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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 RWWN�� 0 �0 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 MID FMOURWRINRMW . M11 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. R i T �#_ I �* 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. mom (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. I I "MUCT2 mm 11131 !1117111111!11 (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 k 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. IrAlm- 1jol OWN W.111 MWOU NO= FW* It tojillf, 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: I 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. fflw�.�M (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. 0. Immediate family is to include the employee's spouse and dependents, parents, grandparents and the spouse's parentspnd grandparents. KXW"P-=W1FA 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. amz�� (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. MMMEMM= 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 KK I Gqn�_� Such recommendation shall be in writing and is to includc i-.-t least the information specified in Section 4.01. amal��� (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. 59UBJN�� 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. MESEEM= 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. 2= [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. MGM= 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 WRTITUT, Q IMM I . . . . . . UNIM110111011,4_01 Kim 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 Hu=,- (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. ;044"T041MIA111 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 0 S� Mayor, City of S