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1999-080RESOLUTION NO. 99-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS, AMENDMENTS TO THE PERSONNEL POLICIES HANDBOOK TO INCLUDE NEPOTISM POLICY AND AMEND VACATION ACCRUAL RATES. WHEREAS, The City of Southlake develops personnel policies to provide for the proper administration of the affairs of the City and to provide a reference for employees about what is expected of the employee, and what the employee can expect from the City as an employer; and WHEREAS, Any amendments to the personnel policies or new policies must be approved by the Council as specified in the City Charter; and WHEREAS, Chapter 6, Section 2c of the City of Southlake Personnel Policies Handbook states that employees with less than five (5) years of employment will accrue 80 hours of vacation leave each year, and employees with more than five (5) years of employment will accrue 120 hours of vacation leave each year; and WHEREAS, Most cities in the metroplex provide for higher levels of vacation accrual after ten (10) and twenty (20) years of service; and WHEREAS, the City Council recognizes the need for a policy to prohibit the employment of relative within the same department, to eliminate the potential for favoritism or bestowal of patronage, and to minimize the potential for conflict whenever the performance or exercise of official powers or duties may be influenced by relatives; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THAT: Section 1: The City revise its vacation policy as provided in Appendix A, and Section 2: That the City of Southlake hereby adopts the nepotism policy as detailed in Appendix B. Section 3: This resolution shall become effective after its passage and adoption by the City Council. 5E-4 RESOLUTION NO. 99-80 Page 2. PASSED AND APPROVED THIS THE A 9 DAY OF /01 '1999. Rick tact', Mayor 5E-6 RESOLUTION NO. 99-80 Page 3. APPENDIX A SECTION 2: Vacation Leave C. Employees in regular positions shall receive vacation leave at the following rates: i) After twelve (12) months of continuous employment, 80 hours (2 weeks) of annual vacation leave, accrued at the rate of 3.08 hours per pay period for all employees with the exception of those that work 24 hours on and 48 hours off (2912 employees). After twelve (12) months of continuous employment, 2912 employees will earn 120 hours (2 weeks) accrued at the rate of 4.62 hours per pay period. ii) After five (5) years of continuous employment, 120 hours (3 weeks) of annual vacation leave, accrued at the rate of 4.62 hours per pay period with the exception of 2912 employees. After five (5) years of continuous employment, 2912 employees will earn 180 hours (3 weeks) at the rate of 6.92 hours per pay period. iii) After ten (10) years of continuous employment, 184 hours (4 weeks, 3 days) of annual vacation leave, accrued at the rate of 7.08 hours per pay period with the exception of 2912 employees. After ten (10) years of continuous employment, 2912 employees will earn 264 hours (4 weeks, 3 days) accrued at the rate of 10.15 hours per pay period. iv) After twenty (20) years of continuous employment, 208 hours (5 weeks, 1 day) of annual vacation leave, accrued at the rate of 8.00 hours per pay period with the exception of 2912 employees. After twenty (20) years of continuous employment, 2912 employees will earn 288 hours (5 weeks, 1 day) accrued at the rate of 11.07 hours per pay period. All vacation leave shall be based upon the employee's anniversary date. The City Manager may implement special rules, consistent with state law, for personnel of the Police and Fire Departments. 5E-6 RESOLUTION NO. 99-80 Page 4. Section: Effective Date: Approved Bv: 1.0 Purpose APPENDIX B Citv of Southlake Personnel Policies Rules and Regulations Topic: Nepotism December 8, 1999 Revision Date: To prohibit the employment of relatives within the same department, to eliminate the potential for favoritism shown to relatives or bestowal of patronage by reason of blood, adoption, or marital relationship, and to minimize the potential for conflict whenever the performance or exercise of official powers or duties may be influenced by relatives. 2.0 Definitions 2.1 Applicant: A person who has applied for employment with the City or an employee who has applied for a different position within the City. 2.2 Employee: Includes probationary, regular full-time, regular part-time, seasonal, and temporary employees of the City of Southlake. 2.3 Department: Any department created by the City Council, identified in Chapter 4, Section 1, of the City of Southlake Charter. 2.4 Relative: 2.4.1 A person related by blood or adoption to the employee as follows: a) parent (mother/father); b) children (daughter/son); c) siblings (sister/brother); d) parent's parents, i.e., grandparents (grandmother/grandfather); e) children's children, i.e., grandchildren granddaughter/grandson); f) sibling's children (niece/nephew); g) grandparent's children (aunt/uncle) 5E-7 Employment of Relatives Page 2 h) grandparent's grandchildren, i.e., aunt/uncle's children (first cousins); or 2.4.2 The employee's spouse, those persons in the above categories related to the employee's spouse, or those persons married to a person specified in 2.4.1. 3.0 Policy 3.1 Disclosure by Applicants - An applicant for employment with the City of Southlake is reauired to disclose any relative who is employed by the City of Southlake, as well as any relative who serves as the mayor or as a city council member. 3.2 Relatives of Current City Council, Mayor, or Council Appointments - No person who is related within the second degree by affinity (marriage) or within third degree by consanguinity (blood) as defined by the Texas Government Code, to the mayor, any member of the city council, council appointed employees, or any other Council appointed positions will be eligible for employment. 3.3 Relatives of Elected City Council, Mayor, or City Manager - An employee or officer who is or becomes related within the second degree by affinity or within the third degree by consanguinity to a person who is elected as mayor, council member, or city manager will not be eligible for continued employment, unless the employee or officer has been continuously employed by the City for not less than two (2) years prior to the election. The Director of Human Resources will evaluate eligibility for continued employment pursuant to the provisions of the Texas Government Code, Section 573.062, and Chapter 2, Section 13 of the City of Southlake Charter. 3.4 Applicants Related to Current Employees — 3.4.1 No applicant who is a relative of a current city employee may be offered or accept employment in the same department or where such employment would constitute a condition of conflict, where the performance, or exercise of official powers or duties may be influenced by the applicant's relative. 3.4.2 No applicant who is a relative of an employee who is appointed by the city council is eligible for employment with the City. No applicant who is a relative of a department head is eligible for employment with the City except for appointment in seasonal or temporary positions outside of the department head's department. 5E-10 Employment of Relatives Page 3 Additionally, no applicant who is a relative of any employee in the City Manager's Office or the Human Resources Department is eligible for employment with the City. 3.5 Placement of Current Employees — An employee who is a relative of another employee may not be placed: 3.5.1 in a position that would place one employee in the position of immediate supervision of the other; or 3.5.2 in a position where a condition of conflict would exist, where the performance or exercise of official powers or duties may be influenced by the employee's relative. 3.6 Exceptions for Current Employees — An employee who is a relative of another employee may be employed in the same department if a) the employees were related and employed in the same department before the effective date of this policy; b) a reorganization approved by the City Manager results in related employees being placed in the same department; or c) a reorganization approved by the City Manager results in an employee being removed from the department in which that employee has a relative. If the affected employee wishes to return to the original department, he or she must formally apply for an available position in the department within 90 days of the effective date of the reorganization. 3.7 Relatives after Employment - If an employee becomes a relative of another employee after employment, and works in the same department as another employee, the Director of Human Resources, in conjunction with the City Manager, will evaluate and determine whether both employees will be allowed to continue employment in the same positions. Such determination will be made by what is considered to be in the best interest of the City of Southlake, taking into consideration such factors as whether the employees work in the same division, and whether it would place one in the position of immediate supervision of the other. 3.8 Disclosure by Current Employees 3.8.1 An employee who, on the effective date of this policy, is a relative, as described in section 2.4, of another employee who works in the same department shall disclose this relationship to the Director of 5E-10 Employment of Relatives Page 4 Human Resources within 30 days of the effective date of this policy. 3.8.2 An employee who becomes a relative of an employee who works in the same department is required to disclose the relationship to the Director of Human Resources within 30 days of the date the employees became relatives. 5E-10