012-91-Ordinance-Amending Chapter 7, Appendix A Personnel Policies-09/03/1991111111111111111111111111 111111111111 111111111q111111 1111111111111111 1111111111 1111111111 1111111
BE IT ORDAINED By the City Council of the City of Sanger, Denton Countg 7-
T&xas, That Chapter 7, Appendix A of the Sanger Code of Ordinances I
Hereby Amended To Read As Follows: I
Section I
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These Personnel Policies shall become effective upon adoption and
approval of the City Council of the City of Sanger, Denton County;
Texas.
(A) The City Manager is appointed by the City Council to be the
head of the Administrative branch of the City Government
and its chief operating officer. He shall be responsible to
the Council for the proper administration of all affairs of the
City and to that end shall have the authority to appoint and,
when necessary, remove all officers and employees of the City
except as otherwise specifically designated. The City
Manager may authorize a department head to appoint and
remove subordinates in their department.
(B) Neither the City Council nor any of Its members shall direct
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The City Manager shall be directly responsible for the proper ,
administration of the personnel rules and policies although lie may
elect to delegate the direct implementation to the respective
department heads.
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The City Council may, add, delete or amend any and all ortions
of this policy statement in order to more effectively anlefficiently
promote the interest of the City of Sanger.
the intention of the City Council to provide the City o
Sanger with the best possible municipal government and
services while promoting and safeguarding the Interests
of each employee.
(B) The City of Sanger, Denton County, Texas, declares Itself
to be an Equal Opportunity Employer and does not
discriminate in its hiring practices because of race, gende
religion, creed or color. I
(C) The City of Sanger is an at -will employer, and nothing
contained in these policies and procedures shall be construed
to create a contractual employment relationship or property
interest. No supervisor or Department Head has any authority
to modify the at -will status of employment, any such
modification must be in writing and signed by the City Manager.
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(A) Employment with the City of Sanger shall be based on the best
qualified person for any position. No one shall be employed in
any position with the City until a completed application for
employment is delivered to the City Manager's Office. All
applications for employment that have not resulted in
employment will be retained for not more than six (0) months
prior to being destroyed.
CITY SECRETARY
ORIGINAL COPY
(B) Applications that have resulted in employment will be
included in the employee's permanent employment record.
(C) The employee shall notify the City Secretary's office for any
change in address, current telephone number and any change
that would affect benefits, any personnel policies, or job
performance.
A medical examination by a licensed physician as determined b
the City� shall be required for all employment candidates for a
position amination must be administere
and passed prior to employment with the City� Cost of the
examination shall be borne by the City of Sanger. I
2.03 Driving Record
(A) Many positions within the City require various classes of
Texas Motor Vehicle Operators Licenses. Each employment
candidate must possess a valid Texas Operators license
applicable to the vehicles, equipment and machinery their
job classification would require them to operate.
(B) All employment candidates will have a driving record check
through the Texas Dept. of Public Safety prior to their hire.
No one will be employed for a position which requires the
operation of a motor vehicle with a DWI or DUID conviction
or more than two (2) moving violations in the past 24 months.
Various departments within the City may require certain licenses
or levels of education either prior to or following employment.
When such requirements exist they must be fulfilled within
established or mandated time tables in order to continue employ-
ment.
CITY SECRETARY
ORIGINAL COPY
2.05 Nepotism
The City of Sanger will not employ anyone related to any member of
the City Council either by blood or marriage. This restriction also
includes the City Manager and his immediate staff.
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(B) No employee shall engage in partisan political activity during
working hours.
2.07 Employee Orientation
(A) Upon selection of the best qualified applicant, the department
head will direct the candidate to the Office of the City
Manager for orientation to include the following:
1). Personnel policies.
2). Retirement benefits.
3). Insurance benefits,
4). Attendance requirements.
5). Disciplinary and grievance procedures.
6). Payroll procedures.
7). Probation requirements.
8). SafetyManual.
9). Copy of Drug Screening Policy.
�13) All new employees shall complete the following prior to
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beginning their duties:
1). Immi ration 1-9 Citizenship form.
2). geral and state payroll deduction form
3). Group insurance and 125 plan forms.
4). TMRS enrollment.
(C) The new employee will complete and return to the City
Manager's Office the acknowledgement form attached to the
last page of this statement as an indication that they have
read and understand the personnel policies of the City of
Sanger.
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In general, full-time City employees work five (5), eight (8) hour
work days per week; forty (40) hours per week- Work hours may
vary from department to department. Each department head
shall have the responsibility of assigning work shifts necessary to
insure adequate public services.
3.02 Overtime
'A) When non-exempt employees arw e required to ork one (1)
hour or more in excess of the regular daily work schedule, such
extra time shall be indicated on payroll time sheets -under the
date the time was worked.
I ,B) Supervisory personnel are exempt positions and are eligible
for overtime compensation only when authorized by the
City Manager.
Employees are authorized two (15) fifteen minute breaks for each
eight (8) hour work period. Employees should arrange their rest
breaks in accordance with departmental procedures so as not to
interfere with City business. Failure to take a rest break does not
constitute extra time worked during a normal eight (8) hour work
period.
CITY SECRETARY
ORIGINAL COPY
3.04 Sick Leave
(A) Sick leave is defined as the temporary inability of an
employee to perform his/her normal duties and assignments
due to personal illness or illness in his/her immediate
family (household) for whom the employee is responsible.
Each employee shall be entitled to one (1) day of sick leavo
per month to accumulate to a total of twelve (12) days per
year.
(B) Upon returning to work, employees absent for three (3) or
more days may be required to present a physician's state-
ment
(C) Sick leave will be awarded on the last day of each calendar
month
(D) Sick leave may be accumulated up to ninety (90) working
days.
(E) Any full-time employee with more than one calendar year
of service will be entitled to one (1) personal holiday,
during the preceding calendar year, no more than one
(1) sick day was taken by the employee.
(F) Upon accumulation of ninety (90) days of sick leave
(minimum of eight (8) years service), all full-time employees
will be allowed to return a ratio of sick days to the City
at their current daily rate of pay. The following chart
will be applicable to determine the number of days eligible
for pay for qualifying employees for each calendar year
contributing to accumulated sick days in excess of 90 days:
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Less than ten (10) additional days of sick leave will not
qualify for reimbursement.
(G) Any employee who separates employment from the
City of Sanger in good standing and has attained eight
(8) years of continuous service with the Citv will be
eligible for compensation at their current daily rate for
1/3 of their total number of accumulated sick days, not
to exceed a maximum of thirty (30) days.
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(A) Upon completion of one (1) year of service, employees will W
eligible for vacation benefits, either as time off with pay or
as terminal pay in cases of separation from City employment
in good standing.
(B) Each employee will be entitled to ten (10) vacation days upon
the completion of their first year of service. After five (5)
years of continuous service, the vacation rate will be twelve
(12) days per year. After ten (10) years of continuous
service, the vacation rate will be fifteen (15) days per year.
Upon completion of the fifteenth (15) continuous year of
service and thereafter, the vacation rate shall be twenty
(20) days annually.
(C) Department heads will arrange vacation schedules and
reallocate duties to minimize interference with the normal
function and operation of their organizations. Vacations
shall be scheduled where possible in order of seniority
within a given department.
(D) The term "year of service" is to be defined as from
January I to December 31 after the employee's first vacation.
(E) A "month of service" for figuring vacation and sick leave
benefits will be allowed on parts of months as follows:
employee's first month on the payroll will count
only if he was hired on the first (1st) through the
fifteenth (15th).
2). The employee's last month on the payroll will count only
if he terminates on the sixteenth (16th) or later in that
month.
(F) Each full-time employee shall be entitled to receive five
(5) days of his vacation in pay per full year employed at his
current daily rate.
(G) Each full time employee shall take at least five (5) days of
(H) Vacation time shall not be carried over from year to year
without express written consent by the City Manager.
(1) No vacation benefits will be earned by temporary or part-
time employees working less than 25 hours per week.
(J) Vacation time will be pro-rata during their first year of
employment and thereafter full vacation benefits will be
allowed.
The City Manager may grant emergency leaves of full time
employees in case of death or serious illness of a member of the
employee's immediate family, not to exceed five (5) days per year.
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Immediate family is to include the employee's spouse and
dependents, parents, grandparents and the spouse's parentspnd
grandparents.
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Leave of absence without pay may be granted to full time
employees. Requests for such leave shall be in writing and
submitted to the City Manager ten (10) working days in advance
of the requested beginning date of the leave. The City Manager
or his designee shall have the sole authority to authorize a leave
of absence. In no case shall such leave exceed ninety (90) calendar
days.
Equal Employment guidelines provide that pregnancy,
miscarriage, childbirth and recovery are considered temporary
disabilities for the period in which an employee cannot or, upon
physician's advise, should not return to work.
The time when a pregnant woman should cease or return to work
must be determined on an individual basis. When in the opinion
of her obstetrician an employee determines that she should not
continue to work, she is entitled to all accrued salary and vacation
pay.
After delivery� prior to returning to work, she shall provide the
City Manager's Office with a physician's statement releasing her
to resume her duties. If the employee decides not to return to
work, she must submit a letter of resignation to the'City
Manager's Office.
(A) The provisions of HB. 76 1, Acts of the 53rd Texas
Legislature provide that on or after May 27, 1953, all
employees of a municipality who are members of the National
Guard, Official Militice of Texas, or of any of the reserve
units of the Armed Forces of the United States, excluding
the Merchant Marine, when so ordered or authorized, shall
be entitled to a leave of absence with pay during any period
when they shall be engaged in field training or encampment,
or when ordered to duty with troops for field exercises, or
for instruction, and not to exceed fifteen (15) days during
any one calendar year.
(B) This policy applies to employees serving as members of the
above mentioned military units, but not to employees who
volunteer or are drafted into full-time military service.
(C) Military Leave with Pay shall be in addition to any other
form of leave with pay to which an employee may be
normally entitled and shall not exceed fifteen (15) working
days for which the employee would normally receive pay
in any one calendar year.
(A) Any employee directly summoned to serve on a jury, grand
jury or in a court trial shall be granted leave with pay by his
department head for the time away from work required by such
duty�
(B) Full-time employees upon authorization of their department
head or the City Manager, are authorized leave to attend
conferences, seminars, conventions, schools and similar
events designed to enhance work skills, training and
performance that are beneficial to the City of Sanger.
Attendance to such events is limited to budget restraints.
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(A) The City of Sanger declares and designates the following
holidays to be observed with pay by all City employees
occupying full time positions:
New Year's Day
Martin Luther King, Jr. Birthday
GoodFriday
Memorial Day
CITY SECRETARY
ORIGINAL COPY
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
ChristmasDay
(B) Other days may also be designated by the governing body
of the City of Sanger.
(C) Should a holiday fall on a Saturday or Sunday, it shall be
observed on the preceding or following work day as
applicable.
Section IV
Disciplinary Policies
Department heads are charged with maintaining proper working
standards and discipline within their departments. Employees
guilty of misconduct malfeasance, nonperformance, abuse of the
public, insubordination, unproductive behavior and/or habitual
abuse of work rules and regulations shall be subject to
discnary action in accordance with the disciplinary policies
herein set forth; provided, however, nothing In these policies and
procedures is intended to imply that the discnary steps or action
contained herein must be followed in any particular order. Softie
violations or performance failures are so serious that immediate
discharge is appropriate.
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An employee repeatedly in violation and conflict of stated policies
shall be reprimanded in writing. A copy of the reprimanded
shall be placed in the employee's permanent personnel file. A
written reprimand shall include, but not be limited to:
1). Nature of offense.
2). Date and time of offense.
3). Location of offense.
4). Recommendation for improvement
5). Next action to be taken if cited conduct is repeated.
6). Date reprimand issued.
7). Signature of department head.
8). Signature of employee.
CITY SECRETARY
ORIGINAL COPY
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Such recommendation shall be in writing and is to includc
i-.-t least the information specified in Section 4.01.
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(A) For repeated violations of City of San er policies and rules."""
the department head can recomme2 an employee be
suspended without pay for a period not to exceed thirty (30)
calendar days.
(B) Such recommendation shall be in writing and be submitted
to the City Manager for approval. If approved, the
suspension shall be effective immediately and a copy shall
be placed in the employees permanent personnel file. The
written recommendation shall include, but not be limited tol
the information required in Section 4.01.
(c) Any employee charged with a violation of the Criminal
Ordinances of the City of Sanger, County of Denton, laws of
the State of Texas or United States may be suspended
pending the completion of any investigation or trial.
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1). Failure to meet prescribed standards of work.
2). Theft of City Property.
3). Destruction of City Property.
4). Incompetence, Inefficiency or negligence in the
performance of duty.
5). Insubordination that constitutes a breach of discipline.
6). Conviction of a felony. ,
7). Unauthorized absence or abuse of leave privileges.
8). Acceptance of any valuable consideration which was
given with the expectation of influencing the employee
in the performance of his duties.
9). Falsification of records.
10). Use of official position for personal advantage.
11). Use of City equipment or material for personal benefit.
12). Using intoxicants while on duty.
13). Reporting for duty while under the influence of
intoxicants.
(B) Employees may also be dismissed when in the judgment of
the department head and the City Manager, the best interest
of the City or the maintenance of discipline within the
organization dictates such dismissal.
(A) It is the policy of the City of Sanger to hear all employee
grievances and resolve the question as promptly and
effectively as possible. As a means of assisting employees
of the City in the proper handling of grievances, a procedure
is established herein.
All grievances shall be settled solely through these procedures.
Every effort will be made to settle a disagreement at the
lowest supervisory level; however, an employee may appeal
from one step to another provided the appeal is made within
the prescribed time limits.
(B) Failure to follow the procedural requirements will result in
dental of further case consideration.
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If an employee alleges a grievance, he must first attempt to
effect a settlement of the matter with his immediate supervisor
through a prompt and thorough discussion. If this joint
effort falls to resolve the problem, the employee may appeal
by filing a written statement outlining the nature of the
grievance wn two (2) working days following the
discussion of the parties involved.
(D) Step 2 - Department Hea-,-0
If the grievance is not satisfactorily settled at Step 1, the
employee may appeal to the department head by filing a
written complaint which includes a notation of the action or
decision rendered by the employee's supervisor. The depart--
ment head will make a decision within two (2) working days
following receipt of the appeal and will immediately notify the
employee in writing of the decision and forward a copy of the
grievance and decision to be placed in the employee's personnel
file. The employee may accept or appeal the decision of the
department head.
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[f the grievance is not satisfactorily settled at Step 2, the
employee may request in writing, that his case be reviewe
by the City Manager, such request to be made within three
(3) working days following notice of decision of the depart-
ment head. The City Manager shall render a decision withi-
ten (10) working days from the date of the appeal.
(F) Step 4 - City Council
In case of dissatisfaction with the decision of the City
Manager, the employee may make a final appeal to the City
Commission within thirty (30) days following notice of
decision of the City Manager. Such appeal must be by
written petition specifically stating the items of complaint and
the petition to be directed to the City Council through the City
Manager's Office in sufficient time prior to the Council
meeting in order to have the hearing placed on the agenda
The employee has the right to ask that such appeal be heard
in executive session, The decision of the City Council, in all
cases, shall be final.
Section V
Termination Procedure;�
(A) In order to resign in good standing, employees in full time
positions must submit written notice to the City Manager's
Office two (2) calendar weeks prior to the intended date of
resignation. The written notice shall include, but Is not
limited to:
1). Date of letter.
it). Last date of employment.
CITY SECRETARY
ORIGINAL COPY
3). Reason for resignation.
4). Forwarding address.
5). Signature of the employee.
(B) All records, property� equipment and/or other instruments
belonging to the City of Sanger in the position or issued to the
terminating employee, shall be returned to the City before
a final paycheck is issued. I
Employees may be discharged without prejudice by reason of la
of work or funds or the abolishment of positions. Insofar as
practicable or for the betterment of a department, department
heads will give at least two (2) weeks advance notice of such
force reduction. The criteria for action will be: I
2). Part-time employees, in order of seniority.
3). Full time employees, in order of seniority�
(A) The City Manager may abolish a position of employment when
one or more of the following conditions exist ,: ,
1). When the position is no longer required in order to
provide services for the citizens of the City.
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3). When there is insufficient revenue to support the function
of the position.
(B) No position of employment shall be abolished solely as
method of removing a person from employment. i
Section VI
Accident and Injury Procedures
6.00 Safety
(A) Employees of the City of Sanger will follow all safety
regulations established and use all safety equipment provide-d
by each department
CITY SECRETARY
ORIGINAL COPY
(B) Each department head is responsible for reviewing all work
procedures and enforcing all safety rules necessary and pro-
viding any safety equipment necessary to provide for a safe
working environment
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aKe necessary action Lo 1D151XC _MC BUM ffalltspon LIM R W
treatment of the injured, The supervisor shall then notify the
City Manager's Office of the incident and shall file a written
accident report with the City Manager.
Any employee injured on the job must fill out a "first report of
injury' form and deliver it to the City Manager's Office. This
form can be obtained in the City Manager's Office. Upon receipt
the form will be forwarded to the Citys Worker's Compensation
insurance carrier for review.
(A) Subject to paragraph (D) below, an employee injured on the
job shall be granted injury leave, not charged against
accrued sick leave or vacation time, to extend for the
duration as a licensed physician shall certify that the injure
is unable to return to work; but in no event to extend beyo
sixty-five (65) continuous working days unless expressly
authorized by the City Manager. I
(B) During such injury leave, the City of Sanger shall pay the
injured employee, as direct payments from salary funds an
amount when confirmed with Worker's Compensation
Insurance benefits, equal to the employees regular pay.
(C) While on injury leave, an employee shall continue to earn
vacation and sick leave at the regular rate.
(D) An employee who is physically able and who fails to report
within twenty-four (24) hours, any injury, however minor, to
his supervisor and take such first aid treatment as may be
necessary shall not be eligible for injury leave.
(E) Part-time and temporary employees are eligible and covered
under provisions of Worker's Compensation Insurance.
(F) No employee will be gainfully employed outside of the.qit
Section VII
7.00 Employee's Morale
The City Manager, assisted by all department heads, is charge
with advising, formulating, sponsoring, and/or administering
programs designed to promote efficiency, welfare and morale
of all municipal employees. I
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(A) Department heads are charged with the responsibility
in-service training and instruction. They are also responsible
for applying rules and procedures applicable to their
particular department In matters of interdepartmental
relations throughout the entire municipal organization, they
are responsible for arranging such special and general
instructions as may be deemed necessary to accomplish these
objectives.
1B) On recommendation of department heads, or on his own
initiative, the City eave Manager may grant lwith pay,
together with necessary travel and expense allowance, to
permit employees to attend conferences, schools, and similar
events designed to improve their efficiency and considered
beneficial to the City� Attendance is limited to the
budgetary allowance for each department
Insofar as may be consistent with the interest of the City, vacancies
In the higher classifications will be filled by promotion of qualified
employees in lower classifications when possible. The date of the
promotion will then become the new anniversary date for that
employee.
(A) Some vehicles require employees to operate City -owned
vehicles. If an employee has an accident while operating a
City vehicle, he/she shall notify the police department and
their supervisor immediately.
CITY SECRETARY
ORIGINAL COPY
(B) Some vehicles may be driven home after hours, however, no
employee shall use a vehicle for other than official City
business. Misuse or neglect of a vehicle will result in
disciM..
(A) Employees shall be responsible for and shall not misuse City
property; records or any other materials in their care,
custody and control.
(B) City property; records or other materials shall not be removed
from their proper place without prior authorization.
Second jobs held byemployees may be authorized under the
following conditions:
(A) The department head must be informed in writing of the
proposed outside employment its nature, location and duties
involved.
(B) The outside employment must be authorized by the department
head and City Manager.
(C) The authorization or denial shall be made part of the
employee's personnel file.
(D) Outside employment must not interfere with employee
efficiency, constitute a conflict of Interest, nor require the use
of City time or equipment
(E) The eight (8) hours immediately prior to the beginning of
City duty must be free unless approved by department head.
(F) If an employee becomes unable to perform the duties of their
job due to an Injury or other Incapacity caused by or during
outside employment The City of Sanger may reduce the
benefits otherwise granted by these policies. The City of
Sanger assumes no responsibility for employees injured other
than on City business.
7.06 Group Insurance Coverage
The City of Sanger currently offers group insurance benefits to all
full time employees as defined by state and/or federal law. The
current benefits allowed under the coverage are outlined in your
group insurance booklet.
The City of Sanger is a member of the Texas Municipal Retirement
System. All employees eligible under TMRS rules contribute to the
retirement plan with matching funds from the City of Sanger.
The current contribution rates are established by ordinance by the
City Council for each budget year.
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All Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
It is declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this Ordinance are severable
and if any phrase, clause, sentence, paragraph or section shall be declared
unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of the Ordinance, since
the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional phrase., cl,auso,
sentence, paragraph or sentence.
Ne!f-Al—�rmstrong
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Mayor, City of S