Loading...
HomeMy WebLinkAboutOrd.299.02-19-1986 r"' BILL N0. 86-15 ORDINANCE N0. � 1 AN ORDINANCE ESTABLISHING A COMPRFHENSIVE PERSONNEL SYSTEM FOR CITY OFFICERS ADTD EMPLOYEES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAtJ, MISSOURI , AS FOLLOWS: SECTION 1 . Chapter 19 of the Code of Ordinances of the City of Cape Girardeau, Missouri , is hereby repealed in its entirety. SECTION 2 . A new Chapter 19 of the Code of Ordinances of the City of Cape Girardeau, Missouri , is hereby enacted to read as follows : "PERSONDIEL PQLICIES Sec . 19-1 . General purpose . The purpose of this chapter is to provide a comprehensive personnel system for city officers and employees . � Sec. 19-2 . Equal opportunity. No person shall be appointed to or removed from or in any way favored or discriminated against with respect to any city position because of age , race, sex, physical handicap, political or religious opinions or affiliations . Sec . 19-3 . Merit system. All appointments and promotions of city employees shall be on the basis of inerit and fitness demonstrated by examination or other evidence of competence. Sec. 19-4 . Regulations . The city manager is authorized and directed to promulgate regulations dealing with personnel matters . These regulations shall be consistent with the personnel policies established by the Char_ ter and ordinances of the city. The regulations shall provide for hiring procedures , employee standards of conduct, disciplinary procedures and grievance procedures . The city manager may authorize department heads to issue departmental regulations . � r N � Sec. 19-5 . Classification of employees . There are three categories of city employees : specialized, noncareer and career . Specialized employees include the city manager and his staff, the city clerk , the city treasurer , the municipal judge , department heads , division heads and technical persons employed on special occasion or in an advisory capacity. Specialized employees other than the city clerk , city treasurer , municipal judge and city attorney may be dismissed at will by the city manager . Noncareer employees include part-time employees , temporary employees , and other employees so designated by the city manager . Part-time employees are those who normally work less than thirty-seven and one-half hours per week . Temporary employees are those who are hired for a limited period of time , Noncareer employees may be dismissed at will by the city manager . Career employees are all employees other than specialized and noncareer employees . Career employees serving in a probationary status may be dismissed at will by the city manager . � Members of the city council and members of city boards and commissions shall not be considered city employees for purposes of this chapter . Sec . 19-6 . Compensation of Employees . The compensation of individual city employees shall be determined by the city manager or his designee and shall be within the salary ranges established by the city council in the annual budget . Sec. 19-7 . Probationary period. Career employees shall serve in a probationary status for a period of one year from their first day of employment as career employees . Career employees who are voluntarily promoted or transferred shall serve in a probationary status for a period of six months from the effective date of their promotion or transfer . This six month period may be extended by the city manager for up to three additional months . Sec . 19-8 . Career employee rights . Non probationary career employees may be suspended without pay, demoted with reduction in pay or dismissed only for good �•� cause . -2- Sec. 19-9 . Citizen personnel board. � The existing three member citizen personnel board shall be continued as now constituted. Members of the board shall serve overlapping three year terms . Members shall be appointed by the city council . The board shall elect one of its members as chairman . Each member of the board shall hold office until his successor is appointed The city council shall appoint such alternate members of the board as are necessary to afford employees the opportunity to have appeals heard by three board members in a timely fashion . Members of the citizen personnel board shall each be paid twenty-five dollars ($25 . 00 ) per day for time officially devoted to their duties as board members . The citizen personnel board shall hear appeals from disciplinary actions in all cases in which a city employee is entitled to a hearing. Sec . 19-10 . Appeals to citizen personnel board. Before any nonprobationary career employee may be suspended without pay, demoted with reduction in pay or dismissed he ,�.� shall be notified of the proposed disciplinary action and the reason therefore and shall be afforded the opportunity to confront the city manager or his designee to rebut the charges against him. If the employee is suspended without pay, demoted with reduction in pay or dismissed after such confrontation, he shall be given written notice of the action taken and the reasons therefore . The employee may appeal such disciplinary action to the citizen personnel board by filing written notice of such appeal with the city manager ' s office within ten days of receiving notice of the suspension , demotion or dismissal . The notice of appeal shall set forth the name of the employee, the disciplinary action appealed from, the date the action was taken and the relief the employee seeks . Upon receipt of a timely notice of appeal , the city manager shall promptly forward the notice to the chairman of the citizen personnel board . Sec. 19-11 . Citizen personnel board procedures and remedies . The filing of a timely notice of appeal shall commence a contested case before the citizen personnel board. Contested cases before the citizen personnel board are subject to the rules and procedures established by Chapter 536 RSMo. The citizen personnel board shall have the same power and duty to issue subpoenas as agencies created by the Constitution or � -3- state statute have under Chapter 536 RSMo. The citizen personnel �° board shall have the authority to order reinstatement and back pay. Sec. 19-12 . Personnel records . (a) Records relating to the hiring, firing or disciplining of individual city employees shall be closed records . (b) An employee or his attorney may inspect and copy the records pertaining to the employee ' s hiring, firing or disciplining only in connection with an appeal properly taken to the citizen personnel board. Records relating to the hiring, firing or disciplining of an employee may be introduced into evidence at the employee ' s hearing before the citizen personnel board. Records relating to the hi.ring, firing or disciplining of other employees, however , may not be introduced into evidence . Sec. 19-13 . Political activities . (a) No city employee shall be an officer of a political party or hold political office. No city employee, other than an employee on unpaid leave of absence, shall be a candidate for elective political office. (b ) No person shall knowingly solicit any assessments, ,,.� contributions or services, for any political party from any city employee . ( c) Nothing contained herein shall affect the right of any city employee to hold membership in and support a political party, to vote as he chooses , to express privately his opinions on all political subjects and candidates, to maintain political neutrality, and to attend political meetings . ( d) No city employee shall seek or accept election, nomination or appointment as an officer of a political club or organization, or serve as a members of a committee of such club or organization, or take an active part in any municipal political campaign, or seek signatures to any petition provided for by any law, or act as a worker at the polls, or distribute badges or literature of any kind favoring or opposing any municipal issue or candidate for election or for nomination to a municipal public office. This subsection shall not be construed to prevent any city employee from providing factual information pertaining to any municipal ballot question. (e) No city employee shall wear a campaign button or other evidence of support of a political candidate or issue while on duty. Sec . 19-14 . Residency requirements . (a ) Al1 city employees shall maintain residence within the city � limits of Cape Girardeau . -4- r (b) Subsection (a ) of this section shall not apply to city ^ employees hired before the adoption of this ordinance who did not at the time this ordinance was adopted maintain residence within the city limits of Cape Girardeau. Such employees , however , shall maintain residency within five miles of the city limits of Cape Girardeau. ( c) Newly hired employees will be allowed a period of six months from their first day of city employment to comply with the provisions of Subsection (a ) of this section . " SECTION 3 . If any section, subsection, sentence, clause , phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . SECTION 4 . The repeal of Chapter 19 provided for in Section 1 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this ordinance . SECTION 5 . Employee disciplinary actions initiated prior to the effective date of this ordinance shall be governed by the procedures of Article VII of Chapter 19 repealed in Section � 1 hereof . SECTION 6 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS -��/� DAY OF , 1986 . i� � ��� ��✓u,l �� 1 �-,�-� Howard C. Tooke, Mayor ATTEST: lvin M. Stoverink , City Clerk � -5-