§ 32.001 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNIVERSARY. The annual date of the first day of employment.
CONTRACTUAL PERSONS. A person working for a private firm and contracted by the city to perform specific jobs or services for a defined period of time. Such a person is not an employee of the city and shall not be eligible for any city benefits, unless specified in a contractual agreement.
DEPARTMENT HEAD. For personnel manual purposes and to identify those persons to each city department having managerial authority as designated by City Council or as elected, DEPARTMENT HEAD shall mean: City Clerk, Public Works Director and Chief of Police.
FULL TIME REGULAR EMPLOYEE. A person working the regularly scheduled 40 hours on a yearly basis for a department is considered a full-time employee and is eligible for all city benefits.
PART TIME EMPLOYEE. A person hired to work less than 1,000 hours per calendar year is considered a part-time employee and is not eligible for benefits except as mandated by Illinois Municipal Retirement Fund (IMRF) agreement.
PERMANENT PART-TIME EMPLOYEE. A person who is hired to work less than 40 hours per week, but in excess of 1,040 hours per year shall be entitled to participate in Illinois Municipal Retirement Fund (IMRF) as set by its rules, and further shall be qualified for city medical benefits.
SEASONAL EMPLOYEE. An employee hired by the City on a seasonal basis or for a definable period of time. Not eligible for City benefits.
TEMPORARY EMPLOYEE. A person hired for a specific task or tasks, is considered a temporary employee and is not eligible for city benefits. Temporary employees may work the regularly scheduled number of hours in a work week for a department (full time hours) or less than the regularly scheduled number of hours workweek for a department (part-time hours), but must work less than 1,000 hours in a calendar year.
(Ord. 584, passed 11-4-91; Am. Ord. 592, passed 1-6-92; Am. Ord. 701, passed 10-5-98; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.015 RECRUITMENT AND HIRING.
(A) Equal employment opportunity. The City Manager assures and protects all employees and applicants for employment against discrimination based on race, color, creed, national origin, ancestry, sex. age or physical condition (except where a bona fide occupational qualification exists; however, architectural barriers shall not be considered a bona fide occupational qualification), in the recruitment, assignment, promotion, or other aspect of employment or hiring by the City Manager.
(B) Recruitment procedure. Position openings will be posted for two weeks minimum and may be advertised in local newspapers.
(C) Review of positions. The City Manager shall review the functions, responsibilities and minimum qualifications of departmental positions as they become vacant or as deemed necessary. The City Manager shall have final approval of any revised job description for all city departments.
(D) Application and interviewing process.
(1) Each applicant shall complete applications, which shall be signed to certify the truth of all statements. The application form shall include consent to criminal background check, which shall be filed by each employment applicant. False or misleading statements of material facts shall be grounds for immediate rejection of an application or post hiring summary discharge.
(2) Interviews shall be conducted by the applicable department head. Application forms and a recommendation will be provided to the City Manager by the department head to fill the vacant position. The City Manager shall have final hiring authority for all full-time regular and part-time employees.
(E) Testing and examinations. Prospective and present full-time employees shall pass basic physical questionnaire and drug screening test.
(F) Orientation. The new employee will meet with the department head to discuss the job criteria. The employee will receive a copy of the city’s personnel manual, a copy of the job description, and information describing city benefits and programs. The new employee will sign a receipt for the material provided.
(G) Forms. All new employees shall complete all applicable insurance, federal and state employment tax and any additional forms, which may be required.
(Ord. 584, passed 11-4-91; Am. Ord. 693, passed 5-18-98; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.016 PROBATIONARY PERIOD.
(A) Each full-time employee hired must successfully complete a probationary period of-one-year. During the probationary period, employment may be terminated without the opportunity to appeal.
(B) An employee who is promoted or transferred may be required to serve a 3-month probationary period.
(C) Evaluation. Employees serving a probationary period shall be evaluated no later than the end of the sixth month. The department head shall review the evaluation and performance with the employee, focusing on past performance, duties of the job and future expectations.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
PERSONNEL RECORDS
§ 32.020 MAINTENANCE OF RECORDS.
(A) Employee personnel records shall be maintained for all employees in the custody of the City Clerk at City Hall and shall not be removed from City Hall.
(B) Personnel records shall be retained for a period of seven years after termination of employment.
(C) Personnel records shall be subject to examination by any two of the following persons: City Manager, City Clerk, Deputy City Clerk, City Attorney, Department Head or Supervisor.
(D) Employees shall have the right to read the contents of their personnel file upon reasonable advance notice and when accompanied by two of the persons listed in division (C), preceding and may initial, number and date documents contained in their personnel file not more than two times per calendar year.
(E) Not more than once annually each employee may request a copy of file at no cost to him/her.
(Ord. 584, passed 11-4-91; Am. Ord. 684, passed 8-18-97; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.021 CONTENTS OF PERSONNEL RECORDS.
Personnel records may contain but are not limited to the following information:
(A) Application for employment (to each city job applied for);
(B) A receipt for information received during orientation;
(C) Letters of reference, commendation or complaints. A complaint must be verified and signed;
(D) Documentation of medical-eligibility and drug screening reports;
(E) Memos of oral warnings, written reprimands, suspensions and documentation of any other disciplinary actions;
(F) Training records;
(G) Requests for leaves of absence;
(H) Performance evaluations; and
(I) Documentation on termination/retirement.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.022 FREEDOM OF INFORMATION ACT.
All personnel records are subject to the provisions of the Illinois Freedom of Information Act. Under the Act, personnel records are not “public information records” and will not be disclosed to any person outside the city organization without prior approval of the City Attorney.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
PERFORMANCE EVALUATION
§ 32.030 EVALUATION OF EMPLOYEES.
Employees shall receive at minimum an annual evaluation from their department head or City Manager. Evaluations are to be completed by March 1 of each year.
(A) Employee participation. All employees shall be advised of the results of the evaluation and furnished with a completed copy. Each employee shall be given the opportunity to respond in writing to any evaluation.
(B) Department head evaluations. All department heads shall be evaluated by the City Manager each year.
(C) All evaluations shall be in writing, and comprehensive in character (inclusive of all aspects of job performance), consistence within job categories, and include expectations for future performance.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
WORKING HOURS
§ 32.040 WORK WEEK.
The workweek shall consist of 40 hours for all full-time employees, which shall include time taken for sick leave, vacation, personal days, holidays, and other excused absences. All departmental working hours are established by the City Manager and shall include a maximum of two 15-minute breaks per day. The work schedule is determined by the department head.
(Ord. 584, passed 11-4-91; Am. Ord. 630, passed 11-1-93; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.041 REPORTING ARRIVAL PROBLEMS.
(A) Weather conditions. All employees, unless otherwise excused by the department head, report for work regardless of weather conditions. Any early release of employees due to weather conditions shall be at the discretion of the City Manager.
(B) Late for work. Any employee, who is unable to report to work on time, must notify his/her supervisor in advance.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
PAYROLL AND COMPENSATION
§ 32.055 PAY PERIODS.
All employees library personnel, will be paid on a biweekly basis, library personnel will be paid monthly. Paychecks will be issued on the second Friday of each two-week pay period, and will be available to employees by 12:00 noon on that day. Each pay period will end on Wednesday prior to the Friday payday.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.056 TIME CLOCKS.
All employees shall use time clocks at all times and shall punch in or out within seven minutes of their work shift. Any written entry on a time card shall be initialed by a department head, or the City Manager in order to be valid. Any employee punching a time card other than his or her own is subject to discipline and possible dismissal. Department heads shall verify time worked of assigned employees.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.057 COMPENSATION RATES; OVERTIME.
(A) Rates of compensation for all city employees shall be established by the City Manager. Salary adjustments for city employees may be as determined by the City Manager.
(B) When an employee is promoted, transferred or demoted, his or her rate of pay for the new position shall be determined by the City Manager. If promoted, the new salary, after the probationary period, shall be no less than 5% increase over the salary paid on the previous job, provided that the salary must still fall within the range provided for that job.
(C) Overtime.
(1) It is the policy of the city that scheduling of overtime be kept to a minimum as much as possible, with use and consideration of an employee’s next regular work shift not to go beyond the next workday. The department head is responsible for scheduling overtime.
(2) Overtime pay.
(a) Overtime shall be scheduled by a department head in such a manner as to distribute overtime to department employees on an equitable basis. In cases of emergencies, an employee must work overtime, unless expressly exempted by the department head or the City Manager.
(b) An overtime slip must be filled out in detail by a department head of all overtime worked in the department. The overtime slips must be submitted with the appropriate employee’s time card.
(c) Not less than one and one-half times the regular rate of pay must be paid for all hours worked in excess of 40 hours in a workweek by any non-exempt employees. The 40 hours of the workweek is as defined in § 32.040(A).
(d) For the purpose of calculating overtime hours, the work week shall include the time actually worked and holidays, and therefore excludes time taken but not worked during sick leave, vacation, personal days, or other excused absences.
(e) The overtime rate of pay shall be paid to all full-time employees if they are called out at any time other than regular working hours by their supervisor or other proper authority, to respond to an emergency. Employees called out will be paid for two hours.
(D) Emergency services compensation. All full-time city employees who also serve as either volunteer firefighter, EMT/A’s, EMT/I’s, EMT/I/D’s, or ambulance drivers, shall be allowed to respond to an emergency call during their regularly scheduled workday. Employees responding to such calls, as outlined in this section, will receive only their regular rate of pay for those hours or fraction of hours in which the emergency response occurs during their regularly scheduled work shift. If the emergency response extends beyond the regularly scheduled work hours, the employee shall also receive any pay they are entitled to as a result of the emergency call.
(E) Compensatory time-off. Compensatory time-off will not be granted for any employee.
(F) On-call. An employee shall be compensated at a rate of $5 per hour for each hour “on call” not to include any call out which is at one and one half normal hourly rate. On call times are listed per department (effective 6/1/2012).
(Ord. 584, passed 11-4-91; Am. Ord. 630, passed 11-1-93; Am. Ord. 721, passed 8-16-99; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
RESIGNATION; LAYOFFS
§ 32.070 LETTER OF RESIGNATION; COMPLETING NECESSARY FORMS.
(A) A letter of resignation shall be given to the department head, and a copy to the City Manager, at least two weeks before the employee’s last working day. The letter should state the reason for resignation and the date of the last working day.
(B) The City Manager shall immediately notify the Mayor of all resignations.
(C) Prior to the last working day, the employee must schedule a time in City Hall to complete the necessary separation/termination or retirement forms and return all city keys and equipment.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.071 LAYOFFS.
If the city deems it necessary to lay-off any employee, it will be done on the basis of job performance and the best interest of the citizens of the city. Probationary employees shall be laid off prior to full time employees. Call backs will be handled in the same fashion. Whenever possible, the City Manager may transfer an employee to another department to avoid a layoff.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
EMPLOYEE BENEFITS
§ 32.085 OFFICIAL HOLIDAYS.
(A) Official holidays.
(1) All full time city employees will receive paid holiday leave, which will consist of eight hours at their regular hourly rate of pay, for the nine mandated holidays:
New Year’s Day
Good Friday
Memorial Day
Independence Day
Veteran’s Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Day
(2) To be eligible for the holiday pay, a full-time employee must work the regularly scheduled work day immediately before and after the holiday, unless excused in advance by the department head or City Manager.
(3) When holidays fall on a Saturday, the previous Friday shall be given as a holiday. When holidays fall on a Sunday, the following Monday shall be given as a holiday. Departments operating 24 hours a day will observe only the designated holiday only.
(4) When a holiday occurs during an employee’s scheduled vacation time, the employee will be paid for the holiday; no vacation day will be considered as having been used.
(B) Working on the holiday.
(1) Full time employees working the designated holiday will be paid for the hours worked at their regular rate of pay plus eight hours of holiday pay, depending upon length of their regular shift, but in no case shall such scheduling result in more than a 40-hour week, exclusive of required overtime and emergency call backs.
(2) All permanent part-time employees working the designated holiday will be paid at a rate of one and one-half times for hours actually worked, and regular pay for the holiday.
(Ord. 584, passed 11-4-91; Am. Ord. 590, passed 12-2-91; Am. Ord. 613, passed 12-21-92; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.086 VACATION LEAVE.
(A) Permanent full-time employees.
(1) Only permanent full-time city employees shall receive paid vacation leave, which shall be accrued as follows.
(a) After one year of service, and up through four years of service 80 hours.
(b) After five years of service and up through nine years of service, 120 hours.
(c) After ten years of service, 160 hours.
(d) After 20 years of service, 240 hours. (effective 6/01/2012).
(2) An employee must complete one full year of service in order to be eligible to utilize vacation time. An employee’s date of hire shall determine the effective date for vacation time earned. Vacation time should be scheduled as not to interrupt service to residents. All vacation leave must be pre-approved by the department head. Department heads must receive prior approval from the City Manager.
(B) Use of vacation Leave. Employees must request vacation leave at least two weeks in advance. Department heads will approve vacation requests in accordance with the service needs of the city and the scheduling of tasks and responsibilities.
(1) Vacation time shall be taken during the vacation year of the employee.
(2) The City Manager may grant an extension if he/she deems it necessary or appropriate.
(3) Employee may sell back up to 80 hours of vacation per budgetary year.
(C) Upon resignation or termination.
(1) An employee is entitled to be paid for all earned but unused vacation time.
(2) Upon the death of an employee, all earned vacation time shall be paid at the regular rate of pay to the employee’s legal heir or executor.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.087 SICK LEAVE.
(A) For the purpose of this section, SICK LEAVE is defined as the absence of an employee due to personal illness, the serious illness of a parent, child or spouse.
(B) Sick leave is not an entitlement (such as vacation leave). An employee is not entitled to take a certain amount of sick leave each year. Sick leave is to be taken to recover from an illness, or to treat an illness of an immediate family member.
(C) It is also an organizational benefit; an employee is expected to take sick leave in order to avoid the spread of disease to co-workers. An employee found to have used sick leave for any other than its intended purpose, or an employee who misuses sick leave will be disciplined in accordance with the provisions of this policy.
(D) An employee may take up to two working days of sick leave to recover from an illness, surgery or accident without a doctor’s written statement. Absences for sick leave in excess of two days may be approved only upon submittal of a doctor’s written statement that such leave was required.
(E) Accrual of sick leave. Employees will accrue sick leave at a rate of six hours each month worked beginning with their first day of employment for use in a major illness, surgery or accident, based on a written recommendation by a doctor. A maximum of 500 hours may be accrued.
(F) Supplement to worker’s compensation or disability. An employee may choose to use sick, vacation or personal leave available as to supplement either worker’s compensation or disability.
(Ord. 584, passed 11-4-91; Am. Ord. 590, passed – – ; Am. Ord. 604, passed – -; Am. Ord. 613, passed 12-21-92; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.088 JURY DUTY.
An employee summoned for jury duty shall receive his or her regular rate of pay during his or her leave from work and while performing actual jury duty service. A department head is to be notified by the employee as soon as possible of the summons. The jury check shall be paid to the city, or endorsed over to the city.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.089 MILITARY DUTY.
City employees will be allowed time off from work for two weeks annual reserve training. The time off will be without pay and will not be charged to accrued vacation time, unless requested by the employee.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.090 BEREAVEMENT LEAVE.
(A) Any permanent full-time city employee will be granted bereavement leave with pay in the case of death of a member in the employee’s immediate family. IMMEDIATE FAMILY is defined as: parents, spouse, children, stepchildren, employee’s grandparents, brother, sister, grandchild, mother-in-law. father-in-law, sister-in-law, and brother-in-law.
(B) This leave will be given from the date of death through the day after burial as approved by the department head.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.091 OTHER LEAVES OF ABSENCE.
Other authorized leaves of absence may be granted without pay by the department head on a case-by-case basis. An employee granted leave will retain their standing as a full-time employee. However, during the authorized leave, sick and vacation leave will not accrue. An employee will not be compensated for holidays that might occur during leave of absence. Insurance coverage will be continued only at the specific request of the employee taking authorized leave of absence. The City will not pay for any portion of the insurance coverage for an employee on authorized leave.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.092 PERSONAL TIME.
All full-time employees with at least one full year of continuous service with the city may be granted two paid eight-hours personal days per calendar year. Personal days may be taken together with holidays or vacation days but must be approved in advance. Personal days must be taken during the calendar year.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.093 MEDICAL AND LIFE INSURANCE.
All regular full-time city employees shall have the opportunity to participate in the city’s insurance coverage plans. Information outlining the city’s coverage shall be given to every employee. The city may pay 100% of individual employee premiums for those employees and 50% of their immediate family members participating in the city’s insurance plan. This insurance program may be altered by the City Council based on the city’s ability to maintain the costs of the program.
(Ord. 584, passed 11-4-91; Am. Ord. 590, passed 12-2-91; Am. Ord. 590, passed – – ; Am. Ord. 604, passed – -; Am. Ord. 701, passed 10-5-98; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.094 ILLINOIS MUNICIPAL RETIREMENT FUND.
The benefits of Illinois Municipal Retirement Fund (IMRF) and eligibility for IMRF are determined by state statues. The most recent pamphlet of a detailed description of the benefits. The city and the employee both pay a portion of the employee’s IMRF pension.
(A) Disability retirement. Employees may be eligible for disability if they are disabled as DISABLED is defined by the Illinois Municipal Retirement Fund.
(B) Retirement. Any employee may retire from the service of the city if they have accumulated eight years or more full-time service as outlined by the Illinois Municipal Retirement Fund.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.095 EDUCATION BENEFITS POLICY.
The city will pay the following to a full-time regular city employee in regard to required education:
(A) If education is required for continued employment with the city or to meet licensing requirements necessary to the city, the city will grant the employee time off, with pay, from scheduled work hours. Tuition, mileage or transportation, and other reasonable education expenses will be paid by the city as determined and approved by the City Manager.
(B) Educational classes will not exceed eight hours pay per day.
(C) The City Manager will review other educational options and may pay for some of or all of the costs if they feel that the city would benefit.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.096 PROFESSIONAL CONFERENCES.
(A) An employee wishing to attend a professional conference must submit a written request to the department head who will verify that budgeted funds are available prior to the conferencedate, with copies to the City Manager. A statement of the conference benefits to the city should be submitted along with applicable flyers of the conference events.
(B) Any advances to cover conference costs must be arranged by the employee and department head at least seven days prior to the conference date. Advances can be requested for the following.
(1) Registration fees.
(2) Hotel/motel room, conference or approved unit.
(3) Meals and miscellaneous expenses, not to exceed $35 per day.
(C) All receipts related to the conference costs, along with a detailed accounting of the same, must be submitted to the department head, and then to the city’s bookkeeper.
(D) A written report by the conference attendee must be submitted to the department head within two weeks after returning from the conference.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.097 MILEAGE REIMBURSEMENT.
An allowance per mile will be paid to an employee using his personal vehicle for authorized city business, at a rate equivalent to that permitted by the U.S. Internal Revenue Service for the applicable tax year if a suitable city vehicle is not available.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.110 USE OF CITY EQUIPMENT.
It shall be prohibited for anyone to use city vehicles, supplies, equipment or tools for any private or personal use.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 878, passed 11-1-10; Am. Ord. 893, passed 9-19-11) Penalty, see § 10.99
§ 32.111 TELEPHONE USAGE.
No personal long distance calls will be charged to the city. All personal phone calls will be kept to a minimum.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.112 PERSONAL MAIL.
Employees shall not use the municipal building address to receive personal mail. Such use may be subject to § 32.130(D).
(Ord. 584, passed 11-4-91)
§ 32.113 CHANGE OF PERSONAL INFORMATION TO BE KEPT ON FILE.
A city employee who changes his mailing address, name, marital status or other applicable personal status, must report the same to his or her department head for revision in the employee’s personal file.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.114 POLITICAL ACTIVITIES.
Political activities shall not be conducted during working hours.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.115 SEXUAL HARASSMENT; POLICY.
(A) Purpose of policy.
(1) This policy is formulated to protect employees against unsolicited and unwelcomed sexual overtures or conduct, either physical or verbal. It prohibits employee misconduct that may upset employee morale and interfere with employees’ work and efficiency regardless of whether there is any economic impact resulting from such misconduct.
(2) Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), and some forms of such misconduct may subject violator to civil liability and/or criminal prosecution, as well as disciplinary action up to and including discharge.
(B) Policy statement. It is the policy of the city that no employee be harassed by another employee or supervisor. All city employees shall be provided a work environment free of any form of sexual harassment. Persons found to be in violation of this policy, shall be dealt with through the disciplinary process.
(C) Complaint procedure.
(1) Any employee who has experienced sexual harassment, in any form, shall report the occurrence to their supervisor immediately, who shall in turn have the responsibility for dealing with the offending employee or that employee’s supervisor.
(2) All complaints will be thoroughly investigated and a formal report, conclusion and recommendations will be prepared, with a copy being provided the complainant. Investigations shall be concluded within 30 calendar days.
(3) Confidentiality of the affected employee and others related to the situation will be maintained during the investigation.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.116 JOB SAFETY; ACCIDENT REPORTING.
(A) Job safety.
(1) The city will comply with all state and national safety requirements. The city will also comply with all safety requirements imposed by the city’s insurance carrier.
(2) Employees will be notified of all safety requirements for their positions by their department head.
(B) Accident reporting.
(1) On-the-job injury. Any on-the-job injury shall be reported to the department head or his or her designee immediately. The City Manager and the Risk Manager will then be notified by the department head as soon as possible.
(2) Accident reporting procedure. All on-the-job injuries and/or accidents shall be investigated by the department head or his designee and a report completed. The report shall be filed at City Hall immediately.
(3) Unsafe working conditions. Employees who become aware of unsafe working conditions shall report those conditions to the department head or his or her designee immediately.
(4) Inspection of workplace. The department head will check buildings and work areas on a quarterly basis and determine safety hazards. Documentation of each inspection will be made and referred to the City Manager.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.130 FORMAL DISCIPLINARY ACTION.
(A) Policy. No employee shall be disciplined because of age, sex, race, color, religious belief or practice, or exercise of constitutional rights.
(B) Documentation. Employees shall receive documentation of disciplinary action taken by the department head.
(C) Forms. All oral warnings, written reprimands, suspensions emergency suspensions and notice of discharge will be documented in the employee’s personnel file.
(D) Disciplinary action. The department head may issue oral warnings, impose written reprimands or impose emergency suspensions without pay. Suspension or discharge will be recommended to the City Manager for implementation. Discipline shall be “progressive” in nature, moving from warnings to reprimands and eventual dismissal, as the offending action is repeated or made more severe by the offending employee. Good managerial judgment is required in applying this principle to each situation. Disciplinary action may be taken for any breach of city policy, violation of state statutes or failure to follow the job description. Listed are examples for possible disciplinary action; other situations may also warrant disciplinary action:
(1) Carelessness or unsafe conduct;
(2) Disregarding work rules or policy;
(3) Unexcused or unauthorized absences;
(4) Improper dress or grooming;
(5) Failure to report accidents or injuries;
(6) Criminal convictions;
(7) Failure to perform job duties;
(8) Unauthorized/personal use of city supplies or equipment;
(9) Falsifying records or documents;
(10) Assaulting another employee;
(11) Assaulting an elected official;
(12) Possession of alcoholic beverages or illegal drugs on the job, under the influence of alcoholic beverages or illegal drugs;
(13) Accepting a bribe or kickback;
(14) Willful or deliberate damage to city property;
(15) Disruptive behavior; and
(16) Actions bringing discredit to the city.
(E) Documentation.
(1) Department heads shall document all disciplinary actions in writing. Actions and responsibilities shall be as follows.
(a) Oral warning verbally administered and documented by the department head.
(b) Written reprimand, implemented and documented by the department head.
(c) Emergency suspension, implemented by the department head with city manager approval.
(d) Suspensions and dismissals, recommended by the department head, and approved by the city manager.
(2) Suspension shall result in the loss of pay for the number days of the suspension. Emergency suspensions are with pay until the City Manager makes a determination to suspend without pay or dismiss. The department head shall determine when the suspended employee’s period of suspension is to take effect. In making this decision, the department head shall consider the operational needs of the department. Copies of the documentation relating to disciplinary action will be given to the employee, and a copy placed in the employee’s personnel file.
(3) Removal of officers. Except as otherwise provided by statute, the Mayor may remove any officer appointed by him under this title, on any formal charge, whenever he or she is of the opinion that the interests of the city demand removal, but the Mayor shall report the reasons for the removal to the City Council at a meeting to be held not more than ten days after the removal. If the Mayor fails or refuses to report to Council the reasons for the removal, or if the Council by a two-thirds vote of all its members authorized by law to be elected, disapproves of the removal, the officer thereupon shall be restored to the office from which he or she was removed. The vote shall be yeas and nays, which shall be entered upon the Council’s Journal. No officer shall be removed a second time for the same offense.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.140 DEFINITION.
For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
GRIEVANCE. Any claim by an employee that there has been a violation, misrepresentation or misapplication of the terms of these personnel policies.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.141 PURPOSE.
The purpose of the grievance procedure shall be to settle employee grievances on as low an administrative level as possible, so as to insure efficiency and employee morale.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
§ 32.142 PROCEDURE.
Grievances will be processed in the following manner and within the stated time limits.
(A) Step 1. The aggrieved employee shall present the grievance in writing to the department head within five working days of the occurrence, not including the date of the occurrence. The grievance shall be prepared in detail and dated. The department head will give a written answer within five-working days of the presentation of the grievance, not including the date of the receiving the presentation.
(B) Step 2. If the grievance is not settled in Step 1, it shall be signed by the aggrieved employee, and the department head and presented to the city manager within five days from the date of the signing by the two parties.
(Ord. 584, passed 11-4-91; Am. Ord. 845, passed 2-19-08; Am. Ord. 893, passed 9-19-11)
§ 32.143 WITHDRAWAL.
An employee may withdraw a grievance at any time.
(Ord. 584, passed 11-4-91; Am. Ord. 893, passed 9-19-11)
