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HomeMy WebLinkAbout1975-OR-32ORDINANCE NO. An ordinance fixing minimum standards of employment for employees of the City of jeffersonvitle, Indiana. Be it ordained by the Common Council of the City of Jeffersonville, Indiana: SECTION 1 This Ordinance shall apply to employees of the City of Jeffersonville, Indiana, no matter in what department of the City or under what City Board the employee may be working. SECTION II Responsibility and Authority of City Management City management has the responsibility and the authority to manage and direct in behalf of the public the operations and activities of the City to the full extent authorized by law. Such responsibility and activity shall include but not be limited to: 1. direct the work of its employees; 2. establish policies; 3. hire, promote, demote, transfer, assign and retain employees; 4. suspend or discharge its employees in accordance with applicable law; 5. maintain the efficiency of public operations; 6. relieve its employees from duties because of lack of work or other legitimate reason; and 7. take actions necessary to carry out the mission of the City as provided by law. -1- 2. ADVERTISEMENT AND RECRUITMENT OF PROFESSIONAL EMPLOYEES Advertisement for professional staff positions may be placed in one or more issue of the area newspaper. Professional organizations may be contacted in an effort to obtain as many qualified applicants as possible. NOTE: Any advertisement shall include the statement, "An Equal Opportunity Employer." Qualifications: The City may screen each applicant for a particular position using the following criteria except where said criteria cannot be shown to be job-related. A. Prior Job-related work experience B. Education C. Work History D. Physical ability required for the position E. Applicant's ambitions and goals F. Special qualifications, licenses, or certification required by the position G. Unusual circumstances in the applicant's personal history H. Compliance with applicable law The City has the option to require evidence of political participation, in the form prescribed by the employer with accordance to applicable law, as a prerequisite to selection° State law requires police and fire employees to reside within the County and fifteen miles of the corporate limits of the City. PROBATIONARY PERIOD The probationary period is a trial working period and is part of the selection process, during Which the employee's work and conduct shall be under close observation for the purpose of determining his/her suitability and qualification for regular appointment to the position. The probationary period shall last for a duration of one year° During the probationary period the employees's supervisor(s) shall observe the employee's performance and -3- report his/her observations concerning the probationary employee to the personnel director upon the request of the personnel director. The personnel director may remove an employee at any time during the probationary period, when he/she becomes satisfied that the employee is unable or unwilling to perform the duties of the position in a satisfactory manner, or that his/her habits and dependability do not merit continuance in the service or where an error or misrepresentation was made in the application. No matter concerning the discipline, layoff, or termination of a probationary employee shall be subject to the grievance procedures. .... Probationary employees are entitled to bereavement leave and leave without pay as defined in Section IX and XII of this ordinance, · S however sections covering vacation , sick leave, reserve or national guard duty, maternity leave, and civic leave apply to regular employees only, unless otherwise stipulated. .... State law requires the probationary period for fire and police employees to last for a duration of one year and the affected probationary employee to be entitled to a hearing concerning his/her discipline by the City. NOTE: An employee serving a probationary period following a promotion from within shall be considered a regular employee. TEMPORARY EMPLOYEES Sections of this ordinance covering vacations, sick leave, re- serve or national guard duty, maternity leave, bereavement leave, civic leave and holiday pay shall not apply to temporary employees. with the exception that full time temporary employees who have worked for more than one full year of continuous service shall be entitled to all benefits as defined in this ordinance. Temporary employees may be granted leave without pay only because of extra- ordinary reasons sufficient in the opinion of the personnel director to warrant such leave of absence. Temporary employees are employees whose employment with the City is anticIpate to be of comparatively short time or definitely limited in duration or hours of employment. An employee who gained employment with the City via a federal, state, or county program designed to provide emergency and/or short term employment will be considered a temporary employee. SECTION V HOURS Department heads shall establish and keep accurate records of the time city employees report to work, the number of hours city employees work during the day, and the number of days city employees work during the week. OVERTIME.: If an employee* who is paid by the hour, works more than 40 hours during any seven day period, the employee shall be paid at the rate of one and one-half times his/her hourly rate of pay for such hours. BREAKS: Employees shall be allowed one ten minutes rest break for every four hours work. Employees shall be allowed an unpaid lunch break for one hour duration. *If fire department and/or police department employees are paid by the hour, and if a fire department or police department employee works more than the stipulated term of duty during any seven day period, the employee shall be paid at the rate of one and one-half times hisyher hourly rate of pay for such hours. DAYS: Ail references in this'Ordinance to WORKING DAYS shall mean a a regular eight (8) hour working day. All reference to WORKING DAYS insofar as it pertains to SICK LEAVE, VACATIQ~ or otherwise shall mean a regular eight (8)hour working day. SECTION VI HOLIDAYS An employee* shall receive his/her below listed holidays: 1. New Year's Day 2. Good Friday 3. Memorial Day 4. Independence Day regular rate of pay for each of the 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Christmas Day Provided, however, that the employee, before being paid for the above listed holidays, shall have worked the immediately preceeding scheduled work day and the next succeeding schedule work day unless excused for vacation days. If any of the above listed holidays fall on a Saturday the holiday will be observed on the immediately preceeding Friday. If any of the above liste¢ holidays fall on a Sunday, the holiday will be observed on the immediately succeeding Monday. If an employee works on any of the above listed holidays, he/she shall receive one and one-half times his/her regular rate of pay as full compensa- tion for holiday leave pay. e,Due to the special nature of their work, fire and p61ice employees shall receive $20.00 for each holiday up to a maximum of four holidays as full compensation for holiday leave pay. -5- ., '~.. i:' "--~ - s~CTIoN VII ' ' ~.' . ". ' "Vacations An employee shall be entitled to five working days of vacation leave with pay during a calendar year, if he/she will have completed at least one full year of City employment by July 1 of said calendar year. An employee shall be entitled to ten working days of vacation leave with pay during a calendar year, if he/she will have completed at least three full years of full time City employment by July 1 of said calendar year. Unused vacation time my not be accumulated from year to year. An employee shall be entitled to fifteen working days of vacation leave with pay during a calendar year if he/she will have completed at least fifteen full years of full time City employment by July 1 of said calendar year. If an employee resigns or is terminated on or after January 1 but before July 1 of a calendar year, he/she shall be entitled to one-half the above stipulated number of days of vacation leave during said calendar year. If the affected employee has taken more than one-half the regular stipulated number of days of vacation leave, the difference in pay between the number of vacation days actually taken and one-half the regular stipulated number of vacation days, shall be deducted in the final paycheck. If an employee resigns or is terminated after June 30 but on or before December 31 of a Calendar year, he/she shall be entitled to all of the regular stipulated number of days of vacation leave during said calendar year; but is entitled to no vacation leave pay for the following calendar year. Vacations shall be scheduled and approved by the department head in accordance with the needs of the department and he/she shall make every effort to respect the vacation requests of his/her employees consistent with those needs. SECt ION VIII Sick Leave An employee accrues five working days of sick leave during a calendar year, if he/she will have completed at least one full year of City employment by July 1 of said calendar year. Employees may accrue up to a balance of 20 -6- unused working days of sick leave during the first 10 years of City employment. After 10 years of City employment he/she may accrue up to a balance of 30 unused working days of sick leave. If an employee is absent from work because of illness more than four (4) days the department,head will require a doctor's certificate from the employee. If the doctor's certificate pertaining to his/her illnes~ is not presented, the employee shall not receive sick leave compensation no matter how many days have been accumulated for sick leave. If an employee's injury or illness occurs while in the performance of his/her job with an outside employer or if such outside employment is directly responsible for the employee's injury or illness, then the employee shall not receive sick leave compensation from the City for such injury or illness. SECTION IX RESERVE OR NATIONAL GUARD DUTY Any City employee who is a member of any reserve component of the armed forces of the United States shall be entitled to a leave while he/she is engaged in the performances of his/her official duty or training. While on such leave, he/she shall be paid his/her regular pay less his/her military pay, for a maximum of ten working days in any one calendar year. To receive compensation, an employee must, upon return, present to the personnel director certification from the employee's commanding officer of performance of duty. SECTION X BEREAVEMENT LEAVE If there is a death in the immediate family (spouse, child, brother, sister, parent or parent of spouse) necessary time for the attendance of funeral matters will be approved with pay providing the total absence does not exceed three calendar days. Any other absence in connection with funerals of other relatives or friends shall be excused without pay at the discretion of the department head or may be charged against vacation time. -7- SECTI~ IX Maternity Leave An employee who is unable to work because of her own pregnancy, recent confinement (delivery) or other pregnancy related causes shall, upon the employee's request, be granted up to 12 weeks of leave without pay; however all accrued sick leave and vacation leave may be applied to maternity leave for pay purposes. SECTION XII Civic Leave An employee who is required to serve as juror, or to attend court or a coroner's inquest as a witness, shall be excused from work for the days on which he/she serves and shall receive for each such day of said service on which he/she otherwise would have worked, the difference between his/her regular pay and the payment he/she receives for the service if less' than his/her regular pay. The employee shall present proof of service (subpeona) and the amount of payment received from the clerk of the court or coroner. If an employee is released from jury duty by the court anytime prior to noon, he/she shall report to work within one hour after being released by the court. SECTION XIII Leave Without Pay An employee, upon application in writing, and upon approval of his/her department head, may request of the personnel director a continuous' leave of absence without pay, not to exceed 3 months, for any of the following reasons: a. Because of physical disability of employee b. Because of employee entering upon a course of training or study for the purpose of improving the quality of his/her service to the City or of fitting him/herself for promotion. c. Because of extraordinary reasons sufficient in the opinion of the personnel director to warrant such leave of absence. SECTION XIV Dismissal and Disciplinary Action The discipline and/or discharge of regular employees shall be for cause. When a supervisor determines that disciplinary action with respect to minor offenses is --8-- '.appropriate, he/she Will issue to the affected en~ployee an oral warning for the first offense, a written reprimand for the second offense. After the second offense, more severe disciplinary actions may be taken. Supervisors should give copies of all written disciplinary actions taken against the affected employee to the personnel director. If the following disciplinary actions or measures are taken they must be approved by the personnel director: 1. reduction in pay 2. demotion 3. suspension 4. discharge It is the policy of the City to give one week notice to an employee upon termination. However, this will not prevent the City from terminating an employee without notice if the discharge is for serious conduct misbehavior, such as stealing, drinking on the job, and insurbordination, or other similar misbehavior. Employees who are discharged are entitled to all accrued vacation pay as defined in Section VII of this ordinance at the date of termination. NOT~: Employees who disregard the use of prescribed safety devices shall be subject to disciplinary action. Resignations To resign in good standing, an employee must submit his/her notice through his/her supervisor to the personnel director at least one week before the effective date of termination. Employees who resign in good standing are entitled to all accrued vacation pay as defined in Section VII of this ordinance at the date of termination. An employee absent for three consecutive scheduled work days without notification of valid reason to the City, and has no legitimate reason for not notifying the City for his/her absence may be considered as having resigned. Layoffs F3nployees maybe laid off or demoted by reason of lack of work or funds, or the abolishment of positions. The order in which employees are laid off or demoted shall be determined in accordance with the interest of efficiency of public operations. Insofar as practicable, department heads will give at least one week advance notice of such layoff or demotion. Employees who are --9-- l~id off are entitled to all accrued vacation pay as defined in Section VII of this ordinance. SECTION XV Grievance Procedures An employee who feels that he/she has been unfairly treated regarding his/her employment with the City should: STEP ONE: Submit an oral grievance to his/her immediate supervisor within seven working days of the action's occurance. The immediate supervisor s~ll meet with the employee and make every effort to resolve the grievance within three working days of the date of presentation of the grievance. STEP TWO: If the grievance has not been settled in step one, a written appeal shall be prepared in detail, dated, signed by the employee and presented to both the employee's immediate supervisor and the department head within three working days after the receipt of the immediate supervisor's oral reply from step one. Upon receipt of the written appeal, the department head shall attempt to resolve the grievance and reply in writing within three working days of the date of presentation of the written grievance. STEP THREE: If the grievance has not been settled in step two, the written appeal along with all pertinent correspondence to date shall be presented to the Personnel Director within three working days of the receipt of the reply from step two. A detailed investigation s~ll be conducted by the Personnel Director and he/she shall issue a final decision within ten working days of the date of presentation of the written grievance. NOTE: If the employee's immediate supervisor is also the department ~ead and if the grievance has not been settled in step one, the written appeal shall be presented to both the department head and the personnel director within three working days of the receipt of the oral reply from step one. The procedure stated in step three shall then take effedt. NOT~: Failure of the employee to submit his/her appeal within the time limits specified will result in the City considering the matter settled and closed. -10- SECTION XVI This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 29th day of December, 1975. Presented by me as Clerk-Treasurer to the Mayor of City of jeffersonville this said 29th ~ day of D~egember, ~,~7~. ·Clerk-T~'a sure~ -- Approved and signed by me this December, 1975. 29th day of