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HomeMy WebLinkAbout29-90 RESOLUTION• • • RKSOLIITTON NO. 29-90 A R SOLYTION ADOPTING TEF. NEW PERSONNEL POLICY FOR THE CITY OF FAYETTE'i I LLE EMPLOYEES. RE TT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVTIJ.E, ARKANSAS: Section 1. That the Board of Directors hereby autnorize adopt/on Lf the new personnel policy for the employees of the City of Fayetteville. y copy of the personnel policy authorized for execution hereby is attachec hereto marked Exhibit "A" and made a ,part hereof. Section 2. The adop:ton of said policy supersedes all prior existing personnel polices of the City of Fayetteville. PASSED AND APPROVED this 2Cth day of February X 1'TES'T : U : APPROVED: : • IL; • • • • TABLE OF CONTENTS Page Article No. Title of Section 1 I Organization of Personnel System I-1 Purpose I-2 Applicability 2 I-3 Responsibility of City Manager I-4 Policy Statement 2 II Position Classification Plan II -1 Coverage 3 II -2 Administration of the Classification Plan 4 III Salary Plan III -1 Coverage III -2 Position Pay Range Maintenance I11-3 Trainee Position III -4 Salary of Trainee 5 III -5 Starting Salary III -6 Job Performance Salary Increases III -7 Probationary Salary Increase III -8 Performance Pay Increase Budget 6 III -9 Pay Rates For Promotion, Demotion, Transfer, Reclassification or Reassignment III -10 Pay Rates For Part -Time Employees III -11 Transition to a New Salary Plan 7 III -12 Salary Upon Reemployment III -13 Payroll Deductions 8 III -14 Severance Pay 8 IV New Hires Promotions, Dismissals, Demotions and Suspensions IV -1 Applicability IV -2 Affirmative Action IV -3 Job Advertisements IV -4 Qualification Standards 9 IV -5 Hiring Practice IV -6 Employment of Relatives 10 IV -7 Probationary Period 11 IV -8 Promotions IV -9 Suspension, Demotion, Dismissal 13 IV -10 Reduction in Force IV -11 Transfer 14 IV -12 Disability IV -13 Exit Procedure I. EXHIBIT A • Page Article No 4a • Title of Section 14 V Grievance Procedure V-1 Applicability V-2 Purpose V-3 Definition 15 V-4 Policy V-5 Procedure V-6 Rights To Be Respected V-7 Discrimination Complaints 16 17 18 19 20 21 22 23 24 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 VI VI -1 VI -2 VI -3 VI -4 VI -5 VI -6 VI -7 VI -8 VI -9 VI -10 VI -11 VI -12 VI -13 VI -14 VI -15 VI -16 VI -17 VI -18 VI -19 VI -20 • Conditions of Employment Applicability Hours of Work Overtime Compensation On Call Policy Vacation Leave Sick Leave Funeral Leave On the Job Injury Leave Maternity Leave Holidays Military Leave Civil Leave Educational Leave Education/Training Education Reimbursement Leave Without Pay Unexplained Absences Insurance Program Retirement Employee -Employer Relations Policy • VIII Code of Ethics VIII -1 Standard of Conduct for Fayetteville City Officials and Employees II. 1 • • PERSONNEL POLICY FOR GENERAL EMPLOYEES OF THE CITY OF FAYETTEVILLE, ARKANSAS • ARTICLE I ORGANIZATION OF PERSONNEL SYSTEM 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 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) Employment shall be based on merit without regard to race, sex, color, national origin, religion, age or political affiliation. Applicants with physical handicaps shall be given equal consideration with other applicants for positions in which their physical handicaps do not represent an unreasonable barrier to the performance of the essential functions of the position applied for. (2) Conditions of employment shall be maintained to promote efficiency and economy in the operation of the City government. (3) Position classification and compensation plans shall be maintained and revised from time to time to meet changing conditions. (4) New hires and promotions shall be made solely on the basis of qualifications, merit and fitness, demonstrated by experience, education, job performance and/or other evidence of competence. (5) 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. Section I-2 Applicability The provisions of this policy shall be applicable to all employees except those provided as follows: 1 • • • • • • (1) Elected officials and officials appointed by the City Board to advisory or special boards and commissions shall be exempt from the provisions of this policy. (2) The City Manager shall be exempt from those sections governing the hiring and termination of employees. (3) Civil Service applicants and employees are subject to the specific procedures, rules, and regulations of the Civil Service Commission. Applicable Civil Service rules, procedures, regulations and State statutes governing Civil Service employment will supercede any conflicting provision in this policy. Section I-3 Responsibility of City Manager The City Manager shall be responsible for the administration of Personnel Policy which shall apply to all employees except those specifically exempt by Section I-2. 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, or other ordinances or resolutions of the City Board. Section I-4 Policy Statement The 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. 2 i • Section II -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 Directors and Division Heads 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 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 Directors 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. 3 • ARTICLE III Section III -1 SALARY PLAN 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 Pay 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, 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. The City Manager shall include in the annual budget, subject to Board approval, funding for merit and step -rate pay increases. Section III -3 Trainee Position When there has been a demonstrated inability to recruit qualified applicants for any given City position, the City Manager may authorize the employment or transfer of a trainee at a salary below the minimum established for the position. The probationary and training period for an employee classed as a "trainee" shall not exceed one (1) year. Section III -4 Salary of Trainee An employee who does not meet all of the established qualifications for a position in the City employment may be hired with the approval of the Personnel Director and City Manager at a training pay which shall not be more than ten (10) percent below the minimum pay established for the position. The employee shall continue to receive a reduced salary during the probationary period. The appointing Department Director, with the approval of the City Manager, shall determine that the trainee is qualified or not qualified to assume the responsibility of the position at the end of the training/probationary period. If the trainee is 4 • • determined to be qualified, he or she shall be moved to a rate in the pay range established for the position. If the trainee is determined not to be qualified, he or she may be terminated subject to the approval of the City Manager. In no case shall an employee remain in trainee status beyond the length of the probationary period. Section III -5 Starting Salary Each new employee shall normally be hired at the minimum salary which has been established for the classification in which he is employed except: 1). a trainee employee as provided in Sections I1I-3 and III -4, and 2). when a Department Director and the Personnel Director jointly determine that an applicant is highly qualified by education and/or directly applicable work experience, the City Manager may authorize the employment of such an applicant at a higher rate than the minimum in the pay range. This higher rate may not normally exceed the mid -point of the rate range. Section I1I-6 Job Performance Salary Increases Full-time and part-time employees are eligible for consideration for job performance salary increases. Job performance salary increases shall be granted only to those employees who have demonstrated a satisfactory or above standard level of job performance. Employees shall normally be eligible for consideration for a job performance salary increase at the time of their anniversary date of employment, the anniversary date of their last salary increase, or at the time of their promotional anniversary date, whichever is most recent. Employees being paid at the maximum of their assigned salary range shall not be eligible for a job performance salary increase. Section III -7 Probationary Salary Increase An employee employed in a full-time position may be eligible for consideration for a probationary salary increase during the first year of employment. A mandatory performance evaluation is required after completion of six (6) months and twelve (12) months of service. Probationary salary increases shall be given only in recognition of satisfactory performance. Section 1II-8 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. 5 • Section 1II-9 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 at least the minimum of the new pay range. 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 rate for the position offered. 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 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 rate for the position offered. Section III -10 Pay Rates For Part -Time Employees An employee hired for less than full-time service shall be paid at a rate not less than the minimum salary for the same or comparable class of positions in the salary plan. Section III -11 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. 6 • • • 2). Any employee, except those classified as trainees, being paid at a rate lower than the minimum rate established for the pay classification shall have his/her pay raised at least to the new minimum for the class. 3). Any employee classified as a trainee shall receive a pay increase sufficient so that the pay relationship to the minimum of the appropriate class for that range does not change. 4). 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 rate range maximum is below the employee's present pay. Section III -12 Salary Upon Reemployment An employee who resigns while in good standing or who is dismissed because of a reduction in force may be reemployed with the recommendation of the Department Director if an appropriate vacancy exists within one (1) year of the date of separation. If the salary of the former employee, at the time of his/her last employment with the City, is within the range established for the classification in which he/she is reemployed, the starting salary for such employee may not be greater than his/her former salary. Section III -13 Payroll Deductions Payroll deductions are allowable for the purpose of facilitating employee contributions for certain specified purposes. An employee may authorize deductions from his pay check 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? 7 • 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 -14 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 employees except those exempted in Section I-2. Section IV -2 Affirmative Action The City Manager shall be responsible for the promulgation and update of the City of Fayetteville's Equal Employment 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 The City Manager or his/her designee shall publicize vacancies to be filled 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 age, sex, race, color, creed, religion, national origin, and physical handicap. Section IV -4 Qualification Standards Employees shall meet the employment standards established by the position classification plan and such other reasonable minimum standards of character, aptitude, ability to meet the public, and 8 • • • • physical condition as may be established by the City Manager with the advice and recommendations of the Division Heads 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 City employment shall be 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. Applicants with physical handicaps shall be given equal consideration with other applicants for positions in which their physical handicaps do not represent an unreasonable barrier to the performance of the essential functions of the position. The Personnel Director shall be responsible for assisting the departments in recruiting and selecting such employees. The Personnel Director shall conduct preliminary screening processes and shall refer those applicants most qualified for an open position. A commitment shall not be made by the Personnel Office or hiring department to an applicant or employee until such time all potentially qualified individuals have had the opportunity to be considered for the position. The Personnel Department shall keep applications for a period of one (1) year. The City's screening process shall include but not necessarily be limited to examinations, qualifications analysis, oral interviews, medical history, previous employment history, character references, motor vehicle traffic records and criminal history and/or non- conviction data where applicable. Department Directors and the City Manager's staff will be hired by the City Manager. Other employees will be hired by the Division Head supervising the employee, subject to the approval of the Department Director and Personnel Director. Section IV -6 Employment of Relatives The employment of relatives in the same division of a department is prohibited; and in no case shall an employee supervise another member of his 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, and no action will be taken concerning those members of the same family employed in conflict with paragraph above prior to the adoption of this policy. 9 • • • • 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 1). Original Probationary Period Any 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 Director, 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 Director shall indicate to the Personnel Director and City Manager by these appraisals: (a) (b) whether or (c) whether or position. that the employee's accomplishments, failures, strengths and weaknesses have been discussed with the employee; work; and, not the employee is performing satisfactory not the employee should be retained in the 2). Promotional Probationary Period Any employee promoted to a higher position shall serve a trial period of six (6) months. Before the end of this six month period, the employee's Division Head and Department Director 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. 10 • • • • • • • Section IV -8 Promotions 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 Personnel Director 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 Personnel Director shall transmit to the hiring department the names of those applicants most qualified for the position. Promotions must be approved by the Department Director. Section IV -9 Suspension, Demotion, Dismissal 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 Director, but only after approval of the Personnel Director. In order to avoid undue disruption of work or to protect the safety of persons or property, the Department Director may immediately suspend any employee for a period of time not to exceed two (2) working days while final action 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 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 and Division Head which sets forth the points covered in their discussion; and third, a written warning from the Department Director 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. 11 • • • • • 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, controlled substance or non- prescription mind altering drugs while on duty or 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 Director, and the Personnel Director. 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. 12 • • • • 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 Director and the Personnel Director, in the best interests of the City, the employee's Department Director may with concurrence of the City Manager, suspend the employee 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 Director 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, 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 Division Head and Personnel Department, (or in the case of Department Directors, to the City Manager). As vacancies occur in other departments to which an employee would be eligible for transfer, that employee's name shall be submitted to the various Division Heads for consideration. If a Department Director wishes to hire that employee, the employee must request a transfer to that specific department and have it approved by the City Manager. 13 • • • • • 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 Division Head are responsible for the return of all City issued items included but not limited to clothing, keys, tools and equipment. ARTICLE V GRIEVANCE PROCEDURE Section V-1 Applicability The provisions of this Article shall apply to all employees except and those exempted in Section 1-2 (1), (2), and (3). 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 regulation 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. 14 • • • Issues related to work performance must be dealt with pursuant to the applicable paragraph(s) in Section IV and are not subject to Article V, "Grievance Procedures." 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 supervisor and Division Head shall have 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 Director. The Department Director shall hear the grievance and render a written decision within five (5) working days. At any time during the procedure, the Personnel Director can be consulted by the employee, supervisor or Department Director although it is recommended 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 Director 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. If the problem is not immediately resolved by Division Management, the employee may contact the Personnel Director for assistance in the matter. 15 • • The supervisor and Division Head involved with any problem relating to discrimination must immediately make a written report to the Personnel Director stating the type of problem, all related facts and how the problem is to be/or was resolved. ARTICLE VI Section VI -1 CONDITIONS OF EMPLOYMENT Applicability All employees except those exempted by Section I-2 (1), (2) and (3). Section VI -2 Hours of Work The normal business hours of work of employees shall be determined by the City Manager from time to time. Section VI -3 Overtime Compensation The Department Director 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 the Division Head. Overtime Pay: Non-exempt employees who are paid overtime will receive time and one-half for all actual hours worked in excess of their regular forty (40) hour work period. Exempt employees do not receive overtime compensation. Compensatory Time: Compensatory time may be granted non-exempt employees only in lieu of overtime pay with the approval of the Department Director. 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 16 • • • circumstances 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. Section VI -4 On Call Policy Those employees designated as being in an "on-call" status shall be compensated at the rate of $5.00 per day in addition to their hourly compensation. Section VI -5 Vacation Leave (a) An employee shall not be entitled to vacation leave unless six (6) months of service has been completed. (b) All full-time City employees who have been employed by the City for one (1) year shall be entitled to ten (10) days vacation leave with pay. The employee shall be entitled to five (5) of these 10 days of vacation after 6 months of service is completed. (c) All full-time City employees who have been employed by the City for two (2) years shall be entitled to twelve (12) days annual vacation leave with pay. (d) All full-time City employees who have been employed by the City for ten (10) years shall be entitled to fifteen (15) days annual vacation leave with pay. (e) All full-time City employees who have been employed with the City for twenty (20) years shall be entitled to eighteen (18) days annual vacation leave with pay. 17