri t. She distribu ed copie of t he legis l ation spon ored by Se n- a t or Eggart nd asked the Board to read it and r port back to h r wi t h ny comm ents. There w s a br i ef di cus ion of the pro nd con of th1s I gi latlon . Ms. Winkle will k p th So rd inforaed he r e1ve tn orm tton . rt i ont1nu1n h1 f or fe contribution to the Color do Resource nt er r. Tht tter is t i 11 und r di cu non nd ed. A i n orm p eJ by cy o 1 ibr r y U r R ord s h s b n no I • • • • MINUTES SPECIAL MEETING ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD February 23, 1983 5 r. Chairman Bob Currie called this special meeting of the Library Advisory Board to order at 7:31 p.m. PRESENT: Bob Currie, Barbara Bray, Marietta Brown, Alfred Quaintance Kay Van Valkenburg, Dorothy Wheelehan ABSENT: Jerry Valdes , Wilma Ankrum, Debbie Dix ALSO PRESENT: Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. Mr . Currie turned the meeting over to Sharon Winkle. The purpose of this meeting was to consider sending a resolution to City Council supporting the Metropolitan Library District legislation. After discussion of the pros and cons of establishing such a Library District a motion was introduced. MOTIO : That the Board accept the resolution as written, and send it to Council for their review. Moved by: Barbara Bray Seconded by: Kay Van Valkenburg Motion carried with on no vote being expressed . Meeting adjourned at 7:57 p.m. 2--l d I • • -• • • -2- Jerry Valdes expressed his belief that the Board should note in some way its position regarding the possible relocation of the Library, in general terms, as a guide to Council. The Board asked staff to prepare a resolution to Council noting that the Library should retain a central location. Ms. Wheelehan a nd ~tr. Valdes volunteered to help draft the resolution. Chairman's Choice Mr. Currie gave an update and background, for the new members, on the Statewide Book Sale scheduled for September. Dorothy Wheelehan gave a brief report and noted some questions that could be brought up about the book sale. 83-3 MOTION: The Englewood Advisory Board host a meeting on March 22, 1983 (7:30p.m.) 3- for the Metropolitan Libraries, Foresters and Cincerella City representa- tives to provide further details of the Book Sale set for September 17, 1983. ~~ved by: Dorothy Wheelehan Seconded by: Alfred Quaintance Motion carried. The staff will prepare invitations to be sent to the Library Directors and Board Chairpersons. There was discussion on obtaining a "special event an interested group in order to sell drinks at the The profits from this group would then be returned cided to ask an already established group, such as eign Wars to help with this and share the profits. from those groups to see if there is an interest. Members' Choice license for organizations" by reception after the Book Sale . to the Library. It was de- the Elks or Veterans of For- ~1r. Currie will contact people Dorothy Wheelehan gave a brief report on the APAL meeting. Jerry Valdes again welcomed the new members and urged them to ttend meetings and conferences outside our own Library whenever possible . o committee reports. o correspondence. o unfinished business. The t ti tlc 1 R port and Annu 1 R port by Ms. Winkl e as t bled until theM r ch 111 ttng. MOTION : Th t th ~by: Jerry V Se onded by: Doro t ion c rried. linute fro ld hy Wheelehan th J nuary 11, 19 3 feeting b approved, s written. -5 TIO : ro po stpone ~by: Dorothy Wh conded by: B rb r tion rri. of o f c r s unt1l th I r h M eting. ina dJourned 9:35 P·•· .. -10· 3 d& I • • • • • BOARD OF CAREER SERVICE COMMISSIONERS JANUARY 20, 1983 5 F MINUTES PRESENT: Jo Ellen Turner, Catherine Pokraka, Janet Kerzic, Betty Keena, Donald Web er ABSENT: OTHERS PRESENT: None Mel BeVirt, Employee Relations Director Larry Leydon, E.P.B.A. President Randy Pickrel, E.F.F.A. President Julie Stark, E.E.A. President Will Carr, E.E.A. Vice President Chairman Weber called the meeting to order. Commissioner Keena requested that a copy of the ad placed in the December 8, 1983 edition of the Englewood Sentinel be added to the minutes of December 16, 1982 as they were referenced in the attached letters from City Council and the Associations. Commissioner Keena moved that the January 20 , 1983 m1nutes be approved with the addition of the ad. AYES: NAYS: Turner, Kerzic, Pokraka, Keena, Weber None CommlSSlo ner Pokraka asked if Randy Pickrel received he pack t of C re r Service Board's recomm nded changes to th Administrative Procedures. Randy Pickrel confirmed that he h d r ceived the packet. I •m thr E.E.A. Vic SSOCl Board rs. E.E.A. 11 I . - • • • • ,. • Item four on the Agenda was the City Manager's Choice. Mel BeVirt, Employee Relations Director had no business to present. Item five on the Agenda was the Commissioners' Choice. Commissioner Pokraka asked about the status of the Administrative Procedures. Mel BeVirt explained that Council had asked for a comparison of the differences between the document and the recommended changes of the Career Service Board by January 31, 1983. Chairman Weber reiterated that if any party has items for considera- tion by the Board to advise the Recording Secretary in advance so that those items can be placed on the Career Service Board Agenda. Chairman Weber also advised the Commissioners that he had a monthly expenditure report of the Board's expenses for their review if they wish. Mel BeVirt suggested that the Board adopt an approval process of all expenditures on a monthly basis. There was a brief discussion of the Board's present expenditure review process. It was determined that the Board would discuss this matter further with Ben Craig, C.S.B. Attorney. There being no unscheduled visitors, Chairman Weber received a motion for adjournment from Commissioner Keena and closed the January 20, 1983 regular meeting of the Career Service Commissioners at 7:30 p.m. * * * * ( b 6.._kl r1 ~/ .~.£- Donald M. Weber, Chairman Valerie Christy, Reco ng Secretary • I • ('V ORDINANCE NO.~---- SERIES OF 1983 BY AUTHORITY • • • /I) COUNCIL ~ILL NO. 11 INTRODUCED BY COU NC(L Ml::M I:lEll lllGUAY AN ORDINANCE REPEALING SECTIONS 41 THROUGH 51, OF TITLE I , CHAPTER 6, ENGLEWOOD MUNICIPAL CODE OF 1969, PROVIDING PROCEDURE FOR JURY TRIALS, SAID PROCEDURES dEING ADDRE SSED BY STATE LE GISLATIO N, AND DECLARING AN EMERGENCY. WHEREAS, the State of Colorado has adopted provi sions for municipal court jury trials; and WHEREAS, the City desires to avoid conflict, resolve differences, and stay abreast of changes in the jury syst~m ; and WHEREAS, the right to a jury trial shall be as provided by law other than municipal ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 41 through 51, of Title I , Chapter 6, nf the E.M.C. '69, as amended, are repealed. Section 2. A situation exists in the setting of cases that create s a possibility that cases may be dismissed and therefore an emergency is declared. Introduced , read in full, and passed on first reading on the 22rd day of February, 1983 . Publish d as a Bill for an Ordinance on the 2nd d y nf M rch, 1983 . R ad by title and p ssed on f n 1 reading on the 14th d y of March, 1983. Published by title as Ordinance No. _______ , Seri s of 1983, on the 16th day of March, 1983. Eugene C. Otis , M yor Attest: ex o!llcto city Clerk-Treasurer • I • • - \ • • • • I, Gary R . Higbee, ex officio City Cl c r k -'tr ea s ur e r o [ Lll e CiL Y of Englewo o d, Colorado , hereby certify tha t t he abo v e a nd fn r egoin~ is a true, accurate and complete copy o f th e Or d i n a nce passed nn firal reading and published by titl e a s Or dinan ce No . _______ , S e ri es o f 1983 . Gar y R . H ig b e e • • I • • • • • • BY AU THORITY ORDINAN CE' No . .,.--/_:3~ SERIES OF 1983 COUNCIL BILL NO . l.l INTRODUCE[) d'l CO UNt.: •• MEMtiER BILO AN ORDINANCE APPROVING AN EASEMENT TO SETTLE DISPUT~D PROPERTY LINES AT OXFORD AND BROADWAY, 4101 SOUTH BROADW AY . WH EREAS , there i s a dispute concerning th e w<.:sl riyhl of wu.y l in e o f Sou t h Broad way in the Ci t y of Englewood , Colorado ; ard WH EREAS , there i s a desire to settle the dispute wiLhnuL litiga t ion ; and WHEREAS , by the grant of an easement, the matter will tw settled tn the satisfaction of the pdrties; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF TH~ CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Secti o r 1 . There is hereby app r oved an easeme nt provid ing a s fdlows: EASEMENT THIS A Rt::EMENT, made this day of , l 'J 3 betweer the CITY OF ENGLEWOOD , COLOR ADO , a muni cipal rrp r tin , he r einafte r referred to as "City", and BILL SMirH PLUI'I Bll · fl U APPLIANCE, INC ., hereinafter HGrantee •, th e o wner o( ce r l tll' parcel c f real pr o perty legally described as Lot 4 6 , Blo ck 7 , Jackson 's Broadway Heights , County o f Arapahoe , Stater,( Cr·l<"'r ur ., also Known as 4101 South Broadway . Ht::REAS , the abo ve desc r ibed p r operty ha s upon a one- story b r ick building whi ch dne now and ha s for m ny encroach d upon property b longing t o the City , •p·~il dedicat d riqhts-nf-w y known s West Oxford Avcru • Bro d way s d sc r ib d on the tt ched l;U rv y cr.n h • Jr I day rf D c mber , 1964 by John James Nlcholl; and Ht::Rt;AS I th proceedings tr quie rt1es tc thi Agreement desir~ to (nreg title to s id encroach ent; OW , THE ~ 0~ , rHE PAlTlE AGREE AS OLLO W CCI! Sr.utn Br" d l. The City hereby grants to Gr ntee, it r r , al' exc rr 'I . r 'I cl · Jhts, 1 • 1 <j 1 I . - • • • • Beginning at the S outheast co rn e r o f sa i d Lnt 46, th~nce East 0 .3 0 feet; thence North 2 5 .7 7 feeL to a point 0 .31 feet East of the East boun da r y n( Lot 46, Block 17; thence 0 .21 feet West of th e East boundnry of Lot 46 , Block 17; thenc e Sll ULil 2'>.77 (el!L L<· Lt"' point of beginning, and West Oxford Ave nue to the North, to wit: Beginning at the Northeast corner o( said Lo L 4 6 , Block 17, Jackson's Broadway He ights ; thence No rt h 0.34 feet; thence West 58 .20 feet to a point 0.0 2 f eet North o f the North boundary of Lot 46, Block 17 ; thence South 0 .02 feet; thence East 58.20 feet t o the point of beginning. The sa ·d easemel"'t is for the p urpose of accomonodatin y Ltoc e J'c r no~cll ment of that portion of the existing building knowl"' as 4 1 0 1 Sou t h Broadway, which is located upon the within said easement. 2. The wit hin easement shall endure for s o l ol"'g as thu existing buildil"'g and/or the north and/or east wa l l there c [ r emain loc ated within the said easement. Should that porti o n o f t h e building ever be damaged, remod eled, or removed, the ease mel"'t shdll oe terminated ard ro lol"'ger shall Grante e us e s ai d easumel"'t ; al"'d Grartee shall convey easement to the City by yu it cl im duuJ . 3. Grantee shall maintain insurance c n v e r ag :.u (icu,!rt Ln satisfy al"'y liability ari s ing as a result of thi s e sem rl , a l"'d Lhu City shall be held harm ess from any and all liabil i ti es ar is in g f r om this actiol"'. 4. This agr mel"'t shall inur t o the b n e (i t n( nd be b nding upon the heirs , executors , administrato r , succes s o r s rd assigns o f the respectiv parties h reto . I Wl" ESS WHEHEO , th p rtie have her e ur tr; t: th i r hdrc.L .. nd s eal s a s o f th day ard year first bove wr itten. ATTEST: ex-o!fl clo E!tyl:le rk -Tr e a urer Se c retary Cl'r'i OF t:N 'L.t;w OOl>, CO LOttAliO muni c i pal cor p r Lion ~ILL SMI TH LUMdl • A 0 APPI.IAN C£, 1 C • kSy ____ _ l"ll I • • ( • • • STATE OF COLOR ADO ss . CO UNTY Of AR/\PAli OI:: Ackn o wle d ged bef o re me by Eugene L. Ot is , May o r , a n d Ga ry R. Higbee, ex o ffic io City Clerk-Treasur e r of the Ci t y of Engle wood , Co lorad o , this day o f , l 9BJ . My Co mmissi o n expires: STATE OF COLORADO ss. COUNTY OF ARAPAHOE Ack no wle d ged bef o re me by pr esid e n t a n d Smith P lumbing an d Appll ance , Inc . th1s 1983 . My Co mmissi o n expires: Notary Pu bl 1c 3400 S . Ela ti , Engle woo d , CO as a s se c r e tary o ( ~fYl d a y o ( Nota r y Public Addr ess : Sec t ion 2 . The Mayo r and e x offic i o Ci t y Cl he r eby a u t h o r ized t o execute the fo r going ur e r r (o r nd <\n behalf o f the City of Engle wood . Intro duced , r ad i n full , and pa sed on fir s t re d ing on th e 22 n d d y o f Feb ruary, 1 98 3 . Published a !Jill !or n Or din nc 1 n th 2n d 1y o [ 1'1 rch, 98 3 . Read by title and p M rch , 903 . d on fin al r e din on th y n ( l • I • • - • • • • • • Published by title as Ordinance No. /..J __ , Seri es of llJ!Jl , • f' t he 16th d~y of March, 1983. Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Trea su r e r n f the City o f Englewood, Colorado, hereby certify that the above and fo r egoing is a true, accurate and complete copy o f the Ordinanc e passed on final reading and published by title as Ordina nce Nn.~~--' S erie s o f 1983 . Gary R. Higbee 4 • I • • \ • • • ORDINANCf NO .~1:? __ SERIES OF 1983 BY' AUTHORITY COUNCIL BIL L Nu. lL INTRODUCI::D i:IY C lUIK [I. MEM138H BIJ.O AN ORDINANCE APPROVING AN EASEMENT TO SETTLE DISPU ' 1::0 ~ROP ERTY LINES AT OXFORD AND BROADWAY , 4101 SOUTH BROADWAY. WHEREA S , there is a dispute concerning the west right of way line of South Broadway in the City of Englewo od , Colorado; a~d WHEREA S , there is a desire t o settle the dispute without litigation ; and WHEREAS, by the grant of an easement , the matter will be ~ettled to the satisfactin~ of the partie~; NOW , THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLL OWS: Sectior 1 . There is hereby approved an easement providi~g a s follows: EASEMENT THIS AGREEMENT, made this day of , 19tl3 betweer the CITY OF ENGLE WOOD, COLORADO, a municipal corporation, he reirafter referred to as "Ci ty •, and BILL SMITH PLUMBING AND APPLIANCE , INC ., hereinafter "Grante e ", the owner nf a cerLai~ parcel of real property legally described as Lot 46 , Blnck 17 , Jackson's Broad way Heights , County of Arap hoe , State of Cnlorad n , also Kr~w~ as 4101 South Broadway . WH REAS , the above described p r operty has upon it a one- story br 'ck building wh ich dnes no w and has fnr many years ~:rcr~. ch·d u n prnptHty belonging to the City , sp•ci(i<.:,Jlly Lll l! "'die d rights-of-way krown as West Oxford flveru rd Sr.u LII Br~ dway s de crib d nr the ttached surv y cnnducLed nr th• lrJ day ~f Dece~ber, 1964 by J oh n James Nicholl; and WHER AS , th proceedings tn quiet rties to th 's Agre m nt d sire to forego legal itl tn said ncroachment; succe South Brr. d OW, THEHEFORE, THE PARTI S AGREE A~ OLLOW ~: l. The City h r by grants to Gr rte , ts he rs, s gns r snrs, ar exclusive easement over nd acr os that p rti on of Br o dw y d r ctly Eat of L t 46, Block 17 , J cksnr ' ~ Heights, d cr bed l • I . - • • • • • • • Begirring at the Southeast cr.rner o( said Lnl 46, thence EasL 0 .3U feet ; thence North 'LS.FI [eel Lc " point 0 .3 1 feet East of the East bound a ry r.f Lot 46, Block 17 ; thence 0 .21 feet West r.f the East bourdarJ of Lot 46 , Blr;ck 17 ; thence South 2'i. 77 I "'-'t l< Llw pc ,irt c,[ Lec,pnring , and West Oxf n rd Avenue t o the North, to wi t: Beg inning at the Northeast corner of saio Lr.L 46 , Block 17, Jackson's Broadway Hei ghts ; thence North 0 .34 feet; thence West 58.20 feet tr. a point 0 .02 Ceet North of the North boundary of Lot 46, Block 17; then ce South 0 .02 feet; thence East 58.20 feet to the point of beginning. The said easemer>t is for the purpose o!. accouun<•tl til" 1 Ll•'-' L!l'<.:rc .. oc.:ll mer>t of that pc.rtion of the existing building ki"OWI" as 4101 South Broad way, which is located upon the within said easement . 2. The within easement shall endure for so lorg as the existing building and/or the north and/or east wall thereof rema in loc ated within the said easement. Should that portion of the build il"'g ever be damaged , remodeled, o r remov ed, the ease mer t sha 11 be terminated ar>d no longer shall Gr !"'tee use said easement; urd Gr antee shall con vey easement tn the City by yuit cl im tleetl. 3. Grantee shall mai.ntain ir>surance coverage suCCicier>L L<~ satisfy ar>y liability arising as a result of this ea:.;ernent:, anti Lioe Ci ty shall be held harmless from any and all liabilities arisiny from thi s actio!"'. 4. This agreem l"'t sh 11 1nure to th benefit r,( rd be birding pc .n tn h irs, executors , drnini tr tr.rs, s cc.:t:l sors <Jrd assigns of the respective parties heret 1 r>d seals t:SS WHt:HEO , th parties h ve hereunt t t' ir h n nf th day ar>d year first bnv writ er. ATTEST: x officio crty-Clerk-Treaaurer AfTEST: ----------s.crit'i'ry 2 CITY OF £ GL~ 000 , COLOHADO unic1p l C"rpc r tion ~ILL SMI H PLUMdl A 0 A L1ANCt:, I C • tty ____ • • I • • - .. • • • STATE OF COLORAD O ss . COUN TY OF 1\H/\PAt iOE Ackn o wle d ge d bef o re me by Euge n e L . Ot is, Mayo r, and Gary R. Higbee , ex offic io City Clerk-Treasurer o f the City of Englewood, Co lo ra d o , this d a y o f , 1983 . No ta r y-Pu t5rrc--------- 3400 S. Elat i, Engle wood , CO My Commission expires: STATE OF COLORADO ss. COUNTY OF ARAPAHOE Ackn o wledged bef o re me by president and Sm i th Plumbin g a n d Applian c e, Inc . thi s 19 83 . 3$ as sec r eta r y oC ~ill d y o( Notary PubiTc----·--·- Address: My Co mmi ss ion expires: Sectlon 2 . Th Mdyo r nd e x f fic i o C ity h r eby autho r iz d to x cute th f o r e g oin beh 1[ nf the Citt o[ Engle wood . (IJ r" cJ t I Introduc d , re d in full , and pas ed on first re ding on the 22nd day of Febru r y , 1983 . Publi h d Bill or n Ord n nc on th • 2nd rl,!'l o f M H ~h, 83 . Read by t tle and p s d on fin 1 r eading on th 14th d y of "\arch , 198 3 . I • • ' • • • • Published by title a s Ordinanc e No . _____ , .i<!f i o2:.; the 16th day of March, 1983. nf ]<)8<, r• Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Trea s ur ~r n f the C i ty of Englewood , Colorado, hereby certify that the above and fnregoin g is a true, accurate and complete copy of the Ordinance passed nn final reading and published by title as Ordinan ce Nn . , Se r it·~ of 1983. Gary R. Higbee 4 • I • • I~ ORDINANCE NO.~----- SERIES OF 1983 • • .. BY AUTHORITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE IMPLEMENTING SECTION 138 OF ARTICLE XV OF THE ENGLEWOOD HOME RULE CHARTER BY ENACTING THE CAREER SERVICE SYSTEM OF THE CITY OF ENGLEWOOD AND MAKING CONFORMING AMENDMENTS. WHEREAS, the voters of the City of Englewood amended the Englewood City Charter by adding Article XV, the Englewood Labor Relations and Career Service System-1981; and WHEREAS, said Charter amendment creates a dual employment system within the City of Englewood authorizing the City to bargain collectively with certain employees' o rganizations and establishing a Career Service System based on merit principles for all full-time classified employees of the City of Englewood; and WHEREAS, the Charter places the authority for administration of the City employment system upon the City Manager, wh o is the chief executive officer and head of the administrative service and appointing authority, and the City Council is empowered to enact ordinances implementing the employment system of the City of Englewood; and WHEREAS, the Englewood City Council has previously enacted ordinances implementing the Labor Relations Section of Article XV of the Charter; and WHEREAS , the City Manager has prepared and forwarded to the City Council this proposed Career Service System based on merit principles to apply to all full-time classified employees; and WHEREAS, the City Council submitted the proposed Career Service System Ordinance to the Board of Career Service Commissioners which has held a public hearing on the proposed ordinance and has forwarded recomm ndations to City Council, which recommendations City Council has duly considered and acted upon; and WHEREAS, it is the responsibility of City Council to deter- min and enact appropriate ordinances describing and defining the Car er Service Syst m cr ated by Section 138 of Article XV of the Ch rter; and WHEREAS, it is th intent of City Council, in enacting the Career Service System, to implement Section 138 of Article XV of the Charter by enacting a C reer Service System based on merit principles provldin~ flexibility to managem nt in administering the employment functions of the City in accordance with Charter principles nd providing fairness nd conalatency to employees governed by • ld Syatem; , I • • • • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Title V of the 1969 Englewood Municipal Code is amended by the addition of a Career Service System thereto to read: 2 • I • • • • • CHAPTER 11 5-11-1: GENERAL PROVISIONS COVERAGE These procedures shall apply to all full-time classified employees of the City of Englewood (hereinafter the •city•). These procedures shall serve as a guide to the administration of the Career Service System of the City in keeping with basic merit principles. These procedures are not all-inclusive; final dis- cretion as to interpretation and appropriate course of action concerning a particular personnel matter shall be that of the City Manager or designee, unless specifically otherwise provided herein. These procedures do not apply to bargaining unit employees when a bargained contract addresses the subject matter covered by these regulations. 5-11-2: CLASSIFIED SERVICE All full-time classified positions that are included within the Career Service System. 5-11-3: UNCLASSIFIED SERVICE a) Any elected official or person appointed to fill a vacant elected position; b) Board or Commission member; c) Judge; d) City Manager and employees of the City Manager's office; e) Department Heads; f) City Attorney, employees of the City Attorney's office; g) Confidential secretaries; h) Persons appointed to a position by City Council; i) Any part-time, temporary or contractual employee; j) Any employee hired for special projects or programs or through the use of outside funding sources; k) Unskilled manual laborers and such other classifications which the Employee Relations Director, City Manager with the concurrence of City Council determine that competitive examination is impractical. Th determination of City Council shall be fin 1 as to whether positions are covered under the Career Service System. 5-11-4: RESPONSIBILIT~ FOR ADMINISTRATION (a) City Council. Th City Council sh 11 adopt and am nd the Career Service System rules prepared and submitted by the City Manager. Th City Manager shall pr p re and ubmit to City Council tor doption uch amendments to th Car er Service Sy tern rules !or adoption as he deems necessary. 3 • I • • • • - CHAPTER 11 5-11-1: GENERAL PROVISIONS COVERAGE These procedures shall apply to all full-time classified employees of the City of Englewood (hereinafter the •city•). These procedures shall serve as a guide to the administration of the Career Service System of the City in keeping with basic merit principles. These procedures are not all-inclusive; final dis- cretion as to interpretation and appropriate course of action concerning a particular personnel matter shall be that of the City Manager or designee, unless specifically otherwise provided herein. These procedures do not apply to bargaining unit employees when a bargained contract addresses the subject matter covered by these regulations. 5-11-2: CLASSIFIED SERVICE All full-time classified positions that are included within the Career Service System. 5-11-3: UNCLASSIFIED SERVICE a) Any elected official or person appointed to fill a vacant elected position; b) Board or Commission member; c) Judge; d) City Manager and employees of the City Manage r 's office; e) Department Heads; f) City Atto rney, employees of the City Att orney 's office; g) Confidential secretaries; h) Persons appointed to a position by City Council; i) Any part-time, temporary or contractual employee; j) Any employee hired for special projects or programs or through the use of outside funding sources; k) Unskilled manual laborers and such other classifications which the Employee Relations Director, City Manager with th concurrence of City Council determine that competitive ex mination is impractical. The determination of City Council shall be final s to wh ther positions are covered und r the Career Servic System. 5-11-4: RESPONSIBILITY FOR ADMINISTRATION (a) City Council. The City Council sh 11 adopt nd amend the Career Service System rules prepared and submitted by the City M n ger. The City Man ger sh 11 pr pare and sub it to City Council for adoption such amendments to the Career Service System rules for adoption as he deems necessary. 3 • I • • • • • (b) City Manager. The City Manager is the chief executive officer and head of the administrative branch of City government and shall: (1) Exercise supervision and control over all executive and administrative departments, including the authority, with prior approval of Council by ordinance to establish, consolidate, or abolish administrative departments; (2) Have authority to reorganize departments, divisions, and sections and allocate and reallocate powers, duties and functions to divisions, sections and positions under a principal department. (3) Determine the overall methods, processes, means, job classifications or personnel by which City operations are to be conducted; (4) Appoint, suspend, promote, demote, trans f er ~n ~ rPmove all subordinate officers and employees, subject to the p ro visi o ns o f the City Charter and Career Service System rules and regulati o ns, excepti n g tho s e appointed and removed by Ci ty Co uncil . (5) Be respon s ible for administration and maintenanc3 of the Career Service System . (6) The City Manager or designee shall be wholly responsible for ass i gning a positi o n responsibilities, authorit~, and duties which may be temporary o r permanent, incidental or essential. He shall designate the location of work for the positi o n, determine the tools and equipment t o be furnished . and set the ho ur s o f work and wo rking conditions and determine method , or ocess and means of acc o mplishing work. The City Manager may dir ect, s upervise, ass i gn and schedule the work o f empl o yees . (7) Mainta i n and impr o ve the efficiency and effectiveness of Ci ty o pe rations; and take any a n d all acti o ns t o carry o ut the mis s ion of th e Cit y in c a s e s of em erg e nc y. (8) The appointing authority may del egat e autho r ity ell career service system and personnel functions and actions. delegation need not be in writing so long as the a p pointing authority ratifies the action tak n. f o r Such (9) Perform such other duti and have a nd e x ercise such other City po wers established by Charter and delega ted by City Council, or as may b prescribed or necess ar il y i mp lied by Cha r te r or t h Career Service Sy tem rules and regul a tions. (10) Designat reco ding sec r etary for the Boud .. ._.o sh~ 1 ~eep a rec9rd of all th proceedings b fore the Boar~, ~n~ from time to time , upon recommendation of the Board . deaig~ate ~uch 4 • I • • • .. other and further employees of the City to aid the Board in the performance of necessary clerical and general office work. With approval of the City Manager, the Board may contract for the services of special assistance in fact finding or other matters relating to work of the Board. (c) Employee Relations Director. The City Manager shall appo int an Employee Relat1ons D1rector who shall be respo nsible for the administration and technical direction of the Career Service System of the City of Englewood. The Employee Relati o ns Director shall be chosen on tqe basis of professional training and experience in personnel administration and shall be appointed in the same manner as the heads of other City departments. The Empl o yee Relations Director shall have such authority as delegated by the City Manager and as s et forth o r necessarily impl i ed in these regulati o ns. (d) Career Service Board. Appointment, Removal The City Co uncil hereby creates a Career Serv i ce Board (hereinafter the •Board•) which shall consist of five (5 ) members; two member s shall be appointed by City Co uncil, two members shall be elec ted by secret ball o t by all full-time permanent class i fied empl o yee s of the City, and one member shall be selected by the o ther f o ur members and serve as chairperson. Board members' terms are f o r f o ur years or until resignati o n, remo val o r recall. An y Board member may be remo ved by Co un c il f o r co ntinued neglect o f duties o r malfeasance in o ff i ce. Thos e e lec ted Bo ard members may als be rec alled by the emplo yee s . Electi o n a nd re c a ll pr o cedures are pr o vided i n '69 E.M.C., Title IV, Chapter 5. S h o uld a Board member duly elec ted by the f u ll -time permanent cla ss if i ed empl o y e es re s ign o r o therwise beco me incapacitat ed so a s t o c reate a va c anacy i n o ff ic e, the f ull -time perman en t cla ssified employee s s hall petit io n the City Ele c t io n Co mmis sio n to h o ld an el e cti on t o fill sa id u ne xpire d te rm. Qualifications Each Bo ard member shall r side within th e City and posse s the integrity and imp rtiality to protect the public interest, as w 11 as the inter t of the City and its full-time permanent classified mploy s and shall be kno wn to be in s y mpathy with merit system of pe r sonnel administration . M mb r s of the Bo rd shall hold no other appointi v e o r lect ive municipal office du r ing their tenure Board m mbers . No employee of the City shall be m mb r of o r an ex officio member of the Boa r d . s • I • • • • Authority of the Board The Board has authority pursuant to Section 137, the Labor Relations Article, and Section 138, the Career Service System Article, of the Charter. With regard to the Career Service System of Merit Principles, the Board's principal function is to act as an independent hearing body in hearing merit and disciplinary appeals. In the Career Service System, the Board's duties and powers are: (1) To hear merit appeals of any full-time permanent classified employee and determine if there was proper application of the Administrative Procedures adopted pursuant to Sec. 138:2 of the Charter governing Merit principles with respect to: (i) selection and advancement on the basis of the employee's relative ability, knowledge, and skills; and (ii) the establishment and maintenance of a classification plan based on job analysis. However, the Board shall have no authority or responsibility to hear or determine if any person were denied equal employment oppo rtunity with the Cit y by any employment decision under these rules or other treatment for reasons of alleged discrimination based upon race, religion, age, sex, handicap or national origin. Compla in ts of alleged discriminati on shall be filed with the Employee Relati o ns Director. (2) To hear disciplinary appeals for any full-time permanent classified employee with respect onl y t o whether that employee's suspension, demotion , or discharge was f or cause wh ich relates to the performance of duties, personal conduct, or any o ther factor detrimental to the City and/or any other just and reasonable cause . (3) To appoint a hearing officer (with demonstrable ability in labor and employee relations) to make findings and recommendations to the Board for its final approval with respect to disciplinary appeals and merit app als. (4) Following notic and h aring, to adopt re sonable Board rules and proc dures which are n c ssary in the perform nee of its duties. (5) To effectuate Career Servic Syst m polici s by entering authoriz d d ci ions following merit appeal and disciplinary appeal h arings, but the Board is not uthorized to order any parties to take any action not sp cifically required by Charter or ordinanc • 6 • I • • • • (6) The Board shall hold one regular bi-monthly meeting only when necessary to conduct hearings and other functions required by Subsections 1-4 above and Section 5-1-1 in the months of January, March, May, July, September and November and meet only at such other times necessary to timely conduct hearings and other functions required by these ordinances Subsections 1-4 above and Section 5-1-1. All Board meetings shall be in City Hall o r some other previously noticed City facility. A notice of said meeting shall be posted in City Hall at least twenty-four (24) hours in advance. Each member in attendance at each duly authorized meeting shall receive fifty dollars ($50) to defray his expenses. For additional hearing days or parts thereof in excess of two per month, an additional twenty-five dollars ($25) per hearing day shall be paid. Members shall receive a total of no more than one hundred dollars ($100) per month. (e) Department Heads. Department heads shall have responsi- bility, subJect to other sections of these rules and regulations, to select, retain, transfer, promote, discipline and separate employees within the department. They are expected to effectively supervise their employees, to report on efficiency and performance of their subordinates, to notify the Employee Relations Director of changes in duties of their employees in order that the classification plan can be maintained, and to recommend salary adjustments. Department heads shall recommend desirable changes in the personnel policies and procedures to the Employee Relations Director to improve administration of the personnel system. Department heads may establish such rules deemed necessary for the efficient and orderly administration of their departments. Such rules must be on file in the Employee Relations Department before they become effective and must be consistent with these rules and regulations. Copies of department rules must be made available for use by employees. (f) Employees. It shall be the responsibility of all employees to thoroughly acquaint themselves with the provisions of the Career Service System rules and regulations and the rules of the department within which they are employed. Employees are expected to conduct themselves at all times in such a way as to effectively · and efficiently carry out their responsibilities to the department, the City and to the public. 5-11-5: GRANT-IN-AID PROGRAMS Whenever the provisions of any 1 w, rule, order, or regulation of the United States or of any federal agency or authority providing or administering federal funds for use in Colorado, ither dir ctly o r indirectly or as a grant-in-aid or to be matched or oth rwise, require civil servic or merit standards or classific tiona other than that r quired by the provi ions of these rules, then the provisions of such law , rule, order, or regulation hall prevail and shall govern the class of employm nt and employees atf cted thereby. 7 • I • -• • • 5-11-6: EQUAL EMPLOYMENT OPPORTUNITY Discrimination for or against any person in recruitment, examination, hiring, classification, training, promotion, retention, assignment of duties, granting of rights and benefits, or any other personnel action because of political or religious opinions, race, creed, color, sex, national origin or ancestry, age,· political or religious affiliation, organizational membership , physical or mental impairment where accommodation can reasonably be made or other nonmerit factors except for bona fide occupational reasons is prohibited. Any claim of alleged discrimination for any prohibited reason shall be filed with the Employee Relations Director and may be determined only by the City Manager or his designee. 8 I • • • • • .. CHAPTER 12 POSITION CLASSIFICATION 5-12-1: PURPOSE The position classification plan is an adjunct to the merit system which provides a systematic arrangement and inventory of all positions in the City service. The plan groups the various positions into classes with appropriate titles, descriptions of duties and responsibilities and types of work performed. Class specifications may also list the minimum requirements or qualifications needed to perform the work of the class such as education, experience and knowledge, skills and abilities. By describing work duties and relationships, the position classification plan provides a basis for administrative decision making on compensation, selection, employee development, career advancement, upward mobility and other personnel program activities. 5-12-2: ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN The Employee Relations Director shall establish and maintain a position classification plan based on job analysis that will provide the basis upon which fulltime permanent classified employees are graded, compensated and examined for positions within the Career Service System. The Employee Relations Director shall be charged with the administration and maintenance of the position classification plan so that the classes of work will reflect the duties included in each position in the City service and to ensure that each position is properly allocated to one of the classes. The Employee Relations Director shall periodically review the entire position classifica- tion plan as well as the allocation of all positions to classes within the plan and recommend to the City Manager revisions as appropriate. 5-12-3: ESTABLISHMENT AND ABOLITION OF CLASSES Any change in the position classification plan such a establishing new cla ses, aboli hing classes, reclassifying classes or pay grad changes for classes requires the pproval of the City M nager. 5-12-4: ESTABLISHMENT AND ABOLITION OF POSITIONS (a) All positions in th Car er Servic syst m re established nd maintained through a department 1 p rsonnel budget each ye r ln accordance with e tabllshed budg t and accounting procedure 9 • I • • • • (b) Each authorized position is allocated to an appropriate class. The proper allocation and control of positions is the respo nsibility of the Employee Relations Director. 5-12-5: ALLOCATION OF POSITIONS (a) The Employee Relations Director shall allocate newly created positions to an existing class in the position classification plan or to a new classification depending on the duties and responsibilities of the position and the availability of an appropriate existing class. (b) Every position in the classified service shall be placed in a specific class before final action can be taken on appointments, transfers, promotions, demotions, changes in pay grade status, or payment of salary involving the positions. (c) Those positions in the classified service which are sufficiently similar as to duties performed, level of responsibility, minimum requirements of tra i ning, education, experience o r knowledge, skills and abil i ties and which merit app r oximately equal pay shall be allocated to the same class. 5 -12-6 : CLASS TITLES The title of a position shall be used to designate the position i n all budget d o cuments, payrolls and other o ff i cial reco rds, d o cuments, v o uchers and commu n icati o ns in connecti o n with a l l per so nnel process. Other working titles may be used f o r a positi o n if desired by the department head o r appo inting author i ty to designate the po s iti o n f o r purpo se s not involving perso nnel pro ce ss e s . 5-1 2-7 : DEFINITION OF CLASS Cl a s s mea n s a g r o up o f posit io n s in the Career Servic e Sys t e m sufficien tl y si milar i n du t ie s , auth o r i t ies , r espo nsibiliti es an d minimum requirements of tr aini n g , k no wledge , skill , a b ility an d experience so that the sa me title and p ay grade may be assigned to each position in the group . 5-12-8: DEFINITION OF POSITION A position is an individual job w ithin the Career Service System . A position contains duties and responsibilities assigned by th appointing authority or designee to be performed by an employee . 5-12-9: CLASS SPECIFICATIONS Th Employee Relations Director shall design and maintain a master set of all position pecifications, which shall constitut the official position clas ific tion plan. The official set shall 10 • I • • • • .. contain all amendments and indicate the date of adoption or the last revision of the specification for such position. (a) The position specification shall state the official position title, the characteristic duties and responsibilities, examples of typical duties, working conditions, and knowledge, skills and abilities required to adequately perform in the position. (b) The specification shall be descriptive and explanatory but not restrictive or all-inclusive; that is, the position specifica- tion shall describe the more typical types of work which may be required of a position but shall not be construed to restrict the assignment of other duties related to the position, nor shall it be construed as descriptive of what the duties and responsibilities of any particular position or individual incumbent shall be. (c) Minimum qualifications are comprehensive statement s of the minimum background as to education, training, experience and other qualifications which will be required in all cases as evidence of a person's ability to perform the work properly and therefore as prerequisites to acceptance for examination, or appointment. (d) The Employee Relations Director shall provide each department head with a set of position specifications of those positions in his/her department that are all o cated and for such other positions as may be deemed appropriate. (e) Position specifications of all classified po siti o ns of the City in the Employee Relations Department shall be open f o r inspection by employees or the public under reasonable conditions during business hours. 5-12-10: RECLASSIFICATION OF POSITIONS Th e Employee Relations Director has responsibility for the proper allocation of all positions in the position classification plan. He shall change the classification of any existing position when it is warranted by a material and perman ent change whi ch occ urs in the duties and responsibilities of a position which are of such nature and/or magnitude that allocation to a different class is justified . (a) Th Employe Rel tion Director may requ st department he ds to ubmit position descriptions at any tim (s)he has reason to bell v there has been a significant change in duties and responsibiliti of on or more positions. (b) If a dep rtment h d or ny employee has reason to believe that position i improperly allocat d (bee use of a significant change in duties or r sponsibility) s(he) may request the Employee R lations Direct r to revi w the llocation of the posit on . Such request by n e pl yee sh 11 be submitted through the depart ent 11 I • - • • • • head and shall contain a statement of justification. If there has been a significant change in a position duties or responsibilities, not of an incidental or temporary nature, the Employee Relations Director shall review the position allocation. The Employee Relations Director may review any position he deems improperly allocated. A position may not be reviewed more than once in a twelve month period unless authorized by the Employee Relations Director. Reclassifications are subject to the approval of the City Manager. (c) When a position is reclassified because of a change in the duties and responsibilities of the position, and is assigned by the appointing authority a higher pay grade than the current classifica- tion , the Employee Relations Director may require that the incumbent qualify by examination for the new class or may determine that a noncompetitive promotion is in order depending on the conditions of the reclassification, the nature of the position reclassified and the qualifications of the incumbent. (d) If a position is reclassified and the pay grade is not changed, the incumbent shall continue in the position provided the employee meets the minimum qualification, if changed, and with whatever status (s)he had in the previous classification. (e) If a position is reclassified to a class with a lower pay grade than the current classification the incumbent shall receive the salary rate for the lower class (except that no more than the maximum rate for the lower class may be paid). The incumbent may be transferred to another classified position for which (s)he qualified that is comparable to the position held before reclassificati on . (f) Any reclassification which is denied or wh ich result s in a demo tion for the permanent incumbent and is not in conformance with these regulations may be appealed. 5-12-11: AMENDMENTS TO CLASSIFICATION Amendments of the classification plan, additions of classes to and deletions of classes from the classification plan, reassignments of classes from one pay range to another and other changes to the classification plan made by th City Ma nager or City Council shall not be considered to b amendments to the Career Service Syatea. 12 • I • • • • CHAPTER 13 COMPENSATION PLAN COMPENSATION 5-13-1: GENERAL The compensation plan is an adjunct to the Career Service System and is intended to provide all classified employees with fair and equitable pay and to provide a uniform system of payment . The compensation plan is separate but related to the position classifi- cation plan. Bearing in mind that where comparison between classes or jobs is appropriate or useful, such comparison shall be on the basis of the total cost of wages and fringe benefits for such po sition. Consideration may be given to the following factors: (a) Pay ranges for other classes in the system (b) Knowledge, skill, ability, and responsibility of positions. (c) Prevailing rate of total compensation in the market area, including both private and public employment. (d) Recruiting experience (e) Working conditions (f) Economic Facto rs (g) The level o f compensation c o mpetitiveness sought b~ the City. (h ) The level o f appropriations f o r c o mpensation determined i n accordance with Council policy. 5-13-2 : ADOPTION OF THE COMPENSATION PLAN The Empl o y e e Relations Directo r sha l l prepare and present t o th City Man a ger a pr o posed o r amended co mpensati o n plan at s uch time as the manager s ha l l deem nece ssary o r appropriate. Th e Ci t y Council shal l ad o pt a compen s ati o n pla n t o be effective dur i ng th e next year o r at suc h ti me a s t he co un cil may designa te a nd thereafter until amended or a ne w pl a n shall b ado pt ed . 5-13-3: COMPOSITION 0 THE CO MPENSATIO N PL AN The coap nsation plan ay consist of salary schedules showing pay range , including inimum and maxi ua rates of pay as ay be deemed necessary and approprl te , nd schedules showing the as 19n- ment of each position in the classification plan to p y ranges in the alary schedules. 13 I . • • • 5-13-4: ASSIGNMENT OF CLASSES TO PAY RANGES The Employee Relations Director, with the approval of the City Manager shall assign each position in the classification plan to one of the pay ranges in the salary schedules of the compensation plan. 5-13-5: MAINTENANCE OF THE COMPENSATION PLAN The Employee Relations Director shall make comparative studies of salaries paid and related pay practices of a sampling of public and private employees in the various labor markets in which city employees are recruited. The Employee Relations Director shall utilize the information in the evaluation of assignments of position to pay ranges and in proposing amendments to the salary schedules. Factors relevant in maintaining a sound, fair and equitable compensation plan include among other things, ranges of pay in other classes, prevailing rates of pay for similar employment in both public and private organizations in the labor markets from which Career Service System employees are recruited, cost-of-living factors, other benefits received by employees, the financial and economic considerations existing, the ability to recruit and retain qualified personnel and the level of compensation competitiveness sought by the city. 5-13-6: APPLICATION OF THE COMPENSATION PLAN All persons of the classified service shall be employed a nd paid in accordance with the rates and policies established in the co mpen sa ti on plan for the specific class under consideration. 5-13-7: NEW APPOINTMENT STARTING RATES (a) A new employee shall normally be paid at the beginning sala ry of th assig ned pay range; except that the department head with the approval of the City Manager may authorize a starting sala ry abov the minimum, when a pr os pective appointee possesses qualifications in excess o f the minimum qualificati ons for the class , o r when recruitment has failed to attract qualified applicants willing to accept employm nt at the minimum salary. (b) To pay starting sal ry above the minimum rate, the department head sh 11 provide written document tion to the City Man ger that such action is justifi d by th excepti onal qu lifications of the applicant or by lack of qu lified applicants avail ble t the beginning salary . S-13-8: PRO MOTIO NS AND RECLASSIFICATION UPWARD 14 I . • • • • When an employee is promoted to a position in a class assigned to a higher pay range or his/her position is reclassified to a higher pay range, his/her salary shall be at the minimum rate in the higher pay range or at a rate which results in a pay increase of five percent, whichever is greater. The City Manager may authorize a greater promotional salary if the department head justifies such action by showing exceptional qualifications of the applicant or a lack of qualified applicants at the established salary. 5-13-9: DEMOTIONS When an employee is demoted at his/her request or for cause or reclassified downward to a class in a lower pay range (s)he shall be paid at a rate which is within the lower pay range. The rate of pay shall be determined by the Employee Relations Director after consultation with the department head on the demoted employee. 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 continue to be paid at the same pay rate and shall retain his/her anniversary date. 5-13-11: TEMPORARY WORK AT A HIGHER CLASSIFICATION (a) An employee may be required to perform duties in a higher classification on a temporary, incidental or emergency basis f o r a period of thirty (30) calendar days or less with no change in classification or increase in pay. (b) If the performance of duties in a higher classification s beyond thirty (30) calendar days, the employee shall be eligible for acting pay at the higher classification and shall be paid at 50 of the difference between their salary rate and the minimum rate of the higher class or five percent (5\), whichever is greater. (c) At the conclusion of the temporary work the employee shall revert to his/her former classification and pay range. (d) All ervice in the higher lev 1 cl ssification shall count as time worked in the employ e's regul r classification for all purposes. 5-13-14: GARNISH MENT OR WITHHOLDING 0 WAGE S No writ of attachm nt or garnishment or other proc ss shall attach or delay the payment of any money or other things due to any City mployee when th ney or other thing is due for the personal labor or services of such person, except that the foregoing shall 15 I • -• • • not apply to payments due for alimony, child support or taxes, or where otherwise provided by binding state or federal law. 5-13-15: TERMINAL ANNUAL LEAVE Separating employees shall be paid for all accumulated annual leave to their credit at their current rate of pay as of the effective date of separation. All payment due and owing for any other leave accumulated by the employee shall also be paid at said separation date. 5-13-16: AMENDMENTS TO COMPENSATION PLANS Amendments of the compensation plan and annual or periodic changes of pay rates for the pay ranges within the established pay schedules and other changes made by the City Manager or City Council to the compensation plan shall not be considered amendments to the Career Service System. 16 I • • • • • CHAPTER 14 RECRUITMENT 5-14-1: GENERAL Recruiting, selecting and advancing applicants and employees will be on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants and employees for appointment or promotion. To assure high quality of service to the public, recruitment efforts and publicity will be directed 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 opportunity for the public to apply and be considered for employment on the basis of the i r relative kn o wledge, skills, abilities, and potential. The Employee Relations Director shall establish minimum requirements and qualificatio ns for positions in the Career Service and shall prepare and ho ld examina- ti o ns, pass upon qualificati o ns of applicants, establish eligibility lists and certify eligible applicants to the City Manager to fill vacancies in the Career Service. 5-14 -2 : RECRUITMENT PROCEDURES Ann o uncements o f exami n ati o ns and/or vacant positi o ns may be s e n t to newspapers and radi o stati o ns and other public places to assure the widest possible exposure. Announcements and vacancy l i s t s may al so be fur n ished t o c o mmunity o rganizati o n s , i nclud i ng mino rity gr o ups and wo men's o rganizati o ns. App lic ant s wi l l be recruited o n the ba s is of t he mini mu m kno wled g e , s k il l, ab i lity, experience a nd educati on r equi rem en t s e s t ablis h d f o r the positi o n. All pu b l i ci ty s hal l indi c at e that th City i s an eq u al o p po r tuni ty e mpl o y e r. 5-14-3: POS ITI ON ANN OUNCEMENT Th position announce ment s hall inc l ud , b ut need not b e l111i ed to, the foll wing info r 11 tion: position title; nnu 1 , nthly nr hourly s 1 ry; general du ies; 11iniJDUID ualific tiona; th ti , place and manner for the • king of applic tiona; closing d e for receipt of ppllc tiona; nd any other qualification de aed to constitute a bona fide occupational ualif cation. 5-14-4: AN NOUNCE MENT FOR OPEN CO TI UOUS EXAM I NATIO N Announcements sh 11 b sted in the of ices o the Depa r tment ploy 1 t ons and in oth r appropriate places determined by aployee tiona Director where eligible persona 11ight re on bly c ed to be loca ed. D p rt• nts nd diviaiona 17 • I • • • • shall post announcements in places known by and available to employees. Any substantial changes made in an announcement shall be distributed and a new time limit set for filing applications. The filing date may be extended whenever the Employee Relations Director determines that an insufficient number of applications has been received from qualified persons on any announced examination. Whenever the Employee Relations Director determines that an announced examination is not needed, the examination may be canceled. If an examination is canceled, written notice shall be given to concerned applicants and concerned department heads. 5-14-5: FILING OF APPLICATIONS When there is an urgent need for eligibles and past experience or knowledge of labor market conditions indicates a probable scarcity of eligibles, applicants may be examined and placed on an eligible list as received, provided that there is good reaso n to believe that all qualified persons who apply will have an oppo r- tunity for consideration of appointment. These procedures shall be known as open continuous examinations. Announcements o f o pen c o ntinuous examinations shall be distributed and posted in the same manner as any other examination announcements. All applications for positions or examinations shall be o n standard forms prescribed by the Director of Employee Relations. All applications shall be signed by the applicants attest i ng t o the truth of all statements contained in/or by reference made, a part of the application form. To receive consideration, applications must be r e ce i ved in the Empl o yee Relations office or postmarked by the clo s ing date s pecified on the examination announcement. Late appli c ati o n s may be re c eived at the Employee Relations Director's discreti o n. Inco mplete or defective applic a t io ns may b e retur ned to the a pp lican t s fo r rev i s io ns o r a dd i tional in f o rmat ion . Revisions or addition a l info rm a t ion mu s t b made and r ecei v ed within time limits fixed by the Director of Employee Relations . Application for op n competitive x minations m y be filed by any person who m ets th requir menta as li ted on the public announcement of the e x amination . Any tat m nt on an pplication t h t is fo u nd to b fal e or d liberatel y misle di ng may be cau e fo r r ejec t ion of the applic - tion or empl yment te r min a tion t a late r d te . The Emplo y ee Rel tiona Director ay , in conn ction with such pplication , requir~ such certificates of im igration or visa at us, physician 's certificates , lie nae certificates , ducatlon 1 18 I • • • • achievement certificates, or any other documentation which bears upon an applicant's qualifications or eligibility. The Employee Relations Department may develop a procedure for voluntary self-identification as to protected class affiliation which shall become a confidential part of the application. The information requested is for use solely in connection with affirmative action efforts, the information is being requested on a voluntary basis, that it will be kept confidential, that refusal to provide it will not subject the applicant to any adverse treatment. 5-14-6: REJECTION OF APPLICATION OR APPLICANTS The Employee Relations Director may reject any application or applicant when it has been determined that: (a) The applicant has made deliberate false or misleading statements and deception in attempt to secure employment. (b) The application was not received on or before the closing date established for receiving applications. (c) The application was not filed on the pre sc r ibed form. The applicant does not possess the requirements as sp i the examination announcement o r th e public announcement of ) b vacancy . (e) The applic ant is physically o r mentally unf t t p rform th duties of the class or pos iti n f r ch appl cation (f) Th appli cant was employed previ ou ly by the C1 y and wa s dis is ed for cause o r resigned in lieu of d s•issal. (g) Th applicant has a record of convictio of cri e. Evidence of r habilitation shall be consider d . C nsid ration of CRS 24-5-101 (1973) will be given. (h) The pplicant's past re cord of employment is det rmined to b unaatisf ctory by the Employee Relat ions Dir ctor . Wh ene v r an applicant or application is r jected , notice of such rejection sh 11 be given to the applicant. The Employee R 1 tions Director may refuse to examine an applicant or, after x min tion , may r fuse to certify as eligible any applicant wh o is found to lack any o f the requirements established for th position of employm nt for which the person has applied; or any applicant wh o has made a false stat m nt of any material fact; o r wh o directly or indirectly g ve, pa id o r promised t o giv any mon y, s rvi ce or other valuabl thing to any p r son for o r on account of , o r in conn c ion with , his election process or appointment, or h s 19 I • • • • practiced, or attempted to practice any deception or fraud in the selection process of any such application, certificate filed in connection with or in securing eligibility or appointment, or who refuses to furnish testimony as required by law, and any applicant who commits any such act or acts shall, if hired, be subject to dismissal. 5-14-7: AUTHORIZATION FOR EMPLOYMENT No person shall be given employment in the Career Service until the department head shall have notified the Employee Relations Director in writing of the need for such employee in such manner as these rules and other regulations may prescribe, the City Manager has authorized the employment, and the Employee Relations Director shall have certified such perso n as eligible for appointment. 20 0 I . 5-15-1: • • • CHAPTER 15 SELECTION/ADVANCEMENT DETERMINING EXAMINATION DEVICES The Employee Relations Director, in consultation with department heads, shall determine which examining device or combination of devices will be used to evaluate the relative fitness of applicants and conduct the examinations. The examination device selected will be determined by the Employee Relations Director to relate to the duties and responsibilities of the position for which candidates are being examined, to be impartial, and to fairly appraise and determine the relative knowledge, skill, ability and qualifications of candidates to perform in the position. The Employee Relations Director may use a variety of devices, including, but not necessarily limited to, assessment of training, education and work experience; written, oral or performance tests; tests of physical agility or capability; medical and psychological examinations; reference checks and background investigatio ns; and o ral interviews, singularly o r in any combination. Each device utilized will be administered on a standardized basis to assure equity. Examinations shall be practical in nature and shall be constructed t o reveal the capacity of the candidates for the particular position for which they are competing, their general backgr o und and relative knowledge, skills and abilities and any c hara c ter or personal traits which are job-related. 5-15 -2: DELEGATION OF EXAMINATION FUNCTION Th e Empl o yee Relat io ns Dire c t o r may delegate autho rity wi t hin the Car e er S ervi c e System t o p rfo r m recruitment, exami n ati o n, and r efe rr al a c t i vit ies on e ithe r o pen -c o mpetitive o r pr o mo ti o nal e x aminations . The e xe r cis o f this autho rity by the d lega te(s) shall be subject to r vie w by th Empl o ye e Re l t iona Directo r. 5-15-3: OP EN CO MPETITI VE , PROMOTIO NA L, AN D CO MBI ATIO N EXAMINA TIO NS Positions in th c r er Service hall b filled through • competitiv ex min tinn proce s open to th public and based nn merit and fitness . When th Em p lo y ee Rel tiona Di r ecto r determines that th re ar sufficient numbe r s of qu a li led potential applican s within the Ci y service to as ure effect iv e com pe tition and an ade u te ligibile list , an exa ination may be liaited o ligible employees within the City servic • 21 • 0 I • • • • When it is determined that there will be a promotional examination, the Employee Relations Director shall designate the lower class or classes in which employees are eligible, the required period of service in such class(es) and the departments to which the examination will be restricted. Promotional examinations shall be open to any employee in the classified service who meets the eligibility requirements described for the class for which the examination is being given. When there are qualified potential applicants within the city service, but not enough to assure an adequate eligible list, examin- ations may be given on both an open-competitive and promotional basis. Open continuous examinations may be given when market condi- tions indicate a probable scarcity of eligibles. Applicants may be examined and placed on an eligible list as received, provided there is good reason to believe all qualified persons who apply will have an opportunity for consideration for appointment. 5-15-4: QUALIFYING EXAMINATIONS The Employee Relations Director may conduct a qualifying examination when: (a) an employee transfers from a position in one class to a position in another class in the same pay range for which (s)he has not previously passed an examination; o r (b) to determine qualifications for another classification in a reduction-in-force action or demotion. 5-15-5: MEDICAL EXAMINATION Appl icants for positions in the Career Service may be required to undergo edical examination to determine physical and mental fitness to perform the work of the position for which they are being considered for ppointment. In lieu of the medical examination , an pplicant may b requ st d to submit a certificate of good health with the a pl cation . Deteralnation of physical or ntal fitness wi ll be by a physician or physic ans or other authorit y designat ed by or acceptable to the Employ e Relations Director. Ap lie nta or ligible determin d to b e phy sic lly or ntally unfit to perform the duties of th cl ss o r particular position 1hall not be considered qualified for appointment to that class or posit on(a). 22 • 0 I • • .. 5-15-6: CONDUCT OF EXAMINATIONS (a) When written examinations are used, the examination will be conducted in a place or places found convenient for applicants and practical for administration. (b) The Employee Relations Director may designate monitors t o take charge of the examination under instructions prescribed by the Director. (c) The Employee Relations Director may conduct special examinations at times and places apart from the regular examination when it is deemed expedient. (d) Any examination may be postponed or canceled at the discretion of the Employee Relations Directo r. Applicants shall be notified of the postponement or cancellation. (e) Candidates may not take into or use any unauthorized materials in any examination. (f) Communication between candidates during a written examination shall be prohibited. (g) Candidates may not communicate the content of any examinati o n to other applicants or potential applicants. 5-15-7: COMPETITIVENESS An examination shall be deemed competitive regardless of the number of examinees when (1) the Employee Relations Director has established qualifications and requirements for admissi on to and successful completion of the examination that (s)he determines are based upon reasonable education, experience, and personal stand ards; (2) a reas nable oppo rtun ity to apply is afforded potentially qualified persons; and , (3) all examinees compete against common standards. 5-15-8: MAKE-UP EXAMINATIONS A candidate o a ls to app r as scheduled for an xaminat on • y re uest a make-up ex mination. Th reque t may be granted by the •ploy e Relation Director if the Director deter- mines good nd su!f cient r son xists nd only if the typ of examinatl n nd tla schedule permit • Hake-up examinations shall be de lgned t~ evaluate f ctors x mined in a substanti lly similar m nner as the inl lal exa !nation. 5-15-9: PLAC HENT ON ELIGIBLE LISTS C ndidat s o p a competitive ex mlnation or ak -up ex mlnat n sh ll pl c d on n eligible list !or the position for hlch th x ~ina lnn wa a given. Pa ssing score sh ll b determined 23 • I • • • .. by the Employee Relations Director in consultation with the depart-ment head. The candidate's inclusion on the eligible list will be determined by his final earned examination score plus, when applicable, veterans points. 5-15-10: METHOD OF CONSTRUCTION AND RATING OF EXAMINATIONS The determination of appropriate written, performance or other tests; the methods of evaluating experience, education and training; and of weights to be assigned to various parts of the examination shall be determined by the Employee Relations Director. 5-15-11: RATING OF EXPERIENCE AND EDUCATION When rating of experience and education forms a part o f o r the t o tal examination, the Employee Relati o ns Director shall determine a pr o cedure based on merit principles for the evaluation of the educational and experience qualifications of the applicants. The Empl o yee Relations Directo r may verify an applicant's experience and education. If the investigation brings o ut information affecting the rating o f experience, education o r training, the Employee Relations Directo r may rate the candidate acco rdingly or make the necessary rev is i o n o f the rating a n d s o notify the candidate. 5-15-12: VETERANS PREFERENCE POINTS Veteran s wh o , f o r o ther than tra i n i ng purpo se s , serv e d on acti v e duty in any branch o f the Armed Fo r c es o f the Uni ted S t ates du r ing an y pe r io d o f any declared war o r a ny un de c lared war o r o t he r a r med hostilities again st an armed f o r eign en emy, o r who ser v ed on active duty in an y br a n c h o f the u.s . Arm ed Fo r ces in any campaign ~r exp dition for which a c ampa i g n b adge is au t h rized , a~d who w re separated u~der honorable con d i t ions, and the un r emarried wido ws of such veterans, shall ha v e 5 poin t s added to a passing grade on open-comp titive examinations . If the veteran, because of disability incurr d in the line of duty, is receiving monetary comp nsation or dis bility retirement b nefits by reason of public law dministered by th Dep rtment of D fense or the Veterans Administration or any succ ssor th reto, he shall have 5 additional points add d to a passing grade on op n-competitive xaminations. Applicants (1) including v teran , di abl d v et rans , nd unm rried wido ws of veterans , claiming v te r ans points must submit a certified or photostatic copy of Form 0021 4 or co mpa r able certifi- cates and (2) ny other document nece aa r y to establish their entitlement, from the Department of Defense , the United States Veteran Administra~ion or other appropri te gency . Once a veteran or wido w of veteran who is eligible to receive preference pain s has been appointed to a position in the City C reer Service Syste , 24 I • • • • the person may not have veterans points added to any future examinations taken for a position in the City of Englewood Career Service. 5-15-13: NOTIFICATION OF EXAMINATION RESULTS Each person who takes an examination shall be given written notice as to whether (s)he qualified on such examination. Eligibles shall be advised of their score and if they were placed on the eligible list. The official posting place of examination results and eligible lists shall be the Employee Relations office. In his discretion, the Employee Relations Director may send informational unofficial results and lists to such places he determines appropriate. 5-15-14: INSPECTION OF EXAMINATION RESULTS Each person taking an examination shall be entitled t o o ne (1) inspecti o n o f h i s /her rating and examination papers wi t hin ten (10) days f o llo wi ng t he no t i fication of examinati o n res u lt s , u n les s waived by the Empl o yee Relations Director f o r j ust c au s e. Inspecti o ns s ha ll be permitted o nly during regular bus i nes s ho urs. Examinati o n pape r s shall not be open to the general p u bl ic . 5-15-15: ADJUSTMENT OF ERRORS If a man i fest error in the rating of an examinati o n i s , in wr i ti ng, c a l led t o the attenti o n o f the Empl o yee Relat ion s Dir ec t o r wi thi n ten (1 0) days after no tificati o n o f the examinati o n result s , t he Directo r s hall c o rrect such erro r i f he deems i t s ign i fi c a n t. S u c h c o rre ction s hall extend o nly t o placement o f the appli c an t on the eligible li st but shall no t invalidate a n y ap point ment pre - vio u s ly made fr o m the el i gible l is t. 5-15-16 : RE VIEW AND APPEAL ON ADMI SS I ON TO AND CONDU CT OF EXAM I NA TIO NS Candid tes may wi t hin five (5) days from the date on which notice of denial of entrance o r of x amination r esults is given, requ st review of the examin tion dmission , conduct or coring procedur s . During that 5-day p riod , if h b lieves h was improperly d nied admission or th ex mination w s not prop rly con J ucted or wa not rated in accord nee with th procedu r s required by these Rules , a c ndidat may file a writt n p tition for revi w by the mplo y e R lations Di r ector. If , purau nt to a r quest und r th bo v e par g r aph , the Employee R latiions Di r ector revie ws dmiaaion proced u res or the conduct nd scoring of th examina ion nd dete rm ines th t there were no irregul riti s in th conduct of th ex mination or th t the applic nt waa prop rly denied dmiaaion , he shall give writt n notice t the candid t of hia d termination. The Employee 1 iona Direc or shall al o dvta candidate who ia a full-tim 2 5 • I • • • .. - permanent classified employee that he has a right to a merit appeal. Applicants appealing examination admission shall not be conditionally allowed to take any part of the examination unless this is determined to be appropriate by the Employee Relations Director. If the applicant's appeal is resolved in his favor, the Director shall take the necessary action to examine the applicant. The outcome of an appeal shall extend only to placement of an appellant on an eligible list but shall not affect the validity of any appointment previously made from an eligible list. 5-15-17: CONFIDENTIALITY OF EXAMINATION MATERIALS All examinations and test materials shall be regarded as privileged and confidential information and not available for public inspection. 5-15-18: PROTESTS Persons other than fulltime permanent classified employees who believe that their applications have been erro neously rejected or who believe that their examinati o ns have been incorrectly rated may present the i r pr o test to the Employee Relations Directo r for c o nsiderati on . 5-15 -19: ESTABLISHMENT OF ELIGIBLE LISTS The Empl o yee Relations Directo r shall establish and maintain eligible l i s t s f o r vari o us classes o f posit io ns as may be necessary t o meet th e n eeds o f the classified service. Open competitive and pr o mo ti o nal eli g ible lists shall c o ntain the names o f those persons wh o ha v e s u cc e s sfully qualified in the examinati o ns a c c o rding t o final e a r ned sco r e plu s veteran's preferen c e po int s . 5-15-20: TYPE S OF ELIGIBLE LISTS (a) Op n Com petiti v e Eligi b le Lis t: An eli g i b l e list r esultin g from n op n competiti v e x mination contains names of e x amin s qualified by x min tion , including v teran 's preference points . (b) Prom tion 1 Eligible List , City-Wide: An eligible list result ng from a promotional x a mination open to any classified Cit y mploy e ligible to comp t on a p r omotion 1 basis contains names of employees qualified by x mina ti on . (c) Combination Eli g i b l Lis t : An eligible list resulting f r om n exa ina inn gi v en as o p en co mpetition and pro otional containing the n1mes o c ndidates and emplo y ees qu lifted by the ex min tion(s), including veterans 's preferenc points added to c did es scores on op n competiti v e examin tiona. 2 • I • • • • • 5-15-21: USE OF ELIGIBLE LISTS Appointments to vacancies in the Career Service shall be made from eligible lists established through the competitive examination process unless the Employee Relations Director determines that the vacancy may be filled by transfer, demotion, reemployment, or, temporary or other appointment provided by these regulations or charter. 5-15-22: DURATION OF ELIGIBLE LISTS Eligible lists shall exist for a one-year period unless, (1) exhausted or canceled by the Employee Relations Director at an earlier time, or (2) extended by the Employee Relations Director for an additional period not to exceed one year. 5-15-23: REPLENISHMENT OF ELIGIBLE LISTS If the Employee Relations Director determines that an eligible list, although not exhausted, is inadequate for the filling of anticipated vacancies during the normal life of the list, he may announce a new examination for the purpose of replenishing such a list. At the time of the announcement of such examination, all eligibles remaining on the eligible list shall be notified and advised that they may take the examination, if they so desire. 5-15-2 4: ABOLITION OR SU PERSESSION OF ELIGIBLE LISTS The Employee Relat io ns Director may abolish and/or supersede an eligible lis t before its normal expiration date when he determines that continuation of the list would result in an untenable situation in the City service. A statement of the reasons for such abolition or supersession shall be entered in the rec o rds of the Employee Relations Department. 5-15-25: REMOVAL OF NAMES FROM ELIGIBLE LISTS Th Employee Relations Director may remove th names of any persons from eligible lists for the following causes: When the person is appointed to a position from the list; (b) When the person is appointed to a position in a higher pay gr de , unless the person requests and the Employee Relation Director pproves r t ntion of his nam on the list for good and sufficient cause , o r when the person declines appointm nt to sition; (c) Wh n th person fails to report as directed for an employment int rvi w or for an additional part or ph s of n ex mination; 27 • I • • - - • • • • (d) When the person fails to respond to a referral within the time allowed; (e) When the person fails to comply with the written instructions from the Department of Employee Relations; (f) Failure to respond, within the time specified in the notice, to any inquiry of the Employee Relations Director, department heads, or appointing authority; (g) Notice by postal authorities of their inability to locate the eligible at last-known address. (h) Failure to report for work after acceptance of appointment. (i) Appointment through certification from the eligible list to another class at the same or higher pay range. In such case, at the request of the appointee, his/her name may be continued on a n y or all lists other than the one from which the appointment was made, for the remainder of the period of eligibility on such lists. In the case of pr omotion al lists upon separation other than layoff from the city service; (j) Whenever an eligible notifies the Employee Relations office of unavailability for employment or employment consideration ; (k) When the eligible has reached mandatory retirement age or will reach mandatory retirement age during the life of the eligibility list; and (1) When found by medical or other examination to be physically or mentally unfit for service in a class. 5-15-26: NOTIFICATION OF REMOVAL FROM ELIGIBLE LIST Whenever an eligible 's name is removed from a eligible list, the Employee Relations Director shall notify the eligible of such action. 5-15-27: NAMES ERRONEOUSL~ OMITTED OR DELETED The name of a person erroneously omitted or deleted from an ligible list shall be restored or added whenever such action i pproved by th Employee Relations Director. 28 I • • • .. 5-15-28: SCORING ERRORS When, subsequent to the establishment of an eligible list, mathematical scoring errors are discovered or veterans points granted, the final scores of eligibles shall be adjusted accordingly. 5-15-29: EFFECT OF RESTORATION OR ADDITION OF NAMES Neither restoration or addition of names to eligibles list nor adjustment of final scores shall affect appointments made prior to the action. 5-15-30: SELECTION PROCESS The selection process is defined as the process by which a vacant position is filled. A vacant position is either a newly created position or an existing position no longer occupied by an incumbent. The selection process may include recruitment, candidate evaluation and examination, certification and final appointment. 5-15-31: PROCEDURE FOR FILLING VACANCIES All vacancies in the classified service shall be filled by original appointment, promotional appointment, reemployment, reinstatement, transfer, demotion, temporary appointment, o r acting appointment by the appointing authority or designee. Whenever a vacancy is to be filled the Empl oyee Relations Director shall certify the names 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 certified or as otherwise authorized under the conditions and terms specified in these regulations or charter. When the number of names from an eligible list for filling any vacancy is five (5) o r less, the department head may recommend an appointment o r that a n w list be established. The appointing authority may make an appointment from the available names, or may decline appointm nt for that vacancy and request th t a new list b st bllshed and , in th interim, that the po ition be fill d in any manner provided by these procedures. 5-15-32: APPOINTMENT TO UNCLASSIFIED OR EXEMPT POSITIONS on Appointment to non-comp titive b x mpt or uncla sifted position is. may be made Ap lnt ants shall be mad only from applicants d t rmined to meet the inimum ualific tiona for the class or position. 29 I • • • .. 5-15-33: AUTHORIZED AND ESTABLISHED POSITIONS No appointments in the Career Service shall be made except to positions specifically and duly authorized by the City Manager and established and classified by the Employee Relations Director. 5-15-34: TYPES OF APPOINTMENTS Permanent appointments are made from a lay-off list, reinstatement, an eligible list, or by promotion, demotion or transfer to a permanent position. 5-15-35: PERMANENT APPOINTMENTS Permanent appointments are without specified duration and remain in effect until the appointee voluntarily separates, is involuntarily separated, or the position is abolished. 5-15-36: TEMPORARY APPOINTMENTS Temporary appointments without examinations not to exceed twelve (12) months in duration, may be made to either permanent, classified, temporary, o r part-time positions. A person appointed on a temporary basis is n o t eligible for the rights, privileges and benefits conferred through these procedures except as otherwise specified. 5-15-37: PART-TIME APPOINTMENTS An appo intment of a person on less than a full-time basis may be made t o either an authorized full-time or part-time positio n. Scheduled work h o urs for a person appointed on a part-time basis shall be less than an average of 40 hours work each we ek. A part - time appo intment may be permanent o r temporary and may b e made witho ut regard t o pr o visi o ns o f these pr o cedures. Appo intme n t s will o nly b e mad e fr o m appli c ants det e rmined t o meet the mi n im um r equi r e- ments f o r the pos iti on . 5-15-38 : REE MP LO YM ENT A former employe who i separat d f r o m City employment either becau e s(he) re igns in good standing or thei r position comes to n end , may b re mployed in their sam or lo wer clas lfication by th City M n ger, within fiv (5) years f rom the date of separ tion. With the ppro v al of th Empl o y ee Re lat io n Di r ector r eemplo ym nt may be m d e witho u t e x min at i o n pr o v ided the minimum qu lific tiona for the po ition ha v b en met and the emplo y e is physicaally and mental l y ca p able of pe r fo rm ing the duties of the position . 30 I • • • • • If a former employee is reemployed, s(he) must once again serve a probationary period. With the approval of the Employee Relations Director, the former employee may be reemployed in a different class of equal or lower grade for which the employee is qualified. 31 I • • • • • • CHAPTER 16 PROBATIONARY PERIOD 5-16-1: GENERAL All appointments to positions in the classified service shall be subject to satisfactory completion of a probationary period. This is applicable not only to the first appointment but also to any subsequent appointment. The probationary period shall be regarded as a integral part of the selection process and shall be utilized for closely observing the employee's work for evaluating the employee's ability to perform the actual duties of the position; for securing the most effective adjustment of a new or promoted employee o the position; and for separating or demoting any employee whose performance or conduct is not satisfactory. 5-16-2: DURATION OF PROBATIONARY PERIOD The probationary period for any original entrance appointment in the classified service shall be twelve (12) months in duration. Permanent employees promoted to higher level position in the classified service shall serve a probationary period of no less than six (6) months and no longer than twelve (12) months in duration. 5-16-3: COMPLETION OF PROBATIONARY PERIOD The supervisor may recommend to the appointing authority removal of any employee during the probationary period if observation and evaluation have indicated that the employee is unwilling or unable to satisfactorily perform the duties of the position, or that the employee's habits or lack of dependability do not merit continuanc in the position. Probationary employees do not have the right of h aring to review their dismissal. 5-16-4: PROMOTIONS; PROBATIONARY PERIOD The purpose of the prob tionary period following a promotion is the s ae as for original entrance appointm nts. If an employee falls to perform satisfactorily during th probation ry period following a promotion and is sub quently de ted, the employee sh 11 be entitl d to return to a position in his/her former clasai ication at his/her previous rate of pay provided the de ed a l~yee had acquired permanent status in the for11 r position. 32 I • ...... • • • .. 5-16-5: PROBATIONARY PERIOD REPORTS Throughout the probationary period, the employee's supervisor will observe the employee's performance and will discuss any strengths and weaknesses in performance with the employee. Prior to the expiration date of an employee's probationary period, the supervisor shall complete an evaluation report of the employee's performance and discuss the report with the employee. The evaluation report will state in writing whether or not the employee has performed satisfactorily during the probationary period. The evaluation report shall be sent to the Employee Relat ions Director prior to the expiration date of the employee's probat ion ary period indicating that: (a) The emplo yee's performance is satisfactory and (s)he should be reta in ed in the position; or (b) The employee's conduct or performance is unsatisfactory and that his/her removal is proposed as of a specific date prior to the end of the probationary period; 5-16-6: COMPLETION OF PROBATIONARY PERIOD Upon satisfactory completion of the probationary period, employees become eligible for consideration for permanent status as may be granted by the appointing authority. Employees may become eligible for consideration for merit or other pay inc rease s at such times and in such amounts as the appointing authority may determine to be appropriate and within these administrative procedures. 5-16-7: DEMOTION OR TRANSFER DURING PROBATIONARY PERIOD An employee transferred or demoted to another position with similar or lesser qualifications in the same department shall serve a six-month probationary period o r complete his current probationary period, whichever is greater. An mployee transferred, or transferred and de t d t another position with similar or 1 sser qualifications in a different d partm nt shall begin a new probationary period. An employee transferr d or demoted to anoth r position with subst ntially differ nt qualifications shall be9in a new probati nary period unless the employee already ha per•anent status in that classification or a hi9her cla sification in the •••• series. 33 • I • • • • • • 5-16-8: PERMANENT STATUS An employee who is appointed from an examination eligible list to a permanent classified position shall have permanent status in that position after (s)he satisfactorily completes the required probationary period. Certification to a permanent position shall be by the City Manager or designee after the receipt and review of the employee's probation and satisfactory evaluation. Permanent classified employees shall be granted all the rights and benefits specified in these regulations, ordinances and charter. 34 • I • • • • • • CHAPTER 17 PROMOTION, DEMOTION, TRANSFER 5-17-1: GENERAL Vacancies in positions above the entry level in the classified service may be filled by qualified and interested employees within the City service, unless it is determined by the Employee Relations Director in consultation with the department head to be in the best interest of the City service to open the position to candidates recruited from outside the city service. 5-17-2: PROMOTION POLICY City employees are encouraged to develop new skills, expand knowledge of their work, assume greater responsibilities, make known their qualifications for promotion to more difficult and responsible positions, and compete in all examinations for which they are qualified. 5-17-3: METHOD OF PROMOTION An employee may be eligible to be promoted if (s)he meets the qualifications for a position in a classification in a higher pay range and further qualifies by attaining a score satisfactory to the department head and appointing authority on a promotional examination for the position. 5-17-4: DEMOTIONS An employee may be demoted to a position in a lower pay grade for which the Employee Relations Director determines s(he) is qualified when: (a) The position held by the employee is abolished. (b) Th position held by the employee is recla ssified to a lower grad • (c) The employee is displaced from his position by another employee with more quality and/or length of service as determined by the City M nager o r designee. (d) The mployee voluntarily requests a lower classification. (e) The employee does not r nder satisfactory service in the po ition held. A demoted employee's pay rat shall be d termined by the Department Head and th Employee Relations Director, but shall be no higher than the maximum pay rate for the lower class to which the employee wa s deDnted. 35 I • • • • • 5-17-5: DEMOTION DUE TO ABOLISHMENT OF POSITION When the position held by an employee is abolished and the employee has less quality and length of service than any other employee in the same class in the same department, the employee may be demoted to a lower level class for which (s) he and in which (s) he has greater quality and length of service than another employee. When demotion occurs as a result of abolition of the employee's position, the employee's pay shall remain at the same rate in the lower pay grade except that no more than the maximum pay rate for the lower class may be paid. 5-17-7: DEMOTION DUE TO RECLASSIFICATION If reclassification of a position results in its allocation t o a lower level and pay range, the employee shall be demoted t o the lower level position. When demotion occurs as a result of reclassification, the employee's pay shall remain at the same rate in the lower pay grade, except that no more than the maximum rate for the class may be paid. 5-17-8: VOLUNTARY DEMOTIONS An employee may be dem o ted to a position in a class with a l o wer pay range upo n written request to the department director sub j ect t o the appro va l o f the appo inting authority. The Employee Relati o ns Direct o r shall determine whether the empl o yee is qualified t o perfo rm the duties a n d responsibilities o f the l o wer c lass po siti o n. Whe n d em o ti o n is vo luntary, the emplo yee's pay r a t e s h al l be det e r mined by t he Emp lo yee Relations Directo r, bu t shall be no h i gh er than t he max i mum pay rat e f o r the l o we r class . 5-17-9: TRAN S FER S A position may be filled by transferring n mployee from a position in the me class or in a different class in the same pay range involving the performance of similar duties and requiring ss nti lly the same basic qualifications. (a) INTRADEPARTME NTAL TRA NSFER: A Depa r tment Head may transf r an employee from one position to anoth r position in the same class at any time. Tr nsf r of an emplo yee f r om a position in one clas to a po 1tion in noth r cl ss may be made only bet ween classe in the same p y rang , provided th Employee Relations Director certifies that the employe meets the minimum qu litic tiona for th class. 36 I • • - • • • • • (b) INTERDEPARTMENTAL TRANSFER: A transfer of an employee from a position in one department t o a position in the same class in a different department may be made. A transfer of an employee from a position in one department to a position in a different class in another department may be made. Such transfers are subject to the approval of both the department heads and to the Employee Relations Director's determina- tion that the employee meets the minimum qualifications for the class. A probationary period shall be served when an employee transfers from a positio n t o another position • 37 • I • • • • • CHAPTER 18 PERFORMANCE EVALUATION 5-18-1: GENERAL Employee performance evaluation and direction are the continuing day-to-day responsibility of supervisors. There is recognition of the need, for a formalized performance evaluation system to assist management in making personnel decisions. The performance evaluation system may accomplish the following: (1) Standards. Provide employees with expected standards and to give them regular feedback on their performance relative to those standards. (2) Examination-Performance Relationshie. Determine if those employees who score the highest on the select1on test become the higher performers on the job. (3) Promotion. Based in part upon past performance, the evaluation system may allow comparisons among potential promotees in a more objective fashion. (4) Training. Documentation of an employee's strengths and weaknesses may be used in making training decisions, whether this training is formal or informal, o n site or off site. (6) Demotion or Termination. The evaluation system may be used as partial documentation and justification for the demotion or termination of incompet nt empl o y es . 5-18-2: evaluation process can provide valuable of their strengths, weaknesses, and PROCEDURE FOR ANNUAL EMPLOYEE PERFORMANCE EVALUATION At th end of n mploy e's prob tionary p riod and at least annually thereaft r on th mployee's nniversary d te, or at such other time s may be designated, the supervisor shall complete an employee performance evaluation form reviewing and ev luating the empl o yee's job perform nee, considering ny changes th t may have occurred in the job or other factors which might affect job perfo r nee, noting strengths and cap billtles worthy of special mention, and area-wh re impr o vement is needed. The s uperviso r and 38 • I • • • .. employee will then meet to conduct the supervisor-employee review and discussion. 5-18-3: ANNUAL EMPLOYEE PERFORMANCE EVALUATION Prior to an employee's anniversary date, the employee's supervisor shall conduct an annual employee performance evaluation. The annua l evaluation is a summary o f the supervisor's observation o f the employee during the preceding year, and a summary of the employee's performance in terms of a variety of job-related factors, and whether the employee is performing in those areas at an acceptable or unacceptable level of competence. The evaluati on may also include a plan to develop strengths, identify and improve weak areas, and record the emplo yee's observations o f work assignments during the year. Proper use of the annual employee performance evaluation will serve as a means for identifying work requirements and keeping employees and supervisors informed of them, identifying training needs, helping improve individual performance, recognizing outstanding accomplishments, helping to strengthen employee-supervisor relationships, emphasizing the employee's contribution to the organization's programs, and helping t o identify strengths and weaknesses in the programs. 5-18-4: ANNUAL SUPERVISOR-EMPLOYEE DISCUSSION The supervisor and employee will thor o ughly review the employee's current position description and o ther written assignments to review and clarify job requirements 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 reque st a change to the empl o yee's position description and will submit these changes t o the Employee Relations Department through the department head. The supervisor and employee will then discuss specific job behavior videnc d by the employee during the rating p riod. Th supervisor and employee should also discuss the employee's career development pl ns, special wo rk intere ts, project or ssignments of interest, and particular training interests or ne ds . The mploy 's g ner 1 observations of th d partment's programs nd his ideas about improving assignments, function and w rk procedures hould b p rticul rly encouraged. The employee should hav the opportunity to di cus any other points and may attach comments to the supervisor 's evaluation. The employe will certify by signing and dating th employee performance evalua ion form that (s)he has received the evaluation , that it has b en discuss d with him/her and that (s)he h • received copy o the evalua ion form. 39 • • • • • 5-18-5: DEPARTMENT DIRECTOR REVIEW The department head shall review the written evaluation of each employee in his department, make appropriate comments, and sign the form. Employees shall have the opportunity to review and comment on any department head's comments. 5-18-6: INTERIM EMPLOYEE PERFORMANCE EVALUATION A supervisor, at any time, may prepare dn interim employee performance evaluation to record especially outstanding or inadequate performance. 5-18-7: REVIEW RIGHTS If any employee disagrees with any statement in an evaluation, (s)he may request a review of the evaluation and meeting with by the department head. The employee may attach his written comments to the evaluation form. 40 • I . ( • • CHAPTER 19 TRAINING 5-19-1: GENERAL It shall be the responsibility of the Employee Relations Director, in coope rati o n with department directors, employees and others, to foster and promote programs of employee development and training f o r the city service and in-se rvice training of employees for the purpose of improving the quality of service rendered to the public, and of aiding employees to prepare themselves for advancement in the city service. 5-19-2: IDENTIF~ING AND ASSESSING TRAINING AND DEVELOPMENT NEEDS At the time of the annual supervisory-employee evaluation discussion, the supervisor and employee should discuss areas where training is needed or desirable for improved performance in the employee's present job, o r would be helpful in devel oping additi on al skills for growth into other positions in the city service. The supervisor should include a statement of training needs on the performance evaluation form. Department directors should, though contact with the Employee Relations Director and the public community, keep themselves apprised of training programs that may be of help or interest bo th to themselves and t o their employees, and should nominate employees for appropriate training courses. 5-19-3: ADMINISTRATION OF EMPLO~EE DEVELOPMENT AND TRAINING PROGRAMS The Employee Relations Director shall be responsible for: (a) R commending standards for training programs and programs meeting such standards. (b) As uring that tr ining is car ried out as approved and preparing certi!ic tea nr other forms of recognition to persons wh o satisf ctorily complete approved cour es and progr ms. ting department he ds in developing and conducting training progr m to meet th specific needs of th ir d partments, and in developing ard utilizing other t chniques for increasing employe e !iciency. (d) Developing ard conducting aupe rvisory and man gement tr ining, and n her typ a of training and an gement d vel o pment program• com on to all dep rtm nta. 41 • , I • - ( • • • • • (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 opportunities in order to assist employees in increasing their efficiency in their present positions , and in the City service. (g) Maintaining records of all app roved training programs and courses, and a record of employees who successfully complete such courses and programs. (h) Evaluating the effectiveness of training programs. 42 I • ( • • • CHAPTER 20 RESEARCH AND EXPERIMENTATION 5-20-1: GENERAL The City Manager may establish experimental programs for the purpose of promoting efficiency, productivity and employee morale. The experimental programs may conflict with provisions of the Career Service System administrative procedures, and may be in lieu of those provisions during the program's trial period. {a) Trial Period: In no case shall the trial period extend beyond two (2) years in duration without amending the Career Service administrative procedures by incorporating the new program herein, or by terminating the particular experimental program. {b) Approval: The City Council shall approve by resolution any experimental program before it is implemented. 4 3 I . - ( • • • • • CHAPTER 21 5-21-1: HOURS OF WORK Except as otherwise 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 commencing after midnight Sunday and continuing to and including the following Sunday midnight. The City Manager shall determine the schedules of the various departments and divisions of the City, consistent with the foregoing. Changes in the schedule may be made by the department head or other supervisory employees subject to the City Manager's approval. For employees of the Fire Department assigned to the fire suppression force, the normal work week shall run from midnight Sunday-Monday to the following midnight Sunday-Monday. The City shall determine the schedule for individual members of the fire suppression force which will average (fifty-six or other appropriate number) hours per week as computed over a twelve-month span. 5-21-2: MEAL BREAKS Employees will be allowed a meal break of a duration determined by the department, which period of break shall be unpaid and shall, to the extent possible in consideration of the needs of the service, be scheduled more or less during the middle of the work shift. 5-21-3: OVERTIME In the discretion of the department head or other supervisory personnel, reasonable overti•e •ay be required of employees. Th performance of such overti•e shall be scheduled at the discreti on of the employee's supervisor. I • • • .. CHAPTER 22 RECORDS AND REPORTS 5-22-1: CUSTODY OF PERSONNEL RECORDS The Employee Relations Director is the official custodian of all personnel records and shall be responsible for their safekeeping and retention. For purposes o f this Chapter, "person in interest" means the person who is the sub j ect of a record or a designated or legal representative. 5-22-2: OFFICIAL FORMS AND RECORDS Rec o rds. The official reco rd o f all personnel transa c ti on s shall be ma1ntained in the perso nnel o ff i ce. Any rec o rds o r c o pies o f reco rds that may be maintained i n depar t mental files sha ll not b e co ns i dered t o be a part o f the empl o yee's perso nne l re co rd, or a par t of t he o ff i c i al per so nn e l f il es , unless suc h re co r d is also on file i n the perso nnel o ff ice . 5-22-3: PER SONNEL RECORD S INSPE CT ION Ex c ept those rec o rds exempted b y law, per s onnel re co rds are confi de n tial re co rds ava i lable f o r inspe ctio n o nly by t h e per son in i n te r es t o r wh o i s his s upe rv i s o r. (a) Ins p ection . Public pe r sonnel re co rds may be inspe cted during r egu l a r wo r k hou r s . Con f idential pe r son nel re co r ds may be inspected by a person in interest or persons who supe rv ise his work d u ring regular work hou r s . (b) Copies of Records . Any person desiring a copy of any public record may have such copy furnished for a •per copy fee• to cover the expense of producing such copy, to be determined by the Employee Relations Director . (c) R earch and Creation of Oat • The Employee Rel tiona Offic is not r qulred by the Public Rec rda Law to p rform recorda re e rch and to compile data into records in new form. Space and sist nee will be made avail ble to p rsons wishing to research nd compil d t • (d) Av 11 bility. S ngle recorda re normally i ediately for lnsp ction. If extensive file e rch is necess ry to m ke the request d recorda av ilable, be del yed a reasonable ti e to allow the file se rch take place without undue disruption of public service. av il ble and/or c pylng in paction y nd copying to n rec rda may be atrnyed, excep with Director. 4 5 • • • • .. CHAPTER 23 SEPARATIONS 5-23-1: TYPES OF SEPARATION FROM CITY SERVICE Separations from positions in the City service shall be designated as one of the following types: (a) Resignation. (b) Involuntary resignation. (c) Layoff or reduction in force. (d) Disability, nonduty. (e) Disability, duty. (f) Dismissal. (g) Military service. (h) Retirement. (i) Death. 5-23-2: RESIGNATION Resignation is the separation of an employee by his/her voluntary act. An employee shall normally give at least fourteen (14) calendar days' notice prior to the effective date of resignation. 5-23-3: INVOLUNTARY RESIGNATION Involuntary resignation is the separation of an employee fr o m the service for reasons other than his/her voluntary action and other than those specifically listed above, under conditions which are without prejudice to the empl o yee. Invo luntary resignation may o c c ur in the f o llo wing insta nc e s: (a ) Re j cti o n o f pr o bati on . An emp lo yee wh o i s separated d ur ing th I n iti a l pro bati o nary peri o d be c au se o f in a b i l ity t o s a t i sfa c t o r ily perfo r m th e d u t ies o f t he position shall b e se p arated by involuntary r esignation . (b) Absent without le ve . An employee who fails to return from 1 ave of abs nee o r who fails to r eport to work for a period of three (3) days without authorization m y be sep rated by involunt ry resignation unles the Departm nt Head d termines that good cause exist d f r the unauthorized abs nee . (c) who is , b co ply wi a • nece s ry nvolun ary resignation . ~~~~~~· Any ••ploy who is un ble to p rfor his/h r bility may b aepara ed by involuntary or reduction in force . Any City • ployee may be 46 • I • • • • transferred, demoted, or laid off whenever it becomes necessary by reason of: (1) Reduction of, elimination of, or insufficient funding of positions; (2) Elimination or reduction of the level of function or work activities; (3) Abolishment of positions; (4) Reorganization for purpose of administration or economic efficiency. The order of layoff shall be determined by the City Manager on the basis of the quality and length of service provided by employees in the affected areas. Any employees wh o have not yet achieved permanent or regular status shall be laid off first, regardless of performance. Permanent employees who are laid off have the right to be reemployed in their respective class in inverse order o f layoff, provided that such recall occurs within one (1) year of layoff. The City's obligation to reemploy an employee shall be satisfied if it makes an offer of employment to an employee within a classification for which the employee is qualified. In the event the emplo yee fails to accept the offered empl o yment, the o ffer wil l be deemed as denied and the employee's rights with the City shall in all respects be terminated at that time. 5-23-4: DISABILITY A Departme nt Head wh o has reason to believe that an employee may be physically or mentally impaired to the extent that the empl o yee's job effectiveness i s affected, o r continuance on the job may be a danger to the employee or others , may request that the Employee Relations Director hav e the employee e xamin ed by a physician or other person of medical authority. If such a disability is discoveredto b non job related, the f ollowing action may be taken: If the disability is correctabl , the emplo yee shall b allowed a reasonable sp cified time as determined by the Employe Relations Director to have it corr cted . Such time may b charged to t mporary disability and/o r annual leav , or , if no t mpor ry disability or nnu 1 leave bal nee exists, a leave of absence without p y may be granted. If the ••ployee f ils to t ke step to hav the di ability correct d within this specifl d tim , he employee m y be termin ted fr o • e•pl o yment. 5-23-5: MILITARY SERVICE (a) Any per anent nr probation ry aployee wh o enlists or is inducted into the •illtary , n1val, •1r or oth r araed services of the United States in tim of r sh ll b entitled to 1 l ave of absence without p y tor th dur tlon o such war or until honor bly discharged, wh ch v•r occurs firs , nd or nne (l) year h reafter. (b) Any 4 7 I • • • .. any other component of the military forces of the State, now or hereafter organized or constituted under the State or federal law, or who shall be a member of the reserve forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. (c) Such leave shall not be allowed unless the employee returns to his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. (d) Subject to provisions A, B, and C above, the City shall provide full pay to an employee granted military leave, less whatever wages the employee may have received by the military for such service. 5-23-6: DISMISSAL Dismissals are discharges o r terminations f o r just cause , whi ch shall include, but not be limited to, misconduct, refusal or inability to meet prescribed standards, insubordination, or willful violation of departmental, City, o r Career Service System rules and regulations. Employees who are dismissed shall be paid for all accru d annual leave and other authorized benefits. 5-23-7: RETIREMENT An employee p rating in accordance with pr ovision of any retirement plan applicable to Cit y employees shall be deemed to have retired. Employees pplying for regul r or early retire ent should pply six (6) months prior to there expected effective date of retirement. 5-23-8: DEATH Separation sh 11 be effective as of th date of the employe 's d th . The City, in the case of a de th of an ploree, shall p y to the na d beneficiary, if living; or , i no benet ciary is na ed or th b n ficiary is d ce s d, then sh 11 pay to the present wi e or husband; nd in ease there is no pr s nt wife or hu b nd, hen h child nr children , provid d tha wh n h ch ld n r children b under he of e h en (1 ) ye ra, th p yeen shall b • d to the child 's gu rdlan or as oth rwiae provided by n order ro• a 48 • • • • • • court of competent jurisdiction; and in the event that there is no child or children, then to the father or mother, any wages, terminal leave, traveling expense reimbursement or other monies which may be due the employee at the time of his death. 49 I • • • • •' .. CHAPTER 24 CORRECTIVE AND DISCIPLINARY ACTIONS 5-24-1: GENERAL A department head is responsible for the proper and efficient operation of his/her department and for enforcing all policies and regulations. It is the responsibility of all employees to observe the policie s and regulations necessary for the proper operation of the department in which they work. It is expected that department heads and supervisors will confer, interact with and direct on a regular basis the departmental employees in the day to day operation of their departments. This constitutes normal management process and is neither corrective nor disciplinary action. Corrective or disciplinary action may be imposed upon an employee for conduct or acti ons which interfe re with or prevent the effective and efficient performance of a department's responsibilities. The purpose of such corrective or disciplinary action shall be to effect correction of employee conduct and to be punitive when appropriate. The decision to administer corrective or disciplinary actions shall take into consideration the nature, extent, seri ousness , and effect of the act, error, omission committed; and the type and frequency of previ ous undesirable behavior. 5-24-2: AUTHORITY FOR CORRECTIVE OR DISCIPLINARY ACTION The department head may be authorized by the City Manager to apply such corrective and disciplinary measures as may be appropriate and necessary . In the cases of suspensions , demotions, and dismissals, the department head shall first consult and gain the concurrence of the Employee Relations Director before taking action. This requirement for concurrenc is not int nded to relieve the department h ad of responsibility nor to pr elude the immediate suspensio of ar employee when an em rgency situation o r o ther circumstances make it impractical to obtain prior concurrence. 5-2 4-3: CORRECTIV ACTIONS AND DISCIPLINARY ACTI ONS Corrective Ac lnn are pri~arily intended to corr ct ard improve n mplnyee' Jnb perfnrmanc nd attitudes and are not intend d tn be punitive. ( ) Corrective ction includ oral reprim nds nd wrltt n reprlm nds. (b) Correctiv •ct ons m•y be t ken with regard to mployees who displ y lnablllty to perCnr th lr •sslgned duties, as well as for c us listed ln Section S-24-4 wh en ppropri te. 50 I • • ' • • • • (c) Corrective actions may be administered concurrently with a disciplinary action. Disciplinary Actions are those personnel actions administered against an employee for an offensive act or poor job performance, which actions adversely affect the current pay, current status, or tenure of the employee. (a) Disciplinary action penalties include suspension, demotion, and discharge of an employee. (b) Disciplinary action may be administered concurrently with corrective actions. 5-24-4: REASONS FOR CORRECTIVE OR DISCIPLINARY ACTION Any of the following violations are considered just cause relating to the perf o rmance or other factors as grounds for corrective o r disciplinary action including oral reprimand, written reprimand, suspensi o n, demoti o n, discharge, depending on the seri o usness of the offense and o ther circumstances related to the situati o n. These o ffenses are illustrative and not all-inclusive. (a) Willful neglect in the performance of the duties of the po siti o n t o which the employee is assigned. (b) Disregard for or violation of city ordinances, departmental poli c ies and regulations, including safety rules. (c) Willful mi s use, misappr o priati o n, negligence o r destructi o n o f c ity pr o perty or c o nversi o n of city property t o perso nal use o r gain. (d ) Fre q ue n t t ard in es s o r abs e nc e fr o m duty without pr io r appr o val. (e ) Violation of any r easona b le o r offici a l o r der , r e f usal to c arry out la wful and reasonable di r ections gi ve n by a p r ope r supervisor , or other acts of insubo r dination . (f) Intoxicati n or us of alco holic beve r ages , or abuse of narcotics, drugs or other controlled substanc s while on duty , or rep rting for work wh le und r the influence of alcohol or n rcotic or r stricted sub t nces . do (g) Physical o r mental inc a p cit y. (h) Insubord in t inn (including , b u t not limited to r ef us 1 to signed work). (i) Criminal , di hon st o r o t h r cond uct which interfer s with ef(ective jnb p rfo r m nee o r ha n ad v e r se effect on the fficiency of Ci y a rvice . 51 I • • • • ,. • gain. (j) Violation of privileged information or its use for private (k) Incompetent or unsatisfactory performance of duties. (1) Knowingly giving false statements to supervisors, other officials or the public. (m) Any conduct, on or off duty, that reflects unfavorably on the city as an employer. (n) Membership in any organization which advocates the over-throw of the government of the United States by force or violence. (o) Discovery of a false statement in an application or in any other document used to obtain emplo yment which had not been previously discovered. (p) Acceptance of gratuities to the extent prohibited in Section 5-26-1, et seq. (q) Refusal to be examined by a city physician o r other designated medical authority or when so directed. (r) Political activity violation as outlined in Secti o n 5-26-1, et seq . (s) Refusal to sign the City loyalty oath . (t) Partic i pati on in a strike, as def ined by th City Charter. (u) Unauthorized sleeping on duty. (v ) Possession of unauthoriz d fir rms or other dange r ous weapons while on duty o r in employee locker, desk , etc. (w) Inability to perform assign d duti s due to ( !lure to m et or retain job u lific tion , including but n 1 ~ited to failure to p ss required t sts . (x) Discourt ou , oft n ive , or obusive conduct or 1 nguag to ward other mployees, sup rvisor or th public. (y) Any oth r conduct o r action of such aeriouaness th t disciplin ry ction is consid r ed w rr nted. 52 I • • • • 5-24-5: MEETING WITH EMPLOYEE When information received by the appointing authority or designee indicates the possible need to administer disciplinary or corrective action, (s)he shall meet with the employee involved, present the information that has come to his/her attention, and give the employee an opportunity to admit or present information regarding mitigating circumstances. It is not intended that this meeting constitute a formal hearing but only an opportunity for parties to meet and exchange information. If the employee wishes, (s)he may submit a written explanatory statement to the appointing authority or designee which shall be attached to and kept with a copy of the disciplinary or corrective action. The appointing authority's or designee's determination of the action to be taken shall be based upon the information obtained from the employee and other appropriate sources and upon the circumstances of the case. 5-24-6: ADMINISTERING CORRECTIVE ACTION (a) Oral Corrective Action. Whenever grounds for corrective action exist and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communicate to the employee the supervisor's obse rvation of the problem and offer assistance in correcting the situa tion. When an oral corrective action is given, the supervisor should ensure that the emp oyee's departmental personnel file is documented to show date of the corr ctive action and the natur of the corrective action. The employe should be advised that the corr ctive action will be documented in the employee's departmental file. (b) Written Corr ctive Action. When the supervisor determines that a written correctlve act1on is ppro priate and necessary, the corrective action shall b addressed to the empl o yee nd shall include the violation; th specific behavior and the dates of th behavior (when pproprla e) that support the char9e; the warnin9 that continuance nf this b havinr will result in disciplinary action; and an off r o assistance in correctin9 the behavior. A sign d copy of the corr ctlve ction by the supervisor shall be included in the mployee's o icial p r onnel file in the Employe Relations office, and th employee shall have the oppor- tunity to submi written co ents in response to the cor rective ction to be includ d in the ile. 53 I • • • • .. 5-24-7: ADMINISTERING DISCIPLINARY ACTION (a) Suspensions . The appointing a uth o rity or desig n ee may suspend an empl o yee with or with ou t pay in the foll o wing situations: 1. Investig ati on . Wh enever the appointing authority or designee has reason to believe that an empl o yee may have committed a serious vi o lati o n or offense , but sufficient evidence is not yet available t o make a proper evaluation and dete rm ination of appr o priate final action, the appointing authority or designee may suspend an empl o yee for a period of time determined by the appointing aut ho rity o r designee pending investigati o n. 2 . Disciplinary Acti o n . des i gnee determ1nes that suspensi o n acti o n f o r a vi o lati o n, an empl o yee depend i ng o n the seriousness o f the Whe n an appo inting authority or is a n appr o priate disciplinary may be suspended fr o m duty o ffense. 3. Misdemea no r o r Fe lo n~. When an empl o yee has been charged with a c rime class i fied as a misdemean o r or felony , the appoi nting auth o r i ty o r des i gnee shall review the nature of the empl o yee's offense; make a determination of the impact o f the crime o n the ability o f the empl o yee t o properly perform the duties of his/her positi o n in a satisfacto ry manner or if the offense reflects unfavorably on the City . 4. Emergenc¥ Susrension. If a situation exists which make s immediate suspens1 o n o an empl o yee necessary before concurrence can be o btained, to perserve the health and safety of the emplo yee o r o thers or to c o ntinue vital services t o the public, o r t o c o ntinue a c ity function without serious disruption, a superviso r may make such an immediate suspension . Any such emergen c y sus pen s i o n must be repo rted t o the appointing auth o rity o r des i gne e fo r co n c urrence at the e arliest possible time . 5 . No t ic e of S uspe n sion. On o r befo re the e ff ec t i v e date o f t he suspe nsio n, th e s up e rviso r will pr o vide th e e mp lo yee wi th a written statemen t setting f o rt h t h e r e a so n s f o r t he suspension , the ff cti v e dates of the susp nsion and the date t he employee should r turn to work. Th st tement s h all include the ch rge; th p cific b h vior that supports the charge; the warning that continu nee of this beh vior will r esult in mo r e seve r disciplinary action; nd an offer of ssis t nee in c rr ect i ng t he behavio r. 6 . D motion . The ppoin ing autho r it y o r d signee m y that dem tion of an employe to a po i t ion in a lo r p y is a proper ac ion to corr ct situ tion . I n such a ca e , ppointing author ty or d 1 n e shall u r nish the mploy with m nt of th reason for such action nd t he effec t i v e d te . h 11 set or h the re sons for the p r oposed demotinn1 54 • I • • • • • previous warnings, if any, and counseling and attempts to correct the problem if applicable. 7. Discharge. An employee may be discharged when reasonable attempts at corrective action have been ineffectual, or when the seriousness of and the circumstances surrounding the offense leave discharge as the appropriate action. A discharge shall be effective after the appointing authority or designee has presented the employee with the reasons for the discharge in writing with a summary of the employee's actions which support the reasons for the discharge. 55 I • • • • .. CHAPTER 25 CONFERENCES, COMPLAINTS AND APPEALS 5-25-1: GENERAL It is a mutual obligation on the part of administrative, supervisory and nonsupervisory employees o f the City of Englewood to provide efficient and continuous service to the citizens of the city. Free discussion between employee and supervisor will lead t o a better understanding by both parties as to policies, practices and procedures which affect all employees. This will tend to identify and eliminate conditions which may cause misunderstanding. 5-25-2: POLICY Complaints, conferences and appeals constitute channels of communication, informing top management of employment concerns which employees feel strongly.This type o f pr o cedure, used constructively, is to the city's advantage. Every c o nference, c o mplaint, and appeal will be received, heard and c o nsidered seri o usly and, to the extent possible, will be utilized t o impro ve mutual understanding and relationships, and to define the pr o blem that l i es behind the situati o n, and t o consider what c o nstructive steps can be taken t o solve it. The basic objective is the achieveme n t o f sound and fai r settlement of the pr o blem. 5-25-3: CONFERENCE A c o nference is a statemen t o f empl o ye e d is s at i sfacti o n abo ut s o me action, (exclusive o f adverse a ctio ns) ev e n t o r co nditi o n in the wo rk environment which the empl o y ee f e e l s i t i s necessary t o make kn o wn t o h i s superviso r. Emp lo y ees s h o u ld use g ood j udgmen t in requesting a c o nference wi t h a s up e rv iso r. Superviso r s s h o ul d be o pe n t o confe r ence re q uests and are e nco ur a ge d t o str uct ur e pr ocedure which will facilitate presentation of re a son ab le conce r ns of employees . Resonableness shall b the guide for all concerned . 5-25-4 : CONTRACT GRIEVANCE Those employ es covered by a collectiv ly bargained contract may file a grievanc on the subj ct matte r covered by the contract and pursuant to the grie v ance procedure contained in the contract. Those subjects grie v ble unde r a collective b rg ined contract may not be th subject of th se regulations compl in proc du r e , e v en t h ough these regulations would otherwi e permit such a complaint . 56 • I • • -• • • 5-25-5: COMPLAINTS An awareness of the underlying cause of complaints and prompt resolution of these causes is advisable for effective, harmonious employee relations and effective performance of an organization . The procedure below has been established to effect this purpose. 5-25-6: COMPLAINT RESOLUTION PROCEDURE Those employees not covered by a collectively bargained contract may file a complaint alleging a violation, misinterpreta- tion, or misapplication of the resolution under which they are employed or of these ordinances or city or departmental written rules. Merit appeals are covered by 5-25-8 and not included hereunder . (a) General Provisions. All full-time, permanent, non- bargaining unit city employees have the right to use the complaint procedure. Complaints shall be settled equitably, fairly and promptly. Complaint procedures shall not apply to disciplinary suspensions, disciplinary demoti ons , dismissal o r reassignment with o ut reducti on in pay. It is intended that the complaint procedure provide a more informal and expeditious manner of resolving disputes. Formal complaint procedures may be recorded by other methods at the discretion of the City Manager. party-in-interest may request and, upon payment for, of minutes or recorded transcript. machine or Any obtain a copy At the last step in the presentati on of his complaint, the employee may have any person of his/her choice represent him/her. An employee and his/her representative shall be allowed appropriate time off from regular duties with pay for attendance at scheduled meetings und r the complaint procedure with the specific permission of their respective supervisors . If the employee fails to ubmit his/h r compl int to th next higher step within the prescribed time limits, it h 11 be a sumed th t the complaint h s been s tisfi d. Should a d cision not b rendered within the pr scrib d time limits, th employe may immediately appeal to the next st p. Nothing in th compl int procedur h 11 b con tru d to pr v nt d scusaion o r me tings t cl rify facta in th c s or resolv the compl int. 5-25-7: COMPLAINT R SOLUTION PROCEDURE Informal Re olution. 57 I • • • .. STEP I. Within seven (7) days after its occurrence, or the date on which the employee should have become aware of it, the employee shall discuss his/her complaint with his/her immediate supervisor. If the supervisor is unable to resolve the problem, he shall refer the employee to the management person at the lowest level capable of providing relief. The complaint shall be discussed verbally and, if settled, no further acti o n is necessary. Formal Resolution. STEP II. If the complaint is not resolved on an informal discussion basis, the complaint shall be reduced to writing and signed by the employee and submitted to the immediate supervisor. Employees should explain in writing the nature of the dispute (including the provisions of the ordinance or resolution applicable), what attempts the employee took to resolve the dispute, and the requested remedy. The immediate supervisor shall meet with the employee and investigate the complaint and provide a written response to the emplo yee within ten (10) working days of the date o f submission. If unable to provide relief, he shall forward the complaint to the department head. STEP III. With five (5) working days from receipt of the supervisor's written response, the employee, unless satisfied with the superviso r's response, shall submit the complaint in wr iting t o the appropriate department head . The d epartment head or designee shall promptly meet and discuss the co mplaint with the employee and additionally, investigate the complaint . The depa rtment head or designee shall submit a written answer to the employee within ten (10) working days of complaint receipt unless a longer period is mutually agreed upon, anq shall render a written decision stating the reasons f or the decision. STEP IV . If the complaint is not settled at the depa rtment head level , the employee, within five (5) wo rk ing days from receipt of the department head's answer, shall submit the complaint in writing to the City Manager. The City Manager or designee may conduct an investigation and hold an informal hearing to secure additional information (s)he b lieves necessary if deemed appropri t and shall provide n answer to th employ e within t n (10) working day unless a longer period is mutually agreed upon. The C ty M n ger o r d ignee sh 11 ubmit a writt n answer to the employ which shall t t the probl m, th applicabl policy or regul tion and th reasons for applying the policy and the decision. The answer shall be final and the complaint shall be consider d resolv d. A copy of th City Manag r'a det rmination sh 11 be provided to the employee, his/her supervisor , department head and Director of Employe Rel tiona. If the dispute is r solved at any e rlier step in the r solution procedure, a written st t ment to th t ef ect should b e nd s gned by the employ e and pre ent d to the employee's dep rtm nt head. A copy of th resolved dispute shall also be provided to he Director of Employee Relations. 58 I • • • MERIT APPEALS 5-25-8: MATTERS OF APPEAL Because of the importance of certain subjects covered by this merit system, there is provided an additional channel of appeal to the Career Service Board. Any full-time permanent classified employee may appeal to the Board to determine only whether there was proper application of these merit system principles with respect to: (a) whether an employee was selected or advanced on the basis of his/her relative ability, knowledge and skills or (b) whether the employee's job has been properly classified in the established classification plan of this merit system. The Board is without jurisdiction t o hear or determine any employment discrimination complaints. Any allegations of employment discrimination shall be made to the Employee Relations Director within ten (10) days of its occurrence. The City Manager or designee shall hear the matter at Step IV of the complaint procedure. 5-25-9: MERIT APPEAL PROCEDURE A merit appeal must be made in writing within five (5) days of the selection, advancement, o r classificati o n decision and filed with the Employee Relati o ns Directo r. Within ten (10) days of filing a merit appeal, the employee shall review and discuss it with the Empl o yee Re l at io ns Director or designee to info rmally res o lve the appeal. If re sol ved, it shall be reduced to writing and s igned by the appel l a n t. If the appeal is no t reso lved by the Empl o yee Relati o ns Director, the employee, within ten (10) day s o f th e Empl o yee Relati o ns Directo r's de c isi o n, may appeal in wr i tin g t o t he Bo ar d . The appeal sha l l expla i n the natur e o f the disput e (i n clud ing applicable o rd i nan c e pro vi sions ) wha t attemp ts t he em p loyee took to reso lve the appe a l a nd th e r eques t e d rem ed y . The Board shall set the appeal for he ring within thirty (30) days of its receipt . The Board shall first determine wh th r the subject matte r of the appeal is within th t permitted by Charte r and thes r gulations . Any record belo w hall be a part of the reco r d befor t h Board or hea r ing officer . Th h aring held by the Bo ard sh a ll be funda mentall y fair and comply at least with that p r ocess established in '69 E .M.C. 1-7-7 . Within t w nt y (20) day afte r the conclu ion of th he ar in g, t h Board sh 11 i su i ts d cislon . Upon r evi w, t h e h ar ing officer or Board sh 11 hold th action belo w to be p r oper pplica- tion of the r elevant o r dinances unless it determines: 59 I • • • • • (1) there was misapplication of existing merit system regulations governing the action of selection or advancement on the basis of the employee's relative ability, skills, and knowledge, or there was misapplication of existing merit system regulations g o verning job classification; (2) In the exercise of any professional judgment, the Employee Relations Director abused his discretion. The Board shall forward to City Council its decisi o n which shall state the problem, the applicable policy or regulation, the reasons for applying the policy and the decision of whether the regulations were properly applied. The Council pr o mptly shall f o rward the decisi on t o City administration with appr o priate remedial instructi o ns. DISCIPLINARY APPEALS 5-25-10: SUBJECT MATTER OF APPEAL A full-time, permanent, classified employee may appeal t o the Bo ar d t o review his disciplinary suspensi o n, disciplinary dem o ti o n o r dis c iplinary discharge. The Board shall hear the employe e 's d i sc i plinary appeal with respect to only whether his s u s pens io n, dem o ti o n, o r discharge was f o r cause which relates t o the perfo rmance o f duties, personal conduct, o r any o ther fact o r detrimenta l t o th e City and/or any other j ust and rea so nab l e ca use. 5-2 5-11 : APPEAL PROCEDURES (1 ) Noti ce o f adver s e action. Co ncurr en t l y, o r in a dva nc e of a c t io n to s u spend, dem o te o r dismi ss an e mp l o y ee , an appo int i ng a utho r it y sh a ll no tify an empl o yee o f t he a ction being ta ke n, th e r easons for t h e ac t ion s t a ted in sufficient de t ail fo r unde r s t anding , the em p lo y ee 's right o f appeal , and the manner in wh ic h t he appeal may be ini t iated . Failure o f the appointing authority to give timely notice shall have the effect of delaying the action until proper notice is given but shall not invalidate the action. (2) Time limit for appeal . The appeal by a n mployee shall be made within seven (7) working days after rec ipt of the notice of adv rse action or of the occurr nee of the event giving rise to the appeal . (3) Method of filin~ apteal . Appeal shall be made by filing a written request for aear ng . Such requ st shall b filed with the Car r Service Boa r d secretary within the pre cribed tim limit. (4) h 11 sch dule long r time is 60 • I • • • • '. • the availability of Board members or Hearing Officer, the availabil- ity of the parties, the complexities of the specific case, and the workload of the Board. The Bo ard or Hearing Officer shall issue its decision within 20 days of the c o nclusion of the hearing. (5) Postponements. Postponements may be granted only for good cause. Scheduling of cases will initially attempt to accommodate the needs of both parties in arranging their schedules and making adequate preparation. Postponement beyond the scheduled date will only be in recognition of unforeseen and unavoidable circumstances. (6) Subpoenas. Subpoenas for attendance at hearings may be issued upon request of the parties. The request for a subpoena must contain the names and addresses of those to be subpoenaed and the reason for the necessity o f such a subpoena. Requests for subpoenas and for production of any books, records or papers pertinent to the hearing shall be made to the City Employee Relations office at least ten (10) days prior to the hearing date and must be served at least two (2} days prior to hearing. The Board chairman or hearing officer shall issue subpoenas. The Municipal Court shall enforce supoenas by compelling attendance. (7} Representation. Any party or person appealing t o the Board shall have the right to be accompanied, represented or advised by an attorney. Any designated attorney should file a notice of representation with the Employee Relations office as soon as possible after being so designated. 5-25-12: CAREER SERVICE BOARD (1) Hearings before the Career Service Board shall be conducted informally and generally in accordance with the CRS 1973, 24-4-105, and shall not be bound by formal court procedures. (2) The Career Service Board o r its hearing officer shall have the power to: a. Adm inister oaths and affirmations; b . Issue sub p oenaes for attenda nce and compel the production of books, records and papers; c. Rule upon offers of proof and rec ive relevant evidence; d. Call and question witnesses; e. R gulate the course of th hearing; f. Hold conferences for the s ttlement or simplific tion of th i sues by consent of the p rties; 9· Dispose of procedur•l reque ts or similar matters; and h. Make final decisions ubject to judici•l review. 61 • I • • • • • • (3) Each party shall have the right to present his/her case by oral and/or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. No ex parte material or representa- tion of any kind shall be received or considered by the Board or hearing officer. Each party is entitled to an impartial Board or hearing officer. (4) A hearing may proceed in the absence of the appointing authority. If the appellant, after due notice, fails to be present, or fails to obtain an adjournment, and within five (5) days does not provide good cause therefor to the Board, the appointing authority's action shall be presumed to be valid. (5) The Career Service Board may grant continuances or adjourn the hearing from time to time upon its own motion, upon joint request of the parties, or upon the request of one (1) party for good cause shown. (6) A party who does not testify in his/her own behalf may be called and examined by the adverse party or the Board as if under cross-examination. (7) Board members must be present when the Board is called to order and must be present thr oughou t the whole pro ceeding in order to take part in any of the proceeding, including deliberations and the final vote. Any Board member not present throughout the whole proceeding may take part in the proceeding's final vote if (s)he has read the transcript or listened to the recording of the proceeding from which (s)he was absent prior t o taking part in said delibera-and vote. (8) Each decision shall include a at ate•ent of findings and conclusions upon all the material issues o f fact, ordinance, or discretion presented by the record and the appr o priate rule, sanction, relief or denial thereo f. (9) Hearing offic r's decision may be appealed within ten (1 0 ) days to the Board for rev iew pursuant to Section 5-3-J(d)-(h). (10) E ch decision shall be served on each party by personal service or by mailing by first-class mail to the last address furnished the Board by such party and shall be effective as to such p rty on the date mailed or such later date as is stated in the dec 1a ion. 62 I • • • • • CHAPTER 26 5-26-1: CONDUCT OF EMPLOYEES Code of Conduct. Employees of the City of Englewood government are employed t o prov i de service to the citizenry of Englewood and the public in general and are expected to conduct themselves in a manner that will reflect credit on the City government, publ ic officials, fellow employees and themselves. All employees must avoid any action which might result in or create the impression of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting public business. For purposes of this chapter, all elected officials and members of boards and commissions are public officials and not employees. 5-26-2: POLITICAL ACTIVIT~ All employees are entitled to exercise their rights as citizens to express their opinions on all political subjects and candidates, to vote as they choose, to hold membership in and support a political party, t o maintain political neutrality, to attend political meetings, and be a candidate for political party office. Classified employees and those unclassified employees in exempted positions may not: (1) Hold political offi ce. Any employee becoming a candidate for election to any partisan political public office shall take a leave of absence from his position. Any employee appointed to fill a vacancy in an elective or appointive office of Englewood City government may be placed on leave o f absence from his/her position for the durati on of the appointment. (2) Participate in the management, affairs or political campaign of any candidate for political office during work hours. (3} Solicit any assessments, contributions or services for any political party during w rk hours. (4 } Use of ici 1 authority or influence for the purpose of interfering with or aff cting the r sult of an 1 ction or nomination for o!!ic • An employe occupying a position funded in whole or in part by f deral moni s shall be subject to th Federal Hatch Act except when th t Act Is in conflict wit h this section, in which case the more stringent shall apply. 5-26-3: OUTSIDE EHPLO~MENT (1) City e ploy ent shall b conside red the primary eaployment1 and no employee may engage in outside employment which in any manner in r rea with proper and effective job performance, 3 I • • • - results in a conflict of interest or which may subject City government to public criticism or embarrassment. A maximum number of hours weekly of outside employment may be established by the City Manager and such may vary among departments. (2) An employee is prohibited from performing an act, in other than one's capacity as a City employee which may later be subject, directly or indirectly, to control, inspection, review or audit by such employee or by the City Department in which the employee is employed, unless specifically approved by the City Manager. (3) An employee is prohibited from transacting business with the City or any of its agencies in the course of his/her secondary employment or business. (4) Approval to engage in outside employment must be obtained in writing from the employee's department head. If the specific conditions of the outside employment change, a new request for approval must be submitted. Failure to secure required approval may cause an employee to be suspended or discharged. Approval will at all times be subject to review and cancellation. (5) Disapproval of a request or cancellation of an existing approval may be appealed to the City Manager. 5-26-4: GIFTS AND GRATUI'riES (1) No employee shall solicit or accept any gift, gratuity, favor, entertainment, loan or any other item of monetary value from any organization, business firm or person who has or is seeking to obtain business with the City of Englewood government or from any organization, business firm or individual whose interests may be affected by the employee's perf or mance or nonperformance of official duties. This restriction is not intended to prohibit employees from obtaining loans from licensed lending institutions. Should an employee receive any gift or gratuity or other thing of value under this section which practically cannot be returned, it shall immediately be turned over to the City and become City property. (2) Ace ptanc of nomin 1 gift in keeping with special occasions, such s m rriage, retirement or illn ss; food and refreshments in the ordinary c~urse of business meetings; unsolicited adv rti in r prom tion 1 m terial, e.g., p n , notep ds, cal nd rs, etc., or ocial court sies wh ich promote good public relations is p r itted. (3) Contributions mad for flower funds or special gifts for fellow employees are not prohibited. However, p rticipation in such activities, including contributions for even nominal gifts to sup rvisors, must be wholly voluntary on the part of each employee and any gifts should be of minimal value. 4 I • • • • • • (4) Supervisors, in ad dition, must avoi d plac ing themselves in a position which could interfere wit h , or c reate the impression of interfering with, the objective evaluation and directi o n of their subordinates. No supervisor shall borrow money or accept favors from subordinates. {5) Inspect or s, contracting officers and enforcement officers must be particularly careful t o guard against relationships which might be construed a s evidence of favoritism, coercion, unfair advantage or collusion. {6) This Section does not preclude: a. Receipt of awards f or meritorio us public co ntribution given by a nonprofit organization; or b. Receipt of honor aria o r expenses paid for papers, talks, demonstrations, or appearances made by employees with the approval of the appointing auth o rity, o r on their own time for which they are not pr ohi bited by this Code. (7) Receipt of items which may benefit a department, such as capital items, should be received by the City Council as pr o vided for in Section 80 of the City Charter • 5-26-5: CO NFL IC T OF INTERE ST (1) No public officer or employe shall solicit o r accept anything of value t o the re cipien t, including a gift, loan, reward, pr o mise of future employme~t , favor o r s rvice: a. That would cause a reasonably prudent person to be influenced in the discharge of official duties; b. That is based up n any understanding that the vote, o fficial action or judgment of the public o fficer, employ • o r candidate would be influenced thereby. (2) No pub lic officer or employee, or his/her spouse or minor child shall, at any tim , accept any comp ns tlon, payment or thin9 of valu whe n such public officer or employee knows or , with the ex rcis of reason ble care, hould know that it was given to influ nc a vote or oth r act on in wh ch the officer or employee was expected to participate in his/her official capacity. (3) No mpl oye shall corruptly use or attempt to use his/her offici al position or any pr o perty or re ourc which may be within his/her trust, or perform his/her official du lea, to secure a pecial privilege, b nefit or exemption or himself/herself or o thers. 5 I • • f • • .. (4) No employee shall hav e or hold any employment or contractual relationship (per so nal services) with any business entity or any agency which is s ub j ect to the regulation of, or doing business with, the City o f Eng le woo d, exclud i ng those organizations and their officers, wh o , whe n a c ting ·in their official c~pacity, enter in or negotiate a c o llect i ve bargaining contract with the City of Englewood; nor shall an emplo yee have o r hold any employment or contractual relationship that will create a conflict between his/her private interests and the perf o rmance of his/her public duties or that would impede the full and faithful discharge of his/her public duties. (5) No employee shall disclose or use information not available to members o f the g en e ral public and gained by reas o n of his/her official positi o n or benefit o r for the personal gain or benefit of any other pers o n o r bus i nes s entity. (6) It is no t the int e nt o f this secti o n, nor shall it be c o nstrued, to preve n t any empl o yee o f the City o f Englewo od from accepting o ther empl o ym e nt o r f o l lo wing any pursu i t which d o es no t interfere with th e fu ll and f ai thf u l di sc harge o f such empl o yee o f his/her duties t o th e City. (7) The f o reg oin g pr o visi ons sha l l be c o nstrued to be c o nsistent with state law r e garding co nflict o f interest • Notwithstanding anything her ei n t o the c o ntrary, employees are bo und by all state laws respect i ng co n f lict o f interest, i ncluding, but n o t limited t o , any requ i r e d disc l o sure o f fi n ancial interests. 5-26 -6 : BU S INE SS ACTIV I TIES AND S OLICITATION No empl o yee shall engag e in any business o r s o licitati o n o ther than hi s /her regular duti e s during wo rking h o urs, including s uch a c tivities as s ell i ng to fello w em p lo ye es , l end i n g o f mo ney f o r pro f i t, e t c . 5-2 6 -7: PRI VILEGED I NF ORMATI ON Employees m y de 1 with plans , programs and info r ma tion of significant public int r st. Employees must not use thi privileged information for their o wn financial advant ge or to pro v ide any other person with financial dv nt ge , or with info r mation which could b used for financial adv nt ge. [f an mp loy find that he/she has an out id fin ncial inter st which could b a ffect d by City plans or activities , he/she must i mmediatel y r e po r t th e situation to his/her supervi or . Each employee i ch r ged with the respon ibility of nsurln th he/ h r ele e only in f o rm tion t h a t h /she h uthority nd responsib lity t r ele s nd that should be m de available o he en r l public . Violation of pr ivileged information or us for priv e gain i just cause for dismissal. Thl s ctlon h 11 no b cons ru d o be ln conflict with the State Public ecords Ac • • I • -• • .. • 5-26-8: FAMILY EMPLOYMENT RESTRICTIONS No member of the immediate family of an employee may be employed, promoted, demoted or transferred on a permanent part-time, or temporary basis, to a position where that relative would be supervised by or supervising, influenced by or influencing, the activities of that employee. "Immediate family" is defined as blood, marital or step relative, including father, mother, son, daughter, brother, sister, uncle, aunt, first c o usin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, or any ward of an employee living within the same household. 5-26-9: UNLAWFUL ACTS PROHIBITED Any employee of the City of Englewood who knowing'ly violates any of the provisions of this section shall be subject to dismissal from his/her position in the City service. Violation of any of the provisions of this section shall be considered to be just cause for dismissal from employment with the City of Englewood. (1) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification or appointment made under any provisions of these rules and regulations or in any manner commit or attempt to commit any fraud preventing the impartial execution of these rules. (2) No person shall, directly or indirectly, give, render, pay, offer , solicit or accept any money, service or other valuable consideration for any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position with the City of Englewood government. (3) No employe shall defeat, deceive or obstruct any person in their right to examination, eligibility , certification or appointment under these procedur s, or furnish to any person any special or confidential info rmation for the purpose of affecting the rights or prospect of any perso n with respect to mployment in the City s rvice. S-26-10: LOYALTY OATH All p r ons who no w o r here fter are employed by the City hall be r quired to take the City loyalty oath. Pen lty for r fusing may includ , but i no t limited t o , the 1M ediate discharge ot said person. 7 I • • • • 5-26-11: USE OF CITY PROPERTY No employee shall misuse City time, facilities, equipment, or supplies for private gain. It is the duty of every employee to reasonably protect and conserve all City property entrusted to him/her . 8 • I . • • ,. • Section 2. SAVINGS AND REPEAL CLAUSES. If any provision of the Career Service System rules and regulations or order thereunder, or the application of such provision to any person or circumstance shall be held invalid , the remainder of the Career Service System rules and regulations or order to any person or circumstance, other than those to which it is held invalid, shall not be affected thereby. All laws or parts of laws and rules in conflict with the provisions of these rules and regulations are hereby repealed, insofar as the same conflict with the provisions of these rules and regulations. All state and federal laws that are in conflict with these provisions and which preempt these provisions by mandato ry application to local empl o yees shall repeal these pr o visions t o the extent they are applicable. Section 3. That '69 E.M.C. 5 -1-1 is amended to read as follows: 5-1-1: LABOR RELATI ONS DUTIES OF THE BOARD The Englewood Career Service Board created by Section 5-11-4 (d) (hereinafter the "B o ard") s ha ll have the following labor relations duties and powers: (a) To grant exclusive recognition to an employee organizati o n to represent full-time classified employees of an appropriate bargaining unit f o r purposes of collective bargaining. (b) Pursuant t o Secti o n 137:6 of the City Charter, to conduc t hearings and i s sue findings of fact and rec o mm e ndations for reso lutio n o f mandat o ry subjects o f bargaining upo n which the parties ar e at impasse. (c) To ac t as the final auth o rity with respec t to approving i nclus ions in and e xc lu sions fr o m appr o priate empl o yee bargaining u n its . (d) To supervise elections fo r selection o r r eten t ion o f certified empl yee organizations nd to c rtify the results o f s u c h elections. (e) To h for selection or petitions for cl b ar gaining unit. r nd decide contested matt r s involving p ti t ions r t ntion of a c rt i fied emplo yee o r g niza ti o n and r ifle tion or mendment o f an e x isting ppr o priat e (f) To he r and d te r mine whethe r a ny pr oposal o r d e m nd is a mandatory subject fo r barg lning within t he me ning of Sec ti on 1 37 .5(a) of the City Ch rter . (g) To hear and d te r mine grle v nee a p peals fo r any f ul l -ti me clasai led employe who e posi ion falls within n app r opr ia t e b ar gaining unit fo r any m ter which is a alleged v iol tion o f the applicable collective b rgaln ng aq r eement . ither the oard n r Hearing 0 fleer shall have the w r n r author! y o add to , subtract fr •• nr edify ny of th t r a o the applicable 69 I • • • • • c o llective bargaining agreement. (h) To appoint a Hearing Officer (with demonstrable ability in labor and emplo yee relati o ns) to make findings and rec o mmendations t o the Board for its fi n al approval with respect to grievance appeals, and any hearing or pre-election conference as may be directed by Ordinance with respect to petitions for selection or retention of a certified employee organization or a petition for clarificati o n or amendment of an existing appropriate bargaining unit. ( i) authorized parties to Ordinance, To effectuate the foregoing Ordinance by making decisions above, but the Board is not authorized t o order any take any acti o n no t spec i fically required by Charter, o r Co llective Barga i ni n g Agreement. Section 4. That '69 E.M.C. 5-1-2, 5-1 -3, 5-1-4, 5-1-5, 5-1-6, 5-l-7, S-1-8, 5-1-9, 5-1-10, 5-3-1 , 5-3-3, and 5-3-6 are repealed. Section 5. Title IV '69 E.M.C. is amended by the addition of a new Chapter V to read: 4-5 -1: ELECTION OF CAREER S EHVICE BOARD MEMBERS The f o llowing procedures shall apply for the full-time permanent classified empl o yees election o f tw o members t o the Board of Career Service Commissioners: (a) Candidates f o r the Bo ard of Career Service Commissioners shall be nominated by petiti o n s on f o rms s upplied by the Director of Finance, ex o ffici o Ci ty Cl erk -T r e asur e r. A petition o f no mination s h a ll c o ntain th e name a nd ad d r ess o f onl y one (1) c andidate. (b) No minati o n petiti o n s may be c irc ulated and signed beginning o n the 35 t h day and e nding o n th 1 5th day pri o r to e lecti o n. Each petit io n s hall be s igned by a t lea s t twe n ty-f i ve (25 ) ful l-t i me perma ne nt c la s sif ied City em pl o ye s . (c) Each nomination petition shall be filed with the Director of Finane no later than the 15 t h day prior to the day of election . Every such petition sh 11 be endorsed thereon the written affidavit of the c ndidate, accepting such nomination. The acceptance of nomin tion shall cont in the full n e and place of residence of the candidate. (d) The City 1 ctinn Commission , t least ten (10) day before such elect on , sh 11 give written not ce of the election, st ing the date th r nf, ea ablhhing polling place nr places, 11" all locations co!"venien to said City employees , nd listing the ~ mea of those c ndldates whose nominations have b en certified by th Director of Finance. (e) The City lect nn Co~ is ion sh 11 be guided in the conduct of laid el c on by the g ner 1 rul 1 ot election and sutfr ge as contained n th Cnlnr do t utea, aa en d, ina far • tner provide guldel nes tor th pr ntln ballots, the lect on of ob1erv ra, procedure, countln b llo • ~d report ng 70 I • • • • results. The Election Commission is hereby charged with ensuring the purity of elections. (f) The Director of Employee Relations shall provide to the Election Commission a list of names, in alphabetical order and their departments, of all employees who are eligible to vote. Such list shall be provided not later than fifteen (15) calendar days prior to the date of election. (g) Absentee ballots or balloting by mail may be used if the Election Commission finds employees whose official duties for the city prevent them from being present at a polling place or who may be on authorized leave of absence or vacation. (h) The nominee receiving the highest plurality of votes shall serve for a term of four (4) years. In the event two (2) vacancies are to be filled, the nominee receiving the next highest plurality shall serve for a term of three (3) years. (i) When an election in which the ballot provides for three (3) or more choices results in a tie vote for either of the top tw o (2) positions, a runoff election shall be conducted within fifteen (15) calendar days of the initial election. The Election Commission may, in its discretion, maintain the same eligibility list of employees as certified by the Director of Employee Relations. 4-5 -2: RECALL OF CAREER SERVICE BOARD MEMBERS Those full-time perma~ent classified employees may r ecall either of the t wo (2) members elected by them in th follo wi ng manner: To remove an elected Board member from office, petition shall be circulated requesting the recall of said member . Said petition, wh n signed by full-tim permanent claasif ed employee equal to tw nty-five per cent (25 ) of the numb r of all full-time p rman nt classified employ es voting at the ~ext previous election, shall b filed with the City El cti n Co iss o~, will set a d te for a r call election to be held with n thir y-f (35) calend r day follow ng the filing of th p tlt1 elected So rd m mb r to be rec lled may either r••l r t 1 h the Election Co mi sio~ a notice of his l~tent cardld ta n the recall election. Other cand dat s f r eld by th elected off car to be r called h 11 ua n as prescrib d by Sectio~ 4-5-1 of th s Title. the highest ~u ber o votes i the elect of the office. The successful c nd da e who•• r c 11 is re uested, he shall explra inn of his term: l the succ han the rec llad m b r, he h 11 the of lea. ul ve 4-5 -3: IMPI.. 71 • o her • • • • Section 6. That '69 E.M.C. 5-3-2 is renumbered 5-3-1; '69 E.M.C. 5-3-4 Is renumbered 5-3-2; '69 E.M.C. 5-3-5 is renumbered 5-3-3. Introduced, read in full, and passed on first reading on the 22nd day of February, 1983. Published as a Bill for an Ordinance on the 2nd day of March, 198 3. Read by title and passed on final reading on the 14th day of March, 198 3. Published by title as Ordinance No. _______ , Series of 1983, on the 16th day of March, 1983. Attest: Eugene L. Otis, Mayor ex offic io City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee 72 I . ORDINANCE NO. ~~ SERIES OF 1983 • • .. BY AUTHORITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE IMPLEMENTING SECTION 138 OF ARTICLE XV OF THE ENGLEWOOD HOME RULE CHARTER BY ENACTING THE CAREER SERVICE SYSTEM OF THE CITY OF ENGLEWOOD AND MAKING CONFORMING AMENDMENTS. WHEREAS, the voters of the City of Englewood amended the Englewood City Charter by adding Arti c le XV, the Englewood Labor Relations and Career Service System-1981; and WHEREAS, said Charter amendment creates a dual employment system within the City of Englewood authorizing the City to bargain collectively with certain employees' organizations and establishing a Career Service System based on merit principles for all full-time classified employees of the City of Englewood; and WHEREAS, the Charter places the authority for administration o f the City employment system upo n the City Manager, who is the ch i ef executive officer and head of the administrative service and appo inting a u thority, and the City Council is empowered to enact o rd i nances implementing the employment system of the City of Englewo od; and WHEREAS, the Englewo o d City Council has previously enacted o rd i nances implementing the Labo r Relations Secti o n of Article XV of the Charter; and WHEREA S , the City Manager has prepared and forwarded to the City Co uncil this proposed Career Service System based on merit prin c ipl es t o a pp l y t o all full -time cla s sified e mpl o ye es ; an d WH ERE AS , t he Ci ty Co uncil s ubmitt ed t he p ropos e d Ca r ee r Service System Ordinance to t he Bo ard of Career Se r vice Commission rs which has held a publ ic hearing on the propoaed o rdinanc and has for warded reco mmendations to City Council, which reco mmendati ons City Council has duly considered and acted upon; and WHEREAS, it is the r sponsibilit y of City Council to dete r - min nd enact appropriate o r dinanc s d scribing nd defining th Car r S rvice System cr at d by Section 138 of Article XV of t h e Chart r; and WH EREAS, it is th intent of City Council, in enacting the C reer Service System , to implement Section 138 ot Article XV of the Charter by enacting Career Service S y atem baaed on merit principles providing, flexibility to m n gement in adminiatering e ployment functions ot the City in accordance with Charter principles and providing !airneaa and conaiatency to e ploy ea overned by a id Syatem; • I • • • • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Title V of the 1969 Englewood Municipal Code is amended by the addition of a Career Service System thereto to read: 2 I . ( • • • .. CHAPTER ll 5-ll-l: GENERAL PROVISIONS COVERAGE These procedures shall apply to all full-time classified employees of the City of Englewood (hereinafter the "City"). These procedures shall serve as a guide to the administration of the Career Service System of the City in keeping with basic merit principles. These procedures are not all-inclusive; final dis- cretion as to interpretation and appropriate course of action concerning a particular personnel matter shall be that of the City Manager or designee, unless specifically otherwise provided herein. These procedures do not apply to bargaining unit employees when a bargained contract addresses the subject matter covered by these regulations. 5-11-2: CLASSIFIED SERVICE All full-time classified positions that are included within the Career Service System. 5-11-3: UNCLASSIFIED SERVICE a) Any elected official or person appointed to fill a vacant elected position; b) Board or Commission member; c) Judge; d) City Manager and employees of the City Manager's office; e) Department Heads; f) City Attorney, employees of the City Attorney's office; g) Confidential secretaries; h) Persons appointed to a position by City Council; i) Any part-time, temporary or contractual employee; j) Any employee hired for special projects or programs or through the use of outside funding sources; k) Unskilled manual laborers and such other classifications which the Employee Relations Director , City Manager with the concurr nee of City Council determine th t competitive ex min tion is impractical. Th d termin tion of City Council hall be final as to whether positions are covered und r the C r er Servic Syst m. 5-11-4: RESPONSIBILIT~ OR ADMINISTRATION (a) City Council. The City Council sh 11 adopt nd mend the C reer Service Syat m rule prepared and submitted by the City Man ger. The City M n ger shall prep re nd submit to City Council for adoption auch mendmenta to the Career Service System rulea for adop ion aa he deema neceaa ry. 3 • I • • • - (b) City Manager. The City Manager is the chief executive officer and head of the administrative branch of City government and shall: (1) Exercise supervision and control over all executive and administrative departments, including the authority, with prior approval of Council by ordinance to establish, consolidate, or abolish administrative departments; (2) Have authority to reorganize departments, divisions, and sections and allocate and reallocate powers, duties and functions to divisions, sectio ns and positions under a principal department. (3) Determine the overall methods, processes, means, job classifications or personnel by which City operations are to be conducted; (4) Appoint, suspend, promote, demote, transfer ~n~ rPmove all subordinate officers and employees, subject to the provisions of the City Charter and Career Service System rules and regulations, excepting those appointed and removed by City Council (5) Be responsible for administration and maintenanc 3 of the Career Servi c e System . (6) The City Manager or designee shall be wholly responsible f o r assigning a positi o n responsibilities, authorit~'• and duties wh i ch may be tempo rary or permanent, incidental or e ssential. He s hall designate the location of wo rk f o r the pos i ti o n, d e term i ne the to o ls and equipment t o be furnished and set th e ho ur s o f wo rk and wo rking c onditions and determine meth o d . oro ces s a nd m an s of ac compl i shing wo rk. The City Manager may direct, superv ise , ass i gn a nd sc hedule the work o f emplo yees. (7) Main t a in and i mpr o v e the effic i en c y and effective ness o f City operations ; an d tak e a n y and a ll a c ti ons to c a r ry o ut the mission of th City in cases of e mergenc y . (8) The app intlng authority may delegate autho r ity 11 career service system and personnel functions and actions. delegation need not be in writing so long as the appointing authority ratl!iea the ction taken. for Such (9) Perform such other duties and hav and e xercise suc h oth r Ci y po wers establish d by Charter and delegated by Cit y Council, or aa ay b prescribed or nee aa a rily l•plied by Char e r or the Career S rv ce Syat m rules and regu la ions. (10) 0 ai na e a recording ecreta r y for the orrd .. ..,o aht 1 eep a rec9rd n all the proceedings b ore the Boar~. tn1 ~o• ie to • , u n recnm nda ion o the o rd. deal ~ate ~uch I • • • • other and further employees of the City to aid the Board in the performance of necessary clerical and general office work. With approval of the City Manager, the Board may contract for the services of special assistance in fact finding or other matters relating to work of the Board. (c) Employee Relations Director. The City Manager shall appoint an Employee Relations Director who shall be responsible for the administration and technical direction of the Career Service System of the City of Englewood. The Employee Relations Director shall be chosen on tQe basis of professional training and experience in personnel administration and shall be appointed in the same manner as the heads of other City departments. The Employee Relations Director shall have such authority as delegated by the City Manager and as set forth or necessarily implied in these regulations. (d) Career Service Board. Appointment, Removal The City Council hereby creates a Career Service Board (hereinafter the •Board•) which shall consist of five (5) members; two members shall be appointed by City Council, tw members shall be elected by secret ballot by all full-time permanent classified employees of the City, and one member shall be selected by the other four members and serve as chairperson. Board members• terms are f o r four years or until resignation, removal or recall. Any Board member may be rem o ved by Council for continued neglect of duties o r malfeasance in office. Those elected Board members may also be recalled by the employees. Election and recall procedures are pr o vided in '69 E.M.C., Title IV, Chapter 5. Should a Board member duly elected by the full-time permanent classified employees resign or o therwise beco me incapacitat e d s o as t o cr ate a vac a na c y in o ffi c e, the full-time permanen t c la s sified emplo yees shall p tit ion th Ci ty Ele c ti on Co mm i ss io n to ho ld a n elec ti o n t o fil l s a i d une xp i r ed t e rm. Qualifica t io n Each Bo rd member shall r e ide within th City nd poss ss th integrity and impartiality to pr teet th public inter st , as well as the inte r est of t h City nd its full-tim p r manen t classifi d employees nd shall be kno wn to be in sy pathy with a me r it s y stem o f pe r sonnel ad min i t r t ion . M mbe r s of the Bo ar d s hall hold no othe r a p poin t i v e o r lecti v e municlp 1 office during t h i r t n u r s Bo r d m mbe r s . No e mp lo y ee of h City ahall b a me mb er of o r an e x officio mem b e r of t h e Boa r d . 5 I • • • • Authority of the Board The Board has authority pursuant to Section 137, the Labo r Relations Article, and Section 138, the Career Service System Article, of the Charter. With regard to the Career Service System of Merit Principles, the Board's principal function is to act as an independent hearing body in hearing merit and disciplinary appeals. In the Career Service System, the Board's duties and powers are: (1) To hear merit appeals of any full-time permanent classified employee and determine if there was proper application of the Administrative Procedures adopted pursuant to Sec. 138:2 of the Charter governing Merit principles with respect to: (i) selection and advancement on the basis of the employee's relative ability, knowledge, and skills; and (ii) the establishment and maintenance of a classification plan based on job analysis. However, the Board shall have no authority or responsibility to hear or determine if any person were denied equal employment opportunity with the City by any employment decision under these rules or other treatment for reasons of alleged discrimination based upon race, religi on , age, sex, handicap o r national origin . Complaints of alleged discriminati on shall be filed with the Employee Relati ons Director. (2) To hear disciplinary appeals for any full-time permanent classified employee with respect onl y to whether that employee's suspension, demotion , o r discharge was for cause wh ich relates to the performance of duties, personal conduct, or any ot her factor detrimental to the City and/or any other j u st and rea sonable cause . (3) To appoint a hearing officer (with demonstra ble ability in labor and employee relati o ns) to make findings and recommendations to the Board for its final approval with respect to disciplin ry appeals nd merit app ls. (4) Following notice nd hearing, to adopt r sonable Board rules and procedures which ar necessary in th performance of its duties. (5) To ffectuate Care r S rvic System policies by nt ring authorized decisions following merit ppe 1 nd disciplinary app al h rings, but the Bo rd is not authorized to order any p rties to take ny action not specifically re uired by Ch rter or ordinanc • 6 • I • • • - (6) The Board shall hold one regular bi-monthly meeting only when necessary to conduct hearings and other functions required by Subsections 1-4 above and Section 5-1-1 in the months of January, March, May, July, September and November and meet only at such other times necessary to timely conduct hearings and other functions required by these ordinances Subsections 1-4 above and Section 5-1-1. All Board meetings shall be in City Hall or some other previously noticed City facility. A notice of said meeting shall be posted in City Hall at least twenty-four (24) hours in advance. Each member in attendance at each duly authorized meeting shall receive fifty dollars ($50) to defray his expenses. For additional hearing days or parts thereof in excess of two per month, an additional twenty-five dollars ($25) per hearing day shall be paid. Members shall receive a total of no more than one hundred dollars ($100) per month. (e) Department Heads. Department heads shall have responsi- bility, subJect to other sections of these rules and regulations, to select, retain, transfer, promote, discipline and separate employees within the department. They are expected to effectively supervise their employees, to report on efficiency and performance of their subordinates, to notify the Employee Relations Director of changes in duties of their employees in order that the classification plan can be maintained, and to recommend salary adjustments. Department heads shall recommend desirable changes in the personnel policies and procedures to the Employee Relations Director to improve administration of the personnel system. Department heads may establish such rules deemed necessary for the efficient and orderly administration of their departments. Such rules must be on file in the Employee Relations Department before they become effective and must be consistent with these rules and regulations. Copies of department rules must be made available for use by employees. (f) Employees. It shall be the responsibility of all employees to thoroughly acquaint themselves with the provisions of the Career Service System rules and regulations and the rules of the departm nt within which they are employed. Employees are expected to conduct themselves at all times in such a way as to ffectively and efficiently carry out their responsibilities to th d partment, the City and to the public. 5-11-5: GRANT-IN-AID PROGRAMS Whenever the provisions of any 1 w, rule, order, or regulation of the United States or of any federal agency or authority providing or d•inlstering feder 1 funds for us in Colorado, either directly o r ndirectly or as a grant-in-aid or to be matched or other wise, re u re civil service or merit standards or classifications other than that required by the provisions of these rules, then the provisions of such law, rul , order , or regulati on hall prevail and 8hall govern the class o employ ent and employees ffected thereby. 7 • I • • • • • 5-11-6: EQUAL EMPLOYMENT OPPORTUNITY Discrimination for or against any person in recruitment, examination, hiring, classification, training, promotion, retention, assignment of duties, granting of rights and benefits, or any other personnel action because of political or religious opinions, race, creed, color, sex, national origin or ancestry, age, political or religious affiliation, organizational membership, physical or mental impairment where accommodation can reasonably be made or other nonmerit factors except for bona fide occupational reasons is prohibited . Any claim of alleged discrimination for any prohibited reason shall be filed with the Employee Relations Director and may be determined only by the City Manager or his designee. 8 I • • • • - CHAPTER 12 5-12-1: POSITION CLASSIFICATION PURPOSE The position classification plan is an adjunct to the merit system which provides a systematic arrangement and inventory of all positions in the City service. The plan groups the various positions into classes with appropriate titles, descriptions of duties and responsibilities and types of work performed. Class specifications may also list the minimum requirements or qualifications needed to perform the work of the class such as education, experience and knowledge, skills and abilities. By describing work duties and relationships, the position classification plan provides a basis for administrative decisi on making on compensation, selection, employee development, career advancement, upward mobility and other personnel program activities. 5-12-2: ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN The Employee Relat ions Director shall establish a nd maintain a position classification plan based on jo b analysis that will pr ovide the bas is upon which fulltime permanent classi fied employees are graded, compensated and examined for positions within the Career Service System. The Employee Relat ions Director shall be charged with the administration and maintenance of the position classification plan so that the classes of work will reflect the duties included in each position in the City servic and to ensure that each position is properly allocated to one of the classes . The Employee Relations Director shall periodically revie w the entire position classifica- tion plan as well as the allocation of all positions to classes within the plan and recomm nd to the City Manager revisions as appropriate. 5-12-3: ESTABLISHMENT AND ABOLITION OF CLASSES Any change in the position classification plan such as establishing new classes, ab lishing classes, reclassifying class or pay gr de change for classes requires the approv 1 of th City Man ger. 5-12-4: STABLISH M NT AND ABOLITION OF POSITIONS (a) All positions In the Career Service system re establi hed and aintained through a dep rtmental personnel budget each year in ace rd nc with established budget and accoun ing procedure • 0 I • • • • .. (b) Each authorized position is allocated to an appropriate class. The proper allocation and control of positions is the responsibility of the Employee Relations Director. 5-12-5: ALLOCATION OF POSITIONS (a) The Employee Relations Director shall allocate newly created positions to an existing class in the position classification plan or to a new classification depending on the duties and responsibilities of the position and the availability of an appropriate existing class. (b) Every position in the classified service shall be placed in a specific class before final action can be taken on appointments, transfers, promotions, demotions, changes in pay grade status, or payment of salary involving the positions. (c) Those positions in the classified service which are sufficiently similar as to duties performed, level of responsibility, minimum requirements of training, education, experience or knowledge, skills and abilities and which merit approximately equal pay shall be allocated to the same class. 5-12-6: CLASS TITLES The title of a position shall be used to designate the position in all budget documents, payrolls and other official records , documents, vouchers and communications in connection with all personnel process. Other working titles may be used for a position if desired by the department head or appointing authority to designate the position for purposes not involving personnel processes. 5-12-7: DEFINITION OF CLASS Class means a group of positions in the Career Service System sufficiently similar in duties, authorities, responsibilities and minimum r quirem nts of training, knowledge, skill, ability and xp ri nee so that the same title and pay grade may be assigned to each po s iti o n in the group. 5-1 2 -8: DEFINITION OP POSITION A posit on is an individu 1 job within th Career Service System. A position contains duties and responsibilities as ign d by the appointing authority or designee to be performed by n employee. 5-12 -9: • ter he n Th CLASS SPECIFICATIONS mployee Relations Director shall design nd maintain a o all position specifications, which shall constitute 1 sltion classification plan. Th official s t shall 10 I • { • • • .. contain all amendments and indicate the date of adopti o n or the last revision of the specification for such position. {a) The position specification shall state the official position title, the characteristic duties and responsibilities, examples of typical duties, working conditions, and knowledge, skills and abilities required to adequately perform in the position. {b) The specification shall be descriptive and explanatory but not restrictive or all-inclusive; that is, the position specifica - tion shall describe the more typical types of work which may be required of a position but shall not be construed to restrict the assignment of other duties related to the position, nor shall it be construed as descriptive of what the duties and responsibilities of any particular position or individual incumbent shall be. {c) Minimum qualifications are comprehensive statements of the minimum background as to education, training, experience and othe r qualifications which will be required in all cases as evidence of a person's ability to perform the work properly and therefore as prerequisites to acceptance for exam ination , or appointment. {d) The Employee Relat ions Director shall provide each department head with a set of position specifications of those positions in his/her department that are allocated and for such other positions as may be deemed appropriate. {e) Position specifications of all classified ~sitions of the City in the Employee Relations Department shall be o pen for inspection by employees or the public under reasonable c nditions during business hours . 5-12-10: RECLASSIFICATION OF POSITIONS The Employee Relations Director has responsibility for the proper allocation of all positions in the position classification plan . He shall change the classification of any existing position when it is warranted by a material and permanent ch nge which occurs in the duties and responsibilities of a position which are of such n ture nd/or m gnitud that allocation to different class 1s justified. {a) Th Employee R lation Director may request dep rt ent head to submit position descriptions t any tim { )he has reason to believe there has b en a significant change in duties and r spon ibillties of on or mor positions • (b) If a dep rtment h ad or ny employ • has re son to b lieve th t a position is improperly allocat d {because of a signi icant change in duties or responsibility) s{he) may reque t the E ploy•• Relations Director to revi w the llocation of the position. Such request by an employe shall be submitted through the depart ent l • I • • • • .. head and shall contain a statement of justification. If there has been a significant change in a position duties or responsibilities, not of an incidental or temporary nature, the Employee Relations Director shall review the position allocation. The Employee Relations Director may review any position he deems improperly allocated. A position may not be reviewed more than once in a twelve month period unless authorized by the Employee Relations Director. Reclassifications are subject to the approval of the City Manager. (c) When a position is reclassified because of a change in the duties and responsibilities of the position, and is assigned by the appointing authority a higher pay grade than the current classifica- tion, the Employee Relations Director may require that the incumbent qualify by examination for the new class or may determine that a noncompetitive promotion is in order depending on the conditions of the reclassification, the nature of the position reclassified and the qualifications of the incumbent. (d) If a position is reclassified and the pay grade is not changed, the incumbent shall continue in the position provided the employee meets the minimum qualification, if changed, and with whatever status (s)he had in the previous classification. (e) If a position is reclassified to a class with a lower pay grade than the current classification the incumbent shall receive the salary rate for the lower class (except that no more than the maximum rate for the lower class may be paid). The incumbent may be transferred to another classified position for which (s)he qualified that is comparable to the position held b fore reclassification. (f) Any reclassification which is denied or which results in a demotion for the permanent incumbent and is not in conformance with these regulations may be appealed. 5-12-11: AMENDMENTS TO CLASSIFICATION Amendments of the classification plan, additions of classes to and deletions of classes from the classification plan, reassignm nts of classes from one pay r nge to another and other changes to th classification plan m de by the City Manager or City Council shall not be considered to be mendmenta to the Career Service System. 12 I . ' ( • • • CHAPTER 13 COMPENSATION PLAN COMPENSATION 5-13-1: GENERAL The compensation plan is an adjunct to the Career Service System and is intended to pr ovide all classified employees with fair and equitable pay and to provide a uniform system of payment. The compensation plan is separate but related to the position classifi- cation plan. Bearing in mind that where comparison between classes or jobs is appropriate or useful, such comparison shall be on the basis of the total cost of wages and fringe benefits for such position. Consideration may be given to the following factors: (a) (b) (c) (d ) (e ) (f) (g) (h) 5-13-2: Pay ranges for other classes in the system Knowledge, skill, ability, and responsibility of positions. Prevailing rate of total compensation in the market area, including both private and public employment. Recruiting experience Wo rking conditions Ec o nomic Facto rs The level of compensation competitiveness sought by the City. The level of appr o priations for compensation determ i ned i n accordance with Council po l icy. ADOPTION OF THE COMPENSATION PLAN Th e Employee Relati o n s Director shall prepar e and prese nt t o the Cit y Manager a pr o posed o r amended co mp n s atio n pla n at s u c h time as the manager shall de em n c ssa ry o r appr o priat e . Th e City Council sha ll ad o pt a c o mp e n s ati o n pla n t o b eff e ctive dur ing the next year or a t such t im e a s the coun cil may d esi gnat e a nd there fter until amended o r a ne w plan shall be do p ted. 5-13-3: CO MPOSITION OF THE CO MPENSATIO N PL A The co pensation plan ~•Y consist of salary schedules showing p y ranges, including minimu and maxi urn rates of pay as may be de d nee s ary and ppropri te , nd schedules sho wing the as ign- men of each position in the clas ification plan to pay ranges in th salary schedules . 13 • I • • ( • • ,. • 5-13-4: ASSIGNMENT OF CLASSES TO PAY RANGES The Employee Relations Director, with the approval of the City Manager shall assign each position in the classification plan to one of the pay ranges in the salary schedules of the compensation plan. 5-13-5: MAINTENANCE OF THE COMPENSATION PLAN The Employee Relations Director shall make comparative studies of salaries paid and related pay practices of a sampling of public and private employees in the various labor markets in which city employees are recruited . The Employee Relations Director shall utilize the information in the evaluation of assignments of position to pay ranges and in proposing amendments to the salary schedules. Factors relevant in maintaining a sound, fair and equitable compensation plan include among other things, ranges of pay in other classes, prevailing rates of pay for similar employment in both public and private organizations in the labor markets from which Career Service System employees are recruited, cost-of -living factors, o ther benefits received by employees, the financial and economic considerations existing, the ability to recruit and retain qualified personnel and the level of compensation competitiveness sought by the city. 5-13-6: APPLICATION OF THE COMPENSATION PLAN All persons of the classified service shall be employed and paid in accordance with the rates and policies established in the compensation plan for the specific class under considerati on . 5-13-7: NEW APPOINTMENT STARTING RATES (a) A new employee shall normally be paid at the beginning salary of the assigned pay range; except that the department h ad with the approval of the City M nager may authorize a starting salary abov the minimum, when a prosp ctive appointee posses es qualifications in excess of the minimum qualifications for the class, or when recruitment has failed to attract qualifi d applicant willing to accept employm nt at the minimum s lary. (b) To p y a atartin s 1 ry above the minimum r te, the dep rtment head sh 11 provide written docu entation to the City Manager that uch ction is ju tified by the exceptional qu liflc tions of the applicant or by lack of qualified pplicants available at the beginning sal ry. 5-13-8: PROMOTIONS AND RECLAS IFICATION UPWA D I • ( • • When an employee is promo ted to a position in a class assigned to a higher pay range or his/her positi o n is reclassified to a higher pay range, his/her salary shall be at the minimum rate in the higher pay range or at a rate wh ic h results in a pay increase of five percent, whichever is greater. The City Manager may authorize a greater promotional salary if the department head justifies such action by showing exceptional qualifications o f the applicant or a lack of qualified applicants at the established salary. 5-13-9: DEMOTIONS When an employee is demoted at his/her request or for cause or reclassified downward to a class in a lower pay range (s)he shall be paid at a rate which is within the lower pay range. The rate o f pay shall be determined by the Employee Relations Director after consultation with the department head on the demoted employee. 5-13 -10: TRANSFERS When an employee is transferred from one position to another in the same class or to a position in another cl ass with the same pay range, (s)he shall cont in ue t o be paid at the same pay rate and shall retain his/her anniversary date. 5-13-11: TEMPORARY WORK AT A HIGHER CLASSIFICATION (a) An employee may be requ i red to perform duties in a higher classification on a temporary, incidental or emergency ba sis for a period of thirty (30) calendar days or less with no change in classification o r increase in pay. (b) If the performance of duties in a higher classification is beyond thirty (30) calenda r days, the employee shall be eligible for acting pay at the higher classification and shall be paid at 50 of the difference bet ween their salary rate and the minimum rate of the higher class or five percent (5\), whi che ver is greater. {c) At the conclusion of the temporary work the employee shall r vert to his/her former classification and pay range. (d) All service in the higher level classification shall count as time worked in the mployee's regular classification for all purpose • 5-13-14: GARNISH MENT OR WITHHOLDING OF WA GES No wr it of tt chment or garn hment or other process sh 11 att ch or delay the p yment of any money or other things du to any City employee wh en the money or other thing ia due for the personal labor or services of such person, exce pt that th for going shall 15 I • ( • • • • • not apply to payments due for alimony, child support or taxes, or where otherwise provided by binding state or federal law. 5-13-15: TERMINAL ANNUAL LEAVE Separating employees shall be paid for all accumulated annual leave to their credit at their current rate of pay as of the effective date of separation. All payment due and owing for any other leave accumulated by the employee shall also be paid at said separation date. 5-13-16: AMENDMENTS TO COMPENSATION PLANS Amendments of the compensation plan and annual or periodic changes of pay rates for the pay ranges within the established pay schedules and other changes made by the City Manager or City Council to the compensation plan shall not be considered amendments to the Career Service System. l • I • • • • .. .. 0 CHAPTER 14 RgCRUITMENT 5-14-l: GENERAL Recruiting, selecting and advancing applicants and employees will be on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants and employees for appointment or promotion. To assure high quality of service to the public, recruitment efforts and publicity will be directed 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 opportunity for the public t o apply and be considered for employment on the basis of their relative knowledge, skills, abilities, and potential. The Employee Relations Director shall establish minimum requirements and qualifications for positions in the Career Service and shall prepare and hold examina- tions, pass upon qualifications of applicants, establish eligibility lists and certify eligible applicants to the City Manager to fill vacancies in the Career Service. 5-14-2: RECRUITMENT PROCEDURES Announcements o f examinations and/or vacant positi o ns may be sent to newspapers and radio stations and other public places t o assure the widest possible expo sure. Announcements and vacan c y l is t s may also be furnished to community organizations, includ ing mino r i ty gr o up s and wo me n's o rganizations. App lica n t s wi l l be recruited o n the basis of the mi n i mum kno wledg e , s k il l, a b i lity, experience and educati o n req u ir e ments s t a b li sh e d f o r th e positi o n. All publ icit y shall i ndi ca t e that th e City is a n q u al oppor tun i ty emp l ye r. 5-14-3: POSITIO N AN NOU NCEMEN T Th poaitinn announce ent shall include , but ne d not be limited to, he f llowing inform ion: position titl ; annual, nthly or h urly a 1 ry; general duties, minimum qu lific tiona, the time, pl ce nd manner for th m king of application ; closing dat for receipt of applicati ns; and any other qu liflcationa deem d to con titute a bona fid occupation 1 qualification. S-1 4-4: A NOUNCE MENT FOR OPE N CONTI NU OUS EXAM I NA TION Announc ent shall be posted in the offic s of the Dep rt n o E ployee Relations and in nth r appropriate places det rmln d by the Employee R lat nna Director wh re eligible persona migh re onably b exp ct d n be loc t d. 0 p rtm nta and divlai ~na 1 7 • I • • • .. shall post announcements in places known by and available to employees. Any substantial changes made in an announcement shall be distributed and a new time limit set for filing applications. The filing date may be extended whenever the Employee Relations Director determines that an insufficient number of applications has been received from qualified persons on any announced examination. Whenever the Employee Relations Director determines that an announced examination is not needed, the examination may b e canceled. If an examination is canceled, written notice s h all be given to concerned applicants and concerned department heads. 5-14-5: FILING OF APPLICATIONS When ~here is an urgent need for eligibles and past experience or knowledge of labor market conditions indicates a probable scarcity of eligibles, applicants may be examined and placed on an eligible list as received, provided that there is good reason to believe that all qualified persons who apply will have an oppor- tunity for consideration of appointment. These procedures shall be known as open continuous examinations. Announcements of open continuous examinations shall be distributed and posted in the same manner as any other examination announcements. All applications for positions or examinations shall be on standard forms prescribed by the Director of Employee Relations. All applications shall be signed by the applicants attesting to the truth of all statements contained in/or by reference made, a part of the application form. To receive consideration, applications must be received in the Employee Relations office or postmarked by the closing date specified on the examination announcement. Late applicati ons may be received at the Employee Relations Director's discretion. Incomplete or defective applications may be returned to the applicants for revisions or additional information. Revisions or additional information must be mad and r ceived within time limits fixed by the Dir ctor of Employee Rel tiona. Application for open competitive examinations may be filed by any per on who me ts the requirements s list d on the public nnounc ment of th examinati n. Any statement on n application th t i found to be false or delib ra ely misl ading may b cause for rejection of th applica- tion or employment tar !nation at a later date. The Employee Relations Director may, in connection with such application , requir~ such certificates of immigr tion or vi a s atus, physician'• certificate , licen•e certificate , educ tional 18 • I • - ( • • • achievement certificates, or any other documentation which bears upon an applicant's qualificati o ns or eligibility. The Employee Relations Department may develop a pr o cedure for voluntary self-identification as to protected class affiliation which shall become a confidential part of the application. The information requested is for use solely in connection with affirmative action efforts, the information is being requested on a voluntary basis , that it will be kept confidential , that refusal to provide it will not subject the applicant to any adverse treatment. 5-14-6: REJECTION OF APPLICATION OR APPLICANTS The Employee Relations Director may reject any application or applicant when it has been determined that: (a} The applicant has made deliberate false or misleading statements and deception in attempt to secure employment. (b) The application was not received on or before the closing date established for receiving applications. (c) The application was not filed on the pres c ribed form. (d) The applicant does not possess the requirements as specified in the examination announcement o r the public announcement of the job vac anc y. (e) The applicant is physically or mentally unfit to perform the required duties of the class o r position for whi ch application was made. (f) The applicant was emplo yed previously by the City and wa s dismissed for cause or resigned in lieu of dismissal. (g) The applicant has a record of conviction of crime . Evidence of rehabilitation shall be considered. Consideration of CRS 24-5-101 (1973} will be given. (h) Th pplicant's past record of employment is d termin d to be uns tisf ctory by the Employe Rel tiona Director. Whenever an pplicant or application is rejected, notice of such rejection shall b given to the applicant. Th Employ e Relations Dir ctor may refuse to x mine n applicant or , after ex mination, may refuse to certify s eligible any pplicant who is found to lack ny of the requirem nts eat blished for the position of mployment for which the p r on ha appli d; or ny applicant wh o h s m de a f lae stat ment of ny m terial fact; or who directly or indirectly g ve, paid or promised to give ny m ney, service or oth r v lu ble thing to any person for or on account of , or in connec ion wi h, his a lection process or appointment; or h a 1 0 I • -• • • practiced, or attempted to practice any deception or fraud in the selection process of any such application, certificate filed in connection with or in securing eligibility or appointment, or who refuses to furnish testimony as required by law, and any applicant who commits any such act or acts shall, if hired, be subject to dismissal. 5-14-7: AUTHORIZATION FOR EMPLOYMENT No person shall be given employment in the Career Service until the department head shall have notified the Employee Relations Director in writing of the need for such employee in such manner as these rules and other regulations may prescribe, the City Manager has authorized the employment, and the Employee Relations Director shall have certified such person as eligible for appointment. 20 • 0 I . • • • CHAPTER 15 SELECTION/ADVANCEMENT 5-15-1: DETERMINING EXAMINATION DEVICES The Employee Relations Director, in consultation with department heads, shall determine which examining device or combination of devices will be used to evaluate the relative fitness of applicants and conduct the examinations. The examination device selected will be determined by the Employee Relations Director to relate to the duties and responsibilities of the position for which candidates are being examined, to be impartial, and to fairly appraise and determine the relative knowledge, skill, ability and qualifications of candidates to perform in the position. The Employee Relations Directo r may use a variety of devices, including, but not necessarily limit e d to, asses s men t of traini ng, education and work experience; written, o ral or performance tests; tests of physical agility or capability; medical and psychological examinations; reference checks and ba c kgr o und investigati o ns; and o ral interviews, singularly o r in any combination. Each device utilized will be administered o n a standardized basis t o assure equity. Examinati o ns shall be practical in nature and shall be co n s tructed t o reveal th e c apacity o f the c andidates f o r the par t icu l ar po s iti o n fo r whi c h they are competing, the i r general backgr o und a n d relative kn o wledge, sk i lls and abilities and any ch aracter o r per s ona l trait s which are j o b-related. 5-15-2 : DEL EG AT IO N OF EXAMINATION FUNCTION The Emp lo y ee Relation s Di re c t o r may delegate autho r i ty with i n t h e Ca r eer Ser vice S y stem t o perfo r m r ec r uit me n t, exami na t ion , and refer r al activities on either o pe n-comp etit ive o r promotional examinations . The exerci e of this authority by th e delegate{s) shall be subject to r vi w by the Employee Relations Director. 5-15-3: OPEN CO MPETITI VE , PRO MOTIONAL, AN D CO MBINATIO N EXA MINATIO NS Positions in th Career s rvic sh 11 b fill d through competitive examination process open to the public nd b sed on merit nd fitness . Wh n the Employee R l tiona Director determines th t th re re ufficient numb r of ualified potential pplicants within the City s rvic to assure effective competition and an dequate ellglbile li t, an ex minatlon may be limited to eligible employe s within the City service . 21 I • • • • When it is determined that there will be a promotional examination, the Employee Relations Director shall designate the lower class or classes in which employees are eligible, the required period of service in such class(es) and the departments to which the examination will be restricted. Promotional examinations shall be open to any employee in the classified service who meets the eligibility requirements described for the class for which the examination is being given. When there are qualified potential applicants within the city service, but not enough to assure an adequate eligible list, examin- ations may be given on both an open-competitive and promotional basis. Open continuous examinations may be given when market condi- tions indicate a probable scarcity of eligibles. Applicants may be examined and placed on an eligible list as received, provided there is good reason to believe all qualified persons who apply will have an o pportunity for consideration for appointment. 5-15-4: QUALIFYING EXAMINATIONS The Employee Relations Director may conduct a qualifying examination when: (a) an employee transfers from a position in one class to a position in another class in the same pay range for which (s)he has not previously passed an examination; or (b) t o determine qualifications for another classification in r duction-in-force action or demotion. 5-15-5: MEDICAL EXAMINATION Appllc nts for positions in the Career Se rvi ce may be required to undergo medical examination to determin phy sical and mental fitness to perform the work of the position for which they are b ing considered for appointment. In li u of th m dical ex mination, an applicant m y be requested to submit a certificat of good health with the application . Determinat o~ of physic l or mental fltnes will be by physic an or physicians or oth r uthority de ignated by or accept ble to th ployee Relation Director. Appllc nts or eligibl s determined to be physic lly or n lly unCi to perform the duties of the class or particular sitlon shall no be considered qu lified for appointment t o th t cl sa or posit on(s). 22 I • • • • • 5-15-6: CONDUCT OF EXAMINATIONS (a) When written examinati o ns ar e used, the examination will be conducted in a place or places found convenient for applicants and practical for administrati o n. (b) The Employee Relati o ns Director may designate monitors to take charge of the examination under instructions prescribed by the Director. (c) The Employee Relations Director may conduct special examinations at times and places apart from the regular examination when it is deemed expedient. (d) Any examination may be postponed or canceled at the discretion of the Employee Relations Director. Applicants shall be notified of the postponement or cancellation. (e) Candidates may not take into or use any unauthorized materials in any examination. (f) Communication between candidates during a written examination shall be prohibited. (g) Candidates may not communicate the content of any examinati o n to other applicants or potential applicants. 5 -15 -7: COMPETITIVENESS An examination shall be deemed competitive regardless of the number of examinees when (1) the Employee Relations Director has es tablished qualifications and requirements for admission to and succ es s ful co mpletion of the examination that (s)he determines are ba se d upo n reasonable education, experience, and personal standards; (2 ) a reaso nable opportunity to apply is afforded potential l y qu ali fied pe r so n s ; and, (3) all examinees c o mpete aga i nst co mm o n s t an dard s . 5-15-8 : MAKE-UP EXAMINATI ONS A candidat who fails to a p pea r as scheduled fo r an examination may requ st a make-up x amination . The request m y be granted by the Employee Relations Directo r if t he Directo r deter- min s good nd sufficient reason e x ists nd only if th ty pe of examination nd time schedule pe rmi ts . Mak e-up e x aminations shall be designed to v aluate facto r s e x amine d in a su b stantiall y similar m nner as th initial x a min at ion . 5-15-9: PLACE MENT ON ELIGI BL E LI STS Candidates who pas a co mp e t iti v e e xam inat i on or m k -u p ex nation ah 11 b plac d on an eligible list fo r th p sition !o r which the xaminati' n w qiv n . Passing sco r e h all be d te r mined 23 I • • • • by the Employee Relations Director in consultation with the depart- ment head. The candidate's inclusion on the eligible list will be determined by his final earned examination score plus, when applicable, veterans points. 5-15-10: METHOD OF CONSTRUCTION AND RATING OF EXAMINATIONS The determination of appropriate written, performance or other tests; the methods of evaluating experience, education and training; and of weights to be assigned to various parts of the examination shall be determined by the Employee Relations Director. 5-15-11: RATING OF EXPERIENCE AND EDUCATION When rating of experience and education forms a part of o r the total examination, the Employee Relations Director shall determine a procedure based on merit principles for the evaluation of the educational and experience qualifications of the applicants. The Employee Relations Director may verify an applicant's experience and education. If the investigation brings out information affecting the rating o f experience, education or training, the Employee Relations Director may rate the candidate accordingly or make the necessary revision of the rating and s o notify the candidate. 5-15-12: VETERANS PREFERENCE POINTS Veterans who, for other than training purposes, served on active duty in any branch of the Armed Forces o f the United States during any period of any declared war or any undeclared war or other armed hos til i t i e s against an armed f o reign enemy, or wh o served o n a c t i v e duty in a ny bran c h o f the u.s. Armed Fo rces in any campaign o r e xpedi t ion fo r which a campa i gn badge is auth o rized, a nd wh o were s e parated under hono rab le conditio n s , and the unremarr i ed wi d o ws of such veterans , shall h av e 5 poin t s adde d to a pa ssing g r ad e on open-comp titiv examinations . If t h e vete r an , b ec a use of disability incurred in the line of du t y, is recei v ing monetary comp nsation or di ability r tirement benefits by r eason of public laws admini t red by the Departm nt of Defen e or the Veteran Administration or any successor the r eto , he shall ha v e 5 additional points add d to a passing grade on o pen-comp titi v e e x a minations . Applic nts (1) i n cluding vete ra ns , di bled v ete r ans , and unm rri d wido ws of v ete r ans , clai mi ng v ete r an po i nt s must submit a certified or photost tic copy of Fo r m DD 21 4 o r co mpar a b le certifi- cates nd (2) any oth r documents nee ssa r y to es tab lish their ntitl m nt , from th D p r tment of De f ense , the United States Veter n Administr ~ion o r other a pp ro p riate genc y. One a vet r n or wido w of a veter n who is eligi b le to r ceive p r eference points has b en appointed to a position in the City Car r Service System , 24 • I • • • .. the person may not have veterans points added to any future examinations taken for a position in the City of Englewood Career Service. 5-15-13: NOTIFICATION OF EXAMINATION RESULTS Each person who takes an examination shall be given written notice as to whether (s)he qualified on such examination. Eligibles shall be advised of their sc o re and if they were placed on the eligible list. The official posting place of examination results and eligible lists shall be the Employee Relations office. In his discretion, the Employee Relations Director may send informational unofficial results and lists to such places he determines appropriate. 5-15-14: INSPECTION OF EXAMINATION RESULTS Each person taking an examination shall be entitled to o ne (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 Director for just cause. Inspections shall be permitted only during regular business hours. Examination papers shall not be open to the general public. 5-15-15: ADJUSTMENT OF ERRORS If a manifest error in the rating of an examination is, in wr iting , called to the attention of the Employee Relations Director within ten (10) days after notification of the examination results, the Director shall correct such error if he deems it significant. Such correction shall e xtend only to placement of the applicant on the eligible list but shall not invalidate any appointment pre- viously made from the eligible list. 5-15-16: REVIEW AND APPEAL ON ADMIS SION TO AND CO NDUCT OF EXAMINATIONS Candidates may within five (5) days from the date on which notice of denial of entrance or of examination r sults is given, request review of the examination admission, conduct or sco ring proc dures. During that 5-day period, if he believe h wa s improperly denied admi sion or th examination wa s not properly conduct d or was not rat d in accordance with the proc dur s requir d by these Rul s, a candidate may file a written p tition for review by th Employ R lations Director. If, pur u nt to a request und r the above paragr ph, th Employe Rel tiions Director reviews admission procedures or th conduct nd coring o the ex min tion and d termin th t there were no irregul rities in the conduct of th ex mination or th t th applicant was properly denied admission , he h 11 give written no ice to the c ndid e o his d termination. Th Employee Rel ions Oirec or sh 11 also dvi a c ndid te wh o is a full-time 25 • I • • • .. permanent classified employee that he has a right to a merit appeal. Applicants appealing examination admission shall not be conditionally allowed to take any part of the examination unless this is determined to be appropriate by the Employee Relations Director. If the applicant's appeal is resolved in his favor, the Director shall take the necessary action to examine the applicant. The outcome of an appeal shall extend only to placement of an appellant on an eligible list but shall not affect the validity of any appointment previously made from an eligible list. 5-15-17: CONFIDENTIALITY OF EXAMINATION MATERIALS All examinations and test materials shall be regarded as privileged and confidential information and not available for public inspection. 5-15-18: PROTESTS Persons other than fulltime permanent classified employees who believe that their applications have been erroneously rejected or who believe that their examinations have been incorrectly rated may present their protest to the Employee Relations Director for consideration. 5-15-19: ESTABLISHMENT OF ELIGIBLE LISTS The Employee Relations Director shall establish and maintain eligible lists for various classes of positions as may be necessary to meet the needs of the classified service. Open competitive and promotional eligible lists shall contain the names of those persons who have successfully qualified in the examinations according to final earned score plus veteran's preference points. 5-15-20: TYPES OF ELIGIBLE LISTS (a) Open Competitive Eligible List: An eligible list resulting from an open competitive examination contains names of ex mineea qu lified by examination, including veteran's pr ference points. (b) Promotional Eligibl List, City-Wide: An eligibl li t resulting from a promotional examination open to ary classifi d City employe eligible to compet on a promotional basis contains n mes of employees qualified by examination. (c) Combination Eligibl List: An eligibl list r ulting fr n ex mination given as op n competition and promotional containing th names of candidates nd mployee u lified by the xamin tion(s), including veter ns' preference points added to candid te scores on open competitive ex minations. 2 I • • • • 5-15-21: USE OF ELIGIBLE LISTS Appointments to vacancies in the Career Service shall be made from eligible lists established through the competitive examination process unless the Employee Relations Director determines that the vacancy may be filled by transfer, demotion, reemployment, or, temporary or other appointment provided by these regulations or charter. 5-15-22: DURATION OF ELIGIBLE LISTS Eligible lists shall exist for a one-year period unless, (1) exhausted or canceled by the Employee Relations Director at an earlier time, or (2) extended by the Employee Relations Director for an additional period not to exceed one year. 5-15-23: REPLENISHMENT OF ELIGIBLE LISTS If the Employee Relations Director determines that an eligible list, although not exhausted, is inadequate for the filling of anticipated vacancies during the normal life of the list, he may announce a new examination for the purpose of replenishing such a list. At the time of the announcement of such examination, all eligibles remaining on the eligible list shall be notified and advised that they may take the examination, if they so desire. 5-15-24: ABOLITION OR SUPERSESSIO N OF ELIGIBLE LISTS The Employee Relations Director may abolish and/or supersede an eligible list before its normal expiration dat e whe n he determines that continuation of the list would result in an untenable situation in the City service. A statement of the reasons for such abolition or sup rsession shall be entered in the records of the Employee Rel tions D partment. 5-15-25: REMOVAL OF NAMES FROM ELIGIBLE LISTS The Employee Relations Director may rem ve the nam s of any per ons from eligible lists for the following causes: (a) When the person is appointed to a po ition from the list; (b) Wh n th gr d , unles the Dir ctor approves sufficient cau e, position; p rson ppoint d to a position in a higher pay p rson reque ts nd the Employe Relations retention of hi name on the list for good and or when the person d clines appointm nt to a (c) Wh n the person ! ils to report a direct d for an employment intervi w or for an additional part or ph sa of an ex m1nat1on; 27 I • -• • • (d) When the person fails to respond to a referral within the time allowed; (e) When the person fails to comply with the written i nstructions from the Department o f Employee Relations; (f) Failure to respond, with i n the time specified in the no tice, to any inquiry of the Empl o yee Relations Director , department heads, or appo inting authority; (g) Notice by postal autho rities o f their inability to locate the eligible at last-known address. (h) Failure t o repo rt for work after acceptance of appo intment. (i) App o intment thro ugh cert i fication from the eligible l i st t o an o ther clas s at t he s ame o r higher pay range. In such case, at the request o f the appoi ntee, h i s/her name may be continued on any o r all list s o ther than the o ne from which the appointment was made, f o r the rema i nder o f the peri o d of eligibility on such lists. In the case o f pr o mo ti o nal lists upon separation other than layoff fr o m the c ity serv i ce; (j ) Whenever an eligible notifies the Employee Relati o ns o ffice o f unavailability for employment or employment co nsiderat i on; (k ) When the eligible has reached mandato ry retirement ag e o r will re ac h mandato ry retirement age during the life of the el ig i bi li ty lis t; and (1 ) Wh e n f o und by medical or o ther examination t o be ph y sicall y o r mental l y unfit f o r servi ce in a class . S-15-26: NOTIFIC ATIO N OF REMOVA L FR OM EL I GI BL E LIST Whenever an ligible 's name is removed from a ligibl list, the Employee R lations Director hall notify the eligible of such action. S-15-27: NAMES ERRONEOUSLY OMITTED OR DELETED Th n me of a person erroneously omitted or delet d from n eligible list h 11 b re tored or added wh never such action is pproved by th Employee R 1 tiona Di r ector . 28 • I • • • • • • 5-15-28: SCORING ERRORS When, subsequent to the establishment of an eligible list, mathematical scoring errors are discovered or veterans points granted , the final scores of eligibles shall be adjusted accordingly. 5-15-29: EFFECT OF RESTORATION OR ADDITION OF NAMES Neither restoration or addition of names to eligibles list nor adjustment of final scores shall affect appointments made prior to the action. 5-15-30: SELECTION PROCESS The selection process is defined as the process by which a vacant position is filled. A vacant position is either a newly created position or an existing position no longer occupied by an incumbent. The selection process may include recruitment, candidate evaluation and examination, certification and final appointment. 5-15-31: PROCEDURE FOR FILLING VACANCIES All vacancies in the classified service shall be filled by original appointment, promotional appointment, reemployment, reinstatement, transfer, demotion, temporary appointment, o r acting appointment by the appoin ting authority or designee. Whenever a vacancy is to be filled the Employee Relations Director shall certify the names 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 certified or as otherwise authorized under the conditions and terms specified in these regulations or charter . When the number of names from an eligible list for filling any vacancy is five (5) or less, the department head may recommend an appointment or that a new list be established. The appointing auth o rity may make an appointment from the available names, o r m y de c line appointment for that vacancy and request that a new list b e e s tablished and, in the interim, that the positi n be filled in any manner pr o vided by these procedures. 5-15-32: APPOINTMENT TO UNCLASSIFIED OR EXEMPT POSITIONS Appointments to xempt or unclassified positions may be m d e o n a non-competitive basis. Appointments sh 11 b m de only from pplic nts determined t o m et th minimum qu lifications Cor the class or position. 2 9 I • • • • 5-15-33: AUTHORIZED AND ESTABLISHED POSITIONS No appointments in the Career Service shall be made except to positions specifically and duly authorized by the City Manager and established and classified by the Employee Relations Director . 5-15-34: TYPES OF APPOINTMENTS Permanent appointments are made from a lay-off list, reinstatement , an eligible list, or by promotion, demotion or transfer to a permanent position. 5-15-35: PERMANENT APPOINTMENTS Permanent appointments are without specified duration and remain in effect until the appointee voluntarily separates, is involuntarily separated, or the position is abolished. 5-15-36: TEMPORARY APPOINTMENTS Temporary appointments without examinations not to exceed twelve (12) months in duration, may be made to either permanent, classified, temporary, or part-time positions. A person appointed on a temporary basis is not eligible for the rights, privileges and benefits conferred through these procedures except as other wise specified. 5-15-37: PART-TIME APPOINTMENTS An appointment of a person on less than a full-time basi s may be made to either an authorized full-time or part-time positi on . Scheduled wo rk hours for a person appointed on a part-time basis shall be less than an average o f 40 hours work ach week. A part- time appointment may be permanent or temporary and may be made without regard to provisions of these procedures. Appointments will only be made from applicants determined to meet the minimum r quire-ments f o r the position. 5-15-38: REEMPLOYMENT A form r employe wh o i ep rated from City employment eith r becau s(he) resigns in good standing or their position com to an end, m y be re mployed in their same or low r classification by the City Man ger , within fiv (5) ye rs from the d te of separation . With the pproval of th Employee Relations Director reemploym nt m y be made without ex mination provided the minimum ual1f1cat1ons for the po ition have been met nd the employee is physicaslly and ment lly capable of performing the duties of the poai i on . 30 I • -• • • If a former employee is reemployed, s(he) must once again serve a probationary period. With the approval of the Employee Relations Director, the former employee may be reemployed in a different class of equal or lower grade for which the employee is qualified. I • • • • • CHAPTER 16 PROBATIONARY PERIOD 5-16-1: GENERAL All appointments to positions in the classified service shall be subject to satisfactory completion of a probationary period. This is applicable not only to the first appointment but also to any subsequent appointment. The probationary period shall be regarded as a integral part of the selection process and shall be utilized for closely observing the employee's work for evaluating the employee's ability to perform the actual duties of the position; for securing the most effective adjustment of a new or promoted employee to the position; and for separating or demoting any employee whose performance or conduct is not satisfactory. 5-16-2: DURATION OF PROBATIONARY PERIOD The probationary period for any original entrance appointment in the classified service shall be twelve (12) months in duration. Permanent employees promoted to higher level position in the classified service shall serve a probationary peri od of no less than six (6) months and no longer than twelve (12) months in duration. 5-16-3: COMPLETION OF PR OB ATIONARY PERIOD The supervisor may recommend to the appointing authority removal of any mployee during the probationary period if observation and evaluation have indicated that the employee is unwilling or un ble to satisfactorily perform the duties of the position, or that the employee's habits or lack of dependability do not merit continuance in the position. Probationary employees do not have th right of hearing to review their dismissal. 5-16-4: PROMOTIONS; PROBATIONARY PERIOD The purp ae of the prob tionary per od following a promotion is the s me a !or original entrance appointments. If an employe fails to p rform s tisfactorily during the prob tion ry period following a promotion and is sub uently dem ted, the employee shall be entitled to return to a position in his/her former claa ific tion at his/her previous rate of pay provid d the de ted mployee had acquired permanent at tus in the form r position. 32 • • .. • • • 5-16-5: PROBATIONARY PERIOD REPORTS Throughout the probationary period, the employee's supervisor will observe the employee's performance and will discuss any strengths and weaknesses in performance with the employee. Prior to the expiration date of an employee's pr obationary period, the supervisor shall complete an evaluation report of the employee's performance and discuss the report with the employee. The evaluation report will state in writing whether or not the employee has performed satisfactorily during the probat ionary period. The evaluation report shall be sent to the Employee Relations Director prior to the expiration date of the employee's probationary period indicating that: (a) The employee's performance is satisfactory and (s)he should be retained in the position; or (b) The employee's cond uct or performance is unsatisfactory and that his/her removal is proposed as of a specific date prior to the end of the probationary period; 5-16-6: COMPLETION OF PROBATIONARY PERIOD Upon satisfactory completion of the probationary period, employees become eligible for consideration for permanent status as may be granted by the appointing authority. Employees may become eligible f o r consideration for merit or other pay increases at such times and in such amounts as the app inting authority may determine t o be appropriate and within these administrative procedures. 5-16-7: DEMOTION OR TRANSFER DURING PROBATIONARY PERIOD An employee transferred o r demoted to another position with similar or lesser qualifications in the same department shall serve a six-month probationary p riod or compl te his current probationary period, whi ch ver is greater. An employee transferred, or tr nsferred and demoted to another p sition with similar or 1 sser qu lifications in a difterent department shall begin a n w prob tionary p riod. An mploy e transf rred or dem ted to another position with substantially diff rent qu lification sh 11 b gin a new probationary period unles the employe already ha permanent status in th t cl ssific tion or a higher cl ssitication in the a me series . 33 • I • • • • • 5-16-8: PERMANENT STATUS An employee who is appointed from an examination eligible list to a permanent classified position shall have permanent status in that position after (s)he satisfactorily completes the required probationary period. Certification to a permanent position shall be by the City Manager or designee after the receipt and review of the employee's probation and satisfactory evaluation. Permanent classified employees shall be granted all the rights and benefits specified in these regulations, ordinances and charter. I • • • • .. CHAPTER 17 PROMOTION, DEMOTION, TRANSFER 5-17-1: GENERAL Vacancies in positions above the entry level in the classified service may be filled by qualified and interested employees within the City service, unless it is determined by the Employee Relations Director in consultation with the department head to be in the best interest of the City service to open the position to candidates recruited from outside the city service. 5-17-2: PROMOTION POLICY City employees are encouraged to develop new skills, expand knowledge of their work, assume greater responsibilities, make known their qualifications for promotion to more difficult and responsible positions, and compete in all examinations for which they are qualified. 5-17-3: METHOD OF PROMOTION An employee may be eligible to be promoted if (s)he meets the qualifications for a position in a classification in a higher pay range and further qualifies by attaining a score satisfactory to the department head and appointing authority on a promotional examination for the position. 5-17-4: DEMOTIONS An employee may be demoted to a position in a lower pay grade for which the Employee Relations Director determines s(he) is qualified when: (a) The position held by the employee is abolished. (b) The position held by the employee is reclassified to a lower grade. (c) The employee is displaced from his position by another employee with more quality and/or length of service as determined by the City M nag r or designee. (d) The employee volunt rily reque ts a lower classification. (e) The employee does not r nder s tisfactory service in the position h ld. A d ted D p rtment Head higher th n the employe was de e ployee's pay r nd th Employee m ximum p y r te ted. te hall be determined by the Relations Director, but shall b for the lower class to which the 35 no • • • .. 5-17-5: DEMOTION DUE TO ABOLISHMENT OF POSITION When the position held by an employee is abolished and the employee has less quality and length of service than any other employee in the same class in the same department, the employee may be demoted to a lower level class for which {s)he and in which {s)he has greater quality and length of service than another employee. When demotion occurs as a result of abolition of the employee's position, the employee's pay shall remain at the same rate in the lower pay grade except that no more than the maximum pay rate for the lower class may be paid. 5-17-7: DEMOTION DUE TO RECLASSIFICATION If reclassification of a position results in its allocation to a lower level and pay range, the employee shall be demoted to the lower level position. When demotion occurs as a result of reclassification, the employee's pay shall remain at the same rate in the lower pay grade, except that no more than the maximum rate for the class may be paid. 5-17-8: VOLUNTARY DEMOTIONS An employee may be demoted to a position in a class with a l o wer pay range upon written request to the department directo r subject t o the approval of the appointing authority. The Empl o yee Relations Director shall determine whether the employee is qualified t o perfo rm the duties and responsibilities of the lower class position. When dem o tion is voluntary, the mployae's pay rate shall be d termin d by the Employee Relations Directo r, but shall be no higher than the maximum pay rate for the lower class . S-17-9: TRANSFERS A position may be filled by transferring an employee fro• a pnsition in the same class or in a different class in the s p y range involving the performance of simil r duties and re uiring e senti lly the am ba ic qu lifications . (a) I TRADEPARTMENTAL TR AN SFER: A Dep rtment Head may trans! r an ployee from one position to another position in the s class ny time. sit ton • • p y th the Tr na er o an emplo yee fro position in one claaa to a ln nother claaa • y be made only between classes ln the r nge , prqv1ded the mployee Relations Director certl iea mployee eta the mini u u 11 lc tiona or th cl ••· I • - • • • • (b) INTERDEPARTMENTAL TRANSFER: A transfer of an employee from a position in one department to a position in the same class in a different department may be made. A transfer of an employee from a position in one department to a position in a different class in another department may be made. Such transfers are subject to the approval of both the department heads and to the Employee Relations Director's determina- tion that the employee meets the minimum qualifications for the class. A probationary period shall be served when an employee transfers from a position to another position. 37 I • • • • • CHAPTER 18 PERFORMANCE EVALUATION 5-18-1: GENERAL Employee performance evaluation and direction are the continuing day-to-day responsibility of supervisors. There is recognition of the need, for a formalized performance evaluation system to assist management in making personnel decisions. The performance evaluation system may accomplish the following: (1) Standards. Provide employees with expected standards and to give them regular feedback on their performance relative to those standards. (2) Examination-Performance Relationshie. Determine if those employees who score the highest on the selectlon test become the higher performers on the job. (3) Promotion. Based in part upon past performance, the evaluation system may allow comparisons among potential promotees in a more objective fashion. (4) Training. Documentation of an employee's strengths and weaknesses may be used in making training decisions, whether this training is formal or informal, on site or off site. (5) Counselin and Career Develo ment. The perfo rmance review process between an employee and the emp oyee's supervisor pr ovides a setting for counseling employees about job performance and career development plans, etc. (6) Demotion or Termination. The evaluation system may be used as partial documentation and justification for the demotion or termination of incompetent employees . (7) Feedback. Th evaluation proc ss can provide valuable information to mployees of th ir atr ngths, w aknes s , and pot ntial for growth. 5-18-2: PROCEDURE FOR ANNUAL EMPLOYEE PERFORMANCE EVALUATION At the end of an mploy e's probation ry period nd t least annually ther after on the mployee's anniversary date, or at such othe r time a m y be designat d, th supervisor h 11 complete an employee performance evaluation form r viewing and evaluating the emplo yee's job perfor ance, con idering any changes that ay have occu rred in the job or other factors which might affec job p rformance, no ing strengths nd capabilities worthy of special en ion, and areal where i•provement is needed. The sup rvlsor nd 38 I • • • • employee will then meet to conduct the supervisor-employee review and discussion. 5-18-3: ANNUAL EMPLOYEE PERFORMANCE EVALUATION Prior to an employee's anniversary date, the employee's superviso r shall conduct an annual employee performance evaluation. The an n ual evaluation is a summary of the supervisor's observation o f the employee during the preceding year, and a summary of the employee's performance in terms of a variety of job-related factors, and whether the employee is performing in those areas at an acceptable or unacceptable level o f competence. The evaluation may a l s o include a plan to develop strengths, identify and improve weak areas, and record the employee's observations of work assignments during the year. Proper use of the annual empl o yee performance evaluation will serve as a means for identifying wo rk requirements and keeping employees and supervisors informed o f them, identifying training needs, helping impr o ve individual performance, reco gnizing o utstanding accomplishments, helping to strengthen employee-supervisor relationships, emphasizing the empl o yee's c o ntribution to the organization's programs, and helping t o identify strengths and weaknesses in the programs. 5-18-4: ANNUAL SUPERVISOR-EMPLOYEE DISCUSSION The supervisor and employee will thor o ughly rev i ew the empl o yee's current position description and o ther wr it ten a s signments t o review and clarify job requirements a n d duties a ssi g n ed and t o no te any ma jo r changes that have taken place in th e e mp lo yee's jo b. The superviso r will note major changes which ma y h av e an i mpact o n the empl o yee's classification o r will reque s t a c h ange t o the empl o yee's po s it io n d s c ription and will s ubmit t h se changes t o the Empl o y e Relati ns Department thr o ugh t he d e partmen t head . Th su p e rv i or nd em p lo yee will th en dl c u ss specific job beh vi o r vid need by the employee du r ing the r ating pe r iod . The supervisor nd employee should also di cuss the e ployee 's career d velnpment plans , special work interes t s , p r oject or s lgnmenta of interest , and p rticular training int rests or need • The employ 's gen r 1 obs rvations of th de partm nt 's p r og r a ms and his ide about i p r oving as lgn ents , funct i ons an d wo r k proced ur es should be particul r ly enco ur aged . The e mp l y ee s hould h v e th oppor unity to discuss a y othe r points nd may attach com ments n the super v is r 'a evaluation . The employee will ce r tify by signing a n d d a lng th e ployee p rfo rmance ev lua ion for that (s)he h s recei v d the e v lu tio n , that it has b n discussed with hlm/her and h t (s)h has r ecelv d a co py o he ev lua t o n form. I • • • • 0 5-18-5: DEPARTMENT DIRECTOR REVIEW The department head shall review the written evaluation of each employee in his department, make appropriate comments, and sign the form. Employees shall have the opportunity to review and comment on any department head's comments. 5-18-6: INTERIM EMPLOYEE PERFORMANCE EVALUATION A supervisor, at any time, may prepare an interim employee performance evaluation to record especially outstanding or inadequate performance. 5-18-7: REVIEW RIGHTS If any employee disagrees with any statement in an evaluation, (s)he may request a review of the evaluation and meeting with by the department head. The employee may attach his written comments to the evaluation form. 40 I • • - • • • • CHAPTER 19 TRAINING 5-19-1: GENERAL It shall be the responsibility of the Employee Relations Director, in cooperation with department directors, employees and others , to foster and promote programs of employee development and training for the city service and in-service training of employees for the purpose of improving the quality of service rendered to the public, and of aiding employees to prepare themselves for advancement in the city service. 5-19-2: IDENTIFYING AND ASSESSING TRAINING AND DEVELOPMENT NEEDS At the time of the annual superviso ry-employee evaluation discussion , the supervisor and employee should discuss areas where training is needed or desirable for improved performance in the employee's present job, or would be helpful in developing additional skills for growth into o her positions in the city service. The supervisor should include a statement of training needs on the performance evaluation form. Department directors should, though contact with the Employee Relations Director and the public community, keep themselves apprised of training programs that may be of help or interest both to themselves and to their employees, and should nominate empl oye es for appropriate training courses . 5-19-3: ADMINISTRATION OF EMPLOYEE DEVELOPMENT AND TRAINING PROGRAMS The Employee Relations Director shall be responsible for: (a) Rec om mending standards for training programs and programs meeting such standards. (b) Assuring that tr 1ning is carri d out s pprov d and pr paring certificates o r oth r forms of recognition to persons who satis ctorily compl te approved courses and programs. (c) Ass1 ting d partment heads in d veloping and conducting training programs to meet th specific ne ds of their departm nt , and in developing and utilizing oth r techniques for increasing mployee ffici ncy. (d) Dev loping and conducting upervisory and man gement training, and other types of tr 1ning and man gement development pro r ms common to all d partment • 41 I • • • • • (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 opportunities in order to assist employees in increasing their efficiency in their present positions, and in the City service. (g) Maintaining records of all approved training programs and courses, and a record of employees who successfully complete such courses and programs. (h) Evaluating the effectiveness of training programs. 42 0 I . • • • • CHAPTER 20 RESEARCH AND EXPERIMENTATION 5-20-1: GENERAL The City Manager may establish experimental programs for the purpose of promoting efficiency, productivity and employee morale. The experimental programs may conflict with provisions of the Career Service System administrative procedures, and may be in lieu of those provisions during the program's trial period. {a) Trial Period: In no case shall the trial period extend beyond two {2) years in duration without amending the Career Service administrative procedures by incorporating the new program herein, or by terminating the particular experimental program. {b) Approval: The City Council shall approve by resolution any experimental program before it is implemented. 4 3 0 I • • • • • • CHAPTER 21 5-21-1: HOURS OF WORK Except as otherwise 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 commencing after midnight Sunday and continuing to and including the following Sunday midnight. The City Manager shall determine the schedules of the various departments and divisions of the City, consistent with the foregoing. Changes in the schedule may be made by the department head or other supervisory employees subject to the City Manager's approval. For employees of the Fire Department assigned to the fire suppression force, the normal work week shall run from midnight Sunday-Monday to the following midnight Sunday-Monday. The City shall determine the schedule for individual members of the fire suppression force which will average (fifty-six or other appr o priate number) hours per week as computed over a twelve-month span. 5-21-2: MEAL BREAKS Employees will be allowed a meal break of a duration determined by the department, which period of break shall be unpaid and shall, to the extent possible in consideration of the needs o f the service, be scheduled more or less during the middle of the wo rk shift. 5-21-3: OVERTIME In the discretion of the department head or other superviso ry personnel, reasonable overtime may be required of employees. The performance of such overtime shall be scheduled at the discretion of the emplo yee's supervisor. • , I . • • .. CHAPTER 22 RECORDS AND REPORTS 5-22-1: CUSTODY OF PERSONNEL RECORDS The Employee Relations Director is the official custodian of all personnel rec o rds and shall be responsible for their safekeeping and retention. For purpo ses of this Chapter, "person in interest• means the person who is the subject of a record or a designated or legal representative. 5-22-2: OFFICIAL FORMS AND RECORDS Records. The official record of all personnel transactions shall be ma1ntained in the personnel office. Any reco rds or copies of records that may be maintained in departmental files shall not be considered to be a part o f the employee's personnel re cord , o r a part of the official personn el files, unless such record is also on file in the person nel office. 5-22-3: PERSONNEL RECORDS INSPECTION Except those records exempted by law, personnel records are confidential records available for inspecti on onl y by the person in interest or who is his supervisor. (a) Inspection. Public personnel records may be inspected during r egu lar work ho urs. Confidential personnel rec o rd s may be inspected by a person i n interest or persons wh o supervise his work during regular work hou rs. (b) Copies of Records. Any person desiring a copy of any public record may have such copy furnished for a •per copy fee• to cover the expense of producing such copy , to be determined by the Employee Relations Director . (c) nd Creation of Oat • The Employee Rel tiona Office Ia not required by th Public Rec orda Law to p rform records re e rch and to co pile data into record in new form. Space and as !stance will be mad vallable to persons wishing to res arch and compil data. (d) Av 11 blllty. Single records re normally v ilable ediately for Inspection . If extensive file search and/or copying n ces ary to make the requ sted recorda avail ble, inspection may b del yed a reason ble time to allow the file search and copying to take place wi hout undue disruption of public service. s • I • • • • CHAPTER 23 SEPARATIONS 5-23-1: TYPES OF SEPARATION FROM CITY SERVICE Separations from positions in the City service shall be designated as one of the following types: (a) Resignation . (b) Involuntary resignation. (c) Layoff or reduction in force. (d) Disability, nonduty. (e) Disability, duty. (f) Dismissal. (g) Military service. (h) Retirement. (i) Death. 5-23-2: RESIGNATION Resignation is the separation of an employee by his/her voluntary act. An employee shall normally give at least fourteen (14) calendar days' notice prior to the effective date of resignation. 5-23-3: INVOLUNTARY RESIGNATION Involuntary res ignation is the separation o f a n employee from the service for reasons other than his/her voluntary acti on and o ther than those specifically listed above, under conditions wh ich are without prejudice to the employee. Involuntary resignation may occu r in the following instances: (a) Rejection of pr obation. An employe who is separated during the Initial probationary period because of inability to satisfactorily perform the duties of the position shall be separat d by involuntary resignation. (b) Ab ent without leave. An employee who fails to return from le ve ol abs nee or who ?ails to report to work for a period of thr e (3) days without authorization may be sep rated by involu tary resignation u 1 ss the Departm nt He d determine that good cau e existed f r th unauthoriz d absenc • (d) Di bilit~. Any e ployee wh o s unable to p rfor his/her jab because of dlaab lity may b aepara ed by involuntary r al na ion. Any City ••ployee •ay b .. • I . • • • transferred, de ted, or laid of f whenever it bec o me s necessary by reason of: (1) Reduction of , e li mination of, or insu fficient funding of positions ; (2) Eli min a tio n o r reduction of the level of functi n or wo rk ac ti v i ties; (3 ) Abolishment o f positions; (4 ) Reorganization for purpose of administrat ion or economic efficiency. The o rder of layoff shall be determined by the City Manager on the basis of the quality and length of service provided by empl o yees i n the affected areas. Any empl o yees wh o have no t yet ac h ieved permanent or regular status shall be laid o ff first, regardless o f performance. Permanent empl o yees who are laid o ff have the right t o be reemployed in their respect i ve class in inverse o rder o f layo ff, provided that such recall occurs within one (1 ) year o f layo ff. The City's obligation to reemploy an employee shall be satisfied if it makes an offer of employment to an employee within a classificati o n for which the employee is qualified. In the event the empl o yee fails to accept the o ffered empl o yment, the o ffer will be deemed as denied and the employee's rights with the City shall i n all respects be terminated at that time. 5-23-4: DISABILITY A Department Head wh o has rea s on to believe that an employee may be physically or mentally impaired t o the extent that the emplo yee's j ob effective n ess i s affe c ted, o r c o ntinuance o n the j o b may be a danger t o the empl o yee o r o thers, may request that the Empl o yee Relati o ns Dire c t o r have the emp lo yee examined by a physician o r o ther pers o n o f medical autho rity. If such a di s ab i lity is di sco veredto be no n jo b relat e d, the f o llo wi ng act io n may be tak en : If the di s a b i l ity is co rr ectable , th e e mp lo y ee shal l be allowed a reasonable specified time as determin e d b y the Emp lo y ee Relations Dir ctor to have it corrected. Such time may be charged to tempor ry disability nd/or annual leav , or , if no temporary disability or annu l l ave bal nc xists , a lea v e of absence without p y y be gr nted . If the employe fails to take steps to have th di ability corrected within this specified tim , th employee m y be terminated from mployment . 5-23-5: MILITAR Y SER VICE (a) Any pe r man nt or probation r y employee who nliat or 1 inducted into the military , nav 1 , air o r oth r r ed ervic a of the United Stat s in time of w r ah ll b entitled to a leave of absence without pay for th dur tion of such w r or until honor bly di charged , whicheve r occurs first , nd for one (l) year there fter . (b) Any ploye who hall be of the National Guard or 4 7 • , I • • • • • any other component of the military forces of the State, now or hereafter organized or constituted under the State or federal law, or who shall be a member of the reserve forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment with ou t loss of pay, seniority, status, efficiency rating, vacation, sick leave or oth er benefits for all the time when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. (c) Such leave shall not be allowed unless the employee returns t o his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited f o r such leave, unless he is prevented fr o m so returning by physical or mental disability or other cause not due to his o wn fault or is required by proper authorities to continue in suc h military service beyond the time herein limited f or such leave. (d) Subject to provisions A, B, and C above, the City shall pr o vide full pay to an empl o yee granted military leave, less whatever wages the employee may have received by the military for such service. 5-23-6: DISMISSAL Dismissals are discharges or terminations for just cause, which shall include, but not be limited to, misconduct, refusal o r inability to meet prescribed standards, insubordination, o r willful violation of departmental, City, o r Career Service System rules and regulations. Empl o yees who are dismissed shall be paid f o r al l accrued annual leave and other auth o rized benefits. 5-23-7: RETIREMENT An employee aepar ting in accordance with provisions of any retirement pl n applicable to City employ es shall be deemed to have retired. Employe a applying for regular or arly retirement should apply ix (6) nths prior to there exp cted effective dat of retirem nt. 5-23-8: DE ATH Sep ration shall be effective a of th date of the employee 's de th. The City , in th cas of a d th of an employee , shall pay to the named beneCiciary, if living; or, if no beneflci ry is named or the b neficiary is deceaned, then shell pay to the present wife or husband; and n case there is no present wife or husband, then th child or children, provided that when the child or children be under the age of eighte n (18) years, the p yment shell be m de to the child 's uardian or as otherwise provided by • ord r fro• a • I • -------------------------~,---------------------------~---------------- • • • court of competent jurisdiction; and in the event that there is no child or children, then to the father or mother, any wages, terminal leave, traveling expense reimbursement or other monies which may be due the employee at the time of his death. 4 9 I • • • • • CHAPTER 24 CORRECTIVE AND DISCIPLINARY ACTIONS 5-24-1: GENEHAL A department head is responsible for the proper and efficient operation of his/her department and for enforcing all policies and regulations. It is the responsibility of all employees to observe the policies and regulations necessary for the proper operation of the department in which they work. It is expected that department heads and supervisors will confer, interact with and direct on a regular basis the departmental employees in the day to day operation of their departments. This constitutes normal management process and is neither corrective nor disciplinary action. Corrective or disciplinary action may be imposed upon an employee for conduct or actions which interfere with or prevent the effective and efficient performance of a department's responsibilities. The purpose of such corrective or disciplinary action shall be to effect correction of employee conduct and to be punitive when appropriate. The decision to administer corrective or disciplinary acti ons shall take into consideration the nature, extent, seriousness, and , effect o f the act, error, omission committed; and the type and frequency of previ o us undesirable behavior. 5-24-2: AUTHORITY FOR CORRECTIVE OR DISCIPLINARY ACTION The department head may be authorized by the City Manager to apply such cor rective and disciplinary measures as may be appropriate and necessary. In the cases of suspensions, demotions, and dismissals, the department head shall first consult and gain the concurrence of the Empl o yee Relati ons Director before taking action. This requirement for concurrence is not intended to relieve the department head of responsibility nor to preclude the immediate suspension o f ar. employee when an emergency situation or other circumstances make it impractical to obtain prior concurrence. 5-24-3: CORRECTI VE ACTIONS AND DISCIPLINARY ACTIONS Corrective Actions are primarily intended to c rrect r.d improve n mploy 's job performance and attitud s and ar not intend d to be punitive . (a) Correctiv actions include oral reprimands and written reprim nds. (b) Correc iva action may be t k n with reg rd to employees wh o di pl y inability to perform their a signed duties , a well as far causes lis ad in S ction 5-24-4 wh n pproprl te. 50 • I • • • • (c) Corrective actions may be administered concurrently with a disciplinary action. Disciplinary Actions are those personnel actions administered against an employee for an offensive act or poor job performance, which actions adversely affect the current pay, current status, or tenure of the employee. (a) Disciplinary action penalties include suspension, demotion, and discharge of an employee. (b) Disciplinary action may be administered concurrently with corrective actions. 5-24-4: REASONS FOR CORRECTIVE OR DISCIPLINARY ACTION Any of the f o llowing violations are considered just cause relating to the perf o rmance or other factors as grounds for corrective o r disciplinary action including oral reprimand, written reprimand, suspensi o n, demoti o n, discharge, depending on the seriousness of the o ffense and o ther circumstances related to the situation. These o ffenses are illustrative and not all-inclusive. (a) Willful neglect in the performance of the duties of the p o siti o n t o whi c h the employee is assigned. (b) Disregard f o r or vi o lati o n of city ordinances, departmental policie s a n d regulati o ns, in c luding saf e ty rules. (c) Willful mi s use, misappro priati o n, negligen c e o r destructi o n o f city pr o perty o r c o nversi o n o f city pr o perty t o p e rso nal usc o r gai n . (d ) Frequent tardines s o r absen c e fr o m duty wit ho ut pri o r appr o va l . (e) Vio la tion of a n y r easona bl e o r of f ici a l o rd er , refusal to ca rry out la wful and reasonable di r ec t io n s gi ven by a p r ope r supervisor , or other acts of insubo r din a tion . (f) Intoxication or use of alcoholic b v e r ages , or abus of n rcotlc , drugs or other controlled substances while on duty , or reporting for w rk while unde r the influence of alcohol or na r cotic or restrict d subst nces . (g) Physical or m nt 1 neap city. (h) In ubordin tion (including , but no t li mited to r fus 1 to do assigned work). (i) Criminal , dish nest or oth r conduct which interfe r with effective jnb performance or he an ad v e r se effect on the efficiency of City a rvice. 51 • I • - ( • • • • gain. (j) Violati o n o f privileged information or its use f o r private (k) Incompetent or unsatisfactory performance of duties. (1) Knowingly giving false statements to supervisors, other officials or the public. (m) Any conduct, on or off duty, that reflects unfavorably on the city as an employer. (n) Membership in any organization which advocates the o ver-throw of the government o f the United States by force or violence. (o) Discovery o f a false statement in an applicati o n o r in any o ther d o cument used t o obtain empl o yment which had n o t been previously discovered. (p) Accepta n ce o f gratu i ties t o the extent pr o hibited in Section 5-26-1, et seq. (q) Refusal t o b e exam i ned by a c i ty physician or other designated med i cal aut ho r i ty o r when s o di r ected. (r) Po l i ti c a l ac ti vity v io lati o n a s o utlined in Secti o n 5-26-1, et s e q. (s ) Refusal to sign t he Cit y l o ya lty o ath . (t ) Par ticipation in a st r i k e , a s de fin ed by the C i t y Cha r ter. (u ) Unautho r ized s l ee p ing on d uty. (v ) Possession of u nautho r ized fi r e a rms o r o th er dange r o u s weapons while on duty or in employee loc k er , d esk , etc . (w) Inability to p rfor as igned duti due to failure to meet or retain job qu lificatlons , including but not limited to failure to pass r quired te t • (x) Discourteous, off n iv , or abusive conduct or language to ward other employ s , supervisor or th public . (y) Any other conduct or ction of such seriousn s th t disciplin ry ction consid red w rranted . 52 • I • • ....... ( • • .. 5-24-5: MEETING WITH EMPLOYEE When information received by the appointing authority or designee indicates the possible need to administer disciplinary or corrective action, (s)he shall meet with the employee involved, present the information that has come to his/her attention, and give the employee an opportunity to admit or present information regarding mitigating circumstances. It is not intended that this meeting constitute a formal hearing but only an opportunity for parties to meet and exchange information. If the employee wishes, (s)he may submit a written explanatory statement to the appointing authority or designee which shall be attached to and kept with a copy of the disciplinary or corrective action. The appointing authority's or designee's determination of the action to be taken shall be based upon the information obtained from the employee and other appropriate sources and upon the circumstances of the case. 5-24-6: ADMINISTERING CORRECTIVE ACTION (a) Oral Corrective Action. Whenever grounds for corrective action exist and the superviso r determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the superviso r should orally communicate to the employee the supervisor's o bservation of the problem and offer assistance in correcting the situation. When an oral corrective action is given, the supervisor should ensure that the employee's departmental personnel file is documented to show date of the corrective action and the nature of the corrective action. The employee should be advised that the corrective action will be documented in th employee's departmental file. (b) Written Corrective Acti on . When the supervisor determines that a written corrective action Is appropriate and necessary, the corrective action shall be addr ssed to the employee and shall include the viola nn; the specific beh vier and the dates of the behavior (when appropriate) that aupport th charge; the warni ng that continuance of this beh vior will result in disciplinary action; nd an offer of ass stance in correcting the behavior. A signed copy of the corrective action by the sup rvisor shall be ncluded in the employee 's official personn 1 file in the Employe Rel t ona office , and the employee shall h ve the oppo r - tunity to submit written comments in reapon e to the corrective ction to be included in the file. 53 • I • • • .. 5-24-7: ADMINISTERING DISCIPLINARY ACTION (a) Suspensions. The appo inti ng a uth o rity or designee may suspend an employee with or without pay in the following situations: 1. Investigation. Whenever the appointing authority or designee has reason to believe that an employee may have committed a serious violation or offense, but sufficient evidence is not yet available to make a proper evaluation and determination of appropriate final action, the appointing authority or designee may suspend an employee for a period of time determined by the appointing auth o rity o r designee pending investigati o n. 2 . Disciplinary Action. designee determ1nes that suspensi o n action for a vi o lation, an empl o yee depending o n the seri o usness o f the When an appointing authority or is an appropriate disciplinary may be suspended fr o m duty o ffense. 3. Misdemea no r o r Fel o ny. When an empl o yee has bee n charged with a crime classified as a misdemean o r or fel o ny, the appointing auth o rity o r designe e shall review the nature o f the empl o yee's offense; make a determinati o n o f the impact o f the crime o n the ability o f the empl o yee t o pr o perly perf o rm the duties o f his/her position in a satisfacto ry manner o r if the o ffense reflects unfavo rably o n the City. 4. Emergen c y Sustensi o n. If a situati o n exi s t s which ma ke s i mmed ia t e s uspens1 o n o a n empl o y e e ne c essary bef o re co n c urrence can be o bt a i n ed, t o per se rve the h e alth and safety o f t h e empl o yee o r o ther s o r t o c o ntinue v i t a l services t the publ ic , o r t o c o nt in u e a ci ty fu nc ti o n with o ut seri o us disrupt io n, a s upe rvi so r ma y mak e such an immediat e suspe nsi o n. Any s u c h e me rgen c y suspension must b e r e po rt d t o the appoi nting aut ho rity o r d esign e e f o r conc urr ence at the e arlie s t poss ibl e t i me . 5 . Notice of S u s p e n sion . On o r b e f o r e t he effec t i v e d ate of t he suspension , the su pe rv iso r will pr ovide the mp lo yee with a writt n st tement setting forth the reasons for the suspension , th ffective dates of th susp nsion nd the dat th mploy should r turn to work . The at tement sh 11 include the ch rge; th sp c fie b h v or that supports the ch r ; the warning that continu nee of this beh vior will re ult in more severe di ciplinary ction; and an offer of a sistance in cor r ecting th beh vior . 6 . The ppolnting authority or d signee may determ ne tha d m tinn of n employe to a position in a lo we r pay gr de is a prop r action to carr ct a situation . In such c se , th appointln uthori y or d signe shall urniah the employe with a a a em nt oC the rea ons for such c ion nd the e fective date . The ata shall e orth th rea ona for th proposed de ton, 54 I • - • • • • previous warnings, if any, and c o unseling and attempts t o c o rrect the problem if applicable. 7. Discharge. An empl o yee may be discharged when reasonable attempts at corrective acti o n have been ineffectual, or when the seriousness of and the circumstances surrounding the offense leave discharge as the appropriate action. A discharge shall be effective after the appointing authority or designee has presented the employee with the reasons for the discharge in writing with a summary of the employee's actions which support the reasons for the discharge. 55 • I • • • • .. CHAPTER 25 CONFERENCES, COMPLAINTS AND APPEALS 5-25-1: GENERAL It is a mutual obligation on the part of administrative, supervisory and nonsupervisory employees of the City of Englewood to provide efficient and c o ntinuous service to the citizens of the city. Free discussion between employee and supervisor will lead to a better understanding by b o th parties as to policies, practices and procedures which affect all employees. This will tend to identify and eliminate conditions which may cause misunderstanding. 5-25-2: POLICY Complaints, conferences and appeals constitute channels of communication, informing top management of employment concerns which employees feel strongly.This type of procedure, used constructively, is to the city's advantage. Every conference, complaint, and appeal will be received, heard and considered seriously and, to the extent possible, will be utilized to improve mutual understanding and relationships, and to define the problem that lies behind the situation, and to consider what constructive steps can be taken to solve it. The basic objective is the achievement of sound and fair settlement of the problem. 5-25-3: CONFERENCE A c o nference is a statement of employee dissatisfaction about some action, (exclusive of adverse actions) event or condition in the work environment which the employee feels it is necessary t o make known to his supervisor. Employees should use good judgment in requesting a conference with a supervisor. Supervisors should be open to conference requests and are encouraged to structure procedure which will facilitate presentation of reasonable concerns of employees. Resonableness shall be the guide for all concerned . 5-25-4: CONTRACT GRIEVANCE Those mployees cover d by a collectively bargained contract may file a grie vance on the subject matter covered by the contract and pursuant to the gri vance procedures contained in the contract. Thos subjects grievable under a collective bargain d contract may not be th subject of thes r gulations complaint proc dur , even though the regulations would othe rwise permit such a complaint. 56 • I • • • • • 5-25-5: COMPLAINTS An awareness of the underlying cause of complaints and prompt reso lution of these causes is advisable for effective, harmonious employee relati o ns and effective performance of an organization . The procedure below has been established to effect this purpose . 5-25-6: COMPLAINT RESOLUTION PROCEDURE Those employees not covered by a collectively bargained c o ntract may file a complaint alleging a violation , misinterpreta- tion , or misapplication of the resolution under which they are employed or of these ordinances or city or departmental written rules . Merit appeals are covered by 5-25-8 and not included hereunder . (a) General Provisions. All full-time, permanent, non- bargaining un1t city employees have the right to use the complaint procedure. Complaints shall be settled equitably, fairly and promptly. Complaint procedures shall not apply to disciplinary suspensions, disciplinary demotions , dismissal or reassignment with out reduction in pay. It is intended that the complaint procedure pr ovide a more informal and expeditious manner of resolving disputes. Formal complaint procedures may be recorded by other methods at the discretion of the City Manager. party-in-interest may request and, upon payment for, of minutes or recorded transcript. machine or Any obtain a copy At the last step in the presentation of his complaint, t he employee may have any person of his/her choice represent him/her. An employee and his/her representative shall be allowed appropriate time off fr o m regular duties with pay for attendance at scheduled meetings under the complaint procedure with the specific permission of their respective supervisors. If the employee fails to submit his/her complaint to the next higher step within the prescribed time limits, it shall be assumed that the complaint has been satisfi d. Should a d cision not b rendered with n the prescr bed time limits, the mploye may immediately appe 1 to the next step . Noth ing in th complaint procedure shall b con trued to prevent discus ions or me tings to clarify f cts in the c e or resolve the compl int. 5-25-7 : COMPLAINT RESOLUTION PROCEDURE nn. 57 I • • • • STEP I. Within seven (7) days after its occurrence, or the date on which the employee should have become aware of it, the empl o yee shall discuss his/her complaint with his/her immediate superviso r. If the supervisor is unable to resolve the problem, he shall refer the employee to the management person at the lowest level capable o f providing relief. The complaint shall be discussed verbally and, if settled , no further action is necessary. Formal Res o lution . STEP II. If the complaint is not resolved on an informal discussi o n basis , the complaint shall be reduced to writing and signed by the employee and submitted to the immediate supervisor. Employees sho uld explain in writing the nature of the dispute (including the provisions of the ordinance or resolution applicable), what attempts the employee took to resolve the dispute, and the requested remedy. The immediate supervisor shall meet with the employee and investigate the c o mplaint and provide a written response to the employee within ten (10) working days of the date of submission. If unable to provide relief, he shall forward the c o mplaint to the department head. STEP III. With five (5) wo rking days from receipt o f the supervisor's written respo nse, the empl o yee, unless satisfied with ) the supervisor's response, s hall submit the complaint in writing to the appr o priate department head. The department head o r designee shall promptly meet and discuss the c o mpla i nt with the empl o yee and additionally, investigate the co mplaint. The departmen t head o r de s ignee shall submit a written an s wer t o the empl o ye e wi thin ten (10) working days o f c o mplain t rec eipt un l ess a longer pe ri o d is mutually agreed upon, anq shall render a written de c is io n stat ing the reasons f o r the decision. STEP IV. If the c o mplaint is not settled at th e d epartment h e ad level, the employee, within f iv (5 ) wo rking day s fr o m re ce ipt o f th e d epartment head's an s wer, s hall s ubm i t the complaint i n writi ng t o t he City Manag e r. The Ci ty Man ager o r design e ma y conduct an in v est igati o n a nd hold an in f o rma l h e ar ing to secu r e addi t ional in f ormation (s)he believes nece sa r y i f dee med ppropr iate and shall pro v ide an answer to th employee within ten (10) working d ys unle a l o nger p riod is mutually agreed upon . The City Man g r o r designee shall sub it a written answer to the employee which shall state the pr o ble•, the pplicable policy or regulation and th rea on f o r pplying the policy and the decision . The answer shall b final and the c o pl a nt shall be conaid r d r solved . A copy of th City Manager 's determination shall be provided to the employe , his/her sup rv iaor , dep rt ent head nd Director ot Emp loyee Rel tiona. IC the diapu e is r esolved a any earlier step in the resolu i o n procedu r , a wr itten at tement to th t effect should be m de and ai n d b y the ••ploy • nd p r eaent d to he employee 's d part nt h ad. A copy o the r eaolved diapu t e shall also be provided to the Dir ctor o •Ployee lations . 5 I • • • ,. MERIT APPEALS 5-25-8: MATTERS OF APPEAL Because of the importance of certain subjects covered by this merit system, there is provided an additional channel of appeal to the Career Service Board. Any full-time permanent classified employee may appeal to the Board to determine only whether there was proper applicati on of these merit system principles with respect to: (a) whether an employee was selected or advanced on the basis of his/her relative ability, knowledge and skills or (b) whether the employee's job has been properly classified in the established classification plan of this merit system. The Board is without jurisdict ion to hear or determine any employment d isc rimina tion c o mplaints. Any allegations of employment discrimination shall be made to the Employee Relations Director within ten (10) days of its occurrence. The City Manager or designee shall hear the matter at Step IV of the complaint procedure. 5-25-9: MER IT APPEAL PR OCEDU RE A merit appeal must be made in writing within five (5) days of the selection, advancement, or classification decision and filed with the Employee Relations Directo r. With shall rev designee t reduced t of filing a merit appeal, the employee with the Employee Relations Director or re lve the appeal . If res ol ved, it shall be si;n d by th appellant . If by the Employee Relations Director, ten (10) days o f the Employee Relat ions n, may appeal in wr iting to the Board . The appeal sha e la1n th n ture of the dispute (including applicabl ordinance pr vis1or ) what attempts the employee took to resolve the appea and th request d remedy . Th B ard shall et th appeal for hearing within thirty (30) days of its r cefpt. The Board shall first determine whether the subject atter of th app al is within th t permitted by Charter and the e r gulati ons . Any rec o rd below shall b a part of the record before the Board or h aring o leer. The hearing held by the Board sh 11 b fundamentally fair and comply at least with that process established in '69 E.M.C. 1-7-7. With n twenty (20) days aft r th conclusion of the hearing, the oard shall 1 sue it decision. Upon review, the hearing officer or ard sh 11 hold th action b low to be prop r pplica- tion of th rel vant ordinances unless it deter inea: 59 I • • • • (1) there was misapplication of existing merit system regulations governing the action of selection or advancement on the basis of the employee's relative ability, skills, and knowledge, or there was misapplication of existing merit system regulations governing job classification; (2) In the exercise of any professional judgment, the Employee Relations Director abused his discretion. The Board shall forward to City Council its decision which shall state the problem, the applicable policy or regulation, the reasons for applying the policy and the decision of whether the regulations were properly applied. The Council promptly shall f or ward the decision to City administration with appropriate remedial instructions. DISCIPLINARY APPEALS 5-25-10: SUBJECT MATTER OF APPEAL A full-time, permanent, classified employee may appeal to the Board to review his disciplinary suspension, disciplinary demotion or disciplinary discharge. The Board shall hear the employee's disciplinary appeal with respect to only whether his suspension, demotion, or discharge was for cause which relates to the performance of duties, personal conduct, o r any other factor detrimental to the City and/or any other just and reasonable cause. 5-25-11: APPEAL PROCEDURES (1) Notice of adverse action. Concurrently, or in advance of action to suspend , demote o r dismiss an employee, an appointing authority shall notify an employee of the action being taken, the reas ons for the action stated in sufficient detail for understanding, the mplnyee 's right of appeal, and the manner in which the app al may be initiated. Failure of the appointing authority to give timely notice shall have the effect of delaying the action u til proper notice is given but shall not invalidate the action. (2) Tim limit for appe 1. Th appeal by an employee sh 11 be mad within seven (7) working day after receipt of the notice of adverse ction or of the occu rrence of the event giving rise to the ppeal. filing w h th limit. (3) Method of filinS apt al. Appeal sh 11 be m de by written request for ae r ng. Such requ st h ll be filed Career S rvice Bo rd secreta ry within the prescribed time (4) Schedulint of ~p l • The Board o r H r n 0 fie r sh ll schedule ppe la be ore t em within thir y (30) days unless longer im is r d to by he p r lea, lving due consider nn to 0 I • • • • the availability of Board members or Hearing Officer, the availabil- ity of the parties, the complexities of the specific case, and the workload of the Board. The Board or Hearing Officer shall issue its decision within 20 days of the conclusion of the hearing. (5) Postponements. Postponements may be granted only for good cause. Schedullng of cases will initially attempt to accommodate the needs of both parties in arranging their schedules and making adequate preparation. Postponement beyond the scheduled date will only be in recognition of unforeseen and unavoidable circumstances. (6) Subpoenas. Subpoenas for attendance at hearings may be issued upon request of the parties. The request for a subpoena must contain the names and addresses of those to be subpoenaed and the reason for the necessity of such a subpoena. Requests for subpoenas and for production of any books, records or papers pertinent to the hearing shall be made to the City Employee Relations office at least ten (10) days prior to the hearing date and must be served at least two (2) days prior to hearing. The Board chairman or hearing officer shall issue subpoenas. The Municipal Court shall enforce supoenas by compelling attendance. (7) Representati o n. Any party o r person appealing t o the Board shall have the right t o be accompanied, represented or advised by an attorney. Any designated attorney should file a notice of representation with the Employee Relations office as so o n as possible after being so designated. 5-25-12: CAR EER SERVICE BOARD (1 ) Hearings bef o re the Career Service Board shall be conducted informally and generally in a ccordance with the CRS 1973, 24-4-105, and shall n o t be b o und by formal co urt procedures. (2) The Car e er Se r vice So r u o r its hear i ng of f ice r shall have the po wer t o: a . Adm iniste r oa th s and a ffi rmat io ns; b . Issu subpoen a es for a tten da nce a nd com p el the production of books , reco r ds and pa p ers ; c. Rule upon offers of proof and r eceive relevant evidence; d. Call and uestion witness a; Regul te the course of the he ring; t. Hold conferences for the settlement or simplific tion of the 1 sues by con ent of th p rties; g . Dispose of p r ocedural reque ta or a ilar m tters; nd h . M ke final deciaions aubject to judici l review. l I • ....... • • .. (3) Each party sha ll h ave the right to present his/her case by oral and/or documentary ev i de nc e, to submit rebuttal evidence, and to conduct such cr o ss -e xam in ati o n as may be required for a full and true disclosure o f the fac ts . No ex parte material or representa- tion of any kind shal l be received or considered by the Board or hearing officer. Each party is entitled to an impartial Board or hearing officer. (4) A hearing may proceed in the absence of the appointing authority. If the appellant, after due notice, fails to be present, or fails to obtain an adjournment, and within five (5) days does not provide good cause therefor to the Board, the appointing authority's action shall be presumed to be valid. (5) The Career Service Board may grant continuances or adjourn the hearing from time to time upon its own motion, upon joint request of the parties, o r upo n the request of one (1) party for good cause shown. (6) A party who does not testify in his/her own behalf may be called and examined by the adverse party or the Board as if under cross-examination. (7) Board members mu s t be present when the Board is called to order and must be present t hroug h ou t t he wh o le proceeding in order to take part in any o f the proc eed i ng, i nc l ud i ng deliberations and the final vote. Any Board member n ot present throughout the whole proceeding may take part in the pr o ceeding's final v o te if (s)he has read the transcript or l i stened to the recording of the proceeding froa which (s)he was absent p r i or t o taking part in said delibera- and vote. (8 ) Each deci sion shall inclu de a s tatement o f findings and co nclusi o n s upon a ll t he ma t ri a l i ssue s o f fact, ordinance, o r discreti o n p r e s e n t e d by the reco r d and th e appr o priate rule, s ancti on , r e l ief or den i al thereof . (9) He ar ing officer's d cision may be appealed within t en (10) days to th Board for revi w pur uant to Section 5-3-J(d)-(h). (10) Each decision shall be served on each party by personal service or by mailing by first-class mail to the last address furnished the oard by such arty ard shall be effect ve as to such p rty on the date mailed or auch later date as is stated in the decision. 2 I . • • • CHAPTER 26 5-26-1 : COND UCT OF EMPLOYEES Code of Conduc t . Empl o yees of the City of Englewood government are employed to pro vide service to the citizenry of Englewood and the public in general and are expected to conduct themselves in a manner that wi l l reflect credit on the City government, public officials, fellow employees and themselves. All e•ployees must avoid any action which might result in or create the impression of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting public business. For purposes of this chapter, all elected officials and members of boards and commissions are public officials and not employees. 5-26 -2: POLITICAL ACTIVITY All employees are entitled to exercise their rights as citizens to express their opinions on all political subjects and candidates, t o vo te as they choose, to hold •embership in and suppor t a po l it ic a l par ty , to maint ain po li t i cal neutrality, t o attend polit i ca l meeting s , a nd be a c andida t e for political party o ffice. Cl a s s i fied employee s a nd thos e un c lassified e•ployees in exe•pted posi t i ons may not : (1 ) Hold po li t i cal off ice . Any ••ployee becoming a candidate for electi o n to any part i san po l itical publ i c office shall take a leave o f absence fr o m hi s posit i on. Any e•ployee appointed to fill a vacan c y i n a n el ec tive o r appoin ti ve office of Englevood City go ver nme n t ••Y be p laced on le av e o f ab senc e from his/her position f or the d ur a tion of the ap pointment. (2 ) Pa rtici pate in the ma na g e •ent, affairs or politica l c a•pa ign of any candidate for politica l office during work hours. (3) Solicit any assessments, contributio ns o r servic es f o r any political party during work hours. (4) Use official authority or influence for the purpose of interfering with or affecting the result of an election or no•1natlon for o ffice. An e•ployee occupying a position fund e d in whole or in part by federal monies shall be subject to the f e d e r a l Ha tch Act except when that Act is in conflict with this section, in which c a s e the more strlngen shell apply. OUTSIO (1) City eaploy•ent shall be considered the pri aa ry • ploy•entl nd no ••Ployee •ay engage in out•ide e aployae n which tn any aanner tnt rferes with prop r and effective job pe rfora•nc e , • I • • • .. results in a conflict of interest or whi ch may sub j ect City government to publ ic criticism o r embarr a ss ment. A maximum number of hours weekly of outside employment may be established by the City Manager and such may vary am o ng departments. (2) An employee is prohibited fr o m performing an act, in o ther than one's capacity as a City employee which may later be subject, directly or indirectly, to control, inspection, review or audit by such employee or by the City Department in which the employee is employed, unless specifically appr o ved by the City Manager. (3) An employee is prohibited from transacting business with the City or any of its agencies in the course of his/her secondary employment or business. (4) Approval to engage in ou tside employment must be obtained in writing from the emplo yee's department head. If the specific conditions of the outside empl o yment change, a new request for approval must be submitted. Failure to secure required approval may cause an employee to be suspended or discharged. Appr ov al will at all times b e subject to review and cancellation . (5) Disapproval of a request or cancellation of an existing appr o va l may be appealed to the City Ma nager . 5 -26 -4: GIFTS AND GRATUITIES (1) No employee shall solicit or accept any gift, gratuity, favor, entertainment, loan or any other item of monetary value from any organization, business firm or person wh o has o r is seeking t o obtain business with the City of Englewood government or from any o rga nization, business firm or individual whose inte rests •ay be affected by the employee's performance or nonperformance of offici al duties. This restriction is not intended to prohibit e•plo yee s from obtaining loans from licensed lending institutions. Should an employee receive any gift or gratuity or other thing of value under this section whi ch practically cannot be returned, it shall immediat ly b turned over to th City and become City property. (2) Acceptanc of no inal 9 fts in keeping with special occasions, such a arriage, retirement or illness; food and refresh ents in the ord nary cours of buaine s •eetings; un elicited advertising or promotion 1 mat rial, .g., pens, notepads, calendar , etc., or oci 1 courtesies whi ch promote good public relations is p rmitt d. (3) Contributions made for flower funds or special gifts for fellow employees are not prohibited. However, participation in such activities, including contributions for even nominal gifts to sup rvisors, mu t be wholly voluntary on the part of each e•ployee and any gif s should be of minimal value. 4 • I • • • • • (4) Supervisors, in addition , must avoid placing themselves in a p osi tion which could in t e rf e re wi th , o r create the impression of interfering with, the objective e v aluation and direction o f their subordinates. No supervisor shall borrow money or accept favors from subordinates. (5) Inspect o rs, contracting officers and enforcement officers must be particularly careful t o guard against relati o nships which might be construed as evidence of fav or itism, coercion, unfair advantage or collusion. (6) This Secti on does not preclude: a. Re ceipt of awards for meritorious public contribution given by a nonprofit o rganizati on ; o r b. Re ceipt of honoraria o r expenses paid for papers, talks, demonstrati ons , or appearances made by employees with the approval of the appointing authority , or on their own time for which they are not pr ohibited by this Code. (7) Receip t of items which may benefit a department, such as capital items, should be received by the City Council as pr o vided for in Secti on 80 of the City Charter. 5-26-5: CONFLICT OF INTEREST (1) No publi c office r or emplo yee shall solicit or accept anything of value to the recipient, including a gift, loan, reward, pr omise of future employment , favor or service: a . That would cause a reasonably prudent perso n t o be influenced in the discharge of official duties; b. That is based upon any und rstanding that the vote, official action or judgment of the public o fficer, employee or candidate would be influenced thereby . (2) No public officer or mployee, or his/her spouse or minor child shall, at ny time, accept any comp nsation, paym nt or thing of value when uch public officer or employee kn o ws or, with the exercise of reason ble care, hould know that it was given to in!lu nee a vote or other act on in which the officer or mployee was expected to participate in his/her official capacity. (3) No employe sh 11 corruptly u or attempt to use hi /her official position or any property or re ource wh ich m y be within hi /her tru t, or perform his/her ofCiclal duties, to secure a special privilege, benefit or ex mp ion for him elf/herself or others. 5 • I • • • • (4) No employee shall have or hold any employment or contractual relati onship (personal services) with any business entity or any agency which is subjec t to the regulati on of, or doing business with, the City of Engle wood , excluding those organizations and their officers, who, when acting ·in their o fficial capacity, enter in or negotiate a collective bargaining contract with the City of Englewood; nor shall an e mplnyee have or hold any employment or contractual relati onship that will create a conflict between his/her private interests and the performance of his/her public duties or that would impede the full and faithful discharge of his/her public duties. (5) No employee shall disclose or use information not available to memb e rs of the general public and gained by reason of his/her official position or benefit or for the personal gain or benefit of any other perso n o r business entity. (6) It is not the intent of this section, nor shall it be construed, to prevent any employee of the City of Englewood from accepting other employment or following any pursuit which does not interfere with the full and faithful discharge of such employee of his/her duties to the City. (7) The foreg oing pr o visions shall be construed to be consistent with state l aw regarding conflict of interest. Notwithstanding anything herein to the contrary, employees are bound by all state laws respecting conflict of interest, including, but not limited to, any required disclosure o f financial interests. 5-26-6: BUSINESS ACTIVITIES AND SOLICITATION No employee shall engage in any business or solicitation other than hi s/her r gular duties during working ho urs, including such activitie s as selling to fellow employe s , lending o f mo ney f o r profi t, etc. 5-26-7: PRIVILEGED INFORMATION Employee may d 1 with plans , prog r ams and informatio of ignificant publtc interest. Employ es must not use thi privileged lnforma ion for th ir own financl 1 dv ntage or to provid any other p rson wi h financi 1 adv ntage , or with inform tion which could b us d for financi 1 adv nt ge. If n employee finds that he/sh has an out id financi 1 int re t wh ich could be affect d by City plans or activities, he/sh must immediately report the itu tion to his/her supervisor . Each employe is charged with the responaibili y of n rln the he/she rele s only information that he/sh has au hority end res n ibili y o r eleas and th t should be ade av 11 bl h en r l public. Violation of privileged infor tion n r use for privet ain ust caus for di missal. This sec inn hall n b c to b n confl ict with the State Pu lie R cor s Ac • • I • ( • • • 5-26-8: FAMILY EMPLOYMENT RESTRICTIONS No member of the immediate family of an employee may be employed, promoted, demoted or transferred on a permanent part-time, o r temporary basis, to a position where that relative would be supervised by or supervising, influenced by or influencing, the activities of that employee. "Immediate family" is defined as blood, marital or step relative, including father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mo ther-in-law, son-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, or any ward of an employee living within the same household. 5-26-9: UNLAWFUL ACTS PROHIBITED Any employee of the City of Englewood who knowing'ly violates any of the provisions of this section shall be subject to dismissal from his/her position in the City service. Violati o n of any of the provisions of this section shall be considered to be just cause for dismissal from employment with the City of Englewo od . (1) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification or appointment made under any provisions of th se rules and regulations or in any manner commit or attempt to commit any fraud preventing the impartial execution of these rules. (2) No person shall, directly o r ind rectly, give, render, pay, offer, solicit or accept any money, ervic o r other valuable consideration for any appointment, proposed appointm nt, promotion or proposed promotion to, o r any advantag in, a position with the City of Englewood governm nt. (3) No emplnyee shall defeat, d ceive o r obstruct any person in their right to ex minatlon, eligibility, certification or appointment under these proc dures, or furnish to any person any special or confidential information for the purpose of affecting the rights or prospects of any person with respect to employment in the City service . S-26-10: LOYALTY OATH All per ons who now or h re !ter are e ployed by the City sh 11 be r uired to take the City loyalty oath . Pen lty for refusing may includ , but is no t limited to, the i edl te discharge of s id person. 67 • • • , • • • • 5-26-11: USE OF CITY PROPERTY No employee shall misuse City time, facilities, equipment, or supplies for private gain. It is the duty of every employee to reasonably protect and conserve all City property entrusted to him/her. 8 • I • • • • • Section 2. SAVINGS AND REPEAL CLAUSES. If any provisi o n o f the Career Service System rules and regulations or order thereunder, or the application of such provision to any person o r circumstance shall be held invalid, the remainder of the Career Service System rules and regulations or order to any person or circumstance, other than those to which it is held invalid, shall not be affected thereby. All laws or parts of laws and rules in conflict with the provisions of these rules and regulations are hereby repealed , insofar as the same conflict with the provisions of these rules and regulations . All state and federal laws that are in conflict with these provisions and which preempt these provisions by mandatory application to local employees shall repeal these provisions to the extent they are applicable. Section 3. That '69 E.M.C. 5-1-1 is amended to read as follows: 5-1-1: LABOR RELATION S DUTIES OF THE BOARD The Englewood Career Service Bo ard created by Section 5-11-4 (d) (hereinafter the "B oa rd") shall have the following labor relations duties and powers: (a) To grant exclusive recognition to an employee organization to represent full-time classified employees of an appropriate bargaining unit f o r purposes of collective bargaining. (b) Pursuant t o Section 137:6 of the City Charter , to conduct hearings and issue find in gs of fact and recommendations for reso lut io n of mandat o ry subjects of bargaining upon which the parties are at impasse. (c) To act as the final a uthority with respect t o approving inc lu sions in and exclusions from app ropriate empl oyee bargaining units . (d) To sup rv se election c rtified employe o rganizati ons 1 ctions. for selection or retention o f nd to certify the results of such (e) To h r and d cid cant st d matters involving petitions for selection o r r t ntion o a certifi d employee organization and p titions for clarification or amendment of an existing a ppropriat e b rgai ing unit . (f) To he r and determine whether any proposal or demand is a mandatory subject for bar ainlng within the me ning of Section 137.5 (a) n( the City Char er. (g) To hear and determine qrlev nee app ls for any full-time classl 1 d ploye wh ose pnsl inn alls wi hin en pproprlate bargaining uni for any ma r which is an alleged viola ion of he applicable cnllectlv bargaining reem nt . N ither the oard nor H aring 0 leer shall have he or au hnrity to add to, subtract from, or .odi y any n rms ~h plicable I • • • .. collective bargaining agreement. (h) To appoint a Hearing Officer (with demonstrable ability in labor and employee relati ons) to make findings and recommendations to the Bo ard for its final approval with respect to grievance appeals, and any hearing or pre-election conference as may be directed by Ordinance with respect to petitions for selection or retention of a certified employee organization or a petition for clarification or amendment of an existing appropriate bargaining unit. ( i) authorized parties to Ordinance, To effectuate the foregoing Ordinance by making decisions above, but the Board is not authorized to order any take any a ction not specifically required by Charter, or Collective Bargaining Agreement. Section 4. That '69 E.M.C . 5-1-2, 5-1-3, 5-l-4, 5-1-5, 5-1-6, 5-l-7, 5-1-8, 5-1-9, 5-1-10, 5-3-1, 5-3-3, and 5-3-6 are repealed. Section 5. Title IV '69 E.M.C. is amended by the addition of a new Chapter V to read: 4-5-1: ELECTION OF CAREER SER VIC E BOARD MEMBERS The following procedures shall apply for the full-time permanent classified employees election of two members to the Board 1 of Career Service Commissioners: • (a) Candidates for the Board of Career Service Commissi o ners shall be nominated by petitions on forms supplied by the Directo r o f Financ e , ex of fi cio City Clerk-Treasurer. A petition of nomination shall cont ain the name and address of only one (1) candidate. (b) Nominati on petitions may be circulated and signed beginning on the 35th day and ending on the 15th day prior to election . Each p tition shall be signed by t least twenty-five (25) full-time permanent classified City employees. (c) Each nomi ation petition shall be fil d with the Director of Fin nee no lat r than the 15th day prior to the day of election. Ev ry uch petition shall be endorsed thereon the written affidavit o f the c ndidate , accepting such nominat an . The acceptance of nomin tian sh 11 contain the full na1 e nd place of residence of the candidate. (d) Th City Election Commi on , at least ten (10) days befor such lection, shall give written notice of the el etlan, a ting th dat th reaf , est bliahing polling place or places , in 11 loc tions convenient to said City e ployeea, and 1 sting the nam s of thos c ndidat wh ose no inatlona have been ctrti led by ht Director of Finane • (e) he Ci y lection Comm lon shall be guided ln the conduct nf said election by the general rul a of elec on and suffrage as contained in the Color do t tut s, s d, lnao ar as th y provide guidelines for the prln n b llnts, the selection of observ ra, procedure, countln balta a nd re rtlng 70 • I • • • • results. The Election Commission is hereby charged with ensuring the purity of elections. (f) The Director of Employee Relations shall provide to the Election Commission a list of names, in alphabetical order and their departments, of all employees who are eligible to vote. Such list shall be provided not later than fifteen (15) calendar days prior to the date of election. (g) Absentee ballots or balloting by mail may be used if the Election Commission finds employees whose official duties for the city prevent them from being present at a polling place or who may be on authorized leave of absence or vacation. (h) The nominee receiving the highest plurality of votes shall serve for a term of four (4) years. In the event two (2) vacancies are to be filled, the nominee receiving the next highest plurality shall serve for a term of three (3) years. (i) When an election in which the ballot provides for three (3) or more ch o ices results in a tie vote f o r either of the t o p two (2) positions, a runoff election shall be conducted within fifteen (15) calendar days of the initial election. The Election Commission may, in its discretion, maintain the same eligibility list of employees as certified by the Directo r of Employee Relations. ) 4-5-2: RECALL OF CAREER SERVICE BOARD MEMBERS Those full-time perma~ent classified employees may recall e i ther o f the tw o (2) member s e lected by them in the foll o wing manner: To remo ve an elected Bo ar d member from o ffice, a petition s hall be circulated requesting the recall o f sa i d member. Said petition, whe n s igned by full-time permanent classified employees e qual t o tw nty -fiv e pe r ce nt (25 \) o f t h e numb e r o f all full-time pe rma nent c l assi f ie d em p l o y e e s v o ti ng at t h e next previ o us election, shall b filed with t h e Cit y Elec t ion Co mm ission , wh o will set a date fo r a recall election to be held within thi rt y-f ive (35) c lend r d ys follo wing the filing of the petit i on . h e l ected Bo rd member to be r ecalled may either resign o r fil wi t h t he Election Commission notic of his intention to be a candidate in the rec 11 el ction . Other candid t s for the offic held by th lected officer to b recall d sh 11 qualify by p ti t ion as p r escribed by 5 ction 4 -5-1 of this Ti t le . The candidate r eceiving the highest number nf vot a in the elec t ion shall be decl r ed holder of he nftic • The succe aful candidate is the elected o ff ice r whose r c 11 s requested , he shall continue ln offic un t il th e e x pir tion of his te r m; if the successful candidate is someone oth er th n the rec lled member , he sh 11 fill out he un xpired t r m of the o (lee . r ul bnve 4 -S-: t MP t.E MENTArtON 0 t:L CTlO N AND CAt.L PROC&DU R ahall nt aay b 7l e auch addit nnal rul 1 and necessary to imple• nt the • I • .. • • • • • Section 6. That '69 E.M.C. 5-3-2 is renumbered 5-3-1; '69 E.M.C. 5-3-4 is renumbered 5-3-2; '69 E.M.C. 5-3-5 is renumbered 5-3-3. Introduced, read in full, and passed on first reading on the 22nd day of February, 1983. Published as a Bill for an Ordinance on the 2nd day of March, 1983. Read by title and passed on final reading on the 14th day of March, 1983. Published by title as Ordinance No.~~ , Series of 1983, on the 16th day of March, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. !jL , Series of 1983. Gary R. Higbee 72 I • • - • RESOLUTION NO. I 0 SERIES OF :983 ~----- • • • 7 D A RESOLUTI ON APPR OVING RESIGNATION OF ASSIS'rAN T CIT t ATTORI~i,;Y SUBSTITUT!o: PHOSECUTOH TIMOTHY J. FLYNN. WHEREAS, the City of Englewood, a Colorado home rule municipal corporation, has duly established a Municipal Court and requires the services of an attorney t o p r osecute Charter and Code vi ol ations in said Municipal Court; and WHEREAS, substitute Assistant City Attor neys hav e been appointed in case of illness and absences; and WHEREAS, a certain Assistant City Att o rn ey never se rved s ar Assistant City Att o rney and has now bee n appoint ed tr. n Hn.Hd n[ the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: That to avoid conflict o f interest, the r esignation of Tim o thy J . Flynn, Esq. as substitute Assi stant City Atto rney is accepted. ADOPTED AND APPROV ED this day of Mar ch , 1983 . Att est : Eugene L. Otis , Mayor x o ffici o City Clerk-Treasure r I , Gary R. Higb , x of[icio City Clerk -Trcasur r n ( th City of Engle wood, Cr.lorad , hereby c rtify the bov is a true, Cl"rrect and compl te copy rof R solution No. ____ , S rl · nf l 83 . Gary R. Ri Jbee I • • , • • • • ROJIEltT J. FL,'NN ROII.M'r J , YLT"!'OI' TtHOTtry .f. F't.YJ'Itl't ENOLJIIWOOD . 00LOitADO 80110 00ft·TOit·8030 Rick DeWitt, Esq. Englewood City Attorney 3400 South Elati Street, #203 Englewood, Col orado 80110 Re: Letter of Resignation Mar ch 3, 1983 Assistant City Attorn ey Pruse~uLur. Dear Rick: Effective March 7, 1983, I will begin serving as a member of the City of Englewood Court Advisory Com- mittee. I am informed that this committee is designed to provide and perform an independent review of matt ers of concern between the City and the Municipal CourL. Although I have never served, I am technically at this time an Assistant City Attorney Prosecutor. In the interest of avoiding any potential conflicL of ~nteresL, I hereby resign my position as Assistant City Attorney Prosecutor and ask that you take whatever steps are neces- sary to insure that my position as such is effectively ter-minated. If you have any further questions or comments , do not hesitate to contact m . Sincerely yours, 'U;a.._ r 7- Tim Flynn TF/bkm I' I • • - • RESO LUTI ON NO . _j_Q _ SERIES OF :983 • • • A RESOLUTION APPROVING RES£GNATION OF AS S £S TAN T C [T{ A'l'l")HN t-:Y- S Uti S T£'rUT E PllO ~EC U'l'Oil TlM OTliY .J. FLYNN. WHEREAS , the City o f Englewood, a Colorad o home r u l e municipal corporation , has duly established a Mun ic i pa Cnu r t and requi r es the services r.f an attorney to pr osecu c Chdr t•r dnd C<.d e violations in said Municipal Cnurt; and WH EHE AS , substitute Assistant City Attorn eys hdv e been appoin t ed in case of illness and absences; and WHEREAS , a certain Assistant City Attorn~y n e v e r se r v e d as a n Assistant City Attorney an d has nnw been ppn 1r ctl " 1 t l••<~rd n f the City; NOW , THEREFORE , BE IT RESOLVED BY THE CI TY COU CIL OF TH E CITY OF ENGLEWOOD , COLORADO: That to avoid conflict o f interest, the r esig n at i o n o f Timothy J . Flynn , Esq. as substitute Assistant Ci ty Att o rney i s accepted . ADOPTED AND APPROVED this day o f Mar c h, 1983. Att es x o ffici o City Cl s urer I , G ry R. Hi'Jb e , x n f ic i. C i t y Cl rK -Tro: u r .. r o ( th• Clty o f Eng le wcc , Co c r do , h er~tby c ert fy t he t..rv~ i t r ue , cr rr ect nd comp l te cnpf nf sol uti o n • /C)_ eri ~ of 1 83 . Gary R. Hi gbee I • • Ho~t.RTJ .Yt.~ TrMO•Tn Y .1. f"I.T /IIJN • • • ROBE RT .J". 1-~LVNN 88Dtl Hot .... l l ft4}1ttffotJ• HTM •• T E;vO LIDWOOD , C O L O RADO 80UO 303 -'Utat -803 0 Rick DeWit t , E sq. Englewood C i t y At tor ney 3400 South Elati Str eet , j203 Englewood, Colorado 80110 Re: Letter of Resignation March 3 , 1983 Assistant City Attorn ey Pru~ucuLuJ . Dear Rick : Effective March 7 , 1983 , I will begin s erving as a member of the City of Englewood Court Advisory Com- mittee. I am informed that this committee is d esigned to provide and perform an independent review of maLters of concern between the City and the Muni cip~l Cour . Although I have nev er served , I am technically at this time an Assistant City Attorney Prosecutor. In the interest of avo~ding any potential conflict of ~nterest , I hereby resign my position as Assistant City Attorney Prosecutor and ask that you take whatever steps arc neces- sary to insure that my position as such is effectively ter- minated. If you h v e ny furth r question s or comm n s , do not hes~tate to cont ct me . TF/bkm s~nc rely yours, / ,-/ T.Lm Flynn I . - .! c. P R 0 C L A M A r I 0 N WH ERE AS , r.ur srciety has becr·o~n<: iP c l e<J', i" J I y I I' 1 1 'I l ' ho u sehold chemicals tr. perform labnr-sc.~vin rJ, tirne-.... rJ·J·I"'J • ir •cl '!..,; and r. I"' med i c ire r . p r r v ide he a 1 t h-g i v i NJ , l if • · --II'; • 1 1,... .r J ilrr , · f 1 t • ; and WHEREAS , these prrducts , when rnt used directed , may be hazardr.us , particularly if them ; ard u s irt erd~l rr hlld r er 1 1 WHEREAS , rver the past 22 years , the rati n r has be ,... rbse r virg Peiser P r evertir.n Week to call attertir.r t• to~ese 1 l.Jt ,...; ard hrw prrper hardl irg and dispnsal rf these subs taN· 11 1 >'• J use rf safety packaging cal"' help eliminate thrm; ar l WHEREAS , these prrgrams must cnnlinue <1 . child swallrws a hrusehr.ld product r.r m lliciP • lr r •J V• ily mi ;t 1..: ·; Ni.lW , TH REFORE, I , EUGENE L . OTL>, May r n( the C l t.j r f Er lewr-,qJ , Crlr.r dr>, dr-. hereby prr•claim March 20 -?.G , l'l t!J POlSON PREVE ClOt W~EK ir this City. Further , I direct th ,..,.,errm tr C~"'·n rue h i r c .·z er~ ru c mwurity v :rp prr. r ms whi h orJer r f r-es ftectiv rs chil rer. I' hi lr cJ y r>f M~r·h , lt l. ) - P R 0 C L A M A T I 0 N WHE REAS , r.ur sr.cu"t/ hdS bec•·o~ne incrt!d:;lnjly d• pu I househc;ld chemicals t<" pe rf <"rm labnr-suving , Lime-..,avir and nn medicine tn prr.vide health-givin], li(P-sus dr j,-, 1 and 'I L ' I it v; IWI fi .; WHE EAS , these prr ducts , when nr.t used as irt e 1 Jc:. r directed , may' be hazilrdrus , particularly if chilrlrer l ir them ; arrJ WHErtt::A S , rver tne past 22 years , the natirn he~.; rbserving P<"iSrr Preventirn Week t<" call attentinn L• t0 t.: and hrw p r rper handling and isprsal r.f these SLlbSt.Jnct:, 11 user[ safe 1 packaginJ c n help eliminate lrc1n; c1n dl::K EA.>, ch li swallrws the ;e prrgrams must t:• PLinu o<> lro~ 'J ., , v hr.usehrld prnduct r r me I i 'i ne by rn i ;I ,.-;,.; i\.l W, THEREFORE , I , EUGI::NE L . 0Tl3 , May nr rf the Ct 1 rt Ergle rrd , C<"lr r adr , dr hereby pr nclaim March 20 -2G , l113J J5 P0l.30N PRC:V l::N i'lOt Wr.t:K ir tn '.; City . Further , I di r ect th .rca1 grcverrm nt t< rr inue heir l''' Cit zurs an c<mMLlnity rr niz tinn~, .ev lrp prr1r ms which will lert rcur ~ rJ r r f mi!iOJ!..ir·J m~:li·ine., ~tec~v S~CJlarl ~Jins r • r . r • r 1J r • t H 1 !iP.ll t h 1 • 1 • h I I H I , •) j . ) • • .. - c PROCLAMATI ON WHEREA S , The United Nations has ad o pted a World Prrgram r f Action f o r Disabled Pers ons and has officially declared the periGd 1983-1992 as the Decade of Disabled Pers o ns ard has urJ0d all nations and o rga nizations to continue the momertum n[ the 1981 International 'fear of Disabled Persons iP furtherin g the full participation of the world 's half-billi on per sr,ps with disabilities; aPd WHEREAS, the International 'fear of Disabl ed Persnns led t widespread commitment aPd action to further the fu ll particip~li r nf America 's 35 millinp persons with disabiliti es if' IJ d';t>c:<:l; < l Pat ioPal and community 1 ife; and WHEREAS, the International 'fear observarce led tr the proclamation by the Congress and the President of the Upited States of 1982 as the Natioral 'fear of Disabled Pers 0ns , t o the frrmatinr of the National Organization or Disability and tn the widespre n use rf the slogan , "P articipation Through Partnership"; Pd WHEREA S , these partnerships between persn ps wi th rd wi thout disabilities; between government and the privat e ector ; aPd amoPg state , local and national o r ganizations re cnrtlruirq Lr improve the lives of Americans with dis biliti es ; nd WHEREAS, further pr ogress should be mad e in th States trward increasing understanding of the urmet ne ds pr.tertial cnnt ributinP of America's dis bled citiz n'" in f ~rtlo r arce of the following long-term goals of and fnr disdbled? r·rr~, as set fr.rth duril"g the 1981 I'd 1982 obse rvar ces: xp1r1 d I l"l tir.l"al rpp rtunity; improved ccess to h u ing, bull iry rd transpnrtati<'l"; greater oppo rtunity for employmel"t; purpr .ef ••l applicatirr rf biomedi c al rese rch 1m d at crr~u rirJ J ' 1 disablirg corditil"ns; redu c tion in the inciderce of dis.lbllity through ccid rt rd disease prevertir.r; OW , THEREF E , I , EUGENE L. Englewood , Col rad , do hereby prncl rHE DEC ADE OF Dl A LED PER~ONS in h D C lde 'f ~:rql f 2 h n nd se 1 th 14th day of M r h, 1 83. • I . • • • PROCLAMA 'riON WHEREAS, The United Nations has adopted a World Pr o gram o f Action for Disabled Persons and has o fficially declared the period 1983-1992 as the Decade of Disabled Persons ard has urg ed all nations and organizations to continue the mo mert u m o [ the 1981 International Year of Disabled Persons in furt her ing the full participation of the world's half-billion per snrs wi th disabilities; and WHEREAS , the International Year of Disabled Per sons led t o widespread commitment and action to further the ful l participati rr o f America's 35 millinn persons with disabililics ir a11 a:;peel:; o f national and community life; and WHEREAS, the International Year observance led tn the proclamati on by the Congress and the President o f t he United States of 1982 as the National Year of Disabled Persons, to t he formation of the National Organization on Disability and t o th e widespread use o f the slogan, •Participation Through Partner ship "; and WHEREAS, these partnerships between per sons wi Lh rd with out disabilities; between government and the private secto r; and amc.ng state, lf1cal and national organizati"f'IS arc cr.rtiruing tr impr o ve the lives o f Americans with disabilit ies ; nd WHEREAS, further progress sh o uld b mad e in the United States t o ward increasing understanding o f the Uf'lmet needs and pr.tef'ltial contributinn o f America's disabled ci iz f'IS if'! f rth r- anee cf t he following long-term g o als o f and frr disabl d persnr , as set forth during the 1981 nd 1982 ob ervarc s: xp~r d d educ.- tir.n al np p rtunity; im r v d access t h u ing, buil irys nt.l transportatiof'!; greater oppo rtunity f o r mployment; purpr se[ 1 applicatinr of biom d "c 1 r se rch i med t cnnquerif'!g m j r disabling cof'lditinns ; reductinf'! ir th e incid f'!Ce nf dis bility through accid rt rd di c e prev ntion; NOW, THE E, I , EUGENE L. OTIS , M ynr nf the City of Engle wood , C lor d , d hereby procl im th D c de f 1 83-1 THE DECADE OF DISABLED PERSO NS in th City of En lewo d . h nd nd 1 thi 14th d y f M rch , 198 . I • ( ' ( I J ~ I I <I I I ,. ... ( lj fJ • l<d )f) • • • "· /di/!'Vh>l IJ i VIs l••t LIQUOR LICE:\SC ,\ITIIOI<ITY of the C it y of l·:n~lvwond . St<He of C:olor"d", >nd Till C:ITY C:OIINC:II .. 1 ""' l.il v of Engl!·wuucJ, ..Oio<l olll. C.IIY Ill 1-.NI.I.LWOIJIJ, --------- '1 G ,, I L'IH.idlll :-... .riJ: ,J\K lr~, bv tlnd throul!,h their r(~spl~''llv..-tu1111~• tl '', '' .... ~.,, ... ,,,., ''4. •IOfl .t}~r(•(' tlJ.tl tl1is lll<lll(•r il< 1lis1ni•. ,, witt. 1••• 1•••1• I I •I r I t' I I Ill j f IIWII I II ,( •.;. A.~~ , • '· I, I •t~ ., til) if 1 r ... • '> • , L ,. 11!0 . I , f';2tj: •~.;·,•,, r, (,II ~()j!J (j ~ : .., ... -() ]()() / _.('"' ;rt/,r-... L,. _/· f ~I (llfd:ll:. I. I .11 1'1, o\tlPriH.·y lu.-lhi,Hd.tuA,. orr j, .... or Engll•WnHd ( i l )I,C)(J Soul II I· 1.11 1 hng il-wnod. C:ll XII I Ill l'ltn1W: 761-11 'ill II ~ II I. I' II IIJ),,( !>IJJ• J,,,lJIJ.' iN Jn•rt•hv Hd•'fol<•oj r 1 '' • • u , ~· u I 1 '1., J. I,' I lit. I Ill Ill : u ))1.) \I I tit Ill ill •• I . • • • (I ( h ( I '. ' \ I 1/ J 1:.\ diJ •n , LIQUOR 1.1 CE;-o;SE ,\1 TIICJI< I TY of 1 h'-' C i l y of r:ng h ·wuud, Statc: uf Culo r ;,d ,, ;,nd I'll/ C:l'i'Y !'OIINC:/1 nl lin 1 11 of Engl <·wuod, '""' 1!1/. C.IIY Ill I:NL/.I·:WOCJIJ , ------·-·--- ''' lt·llc..l.uJt .. ·.ill ''\H rr:s , bv <lnd lhruugh their rt'Sjl('< t iv ... "" l' ""I ·•·1···1 ~c;,,,,,,,,. o~nd il):r<·c-''"" tllis "'""'"r r,,. di•.u<i· .... l ..,,. , 1•. '"d1 . , . , .. , r 1 t ,, ~··· ' I I t( i I I •WI I I I' .. , t •, . ~ J.\, L::J thi~ <.J <l}' of ~bz-.c ·z--v{_, 1983. ~·~~ . ~~~. ·.J 'J.'i 1 o I I Ill ! f 1 r " • , '>u i Lt: I SO J f •• 'rJ2i) 1 ;d·.~r . r,,, <iiUin · , n .. : <if, 1 -[J 71J(J / \I l &tl h ("' ~L-::.'-,_,'-£ ~· ·~ riiA!i!/ s I. 1.1:/.1'1. \ '· :,J " ,c, /\ltOIIH .. •y fol' fhltlldllt.(,~ () f f i, '-' u f l:n g lvw ood c 1 t )400 Souc 11 /( 1.11 i I n ;;l '"""'", CCI ~.()I ill /'hun'-': 761-114() () __ ,{_....!!. ,. ,, ., f,CJJ , C. ~I II' t'I.AT I O, i" '" r,•h v etdu rq t •I I I .. . .. ' , tJ r llli tJ ~~ y ul l'IH I. ,,y 1111. '·'II I I: .I H,f I • •