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