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HomeMy WebLinkAboutORD 1317 - ORD Relating to Personnel Matters, Providing Standards & Procedures fpr Discipline & Grievances 86 ORDINANCE NUMBER 1317 ,----, I I U AN ORDINANCE RELATING TO PERSONNEL MATTERS; PROVIDING STANDARDS AND PROCEDURES FOR DISCIPLINE AND GRIEVANCES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Code of Ordinances of the City of West University Place, Texas, is hereby amended by adding two new articles to Chapter 2 (Administration), to be numbered as Article VII (Discipline) and Article VIII (Grievances), which said articles read as set out in Exhibit A hereto. Said new articles shall be numbered in sections in conformance with the remainder of the Code of Ordinances. Section 2. Said new articles of the Code of Ordinances shall supercede and replace the comparable provisions of all prior personnel policies and procedures heretofore adopted by the City Councilor by any officer or agency of the City. Specifically, such new articles shall replace Article VII of the "Personnel Policy and Procedure Manual" approved by Ordinance Nos. 1113 and 1143 (November 12, 1979). Such prior procedures are continued in effect for all pending appeals. Section 3. The procedures specified in the new Articles VII and VIII shall apply to all disciplinary and grievance proceedings commenced after tbe effective date of this ordinance. A proceeding is commenced when a formal notice of the proceeding is delivered to the person subject to the discipline, in the case of disciplinary action, or when the officer who is to act first on a grievance receives written notice of the grievance with a request that it be acted upon under the City.s grievance procedures. Section 4. The grounds for discipline specified in the new Article VII shall apply to conduct occurring after the effective date of this ordinance, and the prior policies shall apply to conduct occurring on or before the effective date of this nrdinance. Such prior policies are continued in effect for such purpose. Section 5. Nothing in this ordinance shall ever be construed as creating any contractual or vested rights of any kind. The City Council shall have the continuing right to repgal and to amend this ordinance and said new articles at any time, and the City Council does not purport to surrender or abrogate any of its legislative and ~ regulatory jurisdiction. ~ , \ I I . I , i L-J 87 Ordinance Number 1317 D Section 6. The City Manager shall notify the City Council of all disciplinary matters acted on by the City Manager where the discipline includes demotion (with a reduction in pay), suspension for more than five days or dismissal. The City Manager shall make hearing records assembled in connection with such matters available to the members of the City Council upon request. Section 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. o Section 8. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 9. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 10. This ordinance shall become effective immediately upon adoption. PASSED AND APPROVED ON FIRST READING, this 25th day of April , 1988. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bell, Schwartzel Councilmembers Voting No: Councilmembers Bryan, Britton Councilmembers Absent: None PASSED AND APPROVED ON SECOND AND FINAL READING, this 9th day of May , 1988. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bell, Schwartzel Councilmembers Voting No: Councilmembers Bryan, Britton [] Councilmembers Absent: None 88 Ordinance Number 1317 Signed: I I i Michael.L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney I . I ! I ' L 89 o EXHIBIT A ARTICLE VII. DISCIPLINE Sec. 2-76. Application of Article. This Article applies to discipline of all employees of the City except for department heads and employees appointed by City Council under the City Charter. Section 2-77. Grounds for Discipline. Discipline may be imposed for any of the following acts, or failures to act: 1. Inefficiency or. Neglect of Job. Any conduct which prevents or hinders efficient public service. Some examples are: a. Failure or refusal to follow instructions; failure or refusal to follow departmental rules or regulations, insubordination. [ b . Using or being under thei nfl uence of drugs , alcohol or other substances while on duty. c. Tardi ness, unexcused absence and 1 eavi ng the place of work during working hours without permission of the supervisor. d. Dressing in a manner which is inappropriate for one's work which includes but not limited to protective clothing necessary to perform the work assignment with maximum safety to the employee and which is unduly, or unreasonably ,distracting to others or otherwise interferes with the performance of other employees. e. Restricting or hindering the work of other City workers. f. Theft, damage to, misappropriation of or destruction of Ci ty property. o g. Neglect or carelessness that causes, or could cause, injury or death, or damage to property. h. Being discourteous to the public or other employees while in the line of duty. 1. Violating established municipal operating policy and procedures as may be elsewhere described or defined. j. Incitement, attempt to incite, or participation in a strike, work stoppage, slow-down, sit-down, sick-out or other illegal job action. ,1"T~ "" ~; I~n"".'l I~.'r' ;~I fj~II"I'lll1l;j'I.IIIr:- 90 k. Sleeping on the job during working hours, except fire ,I personnel who are allowed to sleep during shift work. ~ 1. Abandonment of job (3 days). 2. Inteqrity. Any conduct on or off the job which indicates a lack of integrity, or which presents the appearance of a lack of integrity. Some examples are: a. Conduct prohibited by state of federal law, municipal ordinance or City Charter, regardless of whether a prosecution is commenced or not, and regardless of whether a conviction is obtained or not. Minor traffic violations occurring off-duty are excluded from this category. b. Conduct of a political nature, involving a City election, which can present possible conflict of interest or which could appear to aid a campaign. c. Soliciting or taking a fee, gift, or other gratuity from any person which could for any reason conflict with the interest of the City or could compromise the employee in performing his or her duties and responsibilities. d. Altering of falsifying City records. 3. Judqment. etc. Conduct, on or off the job, which exhibits a lack of common sense, a failure. of decision - making ability, an inability to transact personal business, norma lly, or alack of concern for the we Hare of other people, which also causes any of the following. a. A seri ous - doubt, in the mi nds of the employee's fellow workers or supervisors, about the employee's ability to make proper judgments or decisions on the job. , i '----' b. The possibility of scorn or ridicule for the department involved or the City as a whole. c. The possibility of the employee being subject to blackmail or extortion. d. The possibility that the employee's personal interest would be in conflict with the interests of the City. 4. Pre-Emoloyment Matters. Any false, incomplete, or misleading statement made in connection with the hiring process; any failure to disclose a matter that could affect the decision to hire; or any conduct which, although it occurs before hiring, has the same practical effect--or nearly the same practical effect--that it would have if it occurred after hiring. I I L...J 2 91 D Sec. 2-78. Types of Discipline~ 1. Informa 1 di sci pl i ne i ncl udes: '. a. Verbal reprimand b. Written Reprimand c. Suspension of not more than one day 2. Formal di sci p 1 i ne includes: a. Reinstatement or extension of probationary status b. Suspension with or without pay (over one day) c. Reduction in pay d. Demotion e. Dismissal o 3. What is not discipline: layoffs, reductions in force, pay reductions or other measures resulting from economy campaigns, reorganizations or other similar policies. These actions may be taken without complying with disciplinary procedures. Sec. 2-79. Who May Initiate Disciplinary Procedures. 1. Department Head A Department Head, if authori zed by the Ci ty Manager, may initiate any disciplinary proceedings, either on his own motion or upon a request from another person. 2. Non-Department Head' A supervisor, below the Department Head level, may initiate disciplinary proceedings either on his own motion or upon request from another person, but only if both of the following circumstances are present: a. Delegated Authority The DepartmeFlt Head had previously delegated the authority to initiate the proceedings to the supervisor, in writing. o b. Informal Discipline Only Sec. 2-80. Pre-disciplinary Action Procedures. 1. Informal Discipline 3 92 Before imposing informal discipline, the supervisor shall ~ ma ke a reasonab 1 e attempt to meet with the employee, exp 1 a in I i the reasons for the discipline and allow the employee to LJ respond and present his point of view. No record of any such discipline shall, be placed in the employee's permanent personne 1 fi 1 e unless the record is fi rst approved by the Department Head. 2. Formal Discipline Before imposing any other discipline, the Department Head shall make a reasonable attempt to achieve all of the following: a. Give the employee written notice of the allegations and the rules involved. b. Give the employee access to any document or other tangible things that are essential to the employee's understanding of the allegations. c. A 11 ow the employee an opportunity to appear before the Department Head to respond to the allegations. d. If good cause is shown by the employee, the Department Head shall allow the employee additional time to gather information to present to the Department Head. e. Review the proposed action with the Personnel Manager. 3. Temporary Arrangements 'l ~ a. Temporary Reassignment During the time while an investigation or a disciplinary proceeding is pending, the employee involved may be reassigned temporarily. Such a temporary reassignment shall be considered a routine procedure, shall not be considered disciplinary action and shall not be taken into consideration in any way which might adversely affect the employee. b. Temporary Suspension During an inv'estigati.on or disciplinary proceeding, the emp 1 oyee may be suspended wi th or wi thout pay, subj ect to the following: ~ 4 93 o (1) Special procedure Before i mpos i ng any tempora ry s us pens i on, the Department Head must. make a reasonable effort to meet with the employee and review the reason for the investigation or disciplinary action and offer the employee an opportunity to respond. (2) Suspension Without Pay, Special Rules a) A suspension without pay shall not be imposed un 1 ess , in the judgment of the Department Head, there is a strong likelyhood that formal disciplinary action will be taken. b) If the suspension is without pay, it shall end automatically after 30 days, unless this temporary period is extended with the approval of the affected emp 1 oyee and the Department Head. I f no discipl inary action is taken before the temporary peri ad expi res, back pay sha 11 be awarded to the affected employee. OJ c) The Department Head may award back pay for all or part of the suspension period if, upon taking formal di scipl inary action, it appears that the suspension peri od already elapsed is greater than the necessary level of discipline. Sec. 2-81. Form of Disciplinary Action. Di sci p 1 i naryacti on, other than an oral repri!T1and, must be taken in writing. The disciplinary decision shall contain all of the following, for each separate violation: 1. The rule or regulation .involved (or a clear reference to it). 2. The supervisor's finding of the facts that make up the violation. Dates, times, places, names and specific conduct shall be included to the extent practicable. 3. Such other matters as are required to be included in action of type involved. 4. The effective date of the action. o 5 94 The effective date of a suspension or dismissal may be made retroactive to the beginning of a violation if necessary, to prevent the City from paying for services it did not receive. This might be applicable, for example, in the case of an unexcused absence, tardiness or abandonment of the job. ,j u a. Retroactive Date b. Delayed Date In the case of discipl inary action for which an appeal is allowed, if the employee so requests, Department Head shall make a determination as to whether a delayed effective date is 'practicable and will cause no serious disruption to the work of the department. If both factors are present, the effective date shall be delayed for a reasonable time after the date the action is taken, as determined by the Department Head. c. Immediate Effect Unless otherwise provided, disciplinary action is effective immediately when the disciplinary decision is signed. I , I ~ 5. Notice The Supervisor shall make a reasonable attempt to notify the employee of the action taken as soon as is practicable. The employee shall be requested to acknowledge receipt of notice, and a failure or refusal to so acknowledge receipt is a violation of this manual. ' Sec. 2-82. Appeal of Disciplinary Action. 1. Appeals Available a. Informal Discipline. The Department Head's action (or the supervisor's action, where applicable) o~ minor discipline is final, except that certain records are subject to Department Head approval as provided for above. b. Other Discipline. There is an appeal to the City Manager in the case of any other disciplinary action. 2. Method of Requesting an Appeal The employee who requests an appeal must: I a. Submit a written request for review to the Department ~ Head and the Ci ty Manager withi n 30 days fo 11 owi ng the day the employee receives notice of the action. 6 95 D b. Specify, as to each rule, regulation and fact finding in the ,disciplinary decision, whether ,the employee contests it or does not contest it. If contested, the employee shall state the employee's position on each contested point. c. Specify the type of appeal proceeding the employee requests as follows: 1) Forma 1 a) Formal evidence presentation, with cross examination (where requi red to estab 1 i sh disputed fact questions) b) Verbatim record c) More formal rules 2) Informal a) Informal evidence presentation, without formal cross examination. D b) Record by tape recording c) Relaxed rules d. State whether a public hearing or closed hearing is requested. 3. Procedures When an employee has properly requested an appeal, the City Manager shall take the following action: a. Arrange Proceedings The City Manager shall arrange for the proceedings requested by the 'employee. The City Manager shall either hear all of the evidence directly or shall make arrangements for it to be recorded and presented as part of the record. The City Manager may appoint an examiner to carry out such duties as the City Manager may request. b. Personal Presentation L The City Manager shall p_rovide an opportunity for the employee to represent his cas.e personally to the City Manager. 7 .I':l~.:,_.._., ...ll~ ."-"'I.:....li1..t1lU..lJ.llll.:L:Ullall:~ 96 The Ci ty Manager shall issue a wri tten dec i s i on. The City Manager may affirm, reverse or modify any action taken by the Department Head. The City Manager may reinstate an employee, award back pay and take any other action reasonably necessary to achieve the correct result in any given case. The City Manager's decision is final. I ~ c. Written Decision d. Temporary Arrangements If the employee during appeal shows good cause, the City Manager may temporarily suspend action taken by the Department Head, pending the outcome of the appeal. The City Manager may' also impose any other temporary arrangements that the Department Head could have provided (see above). ' Sec. 2-83. General Provisions. 1. Right to Counsel An employee may be assisted by counsel at all steps in the formal discipl inary process, beginning at the time that the employee is notified that formal discipHnary proceedings are commencing. This right shall not be used to delay or impede any investigation or proceeding. I ~ 2. Duty to Cooperate An employee shall cooperate fully at all steps in the disciplinary process. This shall include the giving of statements, providing other evidence, recelvlng and acknowledging notices and participating fully and punctually in all proceedings provided for in this Article. Failure or refusal to take any reasonable step requested shall be a violation of this Article, punishable separately, and it sha 11 also be grounds for forfei ti ng procedures or appeals provided for in this Article. 3. Supplemental Provisions The City Manager is authorized to prescribe supplemental provisions to carry out the purpose of this Article. ARTICLE VIII. GRIEVANCES Sec. 2-91. Grievance Procedure. It is the policy of the City to handle grievances of City I employees, appHcants and the publiC in a prompt and equitable ~ manner. This procedure shall be followed by any person having a 8 97 o grievance with the City concerning public access to buildings, employment with the City, personnel matters not covered under the disciplinary process or any other miscellaneous concern. The . . following steps of resolving grievances will assure proper consideration of actual or perceived injustice or inequity. City employees are required to begin at step one, whereas an applicant and/or the public shaH begin at step two. Standard forms will be provided by the City. 1. Step One An employee who feels that he or she has been treated unfairly must report any grievance to the employee1s immediate Supervisor. If the grievance involves the employee1s immediate supervisor, then the employee has a right, to report the grievance to the next level of management. It is the responsibility of the supervisor to study the grievance and attempt to resolve it within five (5) working days. A written resolution will be given to the grievant. If the employee remains dissatisfied after the information discussion and written resolution, an employee may proceed to step two to resolve the complaint. 2. Step Two Any employee, applicant and/or member of the public having a grievance with the City shall submit the grievance in writing to the Ci ty Department Head and forward a copy to the City Personnel Division. The written grievance must clearly state all conditions or actions that caused the perceived injustice or inequity, the action taken thus far and the action that is desired on the part of the City in order to remove the negative feeling. The Department Head will then submit a resolution to the grievant within five (5) working days of recei pt of the wri tten gri evance. . The gri evant sha 11 proceed to step three if di ssati sfi ed with the Department Head's resolution. 3. Step Three The employee, applicant and/or member of the public shall submit the written grievance and copies of all previous correspondence associated with the grievance to the City Manager. The City Manager will conduct such additional fact finding as he or she considers appropriate and will submit a written decision to the grievant. The City Manager will then submit a written resolution to the grievant within five (5) working days of receipt of the written grievance. The decision of the City Manager is final. 9