HomeMy WebLinkAbout29-90 RESOLUTION•
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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
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APPROVED:
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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
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Page Article No
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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
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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
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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
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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
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VIII Code of Ethics
VIII -1 Standard of Conduct for Fayetteville City
Officials and Employees
II.
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PERSONNEL POLICY FOR GENERAL EMPLOYEES OF THE
CITY OF FAYETTEVILLE, ARKANSAS
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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:
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(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.
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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.
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ARTICLE III
Section III -1
SALARY PLAN
Coverage
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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
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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.
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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.
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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?
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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
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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.
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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.
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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.
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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.
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5). Non -Disciplinary Suspension
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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.
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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.
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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.
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•
•
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
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•
•
•
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.
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(f) 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
Director.
(g) Vacation leave shall accrue to a maximum of
thirty (36) days.
(h) Vacation shall not accrue to any employee hired
as a temporary.
(i) Division Heads will be responsible for
scheduling vacation leave within their
division.
(j) Department Directors may grant the use of not
more than five (5) days of unearned vacation
for employees.
Section VI -6
1).
2).
3).
Sick Leave
Sick leave shall be accrued for employees of the City at the
rate of one (1) day for each full calendar month of service
with no limit to the number of days that may be accrued. Sick
leave may not be taken during the first 90 days of employment.
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 City Nurse. However, the Division
Head shall have the right to request a physician's certificate
or certification from the City Nurse 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 City Nurse is
furnished showing the employee is too ill to perform his
regular duties.
Sick leave under this section is hereby defined to mean
absence of an employee from duty because of:
(a) Personal illness, including sickness arising from
pregnancy.
(b) Exposure to contagious disease resulting in the
quarantine of the employee.
(c) Required doctor or dental appointments that cannot be
scheduled other than during the regular work day.
(d) Illness of a member of the immediate family. Immediate
family is defined as a spouse or children of the employee
living in the household of the employee.
Sick leave benefits shall be paid at a rate equivalent to that
payable if the employee were present at work.
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4). 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.
5). After sixty (60) sick leave days are used, the circumstances
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.
6). Upon retirement or termination of employment, a maximum of
sixty (60) days accrual of unused sick leave time will be paid
to the employee.
Section VI -7 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 -8 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,
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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
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 -9 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 -10 Holidays
1). All full-time non -Civil Service employees shall be entitled
to the following holidays for which they will be paid the
regular rate of pay:
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). Any holiday that falls on Saturday or Sunday shall be observed
on the preceding Friday or the following Monday, as determined
by the City Manager.
3). An employee will not be paid for a holiday unless employee
works his/her last regularly scheduled shift immediately
preceding and the first scheduled shift immediately following
the holiday, or is on an Authorized Leave with Pay.
4). The Board of Directors may designate other holidays in
addition to those listed previously.
5). All employees shall be subject to being scheduled to work
holidays by the Department or Division Head with the approval
of the Department Director as the need may arise.
Section VI -11
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) 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 -12 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.
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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
time; however, leave without pay or vacation leave may be
granted for this purpose.
Section VI -13 Educational Leave
1) A special leave of absence at full or part pay may in
extraordinary situations, be granted by the City Manager upon
recommendation of the Department Director 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 training
and remain in the employ of the City for a period equal to
four (4) times the educational leave which he received, or
reimburse the City for all compensation received while on
educational leave.
Section VI -14 Education/Training
1). Employee Training, is a direct responsibility of each
employee's supervisor and Division Head. 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). Training time required by the City for a non-exempt employee
scheduled outside 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 -15 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 Director.
(b) Prior to course enrollment, the request for City
participation for the course is submitted and approved
by the Division Head, Department Director 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 Director 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 Division Head and Department Director.
(f) Other programs may be considered only after appropriate
Department Director and Personnel Director approval.
Section VI -16 Leave Without Pay
1). Upon the recommendation of the Department Director 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 within a reasonable length of
time without good cause, the employee may be treated as a
voluntary termination and the position filled.
Section VI -17 Unexplained Absences
An employee is expected to promptly notify his/her supervisor
in the event of an absence. Employees who are absent without
approved leave and who do not notify their supervisor within a
period of two (2) consecutive work days, shall be suspended.
Resumption of their employment with the City will be contingent
upon a reasonable explanation of the facts and circumstances of the
unauthorized absence.
Section VI -18 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.
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Employees shall be enrolled in the programs in accordance with
the provisions of the insurance contracts, and the City shall
participate in the cost of the programs in such manner as
determined by the City Board.
Section VI -19 Retirement
1). City employees shall be retired from active duty upon reaching
seventy (70) years of age unless extenuating circumstances
justify exceptional action by the City Manager.
2). The City provides retirement/savings plans in which employees
may participate.
Section VI -20 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 CC�4FLICT OF INTEREST AND POLITICAL ACTIVITY
Section VII -1 Applicability
The provisions of this article shall be applicable to all
employees.
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 Director 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:
Engage in any political activity.
Be required as a duty of his 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
Use any supplies or equipment
for political purposes.
A member of City management,
official or any candidate for
a City employee to engage in
items (a) through (e) either
for political or partisan
of the governmental unit,
symbols.
of the governmental unit
City employee, elected City
elected office may not require
activities listed in the above
on the job or off the job.
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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.
F_';�404AJ `/iii
Section VIII -1
for
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.
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.
26
r
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 provisions of Arkansas Statutes. 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
knowingly take any action which would be detrimental to the
best interests of the City.
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