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HomeMy WebLinkAboutCityMgrForm.1370.09-06-1978 " �• . � . CITY MANAGER FORM ORDINANCE NO. � ��U AN ORDINANCE REPEALING IN THEIR ENTIRETIES CITY MANAGER FORM ORDINANCE NO. 68 AND CITY MANAGER FORM ORDINANCE NO. 140 RELATING TO CIVIL SERVICE AND ENACTING AN ORDINANCE TO BE KNOWN AS THE EMPLOYEE PERSONNEL ADMINISTRATION ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. City Manager Form Ordinance No. 68 and City Manager Form Ordinance No. 140 are hereby repealed in their entirety. SECTION 2 . GENERAL PURPOSE: The general purpose of this ordinance is to establish a system of personnel administration that meets the social, economic, and program needs of the people of the City of Cape Girardeau, Missouri. This system shall provide means to recruit, select, develop, and maintain an effective and responsive work force, and shall include policies and procedures for employee hiring and advancement, training, and career development, job classification, salary administration, retirement, fringe benefit, discipline, demotion, transfer, discharge and other related activities. The City of Cape Girardeau is an equal opportunity employer and all of the foregoing personnel policies , programs, practices and related activities shall be followed without regard to ethnic and other non-performance related considerations, and shall be based on merit and fitness. (Sections 78.600 , 78. 610 (1) Revised Statutes of Missouri 1969; ;t r , Title VII, Civil Rights Act, 1964; Equal Opportunity Act, 1972; Related Executive Orders and Federal/State Laws, as amended, and City of Cape Girardeau Affirmative Action Policy. ) SECTION 3 . CAREER SERVICE: A. The career service shall be a permanent service to which this ordinance shall apply and shall comprise all tenured positions in the public service now existing or hereafter established, except the following: 1. The members of the City Council and other elected positions . 2 . Members of boards , commissions and judges appointed by the City Council and heads of departments appointed by the City Manager. 3. Persons employed to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the City Council, a committee thereof, or the City Manager. 4 . The following positions which by their nature or by statute (confidential and/or key policy determining) cannot or should not appropriately be included in the career service, are also exempted: a. City Clerk b. City Assessor c. City Treasurer d. City Manager e. Municipal Court Judge 2 . B. Nothing herein shall be construed as precluding the appointing authority from filling any position in the manner in which positions in the career service are filled. SECTION 4 . PERSONNEL DEPARTMENT: A. There shall be in the City of Cape Girardeau, Missouri , a personnel department, the executive head of which shall be the City Manager or his designee, and who also shall be referred to as the Director of Personnel. B. The executive head of the personnel department shall direct all of its administrative and technical activities and appoint its employees. It shall be his duty to: l. Encourage and exercise leadership in the development of effective personnel administration within the several departments in the government service, and to make available the facilities of the department of personnel to this end. 2 . Advise the City Council on manpower utilization. 3 . Foster and develop programs for the improvement of employee effectiveness , including training, safety, and welfare. 4 . Investigate from time to time the operation and effect of this ordinance and of the policies made thereunder and to report his findings and recommendations to the City Council. 5. Establish and maintain records of all employees in the government service, in which there shall 3 . be set forth as to each employee the class , title, pay or status , and other relevant data. 6 . Apply and carry out this ordinance and the policies thereunder and to perform any other lawful acts which may be necessary or desirable to carry out the purposes and provisions of this ordinance. C. The director of personnel shall issue personnel policies for the City of Cape Girardeau, Missouri. Adequate notice shall be given to all members of the career service and the City Council of proposed changes or additions to the personnel policies prior to the time they are to take effect. The policies shall provide: 1. For the maintenance and revision of a position classification plan for all positions in the career service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to all positions in the same class . 2 . For recruitment of capable persons and for administerinq fair and open evaluations , to determine the relative fitness of applicants for positions in the public service. 3 . For certification to the appointing authority of the names of persons who are categorized as qualified to fill a vacancy. 4 . 4 . For promotions which shall give appropriate considera- tion to each applicant' s qualifications , record of performance, and ability. 5. For, upon appointment or promotion, a period of employee probation, prior to permanent appointment, not to exceed one (1) year. 6 . For emergency employment for not more than ninety (90) days with the consent of the director. 7 . For keeping records of performance of all employees in the career service, which performance records shall be considered in determining salary increments or increases for meritorious services; as a factor in promotions; as a factor in determining the order of layoffs because of lack of funds or work and in reinstatement; and as a factor in demotions , discharges and transfers. 8 . For lay-offs when necessitated by reason of lack of funds or work, or abolition of a position, or material change in duties or organization, and for reemployment of employees so laid off. 9 . For establishment of a plan for resolving employee grievances and complaints. 10 . For the establishment of disciplinary measures such as suspension, demotion in rank or grade, or discharge. 11. For establishing hours of work holidays , and attendance regulations in various classes of positions in the career service. 5 . 12 . For establishing and publicizing fringe benefits such as insurance programs , retirement and leave policies. 13 . For providing for a rule to require retirement of Firemen and sworn personnel of the Police Department at age 65 and all other employees in the career service at age 70 (H.R. 5383, P .L. 95-256) . 14 . For development and operation of programs to improve work effectiveness , including training, safety, welfare, and employee relations . 15. For establishing an extra-territorial residency rule for employees in the career service. 16 . For such other policies and administrative regulations, not inconsistent with this ordinance as may be proper and necessary for its enforcement. 17 . For annual staff review of the City Plan Plan and recommendations to the City Council based thereon. SECTION 5. APPOINTING AUTHORITY: Appointing and termination authority shall be vested in the various Heads of Departments with concurrence of the City Manager. SECTION 6 . CITIZEN PERSONNEL BOARD: There shall be in the government a three (3) member citizen personnel board. The members of the board shall serve overlapping three-year terms and shall be appointed by the Mayor and confirmed 6 . by the City Council. The board shall elect one of its members as chairman. The terms of office for members initially appointed to the board shall be: one (1) for three (3) years of service; one (1) for two (2) years of service, and one (1) for one (1) year of service. Thereafter, members shall be appointed for three (3) year terms , excepting when a special appointment is required to fill a vacancy and complete the term of a previously appointed member. Each member of the board shall hold office until his successor is appointed and confirmed. A member of the board may be removed by the City Council only for cause, after being given a copy of the charges against him and an opportunity to be heard publicly on such charges before the City Council. Members of the Citizen Personnel Board shall each be paid five dollars ($5. 00) per day for time officially devoted to their duties as a board member but shall not be paid more than One Hundred and Twenty Dollars ($120. 00) in any year. In addition, each member shall be reimbursed from the treasury of this City for necessary travel and other proper expenses , as authorized by the City Council or City Manager. Adequate annual appropriations shall be made to enable the board to carry out effectively the provisions of this ordinance. The board, upon request of the City Manager, will have the responsibility of providing advice and counsel on all aspects of public personnel administration including, but not limited to, manpower utilization, manpower training, applicable employee grievances and employee salaries. 7 . �_� ��p �.� � � '. . ' The board also shall represent the public interest by reviewing applicable employee appeals of employer action resulting in allegedly unwarranted dismissal or suspension. During such review, both the appealing employee and the appointing authority or other persons whose action is being reviewed shall have the right to be heard publicly, be represented by a person of his choice, and to present evidentiary facts. At the hearing on such appeals , technical rules of evidence shall not apply. In conducting the hearing, the Citizen Personnel Board has the power to administer oaths, issue subpoenas , receive relevant evidence, compel the production of books and papers relevant to the hearing, and question witnesses. It shall be the duty of the Board, within thirty (30) days of the conclusion of the hearing, to forward its decision concerning the appeal to the City Manager for appropriate action. The findings and decision of the Citizen Personnel Board shall be final and not subject to review by any other court except as to the jurisdiction and correctness of the procedures followed by the Board. SECTION 7 . AGREEMENTS AUTHORIZED: A. The Director is authorized and empowered to enter into reciprocal agreements , upon such terms as may be agreed upon, for the use of equipment, materials , facilities , and services with any public agency or body for purposes deemed of benefit to the public personnel system. 8. B. The Director may cooperate with other governmental agencies charged with public personnel administration in conducting personnel tests , recruiting personnel, training personnel, establishing lists from which eligibles shall be certified for appointment and for the interchange�of personnel and their benefits. SECTION 8 . POLITICAL ACTIVITIES : A. No City of Cape Girardeau, Missouri , employee in the career service shall be an officer of a political party or hold political office during his/her employment. B. No employee, official or person shall solicit any assessments, contributions , or services , for any political party from any employee in the career service. C . Nothing herein contained shall affect the right of the 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 person shall seek or accept election, nomination, or appointment as an officer of a political club or organization, or take an active part in any municipal political campaign, or serve as a member of a committee of such club or organization or seek signatures to any petition provided for by any law, or act as a worker at the polls , or distribute badges, or pamphlets , 9 . . . . , , � ' , . . . dodgers , or handbills of any kind favoring or opposing any municipal issue or candidate for election, or for nomination to a municipal public office. SECTION 9 . EMPLOYEE ORGANIZATIONS: City of Cape Girardeau employees shall have the right to organize, join and participate, or to refuse to organize, join, and participate, in any employee organization freely and without fear of penalty or reprisal, for the purpose of collective negotiation through representatives of their own choosing on terms and conditions of employment as provided by Missouri Statutes. (Section 105.510 and 105. 520 , Revised 5tatutes of Missouri, 1969) or as they may subsequently be amended. SECTION 10 . UNLAWFUL ACTS PROHIBITED: A. No person shall make any false statement, certificate, mark, rating or report with regard to any test, certifica- tion or appointment made under any provision of this ordinance or in any manner commit or attempt to commit any fraud preventing the impartial execution of this ordinance and policies. B. No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service or other valuable consideration for any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the career service. C . No employee of the personnel department, examiner, or other person shall defeat, deceive or obstruct 10 . , . ,� . . ✓. , , � � • any person in his right to examination, eligibility, certification or appointment under this ordinance, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the career � service. SECTION 11. PENALTIES: A. Any person who wilfully violates any provision of this ordinance or of the policies shall be guilty of a misdemeanor. B. Any person who is convicted of a misdemeanor under this ordinance, shall, for a period of five (5) years , be ineligible for appointment to or employment in a position in the City of Cape Girardeau, Missouri, service, and if he is an officer or employee of the City of Cape Girardeau, Missouri, shall forfeit his office or position. SECTION 12 . STATUS OF PRESENT EMPLOYEES : Employees holding positions in the career service herein for one (1) year or more immediately prior to the adoption of this ordinance shall be continued in their respective positions without further examination, until separated from their positions as provided herein. Those holding their positions less than one (1) year immediately prior to the adoption of this ordinance shall serve a probationary period as prescribed by the ordinance. Nothing herein shall preclude the reclassification or reallocation as provided by this ordinance of any position held by any such incumbent. 11. � " . r +, � , , . Any salary or other job benefit accruing to employees prior to enactment of this ordinance shall continue until expressly changed by appropriate administrative or City Council action. SECTION 13 . SEPARABILITY: If any conflict arises between the provisions of this ordinance and Chapter 19 of the Code of Ordinances of the City of Cape Girardeau, the provisions of this ordinance shall prevail. If any section, subsection, sentence, clause, phrase or portion of this ordinance or any policy, rule, or order thereunder is for any reason held invalid or unconstitutional to any person by any Court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity of the remainig portions , policies, rules or orders thereunder, or persons to whom they apply. SECTION 14 . When any ordinance repealing a former ordinance, clause or provision, shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided. SECTION 15 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of Article VII, Personnel Policies, starting with Section 19-97 and numbered consecutively, of the Code of Ordinances of the City of Cape Girardeau, Missouri. 12 . ' , .'w ` , . , . . SECTION 16. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS � DAY OF y� , 1978. ` _ � � �1, � �' MAYOR �� ATTEST: ���� �� CITY CLERK 13.