HomeMy WebLinkAbout193-90 RESOLUTION1
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RESOLUTION NO. 193-90
A RESOLUTION ADOPTING THE PERSONNEL POLICY FOR
THE CIVIL SERVICE EMPLOYEES TO BE CONSISTENT
WITH THE GENERAL EMPLOYEES' POLICY.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Board of Directors hereby adopts the
personnel policy for civil service employees to be retroactive to
February 20, 1990 to be consistent with the general employees'
policy. A copy of the civil service personnel policy authorized
for execution hereby is attached hereto marked Exhibit "A" and made
a part hereof.
PASSED AND APPROVED this 4th day of December , 1990.
APPROVED:
By:
ATTEST:
By : Dy o`.°=�/.tU)sTkd
City erk
Mayor
c• :1
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Article 1
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TABLE OF CONTENTS
Title of Section
I Organization of Personnel System
I-1 Purpose
I-2 Applicability
I-3 Responsibility of City Manager
I-4 Policy Statement
III -5
III -6
III -7
III -8
III -9
III -10
IV
IV -1
IV -2
IV -3
IV -4
IV -5
IV -6
IV -7
IV -8
IV -9
IV -10
IV -11
IV -12
IV -13
V
V-1
V-2
V-3
V-4
V-5
V-6
V-7
Position Classification Plan
Coverage
Administration of Classification Plan
Salary Plan
Coverage
Position Pay Range Maintenance
Starting Salary
Performance and step rate pay
increase budget
Pay rates for promotion, demotion,
transfer, reclassification or
reassignment
Pay rates for part-time employees
Transition to a new salary plan
Salary upon reemployment
Payroll deductions
Severance Pay
New Hires, Promotions,
Dismissals, Demotions., Suspensions
Applicability
Affirmative Action
Job Advertisements
Qualification Standards
Hiring Practice
Employment of Relatives
Probationary Period
Promotions
Suspension, Demotion, Dismissal
Reduction in Force
Transfer
Disability
Exit Procedure
Grievance Procedure
Applicability
Purpose
Definition
Policy
Procedure
Rights to be Respected
Discrimination Complaints
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14 VI Conditions of Employment
VI -1 Applicability
15 VI -2 Hours of Work
VI -3 Overtime Compensation
16 VI -4 Vacation Leave
17 VI -5 Sick Leave
19 VI -6 Funeral Leave
VI -7 On -the -Job Injury Leave
20 VI -8 Maternity Leave
21 VI -9 Holidays
VI -10 Military Leave
VI -11 Civil Leave
22 VI -12 Educational Leave
VI -13 Education/Training
VI -14 Education Reimbursement
23 VI -15 Leave without Pay
VI -16 Insurance Program
24 VI -17 Retirement
VI -18 Employee -Employer Relation Policy
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25 VII Conflict of Interest and Political
Activity
VII -1 Applicability
VII -2 Outside Employment
VII -3 Political Activity Restricted
26 VII -4 Political Campaigns
26 VIII Code of Ethics
VIII -1 Standard of conduct for Fayetteville City
Officials and Employees
PERSONNEL POLICY FOR CIVIL SERVICE EMPLOYEES OF THE
CITY OF FAYETTEVILLE, ARKANSAS
ARTICLE I ORGANIZATION OF PERSONNEL SYSTEM
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Section I-1 Purpose
It is the purpose of this Policy to establish a personnel
system under the direction of the City Manager by which all matters
relating to civil service personnel shall be administered. It is
the intent of the City Board to establish an equitable and uniform
system of personnel administration, to place municipal employment
on a merit basis to the end that only the best qualified persons
available shall be employed by the City. This policy shall serve
to govern administrative action concerning all personnel activities
and transactions consistent with the following general standards:
(1) New hires and promotions shall be made solely on the
basis of statutory requirements, qualifications, merit
and physical fitness, demonstrated by experience,
education, job performance and/or other evidence of
competence as determined by the rules and regulations of
the civil service commission, and/or the Arkansas
commission on law enforcement standards and training
governing the hiring and promotion of employees.
Continued employment shall be subject to continued
satisfactory performance of work, personal conduct
compatible with the trust inherent in public service, and
availability of operating funds without regard to race,
sex, color, national origin, religion, age or political
affiliation.
Conditions of employment shall be maintained to promote
efficiency and economy in the operation of the City
government.
Position classification and compensation plans shall be
maintained and revised from time to time to meet changing
conditions.
Section I-2 Applicability
The provisions of this policy shall be applicable to all Civil
Service applicants and employees subject to the specific
procedures, rules, and regulations of the Civil Service Commission.
Applicable Civil Service rules, procedures, regulations and State
Codes governing Civil Service employment will supercede any
conflicting provision in this policy. The rules and regulations
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of the Civil Service Commission of the City of Fayetteville are
incorporated by reference in this policy.
Section I-3 Responsibility of City Manager
The City Manager shall be responsible for the administration
of Civil Service Personnel Policy. The City Manager may promulgate
personnel operating policy and procedures governing the City
departments. Operating policy so made and promulgated by the City
Manager shall be binding on all persons affected thereby; provided,
that no such operating policy shall be contrary to any provision of
the City Board adopted personnel policy, applicable federal or
state law, civil service rules and regulations, or other ordinances
or resolutions of the City Board.
Section I-4 Policy Statement
The Civil Service Personnel Policy and the employee handbook
of the City outline the general policies of personnel
administration, and are not intended to constitute an expressed or
implied contract between the City and the employees.
ARTICLE II POSITION CLASSIFICATION PLAN
Section II -1 Coverage
The most recently adopted "Position Classification Plan of the
City of Fayetteville" shall be the job classification plan of the
City. This classification plan shall include all approved classes
of positions in the City employment unless otherwise exempted by
the City Board.
Section I1-2 Administration of the Classification Plan
The City Manager or his/her designee, shall be responsible for
the administration and maintenance of the Position Classification
Plan. Department Chiefs shall be responsible for bringing to the
attention of the City Manager...
(1) the need for new positions, and
(2) any material changes in the nature of duties,
responsibilities, working conditions, or other factors
affecting the classification of any existing position.
Following the receipt of such information concerning any
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proposed or existing position, the City Manager, or his/her
designee, shall then conduct a job evaluation using the Hay Point
Factor Job Evaluation Method to determine if the classification of
the position should be changed or a new position created.
When the City Manager has determined that sufficient change
has occurred in the nature and level of duties and responsibilities
of an existing position or that a new position is required, the
City Manager shall:
(1)
Revise the existing position description in conjunction
with the Department Chief or prepare a new position
description, and properly classify or reclassify the
position within the existing classification plan.
Authority to evaluate positions and determine the proper
job/pay grade and responsibilities is vested in the City
Manager. The City Manager shall report the job title and
pay grade of each new or reevaluated position to the
Board of Directors for their information at the first
Board of Directors meeting following the effective date
of the evaluation.
(2) If a new or revised position is required which increases
the authorized salary budget or headcount, inform the
City Board of Directors of the need to include the
position in the pay plan. The Board of Directors will
consider the recommendations of the City Manager in
determining the need for such new or revised positions.
Authority to approve a position under these circumstances
is vested with the Board of Directors.
ARTICLE III SALARY PLAN
Section III -1 Coverage
The most recently adopted "Schedule of Salary Ranges" shall be
the pay plan for the City. The plan shall include all positions
included in the classification plan.
Section III -2 Position Pav Range Maintenance
The City Manager shall be responsible for the administration
and maintenance of a pay plan. The pay plan is intended to provide
equitable compensation for all positions when considered in
relation to each other, to general rates of pay for similar
employment in the private sector and in other public jurisdictions
similar in size and scope, and to changes in the cost of living, to
financial conditions of the City and other factors. To this end,
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the City Manager shall each year, if possible, conduct a salary
survey(s) to determine the general level of salaries and wages paid
in private industry in the area, the salaries paid comparable state
and municipal employees, and any change in the cost of living in
the area during the fiscal year. Based on these findings, the
City Manager may recommend amended position pay ranges to the City
Board for its consideration.
Section III -3 Starting Salary
Each new civil service employee shall be hired at the entry
level or trainee step rate salary which has been established for
the classification in which he or she is employed. A fully trained
former employee, who left in good standing, may be re -hired at an
appropriate step rate above the entry level step if approved by the
City Manager.
Section II1-4 Performance and Step -Rate Pay Increase Budget
The City Manager shall each year include funds in the budget
proposal to the City Board for providing merit and step -rate pay
adjustments.
Section 1II-5 Pay Rates For Promotion. Demotion, Transfer,
Reclassification Or Reassignment
When an employee is promoted, demoted, transferred or
reclassified, the rate of pay for the new position will be
established in accordance with the following rules:
1). An employee who is promoted shall receive an increase to a
step in the new job classification yielding a minimum of
5% increase.
2). An employee demoted to a position for which he/she is
qualified by education and/or experience shall receive a
salary rate no higher than the maximum step rate for the
position offered. (C.S.C. 55:04)
3). An employee transferring from a position in one work group to
the same level of position in another work group will normally
be effected as a lateral transfer with no increase in pay.
4). If as a result of pay plan maintenance an employee's position
is reclassified to a class having a higher salary range, the
employee shall receive at minimum the increase necessary to
reach the minimum of the new salary range. If the position
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is reclassified to a lower pay range and the result is that
the employee's existing rate of pay is above the maximum of
the range established for the new class, that employee will
be ineligible for any salary increase until such time that
the employee receives a promotion or benefits from a general
class -wide rate range increase which establishes a maximum
rate above his/her existing salary.
5). In the event of a downgrade to a lower job classification due
to a reduction in force, an employee will receive a pay rate
no higher than the maximum step rate for the position offered.
Section III -6 Pay Rates For Part -Time Employees
An employee hired for less than full-time service shall be
paid at a tate not less than the minimum hourly step rate for the
same or comparable class of positions in the salary plan.
Section III -7 Transition to a New Salary Plan
The transition to a new or amended salary plan is subject to
budget limitations and shall be governed as follows:
1). An employee shall not receive a reduction in base pay as a
result of the transition to a new salary plan, provided that
this provision shall not apply to across the board salary
reductions caused by economic conditions.
2). Any employee, being paid at a rate lower than the new step
minimum rate established for his/her current pay step shall
have his/her pay raised at least to the pay rate established
for that step.
3). Any employee being paid at a rate above the maximum rate
established for his/her respective class, shall remain at
his/her present pay as long as the maximum step rate
established is below the employee's present pay.
Section III -8 Salary Upon Reemployment
A civil service employee who is dismissed because of a
reduction in force may be reemployed with the recommendation
of the Department Chief if an appropriate vacancy exists
within one (1) year of the date of separation.
Section III -9 Payroll Deductions
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Payroll deductions are allowable for the purpose of
facilitating employee contributions for certain specified purposes.
An employee may authorize payroll deductions for federal income
tax, state income tax, social security, pension plan contribution,
group insurance, credit union, deferred compensation, and United
Fund. Authority to allow any other payroll deductions is vested in
the City Board. In considering whether or not to allow any other
deductions, the following criteria, individually and collectively,
shall be considered:
1). Would the deduction benefit the entire Fayetteville community?
2). Would the deduction be in the nature of a fringe benefit of
which the City would bear a portion of the cost?
3). Would the deduction be available to all City employees and not
just a special group of City employees?
4). Would the deduction benefit individual employees and not just
some organization to which they may belong?
5). Would the deduction have the interest of a sufficient number
of employees that it would be representative of all the
departments of the City?
In determining whether or not
City Board shall consider any one,
above factors.
to grant payroll deductions, the
a combination of, or all of the
Section III -10 Severance Pay
Any full-time employee who is terminated from City employment
due to reduction in force, shall be entitled to a two (2) week
severance pay benefit. Reduction in force shall be defined as any
full-time position deleted from the City budget due to a reduction
of the City services, elimination of City services or insufficient
funds.
ARTICLE IV NEW HIRES, PROMOTIONS, DISMISSALS, DEMOTIONS,
SUSPENSIONS
Section IV -1 Applicability
The provisions of this Article shall be applicable to all
civil service employees.
Section IV -2 Affirmative Action
The City Manager shall be responsible for the promulgation and
update of the City of Fayetteville's Equal Employment
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Opportunity/Affirmative Action Plan. Such plan is subject to City
Board review and approval shall constitute the City's official
Affirmative Action Plan.
Section IV -3 Job Advertisements
(C.S.C. §3:03)
The City Manager or his/her designee shall publicize entry
level test dates in order to encourage qualified persons to apply
for employment. City employees shall be notified by bulletin board
notices of employment opportunities that exist.
Employment advertisements shall contain assurances of equal
employment opportunity and shall comply with federal and state
statutes regarding discrimination in employment matters based on
sex, race, color, creed, religion, national origin, and physical
handicap.
Section IV -4 Qualification Standards
(C.S.C. S1:01-1:05)
Applicants shall meet civil service standards and such other
reasonable minimum standards of character, aptitude, ability to
meet the public, and physical condition as may be established by
State Code and the Civil Service Commission with the advice and
recommendations of the City Manager, Department Chief and Personnel
Director.
Any applicant who shall knowingly make any material false
statement concerning his/her application for employment or
promotion to a position in City employment shall thereby forfeit
his/her right to be considered for or occupy such position.
Section IV -5 Hiring Practice
(C.S.C. §1:06, 1:07, 1:09, 4:01 and 4:02)
City civil service employment shall be governed by State Code,
the Arkansas Commission on law enforcement standards and training
and the standards and procedures established by the Civil Service
Commission considering such factors as abilities, capacity,
aptitude and experience without regard to race, sex, color,
national origin, religion, or political affiliation.
Section IV -6 Employment of Relatives
The employment of relatives in the same division of a
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department is prohibited; and in no case shall an employee
supervise another member of his/her immediate family. Immediate
family is defined as spouse, children, mother, father, sister,
brother, guardian, grandparents, grandchildren, aunt, uncle,
nephew, niece, plus the various combinations of half, step, in-law
and adopted relationships that can be derived from those named.
This policy shall not be retroactive, nor shall it restrict a
future transfer or promotion of any employee hired prior to the
adoption of this policy.
A person may not be employed by the City pursuant to State law
if related by blood or marriage in the third degree to a member of
the Board of Directors or the City Manager.
Section IV -7 Probationary Period
(C.S.C. §1:08)
1). Original Probationary Period
Any civil service employee hired in a position in City
employment shall serve a probationary period of one (1) year.
The probation period shall be regarded as an important part of
the examination process, and shall be utilized for closely
observing the employee's work. A probationary employee may be
dismissed without privilege of appeal at any time during the
probationary period if the hiring Department Chief, with the
approval of City Manager, determines that the employee is
incapable of performing assigned duties in a satisfactory
manner. Job performance appraisals shall be completed on all
probationary employees at the end of six (6) months and twelve
(12) months of service. The employee's Department Chief shall
indicate to the Personnel Director and City Manager by these
appraisals:
(a)
(b) whether or not the
work; and,
(c) whether or not the
position.
that the employee's accomplishments, failures, strengths
and weaknesses have been discussed with the employee;
employee is performing satisfactory
employee should be retained in the
2). Promotional Probationary Period
(C.S.C. §2:09)
Any
employee promoted to
a higher position shall serve a
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probationary period of six (6) months. Before the end of this six
month period, the employee's Department Chief shall indicate to the
City Manager, via the Personnel Director, in writing the following:
(a) whether or not the employee is performing satisfactorily;
and,
(b) whether or not the employee should be retained in the
position or be reinstated in his/her formerly held
position or a similar position having the same grade.
Reinstatement to a former class during a trial work
period shall not be construed as a demotion.
Section IV -8 Promotions
(C.S.C. §2:01-2:11)
Promotions in City employment shall be made solely on the
basis of merit, including such factors as abilities, capacity,
aptitude and experience without regard to race, sex, color,
national origin, religion, age or political affiliation. The Civil
Service Commission shall be responsible for administering all
screenings and/or other procedures to those employees who desire to
compete for the position and who meet the qualification standards
for the position. Based on the results of screening procedures,
the Civil Service Commission shall certify to the hiring Chief the
names of all applicants who meet the Civil Service Commission
requirements for the position.
Section IV -9 Suspension, Demotion, Dismissal
(C.S.C. §5:01-5:08)
An employee may be suspended, demoted or dismissed due to
failure in performance of duties or failure in personal conduct.
These actions shall be taken by the employee's Department Chief,
but only after approval of the City Manager in consultation with
the Personnel Director and the City Attorney. In order to avoid
undue disruption of work or to protect the safety of persons or
property, the Department Chief may immediately suspend any employee
for a period of time not to exceed three (3) working days/shifts
while final action pursuant to C.S.C. §5:03 is pending.
1). Failure in Performance of Duties
(a) An employee whose work becomes unsatisfactory should
immediately be notified by his/her supervisor and
Division Head in what way the work is deficient, and what
must be done if work performance is to be judged
satisfactory. An employee who is suspended, or dismissed
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for unsatisfactory performance of duties should normally
have received three (3) warnings. First, an oral warning
from the employee's immediate supervisor; second, an oral
warning with a follow-up letter to the employee from
his/her supervisor which sets forth the points covered in
theirdiscussion; and third, a written warning from the
Department Chief serving notice upon the employee that
noted deficiencies must be corrected immediately in order
to avoid disciplinary action up to and including
dismissal. The supervisor must record the dates of the
discussions with the employee, the performance
deficiencies discussed and the corrective actions
required.
(b) The following causes relating to failure in the
performance of duties are representative, but not limited
to, those considered to be adequate grounds for
disciplinary action.
1. Inefficiency, negligence or incompetency in the
performance of duties.
2. Careless, negligent or improper use of City
property or equipment.
3. Discourteous treatment of the public or other
employees.
4. Absence without approved leave.
5. Improper use of leave privileges.
6. Habitual pattern of failure to report for duty at
the assigned time and place.
7. Improper political activity as defined in Section
VII -3.
2). Failure in Personal Conduct
(a) An employee may be suspended, or subject to other
discipline without warning notice for causes relating to
personal conduct detrimental to City services.
(b) The following causes relating to failure in personal
conduct are representative, but not limited to, those
considered to be adequate grounds for suspension or
dismissal:
1. Fraud in securing employment.
2. Insubordination.
3. Conviction of a felony, or the entry of a plea of
nolo contendere to such crime.
4. Misuse of City funds.
5. Falsification of City records.
6. Use of alcohol, a scheduled controlled substance or
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a non-prescription mind altering drug(s) not in
accordance with package directions while on
duty which inhibits the performance of tasks.
7. Sexual harassment.
8. Failure to follow chain of command unless special
conditions or emergency conditions dictate
otherwise.
3). Dismissal,
An employee who is dismissed for disciplinary reasons shall be
relieved immediately of all duties and responsibilities at the
time of discharge from the employment of the City. Discharge
for cause must be approved by the Department Chief, and the
City Manager in consultation with the Personnel Director and
the City Attorney.
4). Disciplinary Suspension
An employee who is suspended for disciplinary reasons shall be
relieved temporarily of all duties and responsibilities and
shall receive no compensation for the period of his
suspension.
5). Non -Disciplinary Suspension
During the investigation, hearing or trial of an employee on
any criminal charge, or during an investigation related to
alleged detrimental personal conduct, or during the course of
any civil action involving an employee, when suspension would
be, in the opinion of the employee's Department Chief, in the
best interests of the City, the employee's Department Chief
may with concurrence of the City Manager, suspend the employee
with or without pay for the duration of the proceedings as a
non -disciplinary action.
When a non -disciplinary suspension is terminated by full
reinstatement of an employee, the City Manager may authorize
recovery of any lost pay or benefits for the entire period of
the suspension, or for any part thereof.
6). Notification
When an employee is suspended, demoted or dismissed, the
employee's Department Chief shall immediately provide the
employee with written notice of the action taken, the
effective date, and the reasons for the action.
Section IV -10 Reduction in Force
In the event that a reduction in force becomes necessary,
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consideration will be given to the quality of each employee's past
performance and the needs of the organization as well as seniority
in determining those employees to be retained.
Section IV -11 Transfer
Any employee who has successfully completed a probationary
period may be transferred to the same or similar position in a
different division without serving another probationary period. An
employee desiring to be transferred should make the request via
his/her supervisor to the receiving Supervisor and Personnel
Department.
As vacancies occur in other work groups to which an employee
would be eligible for transfer, that employee's name shall be
submitted to the Department Supervisor for consideration. If a
Supervisor wishes to hire that employee, the requested transfer to
that specific work group must be approved by the Chief.
Section IV -12 Disability
An employee may be separated for disability when the employee
cannot perform the required duties because of a physical or mental
impairment. Action may be initiated by the employee or the City,
but in all cases it shall be supported by medical evidence as
certified by a competent physician. The City may require an
examination at its expense and performed by a physician of its
choice. Before an employee is separated for disability, an effort
shall be made to locate alternative positions within the City's
service for which the employee may be suited.
Section IV -13 Exit Procedure
The Personnel Director shall be responsible for ensuring all
authorized payroll deductions owed to the City by a terminating
employee are collected and that all compensation due a terminating
employee is paid that employee. In addition, prior to receiving
their final pay, all terminating employees will be interviewed by
the Personnel Director and/or Staff, to determine that all matters
pertaining to the employee have been settled.
The employee's supervisor and Department Chief are responsible
for the return of all City issued items included but not limited to
clothing, keys, tools and equipment.
ARTICLE V GRIEVANCE PROCEDURE
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Section V-1 Applicability
The provisions of this Article shall apply to all civil
service employees.
Section V-2 Purpose
The prompt settlement of misunderstandings or problems on an
informal basis at the work level is desirable in the interest of
sound employee/employer relations. The purpose of this article is
to assure that employees are able to receive prompt, fair and
considerate review of problems. It is expected that the procedures
set forth will encourage employees to discuss with their
supervisors matters pertaining to conditions of employment. Any
disagreement must be considered objectively and in an atmosphere of
mutual assistance.
Section V-3 Definition
A grievance is a criticism, view or feeling that insufficient
consideration or unfair treatment has been given to an individual
pertaining to employment conditions, to relationships between an
employee and his/her supervisor or to relationships between an
employee and other employees.
Issues related to work performance or conduct must be dealt
with pursuant to the applicable paragraph(s) in Section IV.
Section V-4 Policy
It is the policy of the City to provide a procedure for the
presentation and mutual adjustment of points of disagreement which
arise between employees and their supervisors. Administrative and
supervisory personnel are expected to act promptly and objectively
within the framework of this policy.
Section V-5 Procedure
1). An employee must register his/her complaint with the immediate
supervisor. The immediate supervisor and his/her supervisor
shall have a total of three (3) working days in which to
provide an answer to the employee.
2). If the issue is not settled with the employee's immediate
supervisor, the employee may request the supervisor to arrange
a meeting with the Department Chief. The Department Chief
shall hear the grievance and render a written decision within
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five (5) working days. At any time during the procedure, the
Personnel Director can be consulted by the employee,
supervisor or Department Chief although normally it is
required that the employee consult the supervisor first as
outlined.
3). If previously outlined steps have not resolved the grievance,
the employee can request in writing, that an appointment for
discussion be made with the City Manager. The City Manager
shall reply in writing within ten (10) days and any decision
rendered shall be final.
Section V-6 Rights to be Respected
The rights of the employee with respect to grievances as set
forth above shall be protected by the City Manager and by
Department Chief and supervision involved.
Section V-7 Discrimination Complaints
Any employee who believes he or she is being unlawfully
discriminated against should discuss the matter with their
supervisor without delay. In the event the employee feels it is
the immediate supervisor who is responsible for the discrimination,
the employee may bypass the supervisor involved and report the
incident(s) to the next level of supervision. If the problem is
not immediately resolved by this reporting, the employee may
contact the Personnel Director for assistance in the matter.
The supervisor who takes the discrimination complaint shall
immediately make a written report to the Department Chief who shall
in a timely manner forward the report, and steps taken to resolve
the matter, to the City Manager and Personnel Director.
ARTICLE VI CONDITIONS OF EMPLOYMENT
Section VI -1 Applicability
All civil service employees.
Section VI -2 Hours of Work
The normal business hours of work of employees shall be
determined by the Department Chief.
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Section VI -3 Overtime Compensation
The Department Chief acting within the budget, shall be
empowered to authorize overtime work as conditions require.
Compensation for work performed by non-exempt paid employees
in excess of normal working hours may fall in one of two
categories. These categories are designated as:
overtime pay
compensatory time.
Individual employees performing overtime work must be
authorized to do so by their supervisor and approved by their
Department Supervision.
Overtime Pay: Non-exempt employees who are paid overtime will
Compensatory
Time:
receive time and one-half for all actual overtime
hours worked in compliance with the Fair Labor
Standards Act. Exempt employees do not receive
overtime compensation. A 40 -hour base work week is
established for police by ACA 14-52-205(B).
Compensatory time may be granted non-exempt
employees only in lieu of overtime pay with the
approval of the Department Chief. Compensatory
Time in lieu of overtime payment shall be governed
by the United States Fair Labor Standards Act.
(FLSA).
Exempt positions (which include professional,
executive and administrative classifications, as
defined by the FLSA) are not entitled to overtime
pay. Employees in these positions, as a part of
the job, are expected to work the hours necessary
to assure satisfactory results. If unusual circum-
stances dictate that an exempt employee has to work
an abnormally large number of hours, then the
employee may apply for informal time off at a time
which is convenient to the department. It should
be understood, however, that informal time off is
not a right for which an employee may make a
demand. It is simply a privilege that may be
extended at the sole discretion and convenience of
the City. Under normal circumstances, informal
time off for exempt employees shall not be granted
on an hour -for -hour basis. Instead, it shall
normally be granted on a lesser basis that is
convenient to the City.
In no case shall an exempt employee be entitled to
receive payment for accumulated time worked over 40
hours per week.
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Section VI -4 Vacation Leave
2).
CIVIL SERVICE POLICE AND FIRE DAY EMPLOYEES
(a) All Police Officers and Fire day employees who have
been employed by the City one (1) year shall be
entitled to 15 days (120 hours) vacation leave with
pay and 15 days for each subsequent year completed
thereafter through (19) completed years of
employment.
(b) All Police Officers and Fire day employees
completing twenty (20) years of employment shall be
entitled to 18 days (144 hours) vacation leave with
pay and 18 days leave with pay for each subsequent
year of employment completed thereafter.
CIVIL SERVICE FIREFIGHTERS
(a) All Platoon Firefighters who have been employed by
the City one (1) year shall have accumulated 8
shifts (192 hours) vacation leave with pay during
the first year of employment and 8 shifts vacation
with pay for each subsequent year completed
thereafter through 10 completed years of employment.
(b) All Platoon Firefighters who have been employed by
the City eleven (11) years shall have accumulated
9 shifts (216) hours vacation leave with pay during
the eleventh year of employment and 9 shifts
vacation leave with pay for each subsequent year
completed thereafter through 20 completed years of
employment.
(c) All Platoon Firefighters completing twenty-one (21)
years of employment shall have accumulated 10 shifts
(240 hours) vacation leave with pay during the
twenty-first year of employment and 10 shifts
vacation leave with pay for each subsequent year
of employment completed thereafter.
3). (a) An employee shall not take more than two (2)
consecutive weeks of his or her vacation at any one
time except by approval of the Department Chief.
(b) A maximum of two years earned accrued unused
vacation may be accumulated.
(c) Vacation shall not accrue to any employee hired as
a temporary.
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(d) Division Heads will be responsible for scheduling
vacation leave within their division.
(e) Department Chiefs may grant the use of not more than
five (5) days or shifts of unearned vacation for
employees.
Section VI -5 Sick Leave
1). The accrual of sick leave for Police and Fire employees
is governed by Arkansas Uniform Sick Leave Statutes. The
City, by ordinance, has established a maximum
accumulation of unused sick leave for Police employees at
90 days and for Fire employees 90 shifts.
During the first year of employment, Civil Service
Police and Fire Day personnel will accrue one (1) day
(8 hours) of sick leave for each full calendar month of
service, and Civil Service Fire personnel will accrue one
(1) shift (24 hours) of sick leave for each full calendar
month of service. Sick leave may not be taken during the
first ninety (90) days of employment.
Civil Service Police and Fire Day personnel accrue 20
days (160 hours) of sick leave per year, beginning one
year after the date of employment, with a maximum
accumulation of 90 days (720 hours) permitted.
Civil Service Fire personnel accrue 20 twenty-four hour
shifts (480 hours) of sick leave per year, beginning one
year after the date of employment, with a maximum
accumulation of 90 twenty-four hour shifts (2160 hours)
permitted.
A Police Officer, upon death or retirement, will be paid
for a maximum of 90 days of accrued unused sick leave at
his/her current grade step rate. Upon termination of
employment, a maximum unused accrual of 60 days will be
paid.
A Firefighter upon death or retirement will be paid for
a maximum unused sick leave accrual equivalent to four
and one-half months salary at his/her current grade step
rate. Upon termination of employment, a maximum unused
accrual equivalent to twelve weeks salary will be paid.
2). Sick Leave in this policy is hereby defined to mean
compensated leave granted to an employee for the
following reasons:
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3).
4).
5)
6).
a. Personal illness, including sickness arising from
pregnancy.
b. Exposure to contagious disease resulting in the
quarantine of the employee.
c. Required physician or dental appointments that cannot
be scheduled other than during the regular work day.
d. Providing care to a member of the employee's
immediate family who is ill. Immediate family is
defined as a spouse or children of the employee
living in the household of the employee.
An employee may use up to three days of sick leave per
calendar year to attend crisis situations affecting
family members. A crisis is defined as imminent death,
serious illness, a natural disaster, residence fire or
occurrences of equal severity or emotional trauma which
require the employee's presence. Family members covered
by crisis leave are those listed in the funeral leave
section of this policy. Crisis leave is to be granted at
the discretion of the employee's Department Director.
Sick leave benefits shall be paid at a base pay rate
equivalent to that payable if the employee were present
at work. Upon retirement or termination, accrued sick
leave time will be paid at the employee's then current
base rate subject to the maximums in VI -5 (1).
Sick leave may be granted full-time employees of the City
for three (3) consecutive days without a physician's
certificate or certification from the Health & Benefits
Administrator. However, the Division Head shall have
the right to request a physician's certificate or
certification from the Health & Benefits Administrator
after one (1) day of sick leave if this action serves the
best interest of the City. Sick leave in excess of three
(3) consecutive days will be granted full-time employees
of the City when a physician's certification or
certification from the Health & Benefits Administrator is
furnished showing the employee is too ill to perform
his/her regular duties.
The Department Director and Personnel Director may review
the circumstances of any extended sick leave that exceeds
thirty (30) working days. After thirty (30) sick leave
days are used by an employee, the City reserves the right
to have a City appointed doctor to evaluate the condition
of the employee to determine the likelihood of that
employee. returning to work.
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7). After sixty (60) sick leave days are used, the circum-
stances shall be reviewed by the City Manager. If
at that time there is no indication that the employee
will be able to return to work, the City reserves the
right to require the employee to file an application for
disability.
8). Sick leave benefits and workers' compensation cannot be
paid simultaneously for the same injury or illness.
Workers' Compensation benefits are primary in the event
of a job related or incurred accident or illness.
Section VI -6 Funeral Leave
Employees may be allowed to use a maximum of three (3)
calendar days for the purpose of attending or making arrangements
for a funeral of a member of their immediate family. Immediate
family is defined as: spouse, child, mother, father, sister,
brother, guardian, grandparent, grandchild, plus the various
combinations of half, step, in-law and adopted relationships that
can be derived from those named. Absence for funerals other than
immediate family may be charged to accrued vacation or sick leave.
Section VI -7 On the Job Injury Leave
Each employee who is unable to work as a direct result of an
injury arising out of, and in the course of his employment with the
City, shall be paid subject to the provisions hereinafter provided.
1). An employee shall receive full pay until his/her accumulated
sick leave is exhausted, payable as follows:
(a) Each employee shall be paid an amount, which together
with the weekly Worker's Compensation benefits to which
he/she may be entitled, shall equal his/her regular base
salary rate at the time of injury.
(b) The charge against the employee's accumulated sick leave
shall be one day sick leave for each work day the
employee is absent from work for the first seven (7) days
after the date of injury. According to Arkansas Worker
Compensation Laws and Rules of the Commission, worker
compensation benefits to the injured employee shall not
be allowed for the first seven (7) calendar days of
disability resulting from injury, excluding the day of
injury, unless a disability extends beyond that period.
If the disability does extend beyond the seventh day,
compensation shall commence on the eighth (8th) day from
the date of disability. If a disability extends for a
period of two (2) weeks, (14 calendar days), worker
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compensation benefits shall be retroactively allowed
beginning the first day of disability, excluding the day
of injury. The City debits pro rata sick time from the
employee's sick leave accrual for each work day absent
after an employee has missed seven (7) days due to an
injury. This pro rata amount is that sick leave time
necessary to make up the difference between Worker's
Compensation Benefits and base pay.
2). Employees shall receive the equivalent of full base pay for
the hours he/she would normally have worked until his
accumulated sick leave is exhausted as follows:
(a) Each employee shall be paid an amount of sick leave pay
which together with the weekly Worker's Compensation
benefits to which he/she may be entitled shall equal
his/her regular bi-weekly earnings at the time of the
injury. In the event an employee is disabled beyond 14
days from the date of injury and receives a check from
Worker's Compensation Commission for this time period,
he/she may keep this check. However, this payment will
become a part of his/her total earnings for that month.
His/Her future regular or sick leave paycheck will be
reduced by the excess compensation received over an
amount equal to base pay during the first seven days.
3). Procedure for injury cases is determined by the State of
Arkansas Worker's Compensation Laws. In no case will any of
the benefits contained herein be allowed or granted to an
employee until an "Employee's Report of Injury" form has been
completed and submitted to the Personnel Office. It shall be
the employee's responsibility, or in case he/she is unable to
report, the immediate supervisor's responsibility that an
"Employee's Report of Injury" is filled out and turned into
the Personnel Office. This report must be filled out
immediately after an accident.
Section VI -8 Maternity Leave
Maternity leave may be taken as sick leave with pay and will
be treated the same as any sick leave. After all accumulated sick
leave has been used, accumulated vacation may be used; thereafter
maternity leave without pay will be granted. The City guarantees
the employee the right to reinstatement at the same, or similar
position with no loss in seniority. Maternity leave shall be
limited to sixty (60) calendar days. Should circumstances require
maternity leave exceed sixty (60) calendar days, employee shall be
required to submit a disability statement from the attending
physician for employee or the baby.
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Section VI -9 Holidays
1). Designated holidays are as follows:
New Year's Day
President's Day
Memorial Day
Independence Day/July 4th
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Day
- Day at Christmas (to be determined by City Manager)
Personal Holiday
2). The Board of Directors may designate other holidays in
addition to those listed previously.
3). Civil Service Police Law Enforcement and Fire Personnel shall
work as scheduled by the Department Chief without regard to
the Board approved holidays. Salaries for Civil Service
employees include holiday pay.
Section VI -10 Military Leave
An employee who is a member of an armed forces reserve
organization or the National Guard shall be granted up to fifteen
(15) work days of military leave for required military training in
a calendar year. If the employee's military pay is less than the
pay normally earned by the employee, the City will pay the employee
the difference in salary to prevent a loss in his/her usual pay for
the period of military leave. The employee shall submit proof of
Active Duty days and the amount of military pay to the City.
Section VI -11 Civil Leave
1). Any employee who receives a summons to jury duty or a subpoena
from a state or federal court to appear as a witness shall be
entitled to leave with pay for such duty. (ACA 14-53-103
Exempts Firefighters from Jury Duty.)
2). Any employee who initiates court action, volunteers to appear
as a witness, or is a defendant in a non -City related case
will be excused from work for necessary court appearances.
The employee shall not be entitled to civil leave for such
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time; however, leave without pay or vacation leave may be
granted for this purpose.
Section VI -12 Educational Leave
1) A special leave of absence at full or part pay may in extra-
ordinary situations, be granted by the City Manager upon
recommendation of the Department Chief to permit a City
employee to take courses of study which will better equip the
employee to perform his duties for the City. The special
educational leave may not exceed twelve (12) months.
2) An employee granted educational leave in excess of sixty (60)
days with full or part pay shall agree in writing, to return
to the employment of the City upon completion of his/her
training and remain in the employ of the City for a period
equal to four (4) times the educational leave received, or
reimburse the City for all compensation received while on
educational leave.
Section VI -13 Education/Training
1). Employee Training, is a direct responsibility of each
employee's supervisor and Department Chief. Recognizing that
training is a benefit to both City and employee, the City
shall assume all or a portion of the cost of training.
2). Expenses incurred in on-the-job training shall be assumed by
the City. Expenses incurred in formal training courses
arranged by the City including the cost of training
materials and instructors shall be assumed by the City.
3). Classroom training time required by the City for a non-exempt
employee scheduled in addition to the regular base work period
required shall be compensated as time and one-half. Training
which is not required shall not be compensated as work time.
Section VI -14 Education Reimbursement
1). Tuition and expenses for formal training through enrollment by
employees in institutional courses leading to college credit
in fields where training is a benefit to the City shall be
defrayed by the City provided:
(a) The course taken or degree sought is in employee's field
and approved by Department Chief.
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(b) Prior to course enrollment, the request for City
participation for the course is submitted and approved by
the employee's Supervisor, Department Chief and Personnel
Director and an "Educational Agreement" is properly
executed. An Educational Agreement should be made a part
of the employee's personnel file in the Personnel Office.
(c) Payment of tuition shall be contingent upon satisfactory
completion of the course as per Educational Agreement.
(d) Attendance by full-time employees in pursuance of such
courses on work time shall be subject to the approval of
the Department Chief and Personnel Director and shall not
exceed five (5) working hours per week.
(e) Training for the purpose of attending conferences,
schools or courses of instruction designed to advance
technical or professional skills shall be subject to
approval by the Department Chief.
(f) Other programs may be considered only after appropriate
Department Chief and Personnel Director approval.
Section VI -15 Leave Without Pay
1). Upon the recommendation of the Department Chief and with the
approval of the City Manager, an employee may be granted a
leave of absence without pay for a period not to exceed one
(1) year for reasons of personal or family illness,
continuation of education, or special work which will permit
the City to profit by the experience gained or the work
performed.
2). Failure of an employee to report for duty promptly at the
expiration of the leave of absence shall be just cause for
dismissal. If necessary to the efficient conduct of the
business of the City, an employee on leave may be notified to
return prior to the time of the expiration of the leave.
Should he/she fail to return
time without good cause, the
voluntary termination and the
within a reasonable length of
employee may be treated as a
position filled.
Section VI -16 Insurance Program
The City shall make a group health insurance program available
for employees participation.
The City may make other group insurance plans available for
its employees upon authorization of the City Board.
Employees shall be enrolled in the programs in accordance with
City policy and the provisions of the insurance contracts, and the
City shall participate in the cost of the programs in such manner
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as determined by the City Board.
Section VI -17 Retirement
•
1). Civil Service employees may retire from active duty upon
reaching normal retirement age unless extenuating
circumstances justify exceptional action by the City Manager.
2). The City provides retirement plans in which Civil Service
employees participate.
Section VI -18 Employee -Employer Relations Policy
1). Productive and harmonious relationships between City employees
and management can best be achieved with respect to working
conditions if relationships and policies are clearly set
forth. The following shall be considered the official policy
of the City relating to employee -employer relations:
(a) The City does not recognize any employee organization as
the sole spokesman for any category of employees.
(b) Employees will be afforded the right to present
suggestions and make statements on any issue relating to
conditions of work.
(c) Strikes and work stoppages by City employees will not be
permitted. Instigation of, participation in, or giving
leadership to a strike, slowdown or work stoppage shall
constitute grounds for disciplinary action up to and
including dismissal.
(d) Infractions of work rules including unauthorized absences
from work shall be grounds for disciplinary action up to
and including dismissal.
2). The City Manager is hereby designated as the spokesperson for
the City in matters concerning employee -employer relations
under ordinary conditions. The City Manager, or designee, is
hereby empowered to meet and confer with employees. The
final determination of employee -employer relations policy
rests with the City Board.
3). In no event shall this policy be construed as a contract with
any employee as creating any debt or obligation upon the City.
The City will, at all times, remain an "Employment At Will"
employer.
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ARTICLE VII CONFLICT OF INTEREST AND POLITICAL ACTIVITY
Section VII -1 Applicability
The provisions of this article
employees.
shall be applicable to all
Section VII -2 Outside Employment
The work of a full-time employee of the City shall have
precedence over the other occupational interests of the employee.
In order to protect the interest of the employee and the City, all
outside employment for salary, wages or commissions and all self-
employment must be reported in writing by the employee and reviewed
for potential conflict of interest. Copies shall be maintained in
the Personnel Office and the employee's department. Conflicting
outside employment must be resolved to the satisfaction of the
employee's Department Chief and City Attorney.
Section VII -3 Political Activity Restricted
1). Every employee has a civic responsibility to support good
government by every available means and in every appropriate
manner. Each employee may join or affiliate with civic
organizations of a partisan or political nature, may attend
political meetings, may advocate and support the principles or
policies of civic or political organizations in accordance
with the constitution and laws of the State of Arkansas and in
accordance with the Constitution and laws of the United
States of America. However, no employee shall while on duty:
(a)
(b)
(c)
(d)
Engage in any political activity.
Be required as a duty of his/her office or employment, or
as a condition for employment, promotion or tenure of
office, to contribute funds for political or partisan
purposes.
Solicit, or act as custodian of, funds for political or
partisan purposes.
Coerce or compel contributions
purposes by any other employee
or involve the City's name or
(e) Use any supplies or equipment
for political purposes.
for political or partisan
of the governmental unit,
symbols.
of the governmental unit
A member of City management, City employee, elected City
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official or any candidate for elected office may not require
a City employee to engage in activities listed in the above
items (a) through (e) either on the job or off the job.
2). Thirty (30) days before any primary run-off or a general
election in which the employee has an opponent, an employee
who becomes a candidate for the Arkansas General Assembly or
for any national, state, county or municipal office in another
city which is a paid position, shall take accumulated vacation
or shall be placed on leave of absence without pay.
3). Any City employee who shall become a candidate for nomination
or election to any City elective office shall immediately
forfeit the employment held with the City.
4). Any City employee who is elected to a county, state-wide or
national office may be placed on leave of absence without pay
for up to two (2) years or may be terminated at the discretion
of the City Manager.
5). An employee elected to the Arkansas General Assembly must take
leave of absence without pay when the General Assembly is in
regular or extraordinary session.
6). Any violation of this section shall be deemed improper conduct
and shall subject such employee to dismissal or other
disciplinary action.
Section VII -4 Political Campaigns
Campaign speeches or other political activities by individuals
seeking a City elective office shall not be conducted on the
premises of any City property nor shall any candidate for a City
elective office seek to contact and talk to employees for the
purpose of promoting their candidacy while the employees are on
duty for the City. The use of facilities designed for public
meetings shall be exempted from this section.
ARTICLE VIII CODE OF ETHICS
Section VIII -1 Standard of Conduct for Fayetteville City
Officials and Employees
1). It is the obligation of every public official and employee to
support the Constitution of the United States and the
Constitution of the State of Arkansas.
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2). Every citizen shall receive a fair and impartial hearing on
any matter coming before the City Board, its appointed
agencies or any employee of the City. No public official or
employee shall make any promise or pledge to any person
concerning any matter to be heard before a public official or
employee except upon fair, impartial and final hearing
thereof.
3). The conduct of public business shall be free of any hidden
personal or financial interest of any public official or
employee. No public official or employee shall advocate in
any public meeting or private discussion any matter in which
he has a personal or financial interest except upon full and
timely disclosure of the interest.
4). It is the obligation of every public official to faithfully
discharge the duties of his office. In the conduct of public
business, no public official shall be excused from voting
except on matters involving consideration of his own official
conduct, or where his financial interests are involved. Every
public official shall make full and timely disclosure of any
personal or financial interest which he has in any matter of
public business to be transacted before him.
5). The conduct of public business shall be free of any influence
arising from gifts, favors or special privileges. It is the
obligation of every public official and employee to refuse
personal gifts, favors or special privileges in every instance
where such public official or employee reasonably believes
such gift, favor or special privilege would not have been
extended but for the position of such public official or
employee, or where there exists a reasonable belief that the
giver's interests are likely to be affected by the actions of
the public official or employee, or where the gift is or may
reasonably be considered to be designed to influence the
actions of the public official or employee. No public
official or employee shall seek personal or financial
advantage by means of his public office, appointment or
employment.
6). The use of public trust for private gain is in conflict with
good government. No public official or employee shall violate
the code of ethics provisions of Arkansas Codes. No public
official or employee shall use confidential or advance
information obtained by virtue of public office, appointment
or employment for personal or financial advantage.
7). It is the obligation of every public official and employee to
carry out the lawful orders and policies of the City Board.
No public official or employee shall knowingly take any action
inconsistent with the lawful orders or policies established by
the City Board. No public official or employee shall
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