Ord. 0456 02-27-89ORDINANCE N0. 456-1
AN ORDINANCE ESTABLISHING CERTAIN PERSONNEL POLICIES AND
PROCEDURES FOR EMPLOYEES OF THE CITY OF PEARLAND; DEFINING
BASIC OBJECTIVES; CONTAINING CERTAIN DEFINITIONS; PROVIDING
PROCEDURES FOR EMPLOYMENT AND SEPARATION; PROVIDING FOR A
PROBATION PERIOD; PROVIDING FOR A WAGE AND SALARY ADMINIS-
TRATIDN; PROVIDING STANDARDS OF WORK ATTENDANCE AND LEAVE;
ESTABLISHING WORKING RELATIONSHIPS; ESTABLISHING A CONDUCT
AND DISCIPLINE PROCEDURE; CONTAINING GENERAL PROVISIONS;
CONTAINING A DISABILITY BENEFIT PLAN; CONTAINING A SEXUAL
HARASSMENT POLICY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND OTHER PROVISIONS RELATING TO THE
SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
SECTION 1. That the Personnel Policies and Procedures for
employees of the City of Pearland, inapplicable to the Police
Department where inconsistent with state legislation and the
Civil Service Rules, as attached hereto and made a part hereof,
are hereby approved and adopted.
SECTION 2. That said Personnel Policies and Procedures are
attached hereto as Exhibit "A", respectfully, and incorporated
herein for all purposes, as if set forth in full in this ordi-
nance and in this paragraph containing a Table of Contents,
'Chapter 1, Basic Objectives; Chapter 2, Definitions; Chapter 3,
Employment & Separation; Chapter 4, Probation Period; Chapter 5,
Wage & Salary Administration; Chapter b, Attendance and Leave;
Chapter 7, Working Relationships; Chapter 8, Conduct and Disci-
pline; Chapter 9, General Provisions; Chapter 10, Disability
Benefit; Chapter 11, Sexual Harassment Policy.
SECTION 3. Repealing Clause. All ordinances in force when
this ordinance becomes effective and which ordinances are incon-
sistent herewith or in conflict with this ordinance are hereby
repealed, insofar as said ordinances are inconsistent or in
conflict with this ordinance; Ordinance No. 266 officially
adopted by the City Council on November 26, 1973, 1s hereby
specificaLly repealed.
SECTION 4. Savings Clause. All rights and remedies which
have accrued in favor of the City under ordinances and amendments
thereto shall be and are preserved for the benefit of the City
and the current city employees except that all employees must
declare any compensatory time accumulated under the prior person-
nel policy within thirty (30) days of the effective date of this
ordinance. All accumulated compensatory time not declared shall
not be claimed thereafter.
SECTION 5. Severability Clause. The City Council of the
City of Pearland, Texas, does hereby declare that if any section,
subsection, paragraph, sentence, clause, phrase, word or portion
of this ordinance is declared invalid, or unconstitutional, by a
court of competent jurisdiction, that, in such event it would
have passed and ordained any and all remaining portions of this
ordinance without the inclusion of that portion or portions which
may be so found to be unconstitutional or invalid, and declares
that it intent is to make no portion of this ordinance dependent
upon the validity of any other portion thereof, and that all said
remaining portions shall continue in full force and effect.
SECTION 6. This Ordinance shall become effective on and
after March 4, 1989 and shall continue in effect until
amended and/or repealed, except that Section 6.4 named "Holidays
shall become effective as of October 1, 1989."
PASSED ON FIRST READING by the City Council of the City of
Pearland, Texas, in regular meeting in the City Hall this the
/-3 day of
ATTEST:
KAY KP USE, CITY SECRETARY
PASSED ON SECOND READING by the City Council of the City of
Pearland, Texas, in regular meeting in the City Hall this the
,.,2 I day o f .4.c44444 / , 1989.
THOMAS J. REID, MAY
- 2 -
ATTEST:
RAY R0. S8„ CITY SECRE
TARY
KR SE„ CITY SECRETARY
EFFECTIVE DATE: 3-4-89
APPROVED AS TO FORM:
ROBERT E. TALTON,
CITY ATTORNEY
- 3 -
P1:16
EXHIBIT "A"
CITY OF PEARLAND
PERSONNEL POLICIES AND PROCEDURES
INACTED 27 DAY OF FEBRUARY , 1989
BY ORDINANCE NO. 456-1
TABLE OF CONTENTS
CHAPTER 1 - BASIC OBJECTIVES
PAGE
SECTION TITLE
1
1.1 Title 1
1.2 Purpose 1
1.3 Applicability 1
1.4 Organization for Personnel Administration 3
1.5 Amendments
Definitions
CHAPTER 2 - DEFINITIONS
4
CHAPTER 3 - EMPLOYMENT & SEPARATION
7
3.1 Residence 7
3.2 Pre -Employment Physical Examinations. 7
3.3 Inservice Examination 7
3.4 Employment 7
3.5 Disqualification for Employment 8
3.6 Transfer 8
3.7 Layoff 8
3.8 Nepotism 8
3.9 Permanent Transfer & Termination
CHAPTER 4 - PROBATION PERIOD
9
4.1 Probationary Period 9
4.2 Purpose 9
4.3 Confirmation or Termination
CHAPTER 5 - WAGE & SALARY ADMINISTRATION
10
5.1 Employees in Training 10
5.2 Transfer, Promotion, or Demotion 10
5.3 Use of Job Titles 10
5.4 Reduction in Pay 10
5.5 Reemployment 10
5.6 Temporary or Part -Time Rates 11
5.7 Payment for Overtime 11
5.8 Method of Payment 11
5.9 Separation Pay 12
5.10 Longevity Pay 12
5.11 Merit Increases 13
5.12 Outside Employment 13
5.13 Educational Assistance
CHAPTER 6 - ATTENDANCE AND LEAVE
PAGE
SECTION TITLE
15
6.1 Hours of Work 15
6.2 Attendance 15
6.3 Overtime 15
6.4 Holidays 15
6.5 Vacations 17
.6.6 Sick Leave 19
6.7 Abuse of Sick Leave 19
6.8 Emergency Leave 19
6.9 Worker's Compensation/Injury Leave. 21
6.10 Special Leave With Pay 21
6.11 Leave of Absence. . . . . 21
6.12 Military Leave 21
6.13 Leave for Military Physical Examination 21
6.14 Effect of Leave 21
6.15 Failure to Return After Leave 21
6.16 Absence Without Leave 22
6.17 Resignation 22
6.18 Civic Duties
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
CHAPTER 7 - WORKING RELATIONSHIPS
Performance Standards
Dress Code
Physical Fitness
General Health
Code of Ethics
News Media Relations
Political Activity. . .
Demotions . • • • • .
Suspensions . . . . . .
Personal Complaint Procedure
Dismissal
Termination
23
23
24
24
24
24
25
25
25
25
27
28
CHAPTER 8 - CONDUCT AND DISCIPLINE
31
Conduct and Discipline
CHAPTER 9 - GENERAL PROVISIONS
33
9.1 Personal Records 33
9.2 Confidentiality of City Information . 33
9.3 Gratuities to Municipal Employees 33
9.4 Gratuities to Public Sector 33
9.5 Solicitation. . • • • 33
9.6 Employment Contract .
SECTION TITLE
9.7
9.8
9.9
9.10
9.11
9.12
9.13
Retirement Age
Retirement Plan
Social Security
Health Maintenance
Life Insurance
Worker's Compensation
Vehicle Operation and Assignment
CHAPTER 10 - DISABILITY BENEFIT PLAN
10.1 Purpose
10.2 Effective Date of Benefits
10.3 Qualifications for Plan
10.4 Schedule of Disability Benefits
10.5 Reinstatement of Benefits
10.6 Denial of Disability Benefits
CHAPTER 11 - SEXUAL HARASSMENT POLICY
Sexual Harassment Policy
PAGE
34
34
34
34
34
34
34
36
36
36
36
36
37
38
6-1
ORDINANCE NO. 45
AN ORDINANCE ESTABLISHING CERTAIN PERSONNEL POLICIES AND
PROCEDURESIFOR EMPLOYEES;CONTAINIONG THE
iERTAINY OF PEARLAND; DEFINING
DEFINITIONS;
PROVIDING PROVIDING
BASIC OBJECTIVES;
FOR EMPLOYMENT AND SEPARATION;
SALARY ADMINIS-
TRATION; ERIOD; PROVIDING FOR A WAGE LEAVE;
PROBATION P
TSTAILI PROVIDING STANDARDS OF WORK ESTABLISHING ANCE AND A CONDUCT
CONTAINING GENERAL PROVISIONS;
ESTABLISHING WORKING RELATIONSHIPS; CONTAINING A SEXUAL
AND DISCIPLINE PROCEDURE; OF ALL ORDINANCES
CONTAININGHARASSMENT
A DISABILITY ROVIDINGP FORP REPEALOF
SAVINGS CLAUSE,IS
HNCONSMSTE POLICY; CONTAINING A
A
INCONSISTENT HEREWITH;
S F.V ERAEILITY CLAUSE, AND OTHER PROVISIONS RELATING TO THE
SUBJECT.
BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
s for
SECT. That the Personnel Policies and
Procedure
Police
the
employees of the City of Pearland, inapplicable
Department where inconsistent with state legislation and the
Civil Service Rules, as attached hereto and made a part hereof,
aro hereby approved and adopted.
SECTION That said Personnel Policies and
andProcedures
attached hereto as Exhibitincorporated
"A", respectfully,
full in this ordi-
nance for all purposes, as if set forth in
nonce and in this paragraph containing a Table of Contents,
Chapter 1, Basic Objectives; Chapter 2, Definitions; Chapter 3,
Employment & Separation; Chapter 4, Probation Period; Chapter 5,
F age & Salary Administration; Chapter 6, Attendance and Leave;
Chapter 7, Working Relationships; Chapter 8, Conduct and Disci -
line; Chapter 9, General Provisions; Chapter 10, Disability
Benefit; Chapter 11', Sexual Harassment Policy.
SECTION• Repealing Clause. All ordinances in force when
this ordinance becomes effective and which ordinances are incon-
sistent herewith or in conflict with this ordinance are hereby
repealed, insofar as said ordinances are inconsistent or in
conflict with this ordinance; Ordinance No. 266 officially
adopted by the City Council on November 26, 1973, is hereby
specifically repealed.
SECT. Savings Clause. All rights and remedies which
have accrued in favor of the City under ordinances and amendments
thereto shall be and are preserved for the benefit of the City
one the current city employees except that all employees must
declare any compensatory time accumulated under the prior person-
nel policy within thirty (30) days of the effective date of this
ordinance. All accumulated compensatory time not declared shall
not be claimed thereafter.
SECTION 5. Severability Clause. The City Council of the
City of Pearland, Texas, does hereby declare that if any section,
subsection, paragraph, sentence, clause, phrase, word or portion
of this ordinance is declared invalid, or unconstitutional. by a
ccurt of competent jurisdiction, that, in such event it would
have passed and ordained any and all remaining portions of this
ordinance without the inclusion of that portion or portions which
may be so found to be unconstitutional or invalid, and declares
that it intent is to make no portion of this ordinance dependent
upon the validity of any other portion thereof, and that all said
remaining portions shall continue in full force and effect.
SECTION 6. This Ordinance shall become effective on and
after March 4, 1989 and shall continue in effect until
amended and/or repealed, except that Section 6.4 named "Holidays
shall become effective as of October 1, 1989."
PASSED ON FIRST READING by the City Council of the City of
Pearland, Texas, in regular meeting in the City Hall this the
/,j day of
ATTEST:
m�L
KAY K USE, CITY SECRETARY
, 1989.
°nit
THOMAS J. RE
AYOR
PASSED ON SECOND READING by the City Council of the City of
Pearland, Texas,hin/regular meeting in the City Hall this the
v2 /7 day of y�%4,44t4 , 1989.
THOMAS J. REID, MAY
ATTEST:
-4
KAY KR
SE, SE, CITY
EFFECTIVE DATE:
3-4-89
APPROVED AS TO FORM:
ROBERT E. TALTON,
CIIY ATTORNEY
CHAPTER 1
1.1 TITLE. These rules shall be known as the "Personnel Rules
and Regulations of the City of Pearland".
1.2 PURPOSE These Rules and Regulations form the basis for a
comprehensive personnel management system, based on merit principles,
and are designed to promote efficient administration within all City
departments. Fundamental objectives sought to be achieved by these
policies include:
A. Increased efficiency and economy in the service of the City.
B. Equal opportunity for all qualified applicants to enter and
advance in City employment on the basis of demonstrated
merit and fitness as ascertained through fair and practical
methods of selection and promotion without regard to age,
sex, race, color, creed, and national origin.
C. Development of a program of recruitment, advancement, and
tenure which will make City employment attractive as a
career and which will encourage each employee to offer his/
her best services to the City.
D. Establishment of a uniform plan of evaluation and pay, based
upon designated duties and responsibilities for each
position in the service of the City.
E. Promotion of high morale among City employees by providing
good working relationships, uniform personnel policies,
opportunity for advancement and consideration for employee
welfare.
1.3 APPLICABILITY These Rules and Regulations shall become
effective immediately upon ratification by the City Council, and shall
apply to all employees of the City of Pearland, provided that:
A. No part of these Rules shall supersede State legislation or
other rules promulgated by the City of Pearland Civil
Service Commission relating to the regulating of Civil
Service employees in the Police Department.
B. No part of these Rules shall supersede Federal or State
grant regulations relating to employees whose salaries or
wages are funded through any such grant.
C. These Rules shall not apply to contractual employees or to
the Mayor, members of the City Council, persons appointed by
the City Council and members of any Board, Commission or
Committee appointed by the City Council.
Department Heads appointed by the City Manager shall not be
subject to the appointment and dismissal provisions of these
Rules, but shall be subject to all other provisions.
1.4 ORGANIZATION FOR PERSONNEL ADMINISTRATION
A. The City Council
The City Council is the governing and policy -making body of
the City. As such, all personnel rules and regulations and
1
employees' compensation plans are approved and adopted by
the City Council.
B. The City Manager
With the exception of matters and appointments reserved to
the City Council by law or City Charter, general authority
and responsibility for the conduct and administrationof
personnel affairs is vested in the City
Accordingly, the City Manager:
(1) Is responsible for the administration of the City's
personnel program.
(2) Makes and approves all appointments to positions under
his authority. (3) May appoint and delegate authority for the
administration of the City's personnel program. In
most instances, such delegation will be made to the
Personnel Director and any such delegation will be
appropriately documented.
C. Personnel Director
The Personnel Director is in charge of the Personnel
Department. As such, the Personnel Director will in most
instances represent the City Manager in regard to
administration of these Rules and Regulations. Accordingly,
the Personnel Director:
(1) Has access to all personnel employed by the City with
regard to personnel matters or other matters as
designated by the City Manager.
(2) Prepares and recommends to the City Manager such forms
and procedures as may be deemed necessary or desirable
to carry out the City's personnel program.
(3) Maintains the classification plan.
(4) Administers a program of recruitment.
in
(5) ityarManagercandethetCityplan tbe C Council; submitted
l; and
Cadminister the
City
plan after Council approval.
(6) Maintains personnel records.
(7) Develops evaluationndofsthe 1performance ishes dofeall opersonnel r the sinmathe
City service. and development
(8) Develops and establishes training
programs.
(9) Assists in administration of employees' benefits.
(10) Develops and administers a program of employee
communications and labor relations. these Rules and
(11) Assists employees in interpreting
Regulations.
(12) Performs such other duties as may be prescribed by the
City Manager with reference to personnel.
2
D. Department Heads
The Department Heads are responsible for the proper and
effective administration of these Rules and Regulations
within their respective departments. It is their
responsibility to assist in applying the personnel program,
to adhere to its principles and methods, and to place
emphasis on an effective program of employee communications.
In this connection, Department Heads:
(1)
Bring to the attention
personnel changes,
disciplinary actions,
vacancies
of the Personnel Department any
such as changes of status,
changes in job content, and
(2) Coordinate with the Personnel
establishment of new positions, and
and evaluation of such positions.
Furnish information to employees regarding all phases
of personnel program
Maintains knowledge
personnel program.
Select applicants
department, subject
authority.
1.5 AUMMENTS These Rules
the City Council.
3
s.
Department the
assist in the study
and understanding of the entire
for positions within their
to the approval of the appointing
and Regulations may be amended by
CHAPTER 2
DEFINITIONS
CALL BACK means an unscheduled or emergency return to work
outside of normal hours or on a holiday or day off at the request of
the Department Head. It does not mean overtime or holiday work
scheduled in advance.
CLASSIFIED EMPLOYEE means an employee occupying a position in
classifiedthe
Department covered eby1applicable lice
the Firemen's those employees
andPolicemen'sCivil ServiceoAct.
CONTRACT EMPLOYEE means any person that is performing work for
the City under the authority of a specific contract for services that
has been lawfully approved.
DEMOTIQN means an assignment of an employee from
one group to a position in another group having a lower
rate.
a position in
maximum salary
DEPARTMENT means a major functional unit of City Government
created by ordinance, administrative order or Charter of the City.
DEPART INT HEAD means a person appointed by the City Manager and
ratfied departmentpassible tspecifiedhe in they Manager
by the City Charter.
DISMISSAL shall mean the termination of employment with the City
for cause.
EMPLOYEE means any person working in the service of the City of
Pearland.
EXEMg'T EMPLOYEE means an employee who is exempt from the Federal
Wage & Hour Law as it relates to overtime payment.
E'QRMB;R EMPLOYEE means any person whose employment has terminated
with the City for any reason.
MEDIATE FAMILY means husband, wife, son, stepson, daughter,
other, or
sister,lgorer, father, any relative living ein the tsame mhousehold las the remployee.
JUST al, direct or
violation of any parteof1thelor Pers nneltRulesnindirect
and Regulations.
LAYOEE means a separation from the service of the City because
of a shortage of funds or materials, abolishment of a position, or
other reasons beyond the control of an employee and not reflecting
discredit to the employee.
LIDEagF.A_PT-TYsISctbll means one licensed by the Texas State Board
of Medical Examiners.
4
the leave of absence granted to employees
means during a national
Forces ofdraft Unitcall tates duty from civilianonl
entering r Armed
emergency or in response to
components of the Armed Forces.
MOM means one calendar month. to the
means an employee who is subject
�, provision.
designated place for a
Federal Wage & Hour Law as it relates to the overtime
means being available at a
MISALperiod of time. regular
designated P
QV��', means authorized time worked in excess of the
a group of duties and
work week.
����,, 0�,�� 3�1�n�13� means ofcurrent the Department Han
EQUI
S��legallY assigned or delegated
of
respoead
nsibilities requiring the full-time or part-time employment
or City Manager, the
one persoEID.BANTn TON ee who has not been in
RA Y means an employee
months.
in excess of twelve (12)
employ of the City an employee
working Period during whichn by actual
PRO fed PEBL4I2 means a being not
to theemdutteato his/her fitness
suchaa period
is requiredThe work Performance
performance wf duties oflendar months.
lessthon. twelve (12)cthe probation period.
evaluation will be documented following position in
assignment of an employee from a P
)TI K means an assign in another job classification
one .job classification to a position
having a '.nigher maximum salary rate.
used in various personnel
ZEBYI
means the credit it will be either
transactions C for length of service. Generally,
ears (12 month period of service). be
months or Y ecial separation pay, which may sick
shall mean sP
'"xFY��•pnNby the City Council, above normal accrued vacation,
:Long lieu of notice for an employee who has been
authorized
leave, longevity pay in
terminated.
onsible to a superior for
means any person resp
directing thework of others. w
i
all
of dutiesth the City
the temporary reliefiindefinite
•p jj T013 means articular length of time or
forap
based on cause, work
length of time. tired
- These are positions with a required
Thesewor
gE the full-time established work and full
which offer career possibilities
week equal to or exceeding
are. full-time positions
employee benefits.
5
E PART TIME These are positions with a work week
kof
normally less than a full-time work week. Permanent part-time
employees are not entitled to the employee benefits of permanent full-
time employees.
TEMPORARY EMPLOYEE - These are positions filled for a limited
duration. These employees may be either full or part time. Temporary
employees are not entitled to permanent full-time employee benefits as
provided here'Ln.
IBAHSFER means any change of an employee from one position to
another position having the same maximum salary rate.
UNCLASSITIED EMPLOYEE means an employee occupying a position
other than a position covered by the Firemen's and Policemen's Civil
Service Act.
WORLD ' OR WORKING DAY means any one shift during which a
department is open for business or on which an employee is scheduled
to work.
WORK WEFK means a number of hours regularly scheduled to be
worked during any seven (7) consecutive days.
6
CHAPTER 3
EMPLOYMENT & SEPARATION
3.1 RESIDENCE Other qualifications being equal, persons residing
within the corporate limits of the City shall be given preference in
all employment
3.2 ERE -EMPLOYMENT PHYSICAL EXAMINATIONS Before being employed,
each prospective employee shall undergo a medical examination by a
physician designated by the City Manager, the cost to be borne by the
City, and no applicant given a medical examination shall be employed
unless the examining physician certifies that he/she meets the minimum
standards of physical fitness required for his/her position. A
prospective employee must be reexamined if three (3) or more months
intervene between his/her medical examination and the date of his/her
employment.
3.3 ;NSERVICE EXAMINATION The City may require a medical exami-
nation and reevaluation at any time to determine if an employee can
continue to perform his/her job assignment.
3.4 EMPLOYMENT
A. Employees shall be selected on the basis of their
qualification and their physical abilities to perform the
assigned duties. Preference shall be given to former
employees with a good record of service with the City who
have been laid off due to lack of work.
B. Federal law pertaining to "Equal Opportunity" will be
observed.
C. A. person's religious and/or fraternal preference membership
or application shall not be considered in respect to his/her
employment with the City.
3.5 DISQUALIFICATION FOR EMPLOYMENT The Personnel Director will
reject any application which indicates on its face that the applicant
does not possess the minimum qualifications required for the position
or exclude or deny certification to any application for, but not
limited to, the following reasons:
A. Ele or she does not meet the physical and mental requirements
necessary for the performance of the duties of the position
to which he or she seeks appointment.
B. He or she is addicted to the habitual or excessive use of
drugs or intoxicants.
C. He or she has been found guilty of a crime involving moral
turpitude or a felony.
D. He or she has been dismissed from a previous employment for
disciplinary reasons or other good cause.
E. He or she has been dismissed previously from the City
service for good cause or resigned while not in good
standing.
F. He or she has intentionally made false statements in his or
her application.
7
G. He or she is receiving pension benefits under a retirement
plan of the City. An employee that is receiving a pension
from the City, may work either as an individual or as a
member of a firm that is providing services to the City
under a lawfully executed contract.
3.6 =Ram Employees may be transferred between departments or
other units of the city government by the City Manager upon
recommendation of the appropriate Department Head.
3.7 LAY?.Ff Department Heads, with City Manager's approval, shall
lay off employees when necessary due to changes in duties or
organization or lack of work or funds. When possible, employees who
are to be laid off in one department will be integrated into other
departments by transfer, or shall be given first opportunity for
employment as approved by the City Manager.
A. When layoffs are required, they shall be based on several
factors, including length of service with the City and
relative efficiency as demonstrated on the job. Layoff
shall not be considered to be a disciplinary action.
B. Whenever possible, a two -week written notice of layoff shall
be given by the Department Head to the employee, but persons
employed as temporary or part time may be given a statement
at the time they are employed of the date the employment is
expected to end.
3.8 NEPGTIBM City employment is subject to Section 10.08 of the
City Charter pertaining to Nepotism. Personnel application forms must
clearly indicate whether a prospective employee is related to any
other employee in the City and the department in which the employee
works.
3.9
employees
consent of
Department
BT'BMANENT TRANSFER & TERMINATION Permanent transfers of
or terminations of employees shall have the prior written
the City Manager; however, the transfer or termination of a
Head shall be consistent with the City Charter.
8
CHAPTER 4
PROBATION PERIOD
4.1 PROBATIONARY PERIOD Upon initial employment, permanent full-
time and permanent part-time employees will serve a twelve (12) month
probationary period and can be terminated during the probationary
period without the right of appeal. The Probationary Employee is not
eligible for vacation leave benefits during this period. After
completing ninety (90) days of employment, the employee may add
his/her dependents on one of the City of Pearland's group health
insurance plans. Upon the completion of ninety (90) days of
employment, the permanent full-time employee will be added to the
Texas Municipal Retirement System provided by the City. Full-time
permanent employees shall be eligible to receive accrued sick leave
benefits after the completion of ninety (90) days. After completion
of ninety (90) days, new employees shall receive a performance
evaluation and may be eligible for salary increases if the increases
are approved by the City Manager.
Upon the completion of the twelve (12) month probationary period,
the employee must have been evaluated on job performance at least two
times.
4.2 PURPOSE The Department Head shall use the probationary
period to closely observe and evaluate the work of all new employees
and to encourage their effective adjustment to the job and the service
of the City.
4.3 QQNFIRMATION OR TERMINATION One month prior to the end of an
employee's probationary period, the Department Head shall complete a
final probationary performance review. At least two (2) weeks prior
to the end of each employee's probationary period, if action has not
been taken p.reviously, the Department Head shall either terminate the
employee or initiate action to transfer him/her to a permanent status.
The Department Head may request an extension of the probationary
period for a specific amount of time from the City Manager in certain
special cases. No person shall be employed after the expiration of
his/her probationary period unless he/she has been transferred to a
permanent status by the Department Head.
A. A probationary employee may be dismissed at any time without
cause during his/her probationary period. Department Heads
shall retain as permanent employees only those employees who
meet an acceptable level of performance during the
probationary period.
B. When a probationary employee is found to be physically
unfit for performing the duties of the position which he/she
seeks to hold, or is found to be unacceptable for the
requirements of the position, the Department Head shall
recommend termination of his/her employment.
9
CHAPTER 5
WAGE & SALARY ADMINISTRATION
5.1 EMPLOYEES IN TRAINING When it is not possible to obtain an
employee who meets all the qualifications required for a given
position, the Department Head, with the approval of the City Manager,
may select an employee who meets the educational requirements, but
does not meet all the other qualifications, with the understanding
that the employee will undergo a period of training which will prepare
him/her for the job.
5.2 TRANSFER. PROMOTION. OR DEMOTION When an employee in one job
classification is transferred, promoted, or demoted to a position in
another job classification and the current rate of pay is:
A. less than the minimum rate for the new position, it shall be
increased to the new minimum rate;
B. more than the maximum rate for the new position, it shall be
reduced to a point within the salary range of the new
position upon recommendation by the Department Head.
5.3 USE OF JOB TITLES All jobs shall be designated by job titles
on all official records, payrolls and communications. No job shall
carry an official title which has not been approved by the City
Manager as being appropriate to the duties performed.
5.4 REDUOTION IN PAY The City Manager may reduce the pay of any
employee at the request of the appropriate Department Head submitted
to the City Manager in the form of a written statement setting forth
the reasons for the request for the reduction in pay, a copy of which
shall be furnished to the affected employee, and a copy of which shall
be made part of the affected employee's personal history record. No
such reduction shall deprive the affected employee of earned pay
increases at a later date.
5.5 BEEHPLOYMENT A former employee who is reemployed in a
position in which he/she was previously employed shall be paid at a
rate not to exceed the established salary scale at the time of his/her
previous employment.
A. All former employees, if reemployed within six (6) months,
shalL receive all employment benefits of the City on the
date of reemployment.
B. All former employees having been reemployed by the City
after an absence of more than six (6) months and not more
than five (5) years shall, after five (5) years of
continuous full-time employment, receive all employment
benefits of the City as if they had never terminated
employment from the City.
5.6 TEMPORARY OR PART-TIME RATES An employee who works regularly
at less than the established hours of employment for each month may be
paid by the hour or at a salary proportional to the amount of time
worked.
10
The minimum hourly rate for a permanent part-time or temporary
employee shall not be less than the minimum rate as required in the
Fair Labor Standards Act unless the Fair Labor Standards Act does not
subject the permanent part-time or temporary employee to same.
5.7 £ YMENT FOR OVERTIME All employees required to work over-
time shall be paid for all additional time worked to the nearest
quarter-hou.r (1/4). All overtime shall be paid at the rate of time
and one-half (1-1/2) for all work in excess of 'forty (40) hours per
week.
A. Employees called back shall be paid at the rate of time and
one-half (1-1/2) for the time worked, with a minimum of one
(1) hours pay. When called back more than once in the same
twelve (12) hours after closing time or on a regular day
off, they shall be paid for the original one (1) hour and
for all additional time worked on subsequent calls.
B. Employees regularly scheduled "On -Call" shall be paid for
two (2) hours overtime whether called or not. If called,
overtime in excess of two (2) hours shall be paid at the
overtime rate of one and one-half (1-1/2) times the hourly
rate.
C. No payment shall be made for overtime that has not been
certified by a Department Head as necessary. All overtime
requests will be submitted to the payroll department along
with the payroll on that date; otherwise, overtime will not
be paid during that payroll period.
D. AL1 employees are considered to be subject to call back to
work at all times by the appropriate Department Head or
Supervisor to meet a special need of the City. However,
because being subject to call back does not restrict an
employee's off time, the only pay an employee will be
entitled to will be for actual hours worked. Applicable pay
rates and compensatory time rules will apply. An employee
who is not fit for duty may not be compelled to return to
work.
5.8 METHOD OF PAYMENT Pay periods and dates of payment shall be
set by the City Manager. All employees shall be paid for the actual
number of hours worked during each pay period. When absent on
authorized declared or designated holiday, each employee shall be paid
at his/her regular rate of pay for that day or days and such days
shall be counted as actual days worked for the purpose of calculation
of overtime pay in any given pay period.
A. A:L1 employees other than exempt employees shall have the
election to either be paid for approved overtime in cash or
accumulate compensatory time. Unclassified employees may
accumulate compensatory time up to one hundred sixty (160)
hours of actual overtime worked. Classified employees may
accumulate up to three hundred twenty (320) hours of actual
overtime hours worked.
11
All compensatory time must be taken with the approval of the
Department Head. An employee shall take accumulated
compensatory time within forty-five (45) days from the date
of accumulation unless otherwise approved by the Department
Head or City Manager.
B. Employees not covered by the Fair Labor Standards Act or
those employees that are found to be exempt from the
provisions of the act may be allowed compensatory time. The
terms and conditions of said compensatory time shall be
determined by agreement between the City Manager and the
Employee.
C. The Personnel Department shall maintain records of
accumulated and used compensatory time for all classified
and unclassified employees. The Personnel Department shall
maintain appropriate records of agreement for non -covered
and exempt employees.
5.9 SEPARATION PAY All employees who leave the service of the
City for any reason shall receive all pay which may be due them with
the following qualifications:
Permanent full-time employees who have completed more than one
(1) year of continuous service and leave the employment of the City
shall receive pay of all unused vacation time up to the date of
termination, retirement or death. In addition thereto, they shall
receive pay for all unused and accrued sick leave time earned,
prorated from the employee's last anniversary date, but not to exceed
ninety (90) days.
Separation date for all employees shall be the
Separation pay received by an employee shall not
extend his/her employment with the City beyond the
work. For this purpose, sick leave, vacation leave,
shall not be construed to be actual days worked.
last
be
last
and
day of work.
construed to
day of actual
holiday leave
Any permanent full-time employee who shall resign in good
standing and who shall be paid accrued sick leave, accrued vacation
pay time, or accrued longevity time, as provided for herein, shall not
be reinstatedor reemployed by the City unless said employee shall
have reimbursed or repaid to the City all of the said amounts paid to
him/her upon his/her original separation. If an employee is rein-
stated or reemployed after an absence of six (6) months, the amounts
paid to him/her as accrued sick leave, accrued vacation, or accrued
longevity shall not be reimbursed.
5.10 LONGEVITY PAY All permanent full-time employees, in
addition to their base salary, shall accrue monthly longevity pay
computed for each full year of actual continuous service with the
City, provided that no such longevity pay shall accrue prior to the
completion of one year of actual employment with the City. In
computing such actual continuous service, time spent on authorized
12
absence on military leave for service with the Armed Forces of the
United States shall be included, but any other period of time which
the employee is out of the service of the City or absent with leave in
excess of two months shall not be counted. Longevity pay shall be
paid once annually at a time determined by the City. An employee who
leaves the service of the City shall be deemed to have only accrued
longevity pay at the rate of four ($4.00) dollars per month for each
month of employment since the last date that the City paid longevity
pay to all employees. An employee who leaves the service of the City
during any calendar month must work through the fifteenth day of such
,month to earn longevity pay for that month.
5.11 MNERIT INCREASES Unclassified full-time permanent employees
may be eligible for merit increases based on performance. Annually,
during the budget process, Department Heads shall submit to the City
Manager their recommendations for merit increases for employees under
their supervision. Department Head's recommendations shall be based
on performance appraisals which are conducted on a periodic basis.
If budgeted funds are available, merit increases will be approved
at the sole discretion of the City Manager. If the City Manager
grants a merit increase to an employee, that employee will be
increased one step within their existing pay grade.
5.12 Q)TSIDE EMPLOYMENT A regular full-time employee must notify
and receive approval in writing from the Department Head or the City
Manager before securing an outside job in addition to his/her regular
job with the City.
5.13 EWCATIONAL ASSISTANCE
A. Policy
Through its Educational Assistance Policy, the City is able
to provide financial assistance to employees who take the
initiative in their self -development to complete courses of
study directly related to maintaining or improving skills
required of them in their jobs with the City.
Such education must also be clearly beneficial to the City.
There must be evidence that the employee can use the
training and his/her performance will benefit from it.
There must be more than a reasonable expectation that the
employee will be able to carry the load of selected courses
of study without imparing his/her performance of regular
duties with the City.
Such educational courses must be taken on the employee's own
time, unless otherwise approved by the City Manager upon
recommendation of the Department Head and the Personnel
Department.
Application for a specific course study must be made to the
Department Head and the Personnel Department prior to
enrollment.
13
Courses taken only at accredited colleges and universities
willbe recognized. However, correspondence -type
instruction may be approved if comparable classroom -type
instruction is not available and then only where the
institution provides a satisfactory standard of education.
The employee must receive full credit for the course of
study applied for and maintain a grade average of "C" or
better.
B. Eligibility
Only permanent full-time employees are eligible. Employees
on leave are not eligible. A probationary employee who
becomes a permanent employee may seek educational assistance
on courses begun during probationary status. In such
instances, approval of the City Manager is required.
C. City Participation
The employee must pay all initial tuition, fees, and other
costs. Following successful completion of the course or
appropriate unit thereof, and only if all other requirements
of this policy are met, the City will refund to the employee
the total of all tuition and fees required in connection
with the course of study so taken, after deduction for
payments received from an institutional or other
governmental source.
14
CHAPTER 6
ATTENDANCE AND LEAVE
6.1 HOURS OF WQEK The hours during which City offices and
departments shall be open for business shall be determined by the City
Manager and ratified by the City Council.
6.2 ATTENDANCE Employees shall be at their places of work in
accordance with these rules and general or departmental regulations.
All departments shall maintain daily attendance records of employees.
6.3 QYFRTTMF Employees shall work overtime when necessary.
Overtime sh.all be allocated as evenly as possible among all employees
qualified to do the work. Payment shall be as provided in Chapter 5,
Section 5.7, Payment of Overtime. Departments shall keep complete
records of overtime and shall furnish periodic reports to the City
Manager. Supervisors shall seek qualified volunteer personnel to work
overtime. However, when volunteers are not available, the supervisor
shall have the authority to direct specific employees to work
overtime, provided prior commitments are considered.
6.4 HQLIDAYS The following holidays shall be declared official
observed City holidays for unclassified employees. If the holiday
falls on Saturday, it will be observed on the preceding Friday; and if
it falls on Sunday, it will be held on the following Monday.
New Year's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Holiday
Christmas Day
Designated Holidays (2)
January 1
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
and the following Friday
December 25
Two days, to be determined
individually by each employee
with approval of the Super-
visor and Department Head
A. Any unclassified permanent full-time employee who is
required to work on a City observed holiday shall be paid at
one and one-half (1-1/2) times the employee's base pay for
the actual time worked. No other compensation shall be
allowed for working on a City -observed holiday.
B. Classified full-time permanent employees shall be entitled
to take a total of ten (10) designated holidays in lieu of
the declared observed and designated holidays given to
unclassified employees. With approval of the City Manager,
certain unclassified employees may be granted additional
designated holidays in lieu of declared holidays when the
nature of their work indicates that it would be in the best
interest of the City and the employee. If a classified or
unclassified employee schedules a designated holiday in
15
advance with the appropriate approval of the Supervisor and
Department Head and is later required to work on his/her
designated holiday, then the same rules as in (A) above
shall apply and any such change will be properly documented
for payroll purposes. The Department Head and Supervisors
shall schedule classified employee's designated holidays,
giving due consideration to the needs of the City and the
ability of the remaining staff to perform the work of the
department or division.
C. When a City -observed holiday and an unclassified employee's
regularly schedule day off occurs on the same day, the
employee shall be entitled to an alternate day off within a
reasonable period of time.
D. Temporary employees and part-time permanent employees shall
be paid their regular rates on an observed City holiday if
required to work, and shall not qualify for any other
benefits related to holidays mentioned herein. Holiday work
must be specifically authorized by the employee's Department
Head.
E. A full-time unclassified or classified employee who is
absent without authorized leave on the day immediately
preceding or following a holiday shall lose pay for the
holiday as well as the day of absence without Leave.
F. When the City Council declares a special observed holiday,
it shall be observed as provided herein and the same rules
shall apply as for a regular observed City holiday for all
unclassified employees. Such special holidays, if declared
by City Council, shall be handled as administrative leave or
the appropriate amount of time shall be added to the
designated holidays for classified employees.
G An unclassified employee wishing to observe a national or
religious holiday not listed hereinabove shall use his/her
designated holiday privileges to observe such holiday, or
charge the absence to any available vacation time accrued by
the employee.
H. Designated holidays accrue at the beginning of each fiscal
year and must be taken by the employee prior to the end of
such fiscal year, or time is lost without compensation.
I. No employee shall take a designated holiday during the first
three (3) months of employment with the City.
J. A designated holiday may not be taken in fragments or
increments of less than eight (8) hours.
K. Both observed holidays and designated holidays shall be
counted as actual days worked within a pay period for
overtime calculations.
16
6.5 VACATIONS All permanent full-time employees shall be
entitled to a vacation period based on the length of service with the
City and with vacation paid at the employee's regular pay rate. An
employee is not entitled to vacation time until after the end of the
first year of continuous full-time employment.
A. Permanent full-time employees shall accrue vacations as
follows:
Anniversary to Anniversary Vacation
1st year 15th year 120 hours
16th year 19th year 160 hours
20th year To Separation 200 hours
B. Upon written request approved by the City Manager, an
employee with five (5) or more years of service with the
City may carry over up to one (1) week (40 hours) of
vacation time to the following year, in order to take up to
four (4) weeks together in the following year. Vacation
time not taken within the appropriate twelve-month period
shall be lost without compensation.
C. Department Heads and Supervisors shall schedule employee's
vacations, giving due consideration to the needs of the City
and the ability of the remaining staff to perform the work
of the department or division.
D. Temporary employees and part-time permanent employees shall
not earn vacation nor be entitled to vacation pay upon
separation.
E. Vacation time may not be taken in periods of less than one-
half (1/2) of a full day.
F. Upon returning to duty, an employee shall sign a
certification of vacation confirming the number of days
he/she was absent on vacation.
6.6 aux LEAVE
A. All permanent full-time employees shall be entitled to
accumulate up to fifteen (15) work days sick leave each
year. Sick leave shall be earned at the rate of one and
one -quarter (1-1/4) days per month. Accumulated sick leave
is the difference between sick leave earned and sick leave
taken.
B. The maximum amount of sick leave that may be carried from
year to year by full-time permanent unclassified employees
is ninety (90) days. There is no limit to the amount of
accumulated sick leave that classified full-time permanent
employees may carry over from year to year. Unclassified
full-time permanent employees must exchange accumulated sick
days in excess of ninety (90) days for either additional
17
vacation days or pay at the rate of three (3) sick leave
days to one (1) day of vacation or one (1) day of pay.
Classified full-time permanent employees shall be permitted
to exchange accumulated sick days in excess of ninety (90)
days for either additional vacation days or pay at the same
rates as stated above. Affected employees must file
appropriate forms with the Director of Personnel indicating
their preference for either vacation or pay in October of
each year. The City of Pearland will arrange for the proper
vacation credits or payments to be made.
C. When an employee has exhausted all of his earned sick leave,
the employee may elect to have earned vacation time used as
sick leave. When absence due to illness exceeds the amount
of sick leave and vacation time, pay shall be discontinued
until the employee returns to work.
D. Sick leave may be allowed in case of personal illness or
physical incapacity of an employee. On-the-job injury shall
be subject to the provisions of the Texas Worker's
Compensation Law.
E. To receive paid sick leave, an employee shall communicate
with his/her immediate Supervisor or Department Head as soon
as possible and, in no event, call later than one (1) hour
after the time set for him/her to begin work.
F. Upon returning to work after a period of sick leave, the
employee shall sign a certificate confirming the number of
hours he/she was sick. Verification of illness by a doctor
shall be required for all illness exceeding three (3)
consecutive work days. Verification shall be provided to
the Personnel Department the day the employee returns to
work. Failure to provide verification will result in a
payroll deduction for the time missed.
G. Employee absence due to illness in the immediate family,
doctor's appointment, out -patient treatment and other
similar absences will be charged as sick leave. Leaves
exceeding two (2) consecutive work days shall be subject to
the same conditions as F. above.
H. Accrued sick leave, not exceeding ninety (90) days for
unclassified employees, shall be paid at time of termination
of employment.
I. No employee shall be allowed to return to work until he/she
is physically able to perform the ordinary tasks required of
the employee in his/her position. "Light Duty" assignments
will not be made. In any case where an employee's physician
releases him/her for "Light Duty", the same will be inter-
preted to mean that the employee is unable to return to work.
J. Once an employee's scheduled vacation period has started,
the employee will be allowed no sick leave for the duration
18
of the scheduled vacation period. The City Manager may
grant exceptions in unusual cases such as an injury.
Likewise, once an employee's scheduled designated holiday
has started, the employee will not be allowed to substitute
sick leave.
6.7 ABUSE OF SICK LEAVE, Employees who consistently use their
sick leave (i.e. means that an employee takes a sick day on a periodic
basis) or fail to accumulate sick leave (means an employee that has
accumulated less than fifty percent (50%) of his/her potential sick
leave for a given period of employment without having experienced
major verifiable illnesses or injuries) can be required to submit a
doctor's statement in support of each and every illness for a
specified period of time. Failure to present same, if required, shall
be cause for disciplinary action. Any employee who habitually abuses
or misuses sick leave, as defined above, shall be disciplined
appropriately. Repeated violations shall merit termination of the
employee.
6.8 EMERGENCY LEAVE All permanent full-time employees may be
granted emergency leave with pay for a period not to exceed three (3)
days in case of death in their immediate family. This leave shall not
be charged against sick leave or vacation. Temporary employees or
part-time employees may be granted leave of absence without pay in
such cases.
6.9 WORKER'S COMPENSATION/INJURY LEAVE An employee, other than
a part-time employee, injured on the job shall be granted leave ,not
charged against sick leave or vacation to extend for such time as a
physician shall certify that the injured employee is unable to return
to work, but in no event to extend beyond two (2) months. Worker's
Compensation Insurance benefits paid directly to an employee, during
such injury leave, shall be deducted from the employee's regular
paycheck. After expiration of the two -month period, the injured
employee shall receive Worker's Compensation benefits only.
A. Injuries not sustained in the general scope of employment,
non -work related injuries, and injuries caused by willful
intent of the employees shall not be covered under Worker's
Compensation.
B. An employee who has no sick leave or vacation accrued and
whose two -month injury leave has been exhausted, but who is
not yet able to return to work, may apply to the City
Manager for a leave of absence without pay for a reasonable
time. Depending on the nature of the job and the need of
the City to fill the position, the same may be granted or
denied. An employee on such leave shall continue to earn
vacation credits and sick leave credits at the regular rate
for up to two (2) months. However, sick leave, vacation and
longevity will not accrue during such leave of absence in
excess of two months. During the period of injury leave, a
Department Head may be granted permission by the City
Manager to hire a temporary employee to fill the position.
19
C. An employee must report any on-the-job injury, however
minor, within twenty-four (24) hours to his/her immediate
supervisor. The supervisor shall immediately notify the
Personnel Department who will arrange for such treatment as
may be necessary for the employee. The employee shall take
the treatment prescribed. In the event that an injury does
not manifest itself within twenty-four (24) hours, the
employee shall report the injury to the Department Head.
The Department Head shall follow the same procedure as
outlined above.
D. Whenan employee is injured on the job, the Supervisor shall
immediately report the accident to the Department Head and
the Director of Personnel giving all pertinent facts so that
the appropriate Worker's Compensation documents may be
submitted. Where an accident causes serious bodily injury
or death, the Director of Personnel shall notify the City
Manager immediately.
E. No employee shall be allowed to return to work until he/she
is physically able to perform the ordinary task required of
the employee in his/her position. "Light Duty" assignments
will not be made. In any case where an employee's physician
releases him/her for "Light Duty", the same will be
interpreted to mean that the employee is unable to return to
work.
F. If any employee or his/her beneficiary should recover a
judgment against the City for damages for injuries received
while on duty or death ensuing from such injuries, the City
may be entitled to offset against the damages awarded by
such judgment, (1) the benefits paid for such injury or
death under any insurance provided or paid by the City for
its employees, and (2) the amount of money in salaries paid
suchemployee while on injury leave granted because of
injuries of which the judgment was rendered.
G. The City of Pearland having adopted Worker's Compensation as
provided by law, then, in addition to its right of subroga-
tions under the provisions of Section 6A, Article 8307,
Vernon's Annotated Civil Statutes of Texas, the City shall
also be subrogated to the rights of an injured employee or
his/her beneficiary as against a third party to the extent
of the salary paid such employee during injury leave granted
because of injuries received while on duty.
H. The provisions of the Charter of the City of Pearland
requiring the giving of notice of claim to the City shall be
complied with before the City shall be liable on any claims
for damages, and neither the filing of any accident report,
the continued employment of an employee, nor the granting of
20
any injury leave shall ever constitute a waiver of such
notice of claim requirement, nor stop the City from
requiring strict compliance with such provision.
6.10 HPECIAL LEAVE WITH PAY Department Heads, with approval of
the City Manager, may grant employees special leave with pay and
actual or partial expenses to attend professional conferences,
conventions or short schools, or to visit other cities in the interest
of the City, as authorized by the City Manager. Such employees shall
properly complete an expense allowance form as prescribed by the City.
6.11 LEAVE OF ABSENCE Department Heads, with the approval of the
City Manager, may grant leaves of absence, without pay or other
benefits, to permanent full-time employees. Employees must request
leave of absence in writing. No leave of absence may be granted
before the employee has completed the required probationary employment
period.
6.12 MJILITARY LEAVE Military leave shall be of two types:
A. Short Tour - Employees who are ordered by appropriate
military authorities to short tours of military duty not to
exceed ten (10) work days annually shall be paid their
regular pay while on such leave. Where such tours of duty
exceed ten (10) days, an employee shall receive his/her
regular pay for ten (10) days and be granted leave of
absence without pay for the excess time above ten (10) days.
B. Indefinite Tour - Full-time permanent employees with more
than six (6) months service who volunteer for military
service during a national emergency, or who are called to
service by appropriate military authorities at any time,
shall be granted military leave of absence without pay.
Full-time permanent employees on indefinite military leave
who do not accept reappointment with the City in their same
or comparable job within ninety (90) days from the date of
their release from active duty shall be deemed to have
resigned from the City.
6.13 LEAVE FOR MILITARY PHYSICAL EXAMINATION Employees who may
be, (1) ordered by their Selective Service Board to appear for
physical examination prior to possible induction into the Armed
Forces, or (2) required to report for periodic physical examinations
to determine their disability status, shall be given required time
with pay, up to two (2) days, upon presentation of written proof of
such examination.
6.14 EFFECT OF LEAVE When any leave of absence is in effect, as
provided in Section 6.11 or 6.12 hereof, service credit for all
employment privileges shall cease until active employment is resumed.
6.15 FAILURE TQ RETURN AFTER LEAVE In the absence of reasonable
excuse and notice to his/her Department Head, an employee who fails to
return to work at the time specified in his/her application for leave
21
shall be considered to have resigned effective the date he/she should
have returned.
6.16 ABSENCE WITHOUT LEAVE No employee may absence himself/her-
self from duty without permission of his/her immediate Supervisor.
Absence without leave shall be sufficient cause for a respective
Department Head to recommend termination of that employee by the City
Manager. Any employee absent for three (3) days without notice shall
be considered to have resigned as of his/her last day of active work.
6.17 RESIGNATION To resign in good standing, an employee shall
submit written notice of resignation to the employee's Department Head
at least two (2) weeks prior to the effective date of resignation.
After approval by the Department Head, the resignation shall be
forwarded to the Personnel Director with a final evaluation of
performance. The City Manager shall have the authority, in
exceptional cases, to waive the two week requirement for submission of
resignation by an employee and allow the employee to resign in good
standing with notice less than two weeks in advance of resignation.
6.18 CIVIC DUTIES No deduction shall be made from an employee's
wages or salaries due to absence from work because of service as a
juror or as required by court subpoena, excluding personal matters.
All employees entitled to vote at national, state, county or municipal
elections shall, when necessary, be allowed sufficient time off with
pay to exercise this privilege.
22
CHAPTER 7
WORKING RELATIONSHIPS
7.1 PERFORMANCE STANDARDS It shall be the duty of each employee
to maintain high standards of cooperation, efficiency, and economy in
his/her work for the City. Department Heads shall organize and direct
the work of their department to achieve these objectives.
A. When work habits, attitude, production, or personal conduct
of an employee falls below a desirable standard, Supervisors
should point out the deficiencies at the time they are
observed. Warning in sufficient time for improvement should
precede formal discipline, but nothing in this section shall
prevent immediate formal action whenever the interest of the
City requires it. When it is necessary for a Supervisor to
warn an employee, a written warning report, as provided by
the Personnel Department, shall be filled out on the
employee. A copy of the warning report shall be filled out
and given to the employee, a copy to the City Manager, a
copy to the Department Head, and a copy to the Personnel
Department. Employees will be requested to sign warning
reports; however, by signing the warning report, the
employee is not stating that he/she agrees with the report,
merely that he/she has received a copy of the report and
understands it. On any warning report, the employee shall
have the right to enter his/her version of the matter on the
warning report. Copies shall become a part of the
employee's personnel file. If an employee refuses to sign
the written warning report, the notation "Refused to Sign"
will be placed thereon by the person presenting the warning,
and the signature of a third party witness shall be
included.
B. Refusal of an employee to obey the direct order of his/her
Supervisor or Department Head shall be deemed to be
insubordination and grounds for recommendation to the City
Manager that he/she be terminated unless such order or
assignment shall be in conflict with recognized safety
policies, or there is apparent unjustified danger to the
employee.
C. Department Heads will conduct performance appraisals on each
employee at least on an annual basis. The purpose of
conducting performance appraisals shall be to ensure that an
adequate communications -link exist between employee and City
Administration. As such, performance appraisals may be used
to guide training, as a basis for discipline, as outlined in
7.1A above, or for validation of merit pay request.
Department performance appraisal forms must be approved by
the City Manager or Personnel Director.
7.2 12EF,,$US CODE The City of Pearland has the responsibility of
keeping its premises in good repair and neat in appearance; similarly,
the employee has such a responsibility insofar as his/her own person
23
is concerned. Neat appearance and care in personal grooming and
hygiene are invaluable assets in any public position, and a high
standard, therefore, is required of all City employees. Specifically,
the overall dress code involves the following:
A. Attire must at all times be such as is generally deemed
appropriate for the nature of the position held and the
duties performed.
B. In addition to suitability of dress, an overall neat well -
kept appearance includes attention to personal hygiene --
cleanliness of hair, mouth, and body.
7.3 PHYSICAL FITNESS It shall be the responsibility of each
employee to maintain the standards of physical fitness required for
performing his/her job. When a Department Head suspects that the
physical condition of an employee constitutes a hazard to persons or
property he/she may require the employee to submit to a medical
examination by a physician approved by the Personnel Department. The
employee shall be paid for the time required for such examination
which shall be conducted without expense to the employee, and shall be
for the sole purpose of determining his/her physical condition
relative to City employment. Employees who take examinations required
by a Department Head shall be paid for such time off. If an employee
is unable to perform the assigned duties, he/she shall be relieved of
duties until such time as he/she is certified by a licensed physician
that he/she may return to full duty. In case of continuous or long-
term physical incapacity, an employee may be retired in accordance
with rules and regulations established by the Texas Municipal
Retirement System, or he/she may be transferred to a less demanding
job classification if qualified.
7.4 SAL HEALTH It is the responsibility of each employee to
maintain the standard of physical fitness required for performing
his/her job. With the approval of the City Manager, a Department
Head/Supervisor may require a current employee to undergo a medical or
other appropriate examination to determine fitness for continued
employment, for promotion, or for other personnel action.
7.5 CODE OF ETHICS All City of Pearland employees are required
to maintain the highest ethical standards of conduct in their position
or office. Employees of municipalities are the "Goodwill Ambassadors"
of their city, and such status involves an extraordinarily high degree
of duty and obligation regarding public and private conduct. The
attitudes and deportment of City of Pearland employees should at all
times be such as to promote the goodwill and favorable attitude of the
public toward the City Administration and its programs and policies.
7.6 NEWS MEDIA RELATIONS Information concerning personnel
actions, new programs, critical problem areas, budgetary matters, and
any item suggesting a departure from normal operations must be cleared
and approved for release by the City Manager. Information concerning
regular operations must be cleared, approved, and released by the
appropriate Department Head.
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Any questions as to the propriety of releasing certain
information shall be forwarded to the City Manager for his/her review
and determination.
It is the collective responsibility of the Department Heads to
support the City Manager in the enforcement of this policy, and each
is responsible for its enforcement within his/her own department.
Failure of the Department Head or employee to obtain proper clearance
is a violation of the Personnel Rules and Regulations.
7.7 POLITICAL ACTIVITY All unclassified employees shall refrain
from using their influence publicly and directly in any way for, or
against, any candidate for elective office of the Pearland City
Government. All classified employees shall refrain, while in uniform
or on duty, from using their influence publicly and directly in any
way for, or against, any candidate for elective office of the Pearland
City Government. No employee of the City shall be required to
participate in any City election in behalf of any candidate for City
office, nor shall any City equipment be used by or in behalf of any
political candidate.
7.8 DEMOTIONS
A. An employee may be demoted by the City Manager upon
recommendation of his/her Department Head for just cause in
the interest of good discipline. Demotion will be
accompanied by a reduction of his/her pay into the pay group
of the position he/she is assigned. An employee who is so
demoted shall be given written notice by his/her Department
Head or Supervisor of the reason for the action as well as
the effective date thereof.
B. An employee may request or accept voluntary demotion when
assignment to a less difficult or to a less responsible job
classification would be to his/her advantage and not
prejudicial to the interest of the City.
7.9 SUSPENSIONS In the interest of good discipline, the Depart-
ment Head may, for just cause, suspend an employee without pay for any
length of time up to thirty (30) work days in any single twelve-month
period. An employee who is suspended shall be given written notice of
the reasons for the action and afforded an opportunity to respond to
the charges against him/her, which response shall be in writing and
included with the notice of suspension in the employee's personnel
history record.
7.10 PERSONAL COMPLAINT PROCEDURE
A. Purpose
It shall be the policy of the City of Pearland to give
employees an opportunity to discuss their grievances in
order to find mutually satisfactory solutions where possible,
as rapidly as possible. Every non -elected City employee
shall have the right to appeal any decision or circumstance
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considered by the employee to be detrimental to his/her
employment. Such appeals will follow the format set out in
the established grievance procedures as set forth herein.
B. Grounds
Grounds for complaints and grievances may include the
following:
1. Any decision directly affecting the employee's status,
pay or employment;
2. A situation considered by the employee to adversely
affect his/her conditions of employment; and/or
3. Failure to give "due process."
C. Time Limit
A State of Grievance must be filed within thirty (30)
working days after the effective date of the matter the
employee is appealing.
D. Procedure
1. First, the employee shall address the matter with the
Department Head, who shall attempt to resolve the
matter within the department. The Department Head
shall submit a copy of his/her decision to the
Personnel Department for the record within five (5)
working days.
2. If no solution is available within the department, or
if the Department Head arrives at a solution not
acceptable to the employee, the employee may invoke
his/her right of appeal to an Appeals Committee by
making that request in writing to the City Manager
within ten (10) working days after receipt of the
decision of the Department Head.
3. Once notified by the employee, the City Manager shall
appoint the three -person Appeals Committee within three
(3) working days, taking care to ensure that a
representative cross-section of employee community is
selected. The Committee shall consist of the
following: one department or division head, one
supervisory employee, and one non -supervisory employee.
4. The employee shall state the nature of his/her appeal
in writing for submission to the Appeals Committee.
5. The Appeals Committee shall set a time for hearing
within ten (10) working days and give notice to all
interested parties. The hearing shall be conducted
informally, without regard to rules of evidence, with a
26
view to arriving at a fair settlement of the pending
matter. The. Director of Personnel shall attend all
meetings of the Appeals Committee in an advisory
capacity only. The Appeals Committee may request the
attendance of the City Attorney at their meetings or
they may request specific legal opinions from the City
Attorney. The employee may represent himself/herself
or be represented by any person of his/her choosing.
6. The Appeals Committee shall submit its recommendations
and findings to the City Manager in writing within ten
(10) working days of the date of the end of the hearing
with a copy to the employee, Personnel Dept. and the
City Manager. The City Manager shall then make a final
determination upon the matter. The City Manager's
decision shall be final. A copy of the City Manager's
ruling will be given to the affected employee and to
the Personnel Dept. The ruling will become a part of
the employee's permanent personnel file.
7.11 DISMISSAL
A. A Department Head may dismiss any employee at any time for
just cause, after careful and factual consideration. A
permanent full-time employee shall be given two (2) weeks
written notice before dismissal specifying the effective
date of and reason(s) for dismissal, or, at the discretion
of the Department Head, the employee may be given written
notice of dismissal specifying reason(s) therefore and pay
the employee two (2) weeks pay in lieu of notice.
B. Where the reason for dismissal is any of the following, the
employee shall receive no separation pay, nor shall he/she
receive pay in lieu of notice:
(1) The commission of an offense involving moral turpitude
or a felony;
(2) Drinking intoxicants while on duty;
(3) Ingesting any controlled substance while on duty,
without prior prescription by licensed physician for
the same;
(4) Being under the influence of any controlled substance
while on duty;
(5) Possession of any controlled substance while on duty or
while operating any City -owned vehicle or riding as a
passenger therein.
C. A copy of the notice of dismissal shall be maintained in the
employee's personnel history record.
D. A dismissed employee who wishes to appeal his/her dismissal
shall submit a written request for hearing to the City
Manager within fifteen (15) calendar days after receiving
notice of dismissal. The City Manager shall arrange a
meeting with the dismissed employee to hear any statements
27
or comments that the dismissed employee wishes to make. The
City Manager shall render a decision within ten (10) working
days and the City Manager's determination shall be final.
E. Any employee who does not appeal his/her dismissal in
writing within the specified time shall be deemed to have
waived any right of appeal.
7.12 TERMINATIONS Terminations are to be treated in a confident-
ial, professional manner by all concerned. The Department Head/Super-
visor and the Personnel Director must assure thorough, consistent and
evenhanded termination procedures. This policy and its administration
will be implemented in accordance with the City of Pearland's equal
opportunity statement.
Employment with the City is normally terminated through one
the following actions:
(1) Resignation - voluntary termination by the employee;
(2) Dismissal - involuntary termination for substandard perfor-
mance or misconduct; or
(3) Layoff - termination due to reduction of the work force or
elimination of a position.
(4) Retirement
(5) Death
of
A. Resignation
An employee desiring to terminate employment, regardless of
employee classification, is expected to give as much advance
written notice as possible. Ten (10) working days is gener-
ally considered to be sufficient notice time.
An employee will be considered to have automatically
resigned if he/she:
B.
Is absent from work for three (3) consecutive days and
fails to notify his/her immediate Supervisor in advance;
Fails to return from a vacation within three (3)
consecutive working days;
Fails to return from a leave of absence or an extension
of his/her leave of absence within three (3) consecu-
tive working days.
Dismissal
(1) Substandard Performance. An employee may be discharged
if his/her performance is unacceptable. The Department
Head/Supervisor shall have counseled the employee
concerning performance deficiencies, provided direction
for improvement, and warned the employee of possible
termination if performance did not improve within a
defined period of time. The Department Head/Supervisor
is expected to be alert to any underlying reasons for
performance deficiencies, such as personal problems or
28
alcoholism. In order to ensure adherence to Federal
and State labor laws, the Department Head must concur
with the Personnel Director in advance of advising the
employee of impending discharge action. Documentation
to be prepared by the Department Head/Supervisor shall
include: reason for separation, performance history,
corrective efforts taken, alternatives explored, and
any additional pertinent information.
(2) Misconduct. An employee found to be engaged in
activities such as, but not limited to, theft of City
property, gross insubordination, conflict of interest,
or any other activities showing willful disregard of
City interest or policies, will be terminated as soon
as the Department Head/Supervisor and Personnel
Director have concurred regarding the action.
Termination resulting from misconduct shall be entered
into the employee's personnel file. The employee shall
be provided with a written summary of the reason for
termination. No salary continuance or severance pay
will be allowed.
C. Layoff.
When a reduction in force is necessary or if one or more
positions are eliminated, employees will be identified for
layoff after evaluating the following factors:
(1) City work requirements;
(2) Employee's abilities, experience and skill;
(3) Employee's potential for reassignment within the
organization;
(4) Length of service; and
(5) Budgetary constraints.
The Department Head/Supervisor will personally notify
employees of a layoff, such notice to be given at least two
weeks in advance of termination date. After explaining the
layoff procedure, the employee will be given a letter
describing the conditions of the layoff, such as the effect
the layoff will have on his/her anniversary date at time of
reemployment; the procedure to be followed if time off to
seek other employment is granted; and the City's role in
assisting employees to find other work.
D. Termination Processing Procedures.
(1) The Department Head/Supervisor must immediately notify
the Personnel Director of the termination so that a
termination checklist can be initiated. The Personnel
Director will direct and coordinate the termination
procedure;
(2) On the final day of employment, the Department
Head/Supervisor must receive from the employee all City
29
property which has been issued to him/her during the
course of the employment, such as uniforms, boots,
gloves, raincoats, goggles and other special equipment
(keys, etc.). The Department Head/Supervisor shall
provide the employee with an approved checklist,
indicating the return of each item, for presentation to
the Personnel Director at the exit interview.
(3) All outstanding advances charged to the terminating
employee, in addition to any charges for unreturned
City property, will be deducted from the final paycheck
by the Finance Department.
(4) The Personnel Director shall conduct an exit interview
with the employee. THE EMPLOYEE HAS THE RESPONSIBILITY
TO SEE THE PERSONNEL DIRECTOR FOR AN EXIT INTERVIEW AND
THE DISPOSITION OF HIS/HER LAST PAYCHECK.
(5) The employee may pick up his/her final payroll check
from the Personnel Department on the first payday
following the termination date, except in the
circumstance of a dismissal, in which case the
employee's payroll check will be available at the time
of the exit interview. The final check shall include
all earned pay and any expenses due the employee. THE
CITY OF PEARLAND RESERVES THE RIGHT TO WITHHOLD THE
LAST PAYCHECK UNTIL THE EMPLOYEE HAS COMPLETED THE EXIT
INTERVIEW.
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CHAPTER 8
CONDUCT AND DISCIPLINE
8.1 Any employee who violates any of the policies set out in
this manual or any subsequent amendments shall be dealt with promptly
and in accordance with these Rules and Regulations.
8.2 All employees are expected to report to work on time and to
be diligent in performance of their assignments.
8.3 All employees shall maintain a high level of personal
conduct both on and off the job.
8.4 All employees shall exercise the utmost care in the use of
City property.
8.5 All employees shall render courteous treatment to the
public.
8.6 No employee shall use his/her official position to secure
special privileges or exemptions for himself/herself or others.
8.7 No employee shall disclose information that could adversly
affect the property, government or affairs of the City, nor directly
or indirectly use any information gained by reason of his/her official
position of employment for his/her own personal gain or benefit or for
the private interest of others.
8.8 No employee shall grant any special consideration, treatment
or advantage to any citizen, individual or group beyond that which is
available to every other citizen.
8.9 No employee shall transact any business on behalf of the
City in his/her official capacity with any business entity with which
he/she is an officer, agent or member or in which he/she owns a
substantial interest. In the event that such a circumstance should
arise, then he/she shall make known his/her interest and, in the case
of an officer, abstain from voting on the matter or, in the case of an
employee, turn the matter over to his/her superior for reassignment,
stating the reasons for doing so and having nothing further to do with
the matter involved.
8.10 No employee shall engage in any outside activities which
will conflict with or will be incompatible with the duties assigned
him/her in the employment of the City, or reflect discredit upon the
City, or in which his/her employment in the City will give him/her an
advantage over others engaged in a similar business, vocation or
activity.
8.11 No employee shall accept other employment or engage in
outside activities incompatible with the full and proper discharge of
his/her duties and responsibilities with the City of Pearland which
might impair his/her public duty.
31
8.12 No employee shall knowingly perform or refuse to perform any
act to deliberately thwart the execution of the City ordinances, rules
or regulations, or the achievement of official City programs.
8.13 No employee shall engage in any dishonest or criminal act or
any other conduct prejudicial to the government of the City of
Pearland or that reflects discredit upon the government of the City of
Pearland.
8.14 No employee shall use City supplies or equipment for any
other purpose other than the conduct of official City business.
8.15 No employee shall speak, act, or represent his/her personal
view in a manner that implies that he/she represents the City as an
official spokesperson without the prior approval of the City Manager.
8.16 Any employee who receives two (2) moving traffic violations
or one (1) at -fault accident within a period of three (3) years while
operating a City -owned vehicle shall be subject to disciplinary
action.
8.17 An employee shall be truthful at all times in his/her
dealings with fellow employees or citizens.
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9.1 PERSONAL RECORDS
not considered public reco
authorized representative
permitted to review the re
CHAPTER 9
GENERAL PROVISIONS
Personal history records of employees are
rds. Only the employee concerned, his/her
and the proper City official shall be
cords.
9.2 CONFIDENTIALITY OF CITY INFORMATION As City employees work-
ing with public funds, it is essential that all information be
considered strictly confidential.
The records, forms and information that employees work with are
the property of the City of Pearland. They cannot be shown or given
to persons outside the office without official approval in writing.
The citizenry has placed its trust in its public servants, so
employees must give careful thought before speaking to anyone about
his/her work so as not to violate this confidence. Violation of this
trust is grounds for immediate termination.
9.3 GRATUITIES TO MUNICIPAL EMPLOYEES Acceptance of business
gifts by municipal employees is generally discouraged, but may be
allowed in special situations; for instance, gifts traditionally given
at holiday seasons and special occasions --Christmas hams, Thanksgiving
turkeys, flowers, etc. --are considered appropriate, being generally
recognized as customary and ordinary. Employees must exercise
discretion and sound judgment in accepting such gifts and must refuse
any that might possibly be given with the intent or purpose of
securing preferential treatment. Gifts of an extraordinary nature
should not be accepted and any attempt to give such a gift should be
reported to the City Manager for appropriate action.
Violation of this policy will be treated as a major violation
and, depending on the circumstances, may be grounds for immediate
termination or other appropriate action.
9.4 GRATUITIES TO PUBLIC SECTOR An employee may not give, pay,
promise or offer to the public sector anything of value for the
purpose of securing or appearing to secure preferential treatment.
Violation of this policy in any form will require immediate
disciplinary action.
9.5 SOLICITATION No solicitation of funds of any character or
for any purpose whatsoever shall be permitted among City employees on
the job without the written approval of the Department Head or the
City Manager.
9.6 EMPLOYMENT CONTRACT These personnel policies shall become a
part of the employment contract of each employee, and within ten (10)
days from the adoption of these policies and at the time of employment
of each new employee, a copy of these policies shall be furnished each
employee who shall acknowledge in writing the receipt of such copy.
33
These policies may be changed by the City Council, but no such change
shall divest any employee of rights accrued under these existing
policies at the time of such amendment. A copy of each amendment to
these policies shall be furnished each employee.
9.7 RETIREMENT AGE Unless specifically authorized by the City
Manager, the mandatory retirement age for all employees defined herein
shall be seventy (70) years of age, or if the employee becomes
permanently disabled to the extent that he/she can no longer perform
on the assigned job, whichever occurs first. Retirement under this
section shall become effective at the end of the month in which the
employee attains the above provision.
9.8 RETIREMENT PLAN As provided by the Texas Municipal Retire-
ment System, adopted by the City on March 13, 1972, and any subsequent
amendments thereto.
9.9 SOCIAL SECURITY Employees of the City are covered under the
provisions of the Federal Old Age and Survivors' Insurance (Social
Security) as expressed in the agreement between the Texas State
Department of Public Welfare and the City of Pearland dated May of
1964.
9.10 HEALTH MAINTENANCE All permanent full-time employees of the
City who have completed three (3) calendar months of employment will
be provided with health insurance plan or HMO plan furnished at City
expense. Health insurance or HMO benefits will be dependent on the
policies in effect at the time of the claim. If these employees
desire coverage for their dependents under either plan, this cost is
borne wholly by the employee through payroll deductions.
9.11 LIFE INSURANCE Life insurance may be provided by the City
of Pearland on each permanent full-time employee who has completed
three (3) calendar months of employment. The limits of coverage will
be in accordance with the policy in effect at the time of the claim.
9.12 WORKER'S COMPENSATION All employees of the City from the
date of their employment are covered under the provisions of the
Worker's Compensation Act for on-the-job injury or disability.
9.13 VEHICLE OPERATION AND ASSIGNMENT Only City of Pearland em-
ployees are permitted to operate City -owned vehicles. The only
exception permitted is the operation of a vehicle by an employee of a
firm performing repair work on a vehicle or approved members of the
volunteer E.M.S. or Fire Departments.
Passengers in City vehicles shall not be permitted except as
necessary for the conduct of official City business, unless otherwise
approved by the Department Head.
The use of vehicles assigned to each department shall be
determined by the Department Head. Requests for changes in vehicle
assignment shall be submitted in writing and approved by the
Department Head.
34
The City Manager shall decide which employees are eligible to
take home City -owned vehicles and at what times.
Liability Insurance. Every employee who receives an automobile
allowance will carry his/her own liability insurance and furnish the
City with a certificate from the insurance company stating that the
employee has basic limits of liability required by the State of Texas.
Operator Driving Records_ State driving records will be a consid-
eration for hiring any person who will be driving a City -owned vehicle.
The City of Pearland will not hire an individual having more than
two (2) moving traffic violations or one (1) at -fault accident within
the past three (3) years, if that individual's job will require
him/her to drive a City -owned vehicle.
Improper Driving Practices. Employees who engage in improper
driving practices are to be immediately reported to the Department
Head for appropriate disciplinary action.
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CHAPTER 10
DISABILITY BENEFIT PLAN
10.1 The City has established a Disability Benefit Plan to
provide regular employees with economic security when they are
prevented from working because of long-term non -occupational illness
or disability. On-the-job disabilities are covered by the Worker's
Compensation Laws.
10.2 EFFECTIVE DATE OF BENEFITS The benefits of the Plan will
become effective on the sixteenth (16th) day after the inception of
each illness or disability, or after all regular sick leave benefits
are exhausted, whichever occurs last.
10.3 QUALIFICATIONS FOR PLAN To qualify for benefits, employees
must: (1) be permanent full-time employees for a minimum of twelve
(12) months; (2) must be currently employed by the City; (3) be
incapable of performing the usual and customary duties of their job;
(4) obtain proper medical attention; and (5) comply with the procedure
to establish evidence of disability.
10.4 SCHEDULE OF DISABILITY BENEFITS In the event of a long-
term non -occupational disability, the Disability Benefit Plan will
continue the employee's salary at full and/or half base pay,
depending on the length of time employed with the City. The following
schedule provides the benefits of the Plan. The maximum number of
weeks for which full and half base salary will be paid is forty-two
(42) weeks.
LENGTH OF EMPLOYMENT MAXIMUM BENEFIT TIME
Full Pay Half Pay
After 1 full year of employment 2 weeks . . . 4 weeks
After 2 full years of employment 3 weeks . . . 6 weeks
After 3 full years of employment 4 weeks . 8 weeks
After 4 full years of employment 5 weeks . . . 10 weeks
After 5 full years of employment 6 weeks . . . 12 weeks
After 6 full years of employment 7 weeks . . . 14 weeks
After 7 full years of employment 8 weeks . . . 16 weeks
After 8 full years of employment 9 weeks . . . 18 weeks
After 9 full years of employment 10 weeks . 20 weeks
After 10 full years of employment 11 weeks . . . 22 weeks
After 11 full years of employment 12 weeks . . . 24 weeks
After 12 full years of employment 13 weeks . . . 26 weeks
After 13 full years of employment
until separation 14 weeks 28 weeks
10.5 REINSTATMENT OF BENEFITS Full benefits will be reinstated
when the employee returns to work with a release by the attending
physician certifying that the employee is physically able to resume
his/her normal work assignment.
36
10.6 DENIAL OF DISABILITY BENEFITS In case of chronic illness,
unusual circumstances, or frequent absences on account of accident or
illness, the City may appoint a physician to investigate and determine
the probable future frequency or duration of such absences, and will
deal with each such case on its own merits regardless of this Plan.
Benefits may be denied if recommendations as to care and
treatment made by a physician designated by the City are not followed.
Further, benefits shall be denied if an employee is being required to
bring in doctor's statements in support of illness as specified under
Section 6.7 for abuse of sick leave.
No benefits under this plan will be paid for disability directly
or indirectly due to intoxication, or to the use of stimulants, drugs,
or narcotics, or to fighting, unless in self-defense against
unprovoked assaults, or to the willful intent of the employee to
injure himself/herself or another.
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CHAPTER 11
SEXUAL HARASSMENT POLICY
In support of its Equal Employment Opportunity/Affirmative Action
Program, it is the policy of the City to maintain a work place free of
sexual harassment and intimidation.
Sexual harassment has been defined by the Equal Employment
Opportunity commission as follows:
Unwelcomed sexual advances, request for sexual favor, and other
verbal or physical conduct of a sexual nature constitute sexual
harassment when:
(1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's
employment;
(2) submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such
individual; or
(3) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or
creating an intimidating, hostile, or offensive working
environment. 29CFR 1604.11 (7-1-1988).
38