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72-QRESOLUTION NO. 72 -~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYN~)N BEACH, FLORIDA: WHEREAS, the City Personnel Officer and the City Manager have heretofore prepared certain amendments to the existing Civil Service Personnel Rules and Regulations of the City of Boynton Beach, Florida, a copy of which amendments are attached hereto; and WHEREAS, after review of subject proposed amendments, the City Council deems that the enactment and adoption of same is in the best interests of efficient administration of the municipal personnel system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: That the proposed amendments to the existing Civil Service Personnel Rules and Regulations, dated July 18, 1972, of the City of Boynton Beach, Florida, attached hereto and hereby made a part hereof, be, and the same are hereby approved, ratified and adopted. PASSED AND ADOPTED this ~ay of ~/ , A.D., 1972. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk By: Mayor Vice M Counk t~yu~ci~ an Counci~ (CORP. SEAL) RULES AND REGULATIONS of CIVIL SERVICE Required by SECTION 72.9 of the City Charter Effective July 18, 1972 FOP~VARD These Civil Service Rules ~dkegulations have been instituted to provide the best system for the benefit~af the citizens, elected officials and employees of the City of Boynton Beach. Be it, therefore, resolved that all actions taken in accordance with these Rules and Regulations are now and will always be in the best interest of all concerned. Robert B. Effron Mayor Emily M. Jackson Vice-Mayor John L. Arehie Councilman David Roberts Councilman Travis E. Killgore City Manager Harold L. Blanchette Councilman William H. Sullivan Personnel Director RULE I RULE I i RULE III RULE IV RULE V TABLE OF CONTENTS GENERAL PROVISIONS Section 1. Purpose of these rules Section 2.' Positions covered by these rules Section 3. Approval of rules DEFINITIONS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 Section 19. Section 20. Section 21. Allocate Certify//~ Class ' J Continuous Service Demotion Eligible Eligible List Employment List Hearing Permanent position Position Probationary employees Promotion Promotional examination Promotional List Provisional employee Regular employee Status Temporary employee Temporary position Vacancy ORGANIZATION FOR PERSONNEL ADMINISTRATION Section 1. The City Council Section 2. The City Manager Section 3. The Personnel Director POSITIONS INCLUDED IN PERSONNEL SYSTEM Section 1. The City Service Section 2. Status of employees in City Service THE CLASSIFICATION PLAN Section 1. Section 2. Section 3. Section 4. Section 5. PAGE 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 The Purpose Composition of Classificatibn Plan Class Title Class specifications Maintenance of Classification Plan RULE VI RULE VI I RULE VIII THE COMPENSATION PLAN Section 1. Effective Date of Plan Section Section Section Section Section Section Section Section Section Section Section Section Section 2. Compensation Plan Review 3. Salary Schedules 4. Promotions 5. Demotions 6. Reinstated Employees 7. Part-time employment. 8. Overtime 9. Interpretation 10. Initial Adjustment to the Compensation Plan 11. Severancy Pay 12. Retirement 13. Revised Salary Schedule 14. Merit Increases in salary APPLICATIONS Section Section Section Section Section Section Section Section Section Section 1. Announcement of Examinations 9 2. Filing of Application 9 3. Citizenship 9 4. Residence 9. 5. Minimum Qualifications 9 6. Rejection of Application 9 7. Not/ce~of Rejection of Application 10 8. Po~tpor~ement and Cancellation of Examination l0 9. Veteran's Preference 10 10. Resident's Preference 11 EXAMINATIONS Section 1. Recruitment by Examination Section Section Section Section Section Section Section Section Section Section 6 6 6 7 7 7 7 7 7 8 8 8 8 8 11 2. Identity of Examinees Concealed 11 3. Rating Examinations 11 4. Minimum Grades on Each Section 12 5. Notification of Results 12 6. Inspection of Papers 12 7. Promotional Examinations 12 8. Announcement of Promotional Examinations 12 9. Service Credit in Promotional Examinations 12 10. Unskilled and Semi-skilled laborers, domestic, attendant or custodial work 11. Non-assembled Examinations RUL~ IX RULE X RULE XI RULE XII RULE XIII RULE XIV ELIGIBLE LISTS Section 1. Establis½r, ent of Eligible Lists Section 2. Duration of lists Section 3. Reemployment lists Section 4. Removal of names from lists Section 5. Restoration of Names to Eligible Lists APPOIN~NTS Section Section Section Section Section Section Section Section Section Section Section Section Section Section 1. Procedure for filling vacancies 2. Priority of lists 3. Certification from the list 4. Incomplete certification 5. Notice of certification to the eligible 6. Waiver of certification 7. Provisional appointment 8 Temporary appointment 9. Emergency appointment 10. Transfer 11. Demotion 12. Probationary Period 13. Medical examinations 14. Appropriate list GENERAL PERSOMNEL POLICIES AND PROVISIONS Section 1. Hours of work Section 2. Legal Holidays Section 3. Vacation leave Section 4. Sick leave with pay Section 5. Leave with pay Section 6. Leave without pay Section 7. Prohibitions Section 8. Employee rights of appeal Section 9. Presentation of employee grievance Section 10. Employee performance rating SEPARATION AND DISCIPLINARY ACTION Section 1. Section 2. Section 3. Section, 4. Section 5. Resignation Layoff Suspension Dismissal Demotion for inability to perform duties A~NDMENT OF PERSONNEL RULES Section 1. Amendments SAVING CLAUSE 14 14 14 15 15 15 15 15 16 16 16 16 17 17 19 19 19 2O 21 22 22 24 27 27 27 28 28 29 29 29 RULE 1 - GENERAL PROVISIONS SECTION 1. PURPOSE OF THESE RULES: These rules set forth the ,. principles and procedures that are to be followed by the City in its personnel program to the end that the city and its employees may have assurance that personnel will be dealt with on an equitable basis, and that the citizens of %he ci%y ~ may derive the benefits and advantages which can be expected to result from a competent staff of city employees. SECTION 2. POSITIONS COVERED BY THESE RULES: These rules shall apply to the positions and offices in the city service as more specifically set forth in Rule IV. SECTION 3. APPROVAL OF RULES: These rules shall be in force and effect when approved by ~he City Council ,and shall have,the force and effect of law insofar as they apply to positions covered by said rules. RULE II - DEFINITIONS SECTION 1. ALLOCATE shall mean the act of assigning each position to its proper class. SECTION 2. CERTIFY shall mean the act of the secretary in supplying a department head with the names of applicants who are eligible for appointment to the class and positions in the classified service for which certification is requested. SECTION 3. CLASS shall mean a position or group of positions having similar duties and responsibilities, requiring similar quali- fications, which can be properly designated by one title indicative of the nature of the work and which carry the same salary range. SECTION 4. CONTINUOUS SERVICE shall mean employment in the classified service which is uninterrupted except for authorized leave of absence, suspension or separation due to lay-off; however, time lost due to leave of absence, suspension or lay-off shall not be included in the determination of length of continuous service unless approved as to intent prior to leave by the City Manager. Authorized leave of absence without pay'shall be granted to any regular employee drafted into the armed services or called up in the reserve and in such event said leave of absence shall be included as part of continuous service. SECTION 5. DEMOTION shall mean the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. SECTION 6. ELIGIBLE shall mean a person listed on an active eligible list. -1- SECTION 7. ELIGIBLE LIST shall mean an employment list, p~0motional list, re-employment list or re-instatement list. SECTION 8. EMPLOYMENT LIST shall mean a list of persons who have been found qualified by an entrance examination for appointment to a position in a particular class. SECTION 9. HEARING means a public hearing held after public notice, at which,.time any person may have a reasonable opportunity to be heard. SECTION 10. PERMANENT POSITION shall mean any position vacant or filled which is designated as such by the budget or by the City Manager. SECTION 11. ~OSITION shall mean a group of duties assigned to one person or job. SECTION 12. PROBATIONARY EMPLOYEES shall mean any employee who is serving his probationary period of one (1) year prior to being regularly appointed to a permanent position and class in the classified service, except promotional employees who after six months are permanently appointed to the higher position. SECTION 13. PROMOTION shall mean the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. SECTION 14. PROMOTIONAL EXAMINATION means an examination or group of examinations for a position in a certain class, admission to which is limited to employees in the classified service who hold permanent positions in another class. SECTION 15. PROMOTIONAL LIST shall mean a li~t of persons who have been found qualified by a promotional examination for appointment to a position in a particular class. SECTION 16. PROVISIONAL EMPLOYEE shall mean any employee filling a position in the classified service whout competition pending the establishment of an eligible list. SECTION 17. REGULAR EMPLOYEE shall mean an employee who has been appointed to a permanent position in the classified service in accordance with the provisions of the rules after completing a probationary period. They shall also gain status in that class to which appointed. SECTION 18. STATUS is a condition acquired by an employee giving rights in the manner the rules set forth, to a class. SECTION 19. TEMPORARY EMPLOYEE shall mean an employee holding a position other than permanent, except as provided in the Rules, 'which Ks of a temporary and seasonal, casual or emergency nature. -2- not designated permanent. SECTION 20. TEMPORARY POSITION shall mean all positions that are SECTION 21. VACANCY shall mean a position existing or newly created, which is not occupied, and for which funds are available, and for the filling of which a valid requisition has been received by the secretary. RU~E III - ORGANIZATION FOR PERSONNEL ADMINISTRATION SECTION t. THE CITY COUNCIL: The City Council shall: A. Approve the personnel rules. B. Approve the pay plan and all amendments thereto. C. Make an~ confirm appointments to and remove from positions in the Exempt Service. SECTION 2. THE CITY MANAGER: The City Manager shall: A. Be mesponsible to the City Council for the administration of the personnel system subject to these rules. B. Appoint, promote, transfer or remove, demote, suspend, or discipline all department heads, officers and employees subject to the provisions of these rules, excepting those in the Exempt Service. C. Perform such other duties and have and exercise such other powers in personnel administration as may be prescribed by law and these rules. SECTION ,3. THE PERpONNEL DIRECTOR: The City Manager shall appoint a Personnel Director who shall also be secretary to the Civil Service Board who shall also be responsible to the City Manager for the administrative and technical direction of the city personnel program. He shall be known as the Personnel Director and shall: A. Administer the provisions of these rules. B. Develop and administer such recruitment and examination programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the city service. C. Prepare and recommend a Classification Plan and amendments to the Classification Plan so that it will reflect on a current basis the duties being performed by each employee in the city service and class to which each position is allocated. D. Administer the pay plan including the periodic review of salary and wage levels in the area to the extent that such levels affect city employment and the periodic investigation of factors affecting the economic level. E. Provide a system of checking payrolls, so as to determine that all persons in the city service have been properly appointed and are being paid in accordance with these rules. F. Provide for the establishment and maintenance of a roster of all employees in the city service. G. Provide such forms and procedures as he may consider necessary, appropriate, or desirable to carry out the personnel program. -3- 'H. Develop and establish in cooperation with -the City Manager and various d~partment heads such training and educational progrsm~s for erapt~yees in the city ~service as conditions warrant. ,~ I. Prepare annual reports regarding the work of the department. J. Attend all meetings of the Civil Service Board K. Perform such other activities with reference to personnel administration not inconsistent with the City Charter or these rules~ as the City Manager may direct, or as may be required by ordinance. m. Prepare and recommend such rules or amendments to the rules as may be necessa~j or advisable to carry out the intent and' purposes of the city personnel program. M. Shall furnish such secretarial services to the board or department heads as they may require to properly carry out their duty under these rules. RULE IV - POSITIONS INCLUDED IN PERSONNEL SYSTEM SECTION 1. THE CIII SERVICE: The City Service shall comprise all offices and positions in the city employ, now existing or hereafter created. The City Service is divided into the exempt and classified services. A. Exempt Service. The Exempt Service shall include the following positions and levels, to-wit: (1) Elected officials (2) The City Manager or acting City Manager (3) The City Attorney and Assistant City Attorneys (4) The Municipal Judge and Assistant ~unicipal Judges (5) Consultants, counsel, architects, auditors, board and committee members, advisory boards and the like rendering temporary professional services for pay or not for pay. Exempt personnel may not be assigned the duties of a vacant classified position except in accordance with Civil Service Rules and Regulations. B. The Classified Service shall comprise all other positions now existing or hereafter created not specifically included in the exempt service. SECTION 2. STATUS OF D~PLOYEES IN THE CITY SERVICE: Ail persons holding positions in the classified service on the effective date of these rules, and whose positions normally involve continuous year round full time service, and who have served continuously for a period of at least six months immediately prior to the date of adoption of these rules shall be considered to be regular employees and as such entitled to the rights, benefits and privileges extended to such empleyees by the City Charter and these rules. Ail persons holding positions in the classified service on the effective date of these rules and whose positions normally involve continuous year round full time service and who have not served continuously for a period of six months immediately prior to the date of adoption of these rules shall be considered to be probationary employees and as such subject to the provisions of these rules relating to satisfactory completion of a probationary period. Ail persons holding positions in the classified service which do not involve con~inu~s year round full 'time service shall be considered es hempora~u>~ empl%~ees. RULE V - T~LE CLASSIFICATION PLAN SECTION ~. THE PURPOSE: The Classification Plan provides a complete inventory of all positions in the city service and accurate descriptions and specifications for each class of employment. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities and has the same meaning throughout the city service. SECTION 2. COMPOSITION OF THE CLASSIFICATION PLAN: The Classification Plan consists of: A. Classes of positions which are established by grouping positions which are basically similar in the kind of work and level of difficulty and responsibility, which require similar experience and training at time of recruitment, and which may be compensated fairly from within the same range of pay under similar working conditions. B. Class titles which are descriptive of the work performed and which identify each class. C. Written class specifications for each class of positions which contain a description of the nature of the work and of the relative responsibility of the positions in the class, examples of work which are illustrative of duties of positions allocated to the class, requirements of work in terms of knowledges, abilities and skills necessary for performance of the work, and a statement of experience and training desirable for recruitment into the class. D. An allocation list showing the class title of each position in the city service, as identified by the name of the employee holding that position. SECTION 3. CLASS TITLE: Class titles shall be used in all personnel, accounting, budget, appropriation, and financial records. No person shall be appointed to, or employed in, a'position in the classified service under a title not included in the Classification Plan. Titles used in the course of departmental routine to indicate authority, status in the organization, or administrative rank may continue to be used for such purposes. SECTION 4. CLASS SPECIFICATIONS: Specifications are to be interpreted in their entirety and in relation to others in the Classification Plan. Particular phrases or examples are not be isolated and treated as a whole definition of the class. Specifications are deemed to be descriptive and explanatory of the kind of work performed and not necessarily inclusive of all duties performed. SECTION 5. MAINTENANCE OF THE CLASSIFICATION PLAN: The Personnel Director is charged with the responsibility for the proper and continuous maintenance of the Classification Plan so that it will reflect on a current basis the duties being performed by each employee in the city service and the class to which each position is allocated. The Personnel Director shall periodically review the classifi- cation of positions and upon the basis of his investigation he 'shall recommend to the City Manager appropriate and necessary amend- ments to the Classification Plan in the form of new classes, revisions of existing classes and the abolition of classes no longer required in the plan. Such recommended amendments shall be effective when approved by the City Manager or on the thirtieth day after being recgmmended to the City Manager providing that prior thereto the City Manager shall not have disapproved them. Allocations and re-allocations within the approved Classification Plan shall be made as follows: A. The Personnel Director shall study the duties and respon- sibilities of each new position as it is created and on the basis of this study place the position in the appropriate class within the Classification Plan for the duties to be performed. B. Changes in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of existing assignments shall be reported to the Personnel Director or department heads. If these are determined to be permanent, are more than minor changes, and justify a re-allocation to a different classification, the Personnel Director shall, after affording to the employees affected the opportunity to be heard, by giving them ten days written notice and with consent of the City Manager place such position in its appropriate class. RULE VI - COMPENSATION PLAN SECTION 1. EFFECTIVE DATE OF PLAN: This plan will be effective on adoption of the personnel system. SECTION 2. COMPENSATION PLAN REVIEW: Thirty (30) days prior to submission of, the Annual Budget, the City Manager will submit to the City Commission for their review, a complete survey and analysis of compensation. This report will include the City Manager's recommendations for salary range adjustments. The objective of the review is to insure that the adequate salary range is assigned to each classification, and at the same time will provide each Department with more realistic estimates in the preparation of their budget. SECTION 3. SALARY SCHEDULES: To provide for adequate recog- nition of growth on the job, and recognizing that the City expects all employees to educate productive and valuable, apply: and train themselves so they may be more the following method of advancement will Employee growth in knowledge and diversity. Employee efficiency and a specific demonstration, act or performance that clearly indicates to the Department Head superior attainments. -6- - A' one (1) step increase may be approved by the City Manager at any time during the 'anniversary year for performance outlined in "B" above. The above schedule will '~ provide incentive for advancement of skills through education and training and 'tenure, and at the same time will provide merit increases where merit is justified. To insure systematic progression, each classification has been assigned to a Salary Range containinI six (6) steps o£ approximately 5%. Ail normal advances will be made automatically to 'the next step in the assigned range one (1) year from the employment date. Upon activation:of this plan, all personnel will obtain an anniversary date of the date the personnel system was adopted, unless othemvise approved by the City Manager. Ail new employees will start at the "A" step for his class, unless it is impossible to recruit at the starting step. The City Manager may approve a higher starting rate or adjust an individual rate when he deems it in the best interest of the City, provided funds are within the approved budget. Longevity increases of 5% will be authorized in addition to the pay scale upon complet±on of 10 years~ 15 years, and 20 years service respectively SECTION'4. PROMOTIONS: When an employee is promoted to a position in a higher class, they will be advanced one (1) additional step provided the next successive step in the pay plan appears in the new range, otherwise they will begin in Step "A" of the new range. The original employment date or anniversary date will be retained. SECTION 5. DEMOTIONS: The salary range and step will be a provision of the demotion~ and will be approved by the City Manager prior to notifying the employee. SECTION 6. REINSTATED EMPLOk~ES: A reinstated employee will be paid at a salary rate within the approved salary range for the position in which he is reinstated and shall be at a step comparable to the one previously held. SECTION 7. PART-TI¥~ EMPLOYMENT: ~en employment is on a part-time basis, only the proportionate part of the rate for the time actually employed will be paid. SECTION 8. OVERTIME: Overtime will not be authorized except by prior approval of the Department Head or City Manager. If overtime is of a recurring nature, the Department Head will secure blanket approval in writing from the CityManager prior to authorizing. In the case of an emergency, the Department Head may approve overtime provided the City Manager is notified in writing on the next regular work day. The rate of pay for o~ertime will be on a time and one-half basis. No overtime will be granted for any position on a job basis. Ail employees called to work after completion of their regular work day will be compensated for a minimum of one (1) hour at their present rate of pay. An accurate record of overtime worked will be maintained by the Department Head who may authorize equivalent time off, designated compensatory time. If the situation prevents the employee from taking time off, they must be authorized paid overtime by the Department Head not later than the second pay period after the time is worked. No accumulation for overtime will be authorized or recognized beyond the second pay period for pay. SECTION 9. INTERPRETATION: The City Manager shall be responsible for interpreting the application of the compensation plan with regard to pay problems which are not specifically covered by this plan, using the principles expressed herein as a policy guide. - 7 - SECTION 10. INITIAL ADJUStmENT TO THE COMPENSATION PLA~J: The City ~anager~ using the general principles set forth in this plan, will place the sala~g of each employee in the appropriate step and range for the class to which his position has been allocated. After the initial step has been established, an employee's grade and step may not be changed other than by the procedure outlined herein, or by authorization of the City ~{anager. SECTION 11. SEVERANCE PAY: An employee with permanent status may~ upon termination of employment with the city provided the termination is in good standing, be paid for unused accumulated vacation leave not to exceed the maximum authorized accmmulation. Severance pay for any other reason may be approved by the City Manager, however, if not specifically authorized will be referred to the City Council if in the excess of two work weeks. SECTION 12. RETIREMENT: Provisions applicable to the retirement plan is specifically outlined in the current Retirement Plan. SECTION 13. REVISED SALARY SCHEDULE: The City Manager will provide a revised salary schedule upon approval each year to each Department prior to submission of their budget review. This schedule will include the Class Title, the new pay range and other revisions that might be a change in policy or application of the Compensation Plan. In extreme cases only will consideration be given to adjustments during the budget year. Ail requests of this nature will be re£erred to the City Manager with complete justification in writing. SECTION 14. ~RIT INCREASES IN SALARY: The City Manager is authorized to approve merit increases in salary when merit is justified in writing by the Department Head. This application of increase in salary will always be to the next regular step in the assigned range, or, if at the top of the range, will be granted in 5% increments only. Funds for merit increases will be budgeted as a separate allegiance and administered under the direct control of the City Manager. Employees are not automatically entitled to merit increases. This approach is a system where top performance can be recognized by the immediate supervisor and prompt rewards can be made at the discretion of supervisors. RULE VII - APPLICATIONS SECTION 1. ANNOUNCEMENT OF EXAMINATIONS: Public notice of entrance examinations shall be given at least two weeks in advance of the examination by publication in at least one daily newspaper of general circulation in the City, by posting an examination announce- ment on the City Hall bulletin board and in such other places and such other manner as the Personnel Director may deem advisable. SECTION 2. FILING OF APPLICATION: Ail applicants for positions in the classified service must file written application on the form prescribed by the Personnel Director within the time limit fixed in the examination announcement. Defective applications may be returned to the applican~ with a notice to amend the same. Amend- ments or corrections must be made within the time limit fixed by the Personnel Director. SECTION 3. CITIZENSHIP: Ail applicants must be citizens of the United States. SECTION 4. RESIDENCE: There shall be no requirement of residence for filing aplDlication for a position in the classified service. Appointees to positions in the classified service shall within one year from the date of employment establish residence and actually reside during their period of employment in an area'not less than five miles from the nearest city boundary. The City Manager may waive this requirement where necessary or desirable in the public interest. SECTION 5. MINIMUM QUALIFICATIONS: The Personnel Director may after consultation with the department heads concerned prescribe such limits of age and other specific requirements, physical or otherwise, as in his judgment are required by the nature of the work to be performed. Such requirements shall be shown in the examination announcement. SECTION 6. REJECTION OF APPLICATION: The Personnel Director shall reject any application or applicant when he has determined: A. That the application was not filed within the period specified in the examination announcement or was not filed on the prescribed form. B. That the applicant lacks any of the required qualifications set forth in the examination announcement. C, That the applicant is physically unfit to perform effectively the duties of the position in which he seeks employment. -9- D. That the applicant is addicted to the habitual excessive Use of drugs or intoxicating liquor or has been convicted of a 'misdemeanor involving moral turpitude or of a felony. E. That the applicant has made a false statement of a material fact, or practices or attempted to practice any fraud or deception in his application or test, or in attempting to secure appointment, or, if appointed, may cancel the certification and in effect cancel the appointment., F. That the applicant was previously in the city service and was removed for cause or resigned not in good standing. G. Tha~ the applicant, after notification, did not promptly present himself at the ~time and place designated for the examination. H. That the applicant has a work record from previous employers not consistent with the standards expected of a city employee. SECTION 7. NOTICE OF REJECTION OF APPLICATION: Whenever an application or applicant is rejected, notice of such rejection and the reasons for the action shall be given to the applicant by the Personnel Director. ~ SECTION 8. POSTPONEMENT AND CANCELLATION OF EXAMINATION: Any examination may be postponed or canceled at the discretion of the Personnel Director. In either case each applicant shall be notified of the postponement or cancellation and the reason for the action. SECTION 9. VETERAN'S PREFERENCE: A. "VETERAN" DEFINED. A veteran is any person who has served in the United States army, air force, navy, marine corps, or revenue marine service (Coast Guard), or in the army or navy nurse corps, in time of war, or who served under the provisions'of the Selective Service Act of September 16, 1940, and who has received an honorable discharge or a certificate of honorable active service. For purposes of eligibility, a "veteran must have served between the periods from December 7, 1941, to December 31, 1945, and/or June 27, 1950 to October 31, 1953, and/or the duration of the police action in Vietnam. B. VETERANS PREFERENCE AND CREDITS: Any such veteran, taking an open competitive examination shall receive five (5) points credit added to the passing earned rating resulting from his examination. To receive such credit, a certificate or other authentic proof of service and honorable discharge must be shown at the time of filing application. -10- SECTION 10. RESIDENT'S PREFE~ENCE: Those prersons who are currently residents Qf th9 City of ~gnd whose current residence mn the City of ~£~as been contznuous for a period of one or 'more full years and who present satisfactory proof of such residence and who receive a passing grade on entrance examinations shall have additional points added to such grade, as follows: 1. Residents who do not receive veterans preference . ~ point 2. Residents who do receive veterans preference ...... 2 points RULE VIII - EXAMINATIONS SECTION 1. RECRUITMENT BY EXAMINATION: Ail appointments in the classified service shall be made according to merit and fitness. Merit and fitness shall be ascertained by examinations which shall be prepared by or under the direction of the Personnel Director. All examinations shall be impartial and shall relate to those matters which will test fairly the capacity and fitness of the applicants to discharge efficiently the duties of the positions to be filled. Examinations may be assembled or non-assembled, and may include written, oral, physical tests, performance tests, ratings of training and experience or any combination of these. They may. take into consideration such factors as education, experience, aptitude, knowledge, character, physical fitness or any other quali- fications or attributes which, in the judgment of the Personnel Director, enter into a determination of the relative fitness of applicants. Promotional examinations shall take into consideration the quality and length of employment, in addition to any or all of the above factors. SECTION 2. IDENTITY OF EXAMINEES CONCEALED: The identity of all persons taking a competitive written test shall be concealed from the examiners by the use of an identification number yhich shall be used on all examination papers. This number shall be used from the beginning of the examination until all test papers have been rated. Any papers carrying the name of the applicant, or any other identifi- cation mark, or any applicant who reveals his identification mark, or any applicant who reveals his identification number to the Personnel Director or to any member of his staff, directly or indirectly, shall be disqualified and the applicant so notified. SECTION 3. RATING EXAMINATIONS: Appropriate scientific techniques and procedures shall be used in rating results of examina- tions and in determining the relative ratings of the competitors. Final examination grades shall be expressed on a scale of 100 for maximum possible attainment and 70 percentile the required passing ~ grade. In the case of all examinations veterans preference, residence or other c~edit shall be in addition to the above minimum of 70 percentile. If a position is advertised at least in 3 newspapers and applicants are unable to attain a 70 percentile, the Civil Service Board may lower the passing point not lower than 60 percentile for one (1) testing Cycle only provided the' City Manager certifies that the position must be filled, otherwise no exception will be made. -11- The final ratings of successful competitors who have attained ~ passing score of 70 or above shall be rounded off to%hole numbers 'according to the following: .50 and ~bove, the next highest rating; ~ below .50, the next lower rating; i.e. 81.51 equals 82, 81.49 equals 81. SECTION 4. MINIMUM GRADES ON EACH SECTION: The Personnel Director may determine the minimum qualifying grade for any part or parts of an examination. Any applicant who fails to attain at least this minimum grade shall be considered to have failed the examination and shall not be examined on any further parts, if any are planned. SECTION 5. NOTIFICATION OF RESULTS: Each applicant taking an examination shall be given written notice of the results thereof, and,if successful, of his final earned rating and his relative position on the list. SECTION 6. INSPECTION, OF PAPERS: Any applicant shall have the right to make one personal inspection of his examination papers within one month from the date of establishment of the list. A manifest error in rating a test or test procedure shall be corrected if called to the attention of the Personnel Director within the inspection period. Such corrections shall not invalidate any appointment previously made from such list~ SECTION 7. PROMOTIONAL EXAMINATIONS: Vacancies in higher positions in the classified service shall be filled by the promotion of employees in the service whenever in the judgment of the City Manager and the Personnel Director it is in the best interests of the city to do so. When the determination is made that there will be a promotion, the Personnel Director shall designate the lower class or classes to which the promotional examination is to be given. The Personnel Director may also prescribe other reasonable requirements in the examination announcement. SECTION 8. ANNOUNCEMENT OF PROMOTIONAL EXAMINATIONS: Ail promotional examinations shall be publicized at least one month in advance of the examination by posting announcements on a bulletin board in the City Hall and in such other places and in such other manner as the Personnel Director deems advisable. Copies of all such announcements shall be furnished the departments affected. SECTION 9. SERVICE CREDIT IN PROMOTIONAL EXAMINATIONS: Reg- ular employees who receive a passing grade in promotional examinations shall have a credit for continuous city service added to such grade which shall be computed as follows: one-fourth of one point shall be added for each full year of uninterrupted service up-to a maximum of twenty years of such service. · SECTION 10. UNSKILLED AND SEMi-SKILLED LABORERS, DOmeSTIC, ~TTEN~ANT OR CUSTODIAL WORK: Unskilled and semi-skilled laborers, 'domestics, attendants or custodial workers may be appointed after such non-competitive tests of fitness as the Personnel Director may prescribe. SECTION 11. NON-ASSEPIBLED EXAMINATIONS: A. Whenever the Personnel Director determines that possible applicants are not available in sufficient numbers to justify holding assembled examinations, he may conduct examinations for such classes on a continuous non-assembled basis. B. The names of successful applicants shall be placed on the appropriate eligible list in order of their relative grades without .reference to priority of time of examination. C. A person who competes in or is disqualified from a non-assembled examination for a particular class is eligible to compete in another examination for the same class after an elapsed time as determined by the Personnel Director. RULE IX - ELIGIBLE LISTS SECTION 1. ESTABLISHMENT OF ELIGIBLE LISTS: The Personnel Director shall establish and maintain such eligible lists for the various classes of positions as are necessary to meet the needs of the service. Each such list shall contain the names of those persons who are deemed by virtue of the examination process to be qualified to perform the duties required in the specific class. Such persons shall be notified and take rank upon such lists in the order of their relative grades as determined by Rule VIII, Section 3. Eligible applicants attaining the same score shall be considered to have the same rank on the eligible list. SECTION 2. DURATION OF LISTS: The term of eligibility of each eligible list, and the names appearing thereon shall be for two years. Any such list, excepting those lists established as a result of continuous non-assembled examination, which has been in force for more than six months shall be deemed canceled upon the establishment of a new eligible list for the same class of positions. SECTION 3. REEMPLOYMENT LISTS: A regular employee who has been involuntarily separated from the city service without fault or delinquency on his part shall have his name placed on, a reemployment list for the same class of position he held at the time of his separation. The name of such employee shall be placed upon the list in the order of his total continuous time served in the class. Such employee shall be eligible for reemployment for a period ~f two years from the date of separation. 13. · SECTION 4. REMOVAL OF NT~vLES FRObt LISTS: m,ay at any time remove the name of an eligible ,one or more of the The Personnel Directou from a list for any following causes: A. At the request of the eligible. B. Failure to respond to notice to appear for interview within the time limited in such notice. C. Declination of permanent appointment. D. Failure to notify the Personnel Director of a change of address. E. Appointment to a permanent position through specification from a list for another class at the same or higher salary. F. In the case of promotional lists, upon separation, other than layoff, from the city service. G. In any case where the Personnel Director finds that an eligible is or has, in any manner become disqualified for the class which he is listed, in accordance with Rule VII, Section 6, of these rules. SECTION 5. RESTORATION OF NAMES TO ELIGIBLE LISTS: Whenever any person's name is removed from an eligible list for any one or more of the causes mentioned in the preceding section, he shall immediately be notified thereof unless his whereabouts are unknown. Such person may, within five days from date of removal, make a written request to the Personnel Director for restoration of his name to such list for'the duration of his eligibility. The request shall set forth the reasons for the conduct resulting in removal of the name from the list and shall further specify the reasons advanced for restora- tion of the name, The Personnel Director, after full consideration of the request, may restore the name to the eligible list or may refuse such request. The person shall be notified of the Personnel Director's action. RULE X - APPOINTMENTS SECTION 1. PROCEDURE FOR FILLING VACANCIES: Ail vacancies in the classified service shall be filled by original appointment~ promotional appointment, provisional appointment, re-employment, re-instatement, transfer or demotion. Whenever a vacancy is to be filled the department head shall make requisition upon the Personnel Director for eligibles for appointment to the class of position for which the vacancy exists. Such requisition shall be upon the form provided by the Personnel Director. If the position is permanent the Personnel Director shall certify to the department head the proper number of names from the appropriate list or authorize some other kind of'appointment as provided in these rules. SECTION 2. PRIORITY OF LISTS: Certification shall be made from existing lists 'in the following order of preference: 1. Re-employment lists. 2. Promotional lists. 3. Employment lists. 4. Re-instatement lists. Re-instatement lists may rank before or after employment lists at time of certification by specific request of the appointing authority. SECTION 3. CERTIFICATION FROM THE LIST: Upon receipt of a valid requisition for an eligible to fill a vacancy, the Personnel. Director shall certify to the requesting department head the names and addresses of those eligibles on the list for the class, who have indicated willingness to accept appointment in accordance with Section 2 above and based on the "Rule of Three Scores." The "Rule of Three Scores" means that the names associated with the three highest scores as determined by Rule VIII, Section 3, and Rule IX, Section 1, shall be certified to a vacancy with one additional score being certified for each additional vacancy provided, however, that a fewer number may be certified when there is not the required nut,her on the list. In the case of insufficient scores on a promotional list the Personnel Director may augment those scores by a sufficient number from the appropriate employment list in order to make a complete certification. The department head shall select from the eligibles certified to him, the number of persons required for the vacancies to be filled and recommended to the City Manager through the Personnel Director that they be appointed. SECTION 4. INCOMPLETE CERTIFICATION: When the number of names (irrespective of the number of scores) available for filling any vacancy is fewer than three the department head, with the approval of the C~ty Manager, may decline certification for that vacancy and request that the vacancy be filled by provisional appointment or in any other manner provided by these rules. ~ SECTION 5. NOTICE OF CERTIFICATION TO THE ELIGIBLE: Whenever the name of an eligible is certified the eligible shall be sent written notice of his certification. Such notice shall state the time within which he must report for interview. SECTION 6. WAIVER OF CERTIFICATION: Eligibles may waive certi- fication upon filing reasons satisfactory to the Personnel Director. Waivers'must be filed with the Personnel Director within five days 15. from the date of notification of certification and if approved, the n~me of such eligible shall not be certified ~mntil waiver has been withdra~m upon written request therefor. Failure to execute a satisfactory waiver or to report for interview within the time indicated shall be deemed sufficient cause for removing the nmme of such eligible from the list. SECTION 7. PROVISIONAL APPOINT~NT: ~enever there are urgent reasons for filling a regular position in a class for which appropriate lists or the required nmmber of eligibles are not then available, the City Manager may authorize the vacancy be filled by a provisional appointment. In such case, preference for provisional appointment shall be given first to persons whose names are on appropriate lists, secondly, to persons in the city service whom the Personnel Director finds to be qualified; thirdly, to persons who have applied for appointment as regular employees and whom the Personnel Director believes to be qualified. Provisional appointments shall be terminated at such time as %he required certification and appointment can be made from a list and shall be for not longer than six months. SECTION 8. TEMPORARY APPOIN~ENT: Tempora~r appointments may be made of persons whose employment is expected to be of a seasonal nature or whose services are required for a special job or project and when it is expected that the services of such persons will be no longer necessary at the close of the season or upon completion of such special job or project for which they have been appointed. Temporary appointments may also be made to fill vacancies resulting from regular employees on authorized leave of absence. The City Manager will approve of all temporary appointments. Such appointments shall be made from the appropriate lists insofar as practicable and shall be for a specific period. The acceptance of such appointment by an eligible shall not affect his standing on the list for permanent appointment. SECTION 9. EMERGENCY APPOINtmeNT: Emergency appointments may be made by the City Manager or in his absence the Mayor in case of riot, conflagrations or other emergency which threatens lift property or the general welfare of the city. Such appointments shall continue only during the period of such emergency and shall not continue longer than thirty calendar days. SECTION 10. TRANSFER: A position may be filled by transferring an employee from another position of the same class or similar class with essentially the same basic qualifications excepting that in no case shall an employee be transferred to a class having a higher maximum salary than the class from which the transfer is made, unless the employee is qualified in the new class and is on the register for that position. Transfers must be approved by the department heads affected, the Personnel Director and the City Manager and the employee concerned and shall be executed on the prescribed form. Any such transferee shall be on probation for six (6) months in said department. SECTION 11. DEMOTION: A. A position may be filled by the demotion of a regular employee in accordance with the procedure for demotion as outlined in Section 5 of Rule XII. B. An employee may also be demoted upon his ~n initiative with the approval of the Personnel Director and department head concerned and shall receive status in this new ctass~ if he has status in present class. -16- SECTION 12. PROBATIONARY PERIOD: ~ae probationary period shall be regarded as 'an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the new employee 'to his position and for rejecting any employee whose performance does not meet the required work standards. Ail appointments shall be probationary and subject to a probationary period of one year after appointment except those positions filled through promotion. Probationary period shall then be six mouths. The Persom~el Director may grant status to persons appointed from a re-employment list without a probationary period. The department head shall make such periodic reports during an employee's probationary period as the Personnel Director may require and shall notify the Personnel Director at least 15 calendar days prior to completiou of the probationary period whether the services of the employee have been satisfactory and whether he will continue the employee in his position. Such notice shall be on the prescribed form and a copy shall be given to the employee. At any time during the probationary period the City Manager may remove am employee whose performance does not meet the required work standard provided that he shall notify the employee and the Personnel Director of the reasons for such action. If an employee promoted to a higher class as a result of appointment from a promotional list is found unsuited for the work of the class during the probationa period he shall be reinstated to a vacant position in the class from which he was promote If no vacancy exists, the name of such employee shall he place on the appropriate re-employment list. If an employee who has been transferred is found unsuited for the work of the class during the probationary period, he shall be reinstated to a vacant position in the class from which he was transferred. If no vacancy exists, the name of such employee shall be placed on an appropriate re-employment list. SECTION 13. MEDICAL EXAMINATIONS: Applicants for positions in the city service may be required to undergo a medical examination to determine physical and mental fitness to perform work in the position to which appointment is to be made. Ail employees of the city during their period of employment may be required by their department head with the approval of the Personnel Director to undergo periodic medical examinations to determine their physical and mental fitness to perform the work of the position in which they are employed. Such periodic medical examinations shall be at no expense to the employee. Determination of physical or mental fitness will be by a physician or physicians designated by the ?ersor~el Director. When an employee of the city is reported by the examining physician to be physically or mentally unfit to perform work in the position which he is employed, such employee may within five days from the date of his notification of such determination by the examining physician, indicate in writing to the Personnel Director his intention to submit the question of his physical or mental unfitness to a physician of his own choice. In the event there is a difference of opinion between the examining physician and the physician chosen by the employee, then a physician shall be mutually designated by the examining physician and the physician chosen by the employee whose decision shall be final and binding as to the physical or mental fitness of the employee to perform the work of the position in which he is employed. The city shall pay its physician; the employee shall pay his physician; and the third physician shall be paid by the loser. A~plicants and eligibles determined to be physically or mentally unfit for service shall not be considered for appointment. An employee finally determined to be physicall~ or mentally ~nfit to continue in the position in which he is employed may be demoted in accordance with these rules or separated £rom the city service. SECTION 14. APPROPRIATE LIST: The Personnel Director may certify to a ~acancy, applicants from eligible lists of classes other than the class of vacancy, if, in his judgment, the lists are appropriate due to similar qualifications and/or examination and a higher classification than the class of vacancy and there is an insuf£iciemt list for the specific class vacancy. -18- RULE XI - GEneRAL PERSONneL POLICIES AND PROVISIONS SECTION 1. HOURS OF WORK: The City Manager shall establish hours of work which insofar as practicable shall be uniform within occupational groups v~hich shall be determined in accordance with the needs of the service and which shall take into account the reasonable needs of the public who may be required to do business with various city departments. Employees who work over stipulated hours whenever necessity demands additional service of an occasional nature shall be compensated at the overtime rate or given compensatory time off in accordance with the Pay Plan. Employees shall be paid for legal holidays and those called to work, except those of the Police and Fire Departments, shall also be paid for the time worked at the regular rate or as provided in Section 3 of this rule. Hourly rate employees must work their regular work days immediately before and after the holiday in order to receive pay for the holiday. Part time employees shall not be entitled to holidays with pay. SECTION 2. LEGAL HOLIDAYS: Legal holidays to be observed by the city's employees unless such employees are required to be on regular duty are: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day~ Thanksgiving Day, Christmas Eve and Christmas Day and such other days as may be designated from time to time by the City Council. ~';hen a holiday falls on a Saturday or a Sunday the following Monday or preceding Friday as the City Manager may elect shall be declared a holiday for city employees. SECTION 3. VACATION LEAVE: On or after the enactment of these rules, each full time employee shall earn vacation leave at the rate of one working day per month during the first two years of service. Each employee shall at the end of each year thereafter be credited with one--half day (4 hours) per year additional vacation leave for each ~ull year of continuous service, but no additional credit shall be earned after his or her 15th year o£ service. Employees on probation may accrue vacation. In the determination of vacation leave, full time, continuous service prior to the enactment of these rules and regulations shall be considered but in nc event shall vacation leave be carried fo~vard in excess of leave accrued but not taken in the year 1972. For purposes of vacation leave uniformed members of the Fire Department shall be considered as working a five day week. Members of the uniformed services of the Police and Fire Departments and such other employees required to be on regular duty on legal holidays and who receive no additional compensation for h~liday work shall be credited with additional vacation leave · e~tual to the number of holidays worked, In computing vacation leave earned only those months shall be counted during which an employee has worked three quarters or more of his regular work days. Vacation leave may be taken as earned subject to the approval of the department head who shall schedule vacations so as to meet the operating requirements of the department. Employees may a~crue, with approval of department head, vacation leave to a maximum of the leave earned in %w0 employment yeats ~ with written approval of the City Manager. In the event an employee has been unable to take advantage of vacation leave as earned, with the result that said employee has accumulated the maximum, he may absent himself from work, after giving his supervisor 30 days notice, in order to prevent the loss of vacation leave beyond the maximum. Provisional and temporary employees shall be entitled to the same vacation leave allowance to which regular employees are entitled in accordance with the provisions of this section. Part-time employees shall not be entitled to vacation leave. Regular employees and the aforesaid provisional and temporary employees who upon leaving the city's service in good standing,be compensated for vacation leave accrued to the date of separation. In computing vacation taken all employees shall be charged one (1) hour leave for each hour not worked. SECTION 4. SICK LEAVE WITH PAY: Sick leave with pay shall be granted to regularly employed full time employees at the rate of one working day for each completed month of service. Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular work day pay. Sick leave shall not be considered as a right which an employee may use at his discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease, or in the case of illness within the immediate family. No more than five working days in any calendar year may be taken as sick leave because of illness~ithin the immediate family. Sick Leave will not be granted if it falls on regular days off or on a holiday. 20. , In order to be granted sick leave with pay an employee must meet the following conditions: A. Notify his immediate supervisor not later than 1 hour before the beginning of the scheduled workday of the reason for absence or within lesser limits if required by the department head. B. Permit such medical examination, nursing visit or inquiry which the city deems desirsble. C. File a written request for such sick leave on the form and in the manner to be prescribed and in the event that the absence is for more than three working days submit, if requested by the depart- ment head, a medical certificate signed by a physician stating the kind and nature of his sickness or injury, that the employee has been incapacitated for work for the period of absence, and that he is again physically a~le to perform his duties, or not able as the doctor certifies. Employees serving a probationary period on an original appoint- ment shall accrue sick leave in accordance with the provisions of this section. In computing sick leave accrued only those months shall be counted during which an employee has worked three quarters or more of his regular work days. In computing sick leave taken all employees shall be charged one hours sick leave for each hour not worked because of illness. Claiming sick leave when physically fit shall be cause for discharge. Payment may be made at the rate o£ 1/4 of a day for each day accumulated not taken~ upon termina%ion or retirement not to exceed 30 days. SECTION ~ LEAVE WITH PAY: Ail pay granted under this section must be approved by the City Manager. Leave with pay may be authorized in order that regular employees may serve required jury duty, provided that such leave is reported in advance to the Personnel Director. In order to receive pay for such leave the employee must deposit the money which he received for jury duty with the City Finance Dtrec%or. Leave with pay may be authorized in order that any regular employee may serve required National Guard or Reserve active duty. In the event the compensation received by the employee from the National Guard or'Reserves is less than the amount of his salary for the same period from the City, then the City shall pay the difference. 21. Leave with pay for injury while on official duty on behalf of the City will not be charged to vacation leave, however, accumulated sick leave will be charged to insure the employee receives the difference between workmens' compensation and the amount of the normal pay. The City Manager must approve all payments made on leave with pay but in no case will more than 30 days be approved without approval of the City Council. SECTION 6. LEAVE WITHOUT PAY: A regular employee may be granted leave of absence without pay for a period not to exceed one year for sickness, disability or other good and suffi6ient reasons which are considered to be in the best interests of the city. Such leave shall require the prior approval of the department head, the Personnel Director and the City Manager. Leave of absence may be granted to a regular employee without limitation as to time to enable him to take an appointive position in the city service. Except under unusual circumstances, voluntary separation from the city service in order to accept employment not in the city service shall be considered as insufficient reason for approval of a request for leave of absence without pay. If for any other reason, leave of absence without pay is given, such leave of absence may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. SECTION ?. ~PROHIBITIONS: A. No person shall be appointed or promoted to, or demoted or dismissed from any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of his political or religious opinions or affiliations or his raced B. No person shall seek or attempt to use any political endorse- ment in connection with any appointment to a position in the classified service. C. No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or ~ttempt to ~ecure for any person an appointment to a position in the classified service, or an increase in or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. 22. ' · D. No employee in the classified service, and no member of the Civil Service Board shall, directly or indirectly, pay or · promise to pay any assessment, subscription or contribution for any political organization or purpose, or solicit os take part in soliciting any assessment, subscription or contribution to any political party or cause of any employee in the classified service. E. No employee in the classified service shall be a member of any national, state or local committee of a political party, or an officer or member of a committee of a partisan political club, or a candidate for nomination or election to any public office, or shall take part in the management of affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote. F. No person elected to public office shall, during the term for which he was elected, be appointed to any position in the classified service. G. No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of the charter and these rules, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of the charter and these rules. H. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable con- sideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in a position in the classified service. I. No employee, examiner, or other person shall defeat, deceive, or obstruct any person in his right to examination, eligibility, certification or appointment under the charter and 'thgse rules, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service. J. Any officer or employee who violates any of the provisions of this section shall forfeit his office or position. SECTION 8~ EMPLOYEE RIGHTS OF APPEAL: Any regular employee, who is dismissed, demoted or suspended or any employee who claims that the rules are improperly applied or misinterpreted to the detriment of such employee, as a matter of law may appeal to the Civil Service Board within 30 days after such action is taken. Upon such appeal, the department head, the appealing employee with counsel, if desired, and the City Manager shall have the right to be heard and to present evidence. At the hearing of such appeal, technical rules of evidence -23- shall not apply. The Civil Service Board, each member of the board,. · a~d the Personnel Director in his capacity as the secretary of the .board shall have power to administer oaths, subpoena witnesses, and compel the production of books and all p~pers pertinent to the appeal. Said hearing shall be held in the CityGouncit room at City Hall, shall be a public hearing on any appeal considering the dismissal of any employee. At least four members shall be present and a majority of those present must concur in any decision. The Civil Service Board shall make the final decision disposing of the appeal. If the Civil Service Board finds that the action complained of was taken for any political, religious or racial reason, or as the result of misinterpretation of law or of these rules, or other insufficient reason, the employee shall be reinstated to his position without loss of pay. An appeal to the Civil Service Board may also be taken by a regular employee who is suspended or whose payroll voucher the Personnel Director refuses to certify, and who claims that the suspension or refusal to certify payroll voucher was made for insufficient reasons. If the Civil Service Board finds that the employee was suspended or that the Personnel Director refused to certify his payroll voucher for insufficient reason, he shall be reinstated without loss of pay. A. Appeal Procedure - Any regular employee wishing to take an appeal to the Civil Service Board under the provisions of this section shall submit such appeal in writing to the Personnel Director who shall be responsible for arranging the hearing. Such appeal will state what action is being appealed and the general r~asons therefore. A copy of said appeal shall be promptly supplied to'the City Manager. B. Time Factors - Any regular employee submitting an appeal shall be granted a hearing by the Civil Service Board at the earliest practicable date; and in all events, within thirty'days after the filing of the appeal. The hearing before theboard, if possible, shall be limited to one day. The board shall transmit its findings to the City Manager within three days of the completion of the hearing. SECTION 9. '~ PRESENTATION OF EMPLOYEE GRIEVANCES: A. POLICY: It shall be the policy of the City of Bo~n%on Beach %o provide a procedure for the presentation and mutual adjustment of points of disagreement which arise between employees and their super- visors, and to assure employees that their problems and complaints will be considered fairly, rapidly and without reprisal. B. ' PURPOSE: The primary purpose of this grievance procedure is to determine what is right rather than who is right. Free discussion between employees and supervisors will lead to better understanding by both of practices, policies and procedures which affect employees. This will serve to identify and help eliminate conditions which may cause misunderstanding and grievances. ' ' This purpose is defeated if a spirit of conflict enters into · the consideration of a grievance. Supervisors and employees alike 'must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well-being of the organization. C. DEFINITION OF A GRIEVANCE: A grievance is a complaint, a view or an opinion pertaining to employment conditions, to relation- ships between an employee and his supervisor or to relationship with other employees. Employees should first discuss any problem or complaint which is in the nature of a grievance either with their immediate supervisor or with the Personnel Director. In many cases, the Personnel Director, with the employees consent, will be able to work out a satisfactory solution or to advise the employee regarding further presentation of his grievance. Whether or not the employee takes his problem first to the Personnel Director, the following procedure will be adopted for and the presentation of all grievances not resolved by the Personnel Director. D. PROCEDURE FOR PRESENTATION OF GRIEVANCES: 1. DISCUSS WITH SUPERVISOR: The employee shall!first take his grievance to his immediate supervisor who shall make a decision and advise the employee within three working days. It is not necessary or desirable that the grievance be presented in writing to the supervisor. Supervisors are encouraged to consult with their division heads, department heads, the Personnel Director, or any other individual who may be qualified to offer assistance or information which will aid the supervisor to reach a mutually equitable decision. 2. APPEAL TO DEPARTMENT HEAD: Df the grievance is not resolved by the immediate supervisor to the satisfaction of the employee, or if a decision is not made by him within three working days, the nature of the grievance and the desired solution may be submitted in writing by the employee to his department head. A duplicate copy should be sent by the employee to the Personnel Director who shall review the grievance and immediately notify the employee and his department head whether the grievance is subject to established ordinances, ~dministrative regulations or these rules. Upon receipt Iof notice from the Personnel Director that the grievance is not subject to established ordinances, regulations or rules, the department head shall then have the responsibility for settling the grievance and shall inform the employee in writing of his decision within five working days. Grievances which are subject to charter, ordinance, administrative regulation or these rules shall be handled as provided therein. 3. APPEAL TO THE CITY ~AGER: If the disposition of the · g~ievance by the department head is not satisfactory to the employee .or if a decision is not made within 5 working days, the employee may, in writing, request his department head to refer his grievance to the City Manager. All such requests will be forwarded to the City Manager by the department head without delay. This request must be filed by the employee within 5 working days after receipt of the department bead's decision and, in any case, not later than 10 working days after receipt of the department head's decision and, in any case, not later than 10 working days after he sent the original request to the department head. A copy of his request for review by the City Manager shall be sent by the employee to the Personnel Director. The City Manager, upon being notified by the department head of an appeal may affirm, deny, or modify the decision of the department head, or he may refer the appeal to the Personnel Director for submission to a grievance committee. In the event the department head has reached no decision within the allotted 5 working days, the City Manager may decide the case himself or refer the matter to the Personnel Director for submission to a grievance committee. The City Manager will act upon an appeal within 10 working days. 4. APPOINTMENT OF A GRIEVANCE COMMITTEE: When the Personnel Director is so notified by the City Manager, he shall assemble a grievance committee within 10 days following receipt of such notice. A grievance committee shall,be composed of three members. One member shall be the employee or his representative, one member shall be the department head or his representative, and the third member, who shall serve as chairman, shall be selected and mutually agreed upon by the first two. If an agreement cannot be reached, the Personnel Director shall appoint the third member. The chairman of the grievance committee shall schedule a hearing to be held within 15 days, at a suitable time and place, and shall so notify his committee members~ the employee, the department head, and the Personnel Director. 5. DECISIONS OF GRIEVANCE COMMITTEE: Within, 10 days following the conclusion of the hearing, the grievance committee shall supply the City Manager with four copies of its report and recommendation, as approved by a majority of the committee. Upon receipt of the committee's report and recommendations, the City Manager shall put in writing the course of action he intends to follow and shall forward one copy of his decision and one copy of the committee's report and recommendations to the department head; one copy of each to the employee; and one copy of each to the Personnel Director. The fourth copy shall be retained by the City~anager. The decision of the City Manager, rollicking consideration o£ the report and recommendations of the grievance committee, shall be final and the employee shall have no further right of administrative appeal except to the Civil Service Board. E. APPEAL TO TH~ CIVIL SERVICE BOARD. The charter and these rules grant to regular employees who have completed the initial one (1) year service the right to have reviewed by the Civil Service Board action leading to the removal, suspension, or reduction in rank of the employee. It is not intended thatthe grievance procedure herein set out conflict with, supersede, or in any way jeopardize these rights. Rather, it 'is expected that this procedere will apply to prevent problems, complaints or disputes from becoming so serious as to necessitate a personnel action subject to Civil Service Board review. SECTION 10. EMPLOYEE PERFORMANCE RATING: Employee performance rating reports relative to the conduct, capacity and performance of all regular employees shall be made by department heads at least once each year on the form and in the manner prescribed by the Persc~J~el Director. Such ratings may be considered as a factor in promotional examinations and as a factol in any other personnel transactions where it is not contrary to the City Charter or these rules. RULE XII - SEPARATION AND DISCIPLINARY ACTION SECTION 1. RESIGNATION: Any employee wishing to leave the city service in good standing shall file with his department head, at least two weeks before leaving, a written resignation stating the date the resignation shall become effective and the reason for leaving. Failure to comply with the procedure may be considered cause for denying such employee future employment by the city. Unauthorized absence from work for a period of three working days may be considered by the department head as a resignation. Department heads shall forward all notices of resignation to the Personnel Director immediately upon receipt. SECTION 2. LAYOFF: The City Manager may l~y off any employee in the classified service whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position or because of changes in organization; however, no regular employee shall be laid off while there are temporary, provisional or probationary employees serving in the same class of position for which the regular employee is eligible and available. -27- %~henever the layoff of one or more employees shall become .n~cessary the City Manager shall notify the Personnel'Director, at .least ten days in advance, of the intended action and the reasons therefor. The Personnel Director shall thereupon furnish to the appointing authority the names of the employees to be laid off in the order in which such layoff shall be effected. Such layoff shall be made within classifications of positions and departments when probationary and regular employees are involved. Temporary and provisional employees, irrespective of department, shall be laid off, in that order prior to layoff of probationary Or regular employees. The order of layoff shall be in reverse order of total continuous time served upon the date established for the layoff to become effective. For reductions in force affecting police and fire uniformed classes the foregoing procedure shall apply with the exception that Senior classes will displace Junior classes. Example would be: if a Police Captain's position is to be abolished, the incumbent (in seniority and merit) would displace a Police Lieutenant, who would displace a Police Sergeant who would displace a Police officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. SECTION 3. ~USPENSION: The City Manager may, for disciplinary purposes, suspend a regular employee without pay for such length of time as the City Manager considers appropriate but not to exceed sixty days in any twelve month period. A written statement of the reason for suspension shall be submitted to the Personnel Director and to the employee affected in each case, such statement to be submitted within 24 hours of the time the suspension becomes effective, excluding Saturdays, Sundays, or genera~ holidays as provided by the rules. A regular employee may be suspended by the city Manager without pay for a longer period pending the investigation or trial of any charges against him. Such employee determined to be innocent of the charges against him may be returned to duty with full pay for the period of suspension. SECTION 4. DISMISSAL: Any employee may be dismissed by the City Manager for cause. Although dismissals may be based on other causes, any one or more of the following shall be sufficient: A. Incompetency or inefficiency in the performance of duties. B. Conviction of a criminal offense or of a misdemeanor involving moral turpitude. C. Violation of any of the provisions o£ the charter or these rules. D. Violation of amy l~ful and reasonable regulation, order or direction ~ made or given by a superior officer. E. Public intoxication or drinking any ~nto~icating beverage while on duty, being addicted to the use of narcotics or under the influence of any drug or narcotic or having alcohol on the breath when reporting to duty. F. Offensive conduct or language toward the public or fellow office or employees or abusive public criticism of his superiors or public officials. G. Carelessness or negligence in the use of the property of the City. H. Failure to pay or make reasonable provision for the £uture payment of just debts. I. Attempting to induce any officer or employee of the city to commit an act in violation of any lawful or reasonable regulation. J. Conduct, either while on or off duty, which reflects discredit upon the city. ~K. Hindering the regular operation of the department or division because of excessive absenteeism. L. Incapacity for the proper performamce of duties because of a permanent or chronic physical or mental ailment or defect. M. Being absent without leave or failing to report after leave of absence has expired. N. Failure to maintain a satisfactory appearance. SECTION 5. DEMOTION FOR INABILITY TO PERFO~ I~JTtES: The City Manager may, when he has determined a regular employee is unable to successfully perform the duties of his position, demote the regular employee to a position, the duties of which he is able to perform, in a class carrying a lower compensation. Status will be given the employee in the new class· A written statement of the reason for demotion shall be submitted to the employee affected and to the Personnel Director. RULE XIII - AMENDMENT OF PERSONNEL RULES SECTION 1. AMENDMENTS: Amendments or revisions to the rules may be recommended for adoption by the Personnel Director and the City Manager· Such amendments or revisions of the rules shall become effective after approval by the City Council. RULE XIV - SAVING CLAUSE If a~y section or part of a section of these rules is held by any court to be invalid or ~nconstitutional, the same shall not invalidate or impair the v lldlty, force and effect of any other section or part of a section of these rules unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon the section or part of a section so held invalid or ~aconstitution-