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72-023RESOLUTION NO. 72-23 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, that: The terms and provisions of Exhibit "A", attached hereto, incorporated herein and made a part hereof, be and are hereby approved and adopted as the Per- sonnel Rules and Regulations for the employees of the City of Southlake. The provisions of Exhibit "A" shall be binding upon all employees of the City of Southlake. This Exhibit "A" supersedes all previous Rules and Regulations. These Rules and Regulations shall be effective im- mediately upon passage of this Resolution· PASSED AND APPROVED this day of !~ A. D. 1972. ~ APPROVED: M~yor ATTEST: City Secretary Reference should be made to the City Organizational Chart. SECTION 1. - AUTHORITY AND ADMINISTRATION 1.1 EFFECTIVE DATE: 1.2 SCOPE. These rules shall apply to and govern all employees of the City of Southlake, Texas. 1.3 ADMINISTRATIVE AUTHORITY. With the exception of matters and appointments reserved by the City Council by statutory provisions, general authority and responsibility for the conduct and administration of municipal affairs is vested in the City Secretary. Final authority, in the form of review and approval, is reserved by the City Council where not specifically delegated to the City Secretary in the absence of a City Manager. 1.4 DEPARTMENTAL ADMINISTRATION OF THESE RULES. Department Heads will be responsible for the proper and effective administration of these rules and policies within their respective departments. Routine matters and duties in connection therewith may be assigned to a subordinate employee, such as proper preparation and handling of all required records reports etc within that department. ' ' '' 1.5 AMENDMENTS. The Cith Council may change or amend these rules within statutory limitations when deemed necessary in order to more effectively and efficiently promote the interest of the City of Southlake. SECTION 2. - INITIAL EMPLOYMENT INFORMATION AND REQUIREMENTS. 2.1 BASIS OF EMPLOYMENT. All initial employment with the City of Southlake shall be based on merit, ability, and physical and moral fitness as evidenced by: 2.1-1 Training and experience as reflected by the application form plus documentary evidence as to certification, registration, etc if required. '' 2.2 2.1-2 Mental examination or performance test, if required. 2.1-3 Physical examination, if required. 2.1-4 Character investigation by head of the department. RESIDENCE. Other qualifications being equal, applicants who live inside the corporate limits of the City of Southlake shall be given preference for City positions. ' 2.3 NEPOTISM. No person related within the second degree by affinity or within the third degree of consanguinity to the Mayor or to any member of the City Council shall be appointed to any office, position, clerkship or service to the City. 2.3-1 Persons who are relatives and members of an immediate family shall not be appointed to service in permanent positions in the same department without specific approval from the City Council. 0 0 · ,,..-I 0 0~ -3-¢ 2.4 APPLICATIONS: All persons seeking initial employment or reemployment after an absence of more than six months will be required to complete, sign and submit a standard application form provided by the City of Southlake. 2.5 OUTSIDE EMPLOYMENT. Upon the approval of the department head, an employee may accept outside employment provided that such activity does not interfere with his efficiency in regular City employment. In no event shall an employee hold an outside job that has any conflict of interest with City employment. STANDARDS OF CONDUCT. The attitude and deportment of a City employee, whether in public or private, should at all times be such as to promote the goodwill and favorable attitude of the public toward the City Admini- stration and its programs and policies. SECTION 3. - ATTENDANCE AND ABSENCE 3.1 ACCOUNTING RESPONSIBILITIES. 3.2 3.1-1 Department heads are responsible for maintaining complete and accurate records relative to all forms of leave, attendance and absence for their employees due to any cause and whether with or without pay; proper indications will be made on departmental payrolls the cause of absence. Department heads must certify by signing such payroll/attendance records to insure that salary and wage expenditures stay within budgetary limits. 3.1-2 The City Secretary is responsible to the City Council for certifying as to the compliance of departments with the requirements and policies as well as rules governing vacation, sick leave, etc. WAGES AND HOURS. 3.2-1 3.2-2 Wages, salaries and working schedules for various classes and positions shall be in general accordance with the provisions of the official pay plan currently in effect including amendments thereto and within the limitations of the financial provisions of each department as approved by the City Council for each fiscal year. 3.2-1-1 Annual wages and salaries shall be paid thru 24 pay periods beginning October 1, 1972. ' Overtime work will be performed only on authorization of the depart- ment head with regard to certain positions and departments and to the extent necessary to meet essential operating requirements. Compensations for authorized overtimm work will be provided in the budget or as otherwise approved by the City Council. 3.2-2-1 Department heads and key personnel. Employees who are regarded as being on department, assistant or division head levels shall not be eligible for overtime pay. Employees in this class are expected to work for whatever hours may be necessary to properly perform the duties assigned. The salaries for such personnel are determined and established in accordance with this assumption. 3.2-2-2 Office Staff. Employees in the office staff (City, Water, etc.) shall not be eligible for overtime pay but shall be given compensatory time off. 3.2-2-3 Police Departments. (Fire Dept. is voluntary at this time.) Members of this department shall be paid the same pay as shift pay as set forth in the budget for each fiscal year. 3.3 AUTHORITY FOR ABSENCE. No City employee shall be absent from his/her regularly scheduled duties except by authority of his department head or other responsible supervisor. Absences with the reason, therefore, must be reported to the department head as soon as possible. All absences for periods in excess of two weeks must be approved by the City Council. 3.4 SICK LEAVE WITH PAY. Employees in permanent positions will be eliglble for sick leave with full pay on the basis of ten working days within a fiscal year subject to the following conditions: 3.4-1 Sick leave may not be taken until three months of service has been completed. 3.4-2 3.4-3 3.4-4 Sick leave may not accumulate from year to year. No pay will be authorized for unused sick leave. Department heads are hereby authorized to make any investigation of benefits claimed under this rule which they deem necessary and to disapprove any claim not properly substantiated. Any sick period in excess of three consecutive days will require authorization by a physician. 3.5 3.4-5 Sick leave of 1/2 and less of a regular work shift need not be reported as sick leave nor be reported on payrolls. 3.4-6 Frequent claiming of benefits under this rule will constitute grounds for the assumption by the department head that the physical condition of the employee is below the standard necessary for the proper performance of his/her duties. Malingering or abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by either the department head or the City Council. VACATION. An employee in a permanent position will be eligible for vacation benefits either as time off with pay or as terminal pay in case of separation from City emplo~ent in good standing. 3.5-1 Permanent salaried employees shall be granted ten days paid vacation each year using a calculation date of January 1 of each year. Employees shall be granted vacation leave equal to one half day for each month worked prior to January 1. Employees who have served the City of Southlake for ten consecutive years shall be granted 15 work days paid vacation each year. 3.5-2 Vacations shall be taken at a time approved by the department head. 3.6 3.5-3 No vacation benefits will be earned by temporary or part-time personnel. EMERGENCY LEAVE WITH PAY. Department heads may grant emergency leave with pay not to exceed three working days to employees who have completed at least three months of continuous service in case of death of a member of the employee's family or person related to such employee not more distantly than aunt or uncle. 3.7 MILITARY LEAVE WITH PAY. A permanent employee who is a member of the National Guard or any reserve component of the Armed Forces of the United States, when so ordered by the proper authority, shall be entitled to a leave of absence with pay during any period when he shall be engaged in field training or encampment, or when ordered to duty with troops for field exercises or instructions, and not to exceed ten days during any one calendar year. 3.8 HOLIDAYS. The following holidays are officially declared and designated to be observed with pay by all City employees occupying permanent positions, and subject to the revisions and limitations hereinafter set forth: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 3.8-1 3.8-2 When any designated holiday shall fall on Saturday or Sunday, the preceding or following business day will be observed. Department heads shall specifically authorize the observance of any holiday above named and may revoke or restrict the observance of same in order to provide necessary functions and services by their departments. 3.8-3 No overtime pay or extra pay will be authorized for employees who may be required to work on a designated holiday, but such employees may be allowed corresponding time off with pay added to vacation time allowed. Credit for unused holidays may not carry over into the following calendar year except where the holidays have come after the employee's regular vacation. 3.9 OTHER FORMS OF LEAVE. 3.9-1 3.g-2 SECTION 4. Attendance of seminars, schools, etc., will be with pay together with necessary travel and expense allowance on approval of the City Council where such attendance improves the employee's efficiency and is considered beneficial to the interest of the City. Jury and Court Service may be permitted absence with pay. - ADMINISTRATIVE POLICIES 4.1 DEPARTMENT HEADS TO ENFORCE DISCIPLINE. Department Heads will be charged with the responsibility of enforcing and maintaining proper standards of discipline in personal conduct among their employees, and are vested with discretionary authority to practice the following suggested forms and sequence or remedial measures incident to the enforcement and observance of these rules, or of any of the operating rules of their departments: 4.2 4.3 4.1-1 Seriously calling the attention of an employee to any unsatisfactory conduct in performance of duty. 4.1-2 Personal reprimand of the employee. 4.1-3 Suspension of the employee without pay for an appropriate period subject to review and approval by the City Council, if requested, and as provided for under Sub-Section 4.3. 4.1-4 Demotion of an employee to a position of lower classification, as provided under Sub-Section 4.4. 4.1-5 Dismissal of an employee, including disapproval of terminal pay or unused vacation, as provided under Section 3.5 of these rules. SPECIFIC GROUNDS FOR DISMISSAL. Any of the acts of conduct on the part of an employee will constitute special grounds for prompt dismissal by the City Council when recommended by the Department Head. 4.2-1 Conviction under a felony charge. 4.2-2 Repeated convictions during service on misdemeanor and/or traffic charges. 4.2-3 Use of intoxicants or drugs while on duty, or repeated off-duty intoxication or use of drugs, whether or not legally convicted of same. 4.2-4 4.2-5 4.2-6 Flagrant or persistent insubordination. Conduct subversive to the proper order, discipline and morale of the minicipal service. Inciting or engaging in strikes or riots. 4.2-7 Misappropriation or unauthorized use of City tools equipment, machines, funds, etc. ' 4.2-8 Incompetence or repeated neglect of duty. 4.2-9 Repeated failure or neglect to meet credit obligations particularly open accounts. 4.2-10 Unauthorized absence from duty without explanation. DISCIPLINARY SUSPENSIONS. Under justifiable circumstances, the City Secretary or Department Head, subject to review by the City Council, if requested, may suspend an employee without pay for a period not to exceed thirty days. Such circumstances causing the need for disciplinary suspension occurring within three years will constitute grounds for dis- missal. A law violation may be grounds for suspension without pay until the charge is dismissed or a decision settling the case is rendered. A verdict of "not guilty" will make the suspended employee eligible for reinstatement upon approval by the City Council. 4.4 DEMOTIONS. Subject to review and approval by the City Council, Department Heads are vested with discretionary authority to demote employees to lower job classifications for disciplinary purposes or, further, abolishment of the job due to lack of work or funds. (This latter reason shall be without prejudice and such employee will be eligible for preferential consideration upon reinstatement of the job.) 4.5 TERMINATION RULES AND REQUIREMENTS. To resign in good standing, employees in permanent positions should give at least two weeks notice of their intentions. Failure to do so will jeopardize receiving terminal pay in the form of any unused vacation pay due such employee. All terminating employees will be required to surrender and return to their department all records and/or property of the City of Southlake which may be in their possession or custody. Supplemental payrolls to issue paychecks for terminating employees will not be permitted except in the case of extenuating circumstances recommended by the Department Head to the City Secretary. 4.6 PROMOTIONS. Promotions will be filled by qualified employees in lower job classifications as may be consistent with the best interest of the City. 4.7 COMPLAINTS AND GRIEVANCES. It shall be the general policy of the City of Southlake to anticipate and avoid occurrence of valid complaints or griev- ances and to deal promptly with any which may arise. Except where there is an acceptable reason for not doing so, all matters of this nature will be handled and transmitted thru superiors as follows: Immediate superior (Sgt., Clief Dispatcher, etc ) Department Head ' City Secretary Each of the above will attempt to adjust the matter on a basis satisfactory to the Department Head. If necessary, the Department Head may submit the problem to the next in authority. Still failing a satisfactory adjustment, the Department Head must submit a report setting out all information to the City Council together with his recommendations and recommendations of the City Secretary, if any. Upon a final decision made by the City Council such will be binding on all concerned. ' SECTION 5. - FRINGE BENEFITS 5.1 Group Hospitalization Insurance for employees paid in full by the City of Southlake. 5.1-1 Members of employees families may have coverage if paid for by the employee. 5.2 5.3 5.1-2 A new employee is eligible for coverage after thirty days employment. 5.1-3 Employees not wanting coverage must sign a standard waiver form. Soci~al Security (later) Retirement Plan of the Texas Municipal Retirement System (later) SECTION 6. - DEFINITIONS: 1.1 An employee is one who is employed on a full-time basis at the rate of forty hours per week, receiving remuneration from the City for such work, except independent contractors. 1.2 A part-time employee is one who is employed by the City for less than the above prescribed forty hours per week. 1.3 A temporary employee is one who is employed for a specific job whose employment terminates upon completion of such specific job. 1.4 The City Secretary is eligible for the same benefits as an "employee."