HomeMy WebLinkAboutO-1991-1798
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ORDINANCE NO. 1798
AN ORDINANCE ADOPTING THE CITY OF LA PORTE PERSONNEL POLICY MANUAL
DATED JANUARY 1, 1992~ PROVIDING A SEVERABILITY CLAUSE~ CONTAINING A
REPEALING CLAUSE~ FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW~ AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
adopts the "City of La Porte Personnel Policy Manualn dated January
1, 1992, a true and correct copy of which is attached to this
Ordinance as Exhibit nAn, incorporated by reference herein, and made
a part hereof for all purposes.
Section 2. The City of La Porte Personnel Policy Manual hereby
adopted, shall supercede all previous City of La Porte Personnel
POlicy Manuals heretofore adopted by the City Council of the City of
La Porte, on its effective date of January 1, 1992.
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordinance
or the City of La Porte Personnel Policy Manual hereby adopted,
shall for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, or said Personnel
Policy Manual, and it is hereby declared to be the intention of this
City Council to have passed each section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other
section, sentence, phrase or clause, or part thereof, may be
declared invalid.
Section 4.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated~ and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents ,and posting
thereof.
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ORDINANCE NO. 1798
PAGE 2
Section 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered. The City of La
Porte Personnel Policy Manual adopted by this Ordinance, shall be
effective from and after January 1, 1992.
PASSED AND APPROVED, this 9th day of December, 1991.
BY~~~~
Norman L. alone, Myor
ATTEST~~ J '
~.~~tc
Cherl.e Black
City Secretary
APP~~
Knox W. Askl.ns
City Attorney
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CITY OF LA PORTE
PERSONNEL POLICY MANUAL
EFFECTIVE JANUAR Y 1, 1992
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THIS IS NOT A CONTRACT
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TABLE OF CONTENTS
CHAPTER 1
INTRODUCTION AND OBJECTIVES
SECTION 1 - INTRODUCTION .......:............................................. 1
SECTION 2 - OBJECTIVES ....................................................... 1
SECTION 3 - EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION .......................... 2
SECTION 4 - APPLICABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 5 - DISSEMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 6 - AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 7 - ADMINISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
CHAPTER 2
METHOD OF FILLING VACANCIES
SECTION 1 - RECRUITMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 2 - APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 3 - APPLICANT EVALUATION.. . . . . ... . . . . .. .... . ... .. . . . . . .. . .. .. . .. .. .. ..4
SECTION 4 - DISQUALIFICATION .................................................. 5
SECTION 5 - PROMOTIONS POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 6 - TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 7 - NON-DISCIPLINARY DEMOTIONS . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 8 - GENERAL PROVISION ................................................ 6
CHAPTER 3
APPOINTMENT
SECTION 1 - AUTHORITY AND BASIS OF APPOINTMENTS..... ...........................8
SECTION 2 - TYPES OF APPOINTMENTS ............................................ 8
SECTION 3 - BENEFITS ELIGIBILITY ................................................ 9
SECTION 4 - EMERGENCY TEMPORARY APPOINTMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
SECTION 5 - INTRODUCTORY EMPLOYMENT PERIOD .................................. 9
SECTION 6 - FAILURE OF INTRODUCTORY PERIOD ............ . . . . . . . . . . . . . . . . . . . . . . . . 9
SECTION 7 - REINSTATEMENT .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION 8 - NEPOTISM. . . . . . . . . . . .. . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . 10
SECTION 9 - RESIDENCE ....................................................... 11
SECTION 10 - PHYSICAL AND MENTAL FITNESS................................. ..... 11
CHAPTER 4
EVALUATIONS
SECTION 1 - PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTION 2 - PERFORMANCE EVALUAtiON REPORTS ................................. 12
CHAPTER 5
COMPENSATION
SECTION 1 - POSITION CLASSIFICATION. . ... . . . . ... . . . . .. .. . . .. . . . .. . . . .. .. . .. . . . . 13
SECTION 2 - BASIS OF COMPENSATION............. ...... .................... .... 13
SECTION 3 - SALARY ADMINISTRATION. . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . .. . . . . . . . . .. 13
SECTION 4 - METHOD OF PAYMENT... .. ................. ........................ 14
SECTION 5 - SEPARATION PAY .................................................. 14
SECTION 6 - OVERTIME PAY .................................................... 15
SECTION 7 - STANDBY DUTY PAY ................................................ 16
SECTION 8 - LONGEVITY PAY. . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . 16
SECTION 9 - JURY DUTY ....................................................... 16
SECTION 10 - RETIREMENT BENEFIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
SECTION 11 - CERTIFICATION PAY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 17
SECTION 12 - EDUCATIONAL REIMBURSEMENT POLICY. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 17
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CHAPTER 6
ABSENCE
SECTION 1 - GENERAL ATIENDANCE ............................................. 19
SECTION 2 - EXCUSED ABSENCE ................................................ 19
SECTION 3 - UNEXCUSED ABSENCE. . .. . . ... . ... .. . .. . . . . . . . . . . . . . . . .. . . . . . .. . .. . 19
SECTION 4 - REPEATED UNEXCUSED ABSENCES .................................... 20
SECTION 5 - HOLIDAY LEAVE... .............................. .... ............ ...20
SECTION 6 - VACATION LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 7 - SICK lEAVE ....................................................... 22
SECTION 8 - MILITARY LEAVE ................................................... 23
SECTION 9 - EMERGENCY LEAVE ................................................ 24
SECTION 10 - ADMINISTRATIVE ABSENCE WITH PAY .................................. 24
SECTION 11 - AUTHORIZED lEAVE WITHOUT PAY .................................... 24
SECTION 12 - ABSENCE WITHOUT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
SECTION 13 - ON DUTY INJURY LEAVE.. . . . ... . ... .. ...... .. .. . . . . .. .. ... .. ... .. . . . 25
CHAPTER 7
CONDUCT
SECTION 1 - WORK STANDARDS. . . . . . . . . . . . .. . . . . . . .. . . . . . .. . . . . .. . . . . . . . . . . . . . . 27
SECTION 2 - SOLICITATION AND DiSTRIBUTION...................................... 27
SECTION 3 - GAMBLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SECTION 4 - PERSONAL APPEARANCE ............................................ 27
SECTION 5 - EMPLOYEE FINANCIAL OBLIGATIONS ................................... 27
SECTION 6 - SEXUAL HARASSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SECTION 7 - OPERATION OF CITY OWNED VEHICLES OR EQUIPMENT . . . . . . . . . . . . . . . . . . . . 28
CHAPTER 8
DISCIPLINE. REVIEWS, AND COMPLAINTS
SECTION 1 - BASIS FOR DISCIPLINARY ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SECTION 2 - TYPES OF DISCIPLINARY ACTION ...................................... 29
SECTION 3 - STEPS IN THE DISCIPLINARY PROCESS ................................. 30
SECTION 4 - REVIEW OF DISCIPLINARY ACTION ..................................... 31
SECTION 5 - EMPLOYEE COMPLAINT PROCEDURES. . . . . ... .. . . . . . . . . . . . . . . . . . . . . .. . . 31
SECTION 6 - SEXUAL HARASSMENT COMPLAINT PROCEDURE .......................... 32
SECTION 7 - TEXAS WHISTLE BLOWERS ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
CHAPTER 9
NONDISCIPLlNARY SEPARATION
SECTION 1 - RESIGNATION ..................................................... 33
SECTION 2 - MEDICAL INCAPACITY ............................................... 33
SECTION 3 - REINSTATEMENT FOllOWING SEPARATION FOR INCAPACITY ................ 33
SECTION 4 - RESTORATION OF lENGTH OF SERVICE CREDITS. . . . . . . . . . . . . . . . . . . . . . . . . . 34
CHAPTER 10
PERSONNEL FILES AND REPORTS
SECTION 1 - PERSONNEL FilES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SECTION 2 - EMPLOYEE STATUS CHANGE ......................................... 35
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City of La Porte
Personnel Policies
CHAPTER 1
INTRODUCTION AND OBJECTIVES
SECTION 1 - INTRODUCTION
This policy manual supersedes any and all previous personnel policy manuals approved
or utilized by the City of La Porte and becomes effective January 1, 1992.
This policy manual provides a look at working with the City of La Porte. You will find
answers to many of the questions you have about rules, benefits and City policies.
This policy manual is not intended to be the only source of City information. From time
to time, you will receive additional information from your Department Director, Supervisor,
and from other City publication programs.
While every effort is made to make t~is policy manual comprehensive, it is not possible
to include all details and possible exceptions to general rules. In that regard this policy
manual is a guide, and not a binding legal document. The City of La Porte reserves the
right to modify, revoke, suspend, terminate, or change any or all such policies and
practices, in whole or in part, at any time, with or without notice.
The policies and practices set forth are not intended to create, nor are they to be
construed to constitute, a contract between the City of La Porte or anyone or all of its
employees.
Notwithstanding any statements contained in this booklet or in any other document or
statement issued by the City of La Porte or any of its representatives, you have the right
to terminate your employment at any time and the City of La Porte retains a similar right.
SECTION 2 - OBJECTIVES
The City of La Porte's personnel policies are designed to bring to the City's service a high
degree of understanding, cooperation, efficiency, and unity through systematic, uniform
application of personnel policies and practices. Some of the principal objectives of the
City's personnel management system include the following:
a. To promote and increase efficiency and responsiveness to the public, and
economy in the City service.
b. To provide fair and equal opportunity for qualified persons to enter and progress
in the City's service in a manner based on merit and fitness as ascertained
through fair and practical personnel management methods.
c. To maintain recruitment and advancement practices enhancing the attractiveness
of a City career and encouraging each employee to give his or her best effort to
the City and the public.
d. To maintain consistent, up-to-date position classification and compensation plans
based on the assigned duties and responsibilities of pOSitions in the City's service.
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e. To promote high morale among City employees by fostering good working
relationships and by providing uniform personnel policies, opportunities for
advancement, and consideration of employee needs and desires.
f. To establish and maintain a uniform program of employee evaluation and
remuneration based upon duties and responsibilities in the service of the City.
SECTION 3 - EaUAL OPPORTUNITY AND AFFIRMATIVE ACTION
The City of La Porte maintains policies and practices of both equal employment and
affirmative action. Actions are taken to ensure equal employment opportunities for all
employees and prospective employees engaged in or to be engaged in City service.
Discrimination against any individual in recruitment, examination, appointment, training,
promotion, retention, discipline, or any other aspect of personnel administration because
of religious opinions or affiliations, membership or non-membership in employee
organizations, or because of race, color, national origin, sex, age, handicap/disability, or
religion is prohibited.
Discrimination on the basis of age, sex, or physical requirements is prohibited except
where specific age, sex, or physical requirements constitute a bona fide occupational
qualification.
SECTION 4 - APPLICABILITY
These personnel policies shall apply to all City employees except where these policies
may be in conflict with federal, state, or local legislation. Supplemental rules for all City
departments may be developed within the respective departments so long as these
departmental policies do not conflict with City personnel policies and procedures.
Any person, whose employment with the City is the result of a written contract, shall be
considered an employee of the City and shall be required to adhere to all adopted policies
and procedures affecting employment with the City.
SECTION 5 - DISSEMINATION
All City employees upon employment shall be provided with a copy of these policies. City
employees shall sign a form acknowledging receipt of these policies and such form shall
become a part of the employees' official employment record.
Each department shall maintain a copy of these personnel policies available for employee
reference. Employee personnel questions shall be addressed and an answer provided
through the established chain of command.
SECTION 6 - AMENDMENT
These rules may be amended or superseded by recommendation of the City Manager to
the City Council and Council's approval of such recommendation(s). As the policy setting
body for the City of La Porte, only City Council is authorized under City Charter to amend
or supersede these policies.
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SECTION 7 - ADMINISTRATION
The City Manager is vested with the general authority and responsibility for the conduct
and administration of municipal affairs. This authority does not supersede matters of
appointment reserved to the City Council by City Charter provisions. The City Manager,
or his designated appointee is responsible for appointments to all positions and the
establishment and maintenance of standards of efficiency.
Final authority in the form of review and approval is reserved by the City Manager with
regard to all matters of subjects covered by these policies. The organizational chart, as
approved by the annual budget process, depicts the channels of authority to be observed
by all City employees to ensure that all employees have specific duties and a purpose in
the organizational structure. This will also facilitate the dissemination of job assignment,
information, and will ensure adequate promotion and complaint procedures.
Organizational structures of established City departments will be developed or modified
by the Department Director with the approval of the City Manager. Approval of new
functions and major restructures must come into compliance with the City Charter.
Each City position must have a corresponding job description which must be maintained
current by the Department Director with the assistance of the Human Resources Division.
Such job descriptions will serve as the basic document for selection, promotion, training,
and work assignments. Position reclassification shall be reviewed by the Human
Resources Division and approved by the City Manager.
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CHAPTER 2
METHOD OF FILLING VACANCIES
SECTION 1 - RECRUITMENT
All employee recruitment activities shall be coordinated through the Human Resources
Division. Recruitment activities by the Human Resources Division or in conjunction with
other City departments shall be done in compliance with federal and state equal
employment opportunity regulations. These recruitment activities will also be conducted
in accordance with the City's Affirmative Action Plan.
SECTION 2 - APPLICATION '
The Human Resources Division will be notified of all existing and anticipated vacancies by
the respective departments. The Human Resources Division shall announce all vacancies
in such a manner so as to promote. affirmative ,action and equal employment opportunity.
Job opportunity announcements will be sent to posting sites throughout the City.
Job opportunity announcements will be posted at the various posting locations for a
minimum period of three (3) working days. All applications must be received through the
Human Resources Division in order for proper application to have been made.
Applications of non-selected candidates will be kept in active files for six (6) months.
The Human Resources Manager shall develop standard operating procedures, to be
approved by the City Manager, for the referral of applicants to departments for final
selection. The procedures shall provide for the hiring official to report the disposition of
all referred applicants to the Human Resources Manager.
SECTION 3 - APPLICANT EVALUATION
Consistent with equal opportunity employment practices, every applicant for a vacancy
shall be given due consideration. The Department Director and Human Resources
Manager shall determine the most appropriate means of evaluating applicants against the
job description and requirements. The City will take every opportunity to hire the best
qualified applicant for the vacated position.
The Human Resources Division and the hiring department may conduct reference checks,
interviews, medical examinations, background checks, performance tests, written tests,
drug screens, and/or other screening procedures as may be appropriate to determine the
most qualified applicant. Documentation from the evaluation processes will become part
of the hiring file for the particular position.
In accordance with affirmative action, protected class applicants will be given equal
consideration for vacant positions.
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SECTION 4 - DISQUALIFICATION
The City may refuse to evaluate, interview, or hire any applicant:
a. who has failed to meet the posted deadline for filing an application.
b. who has failed to make proper and complete application
c. who has made a false statement of material fact on the application.
d. who has committed or attempted to commit a fraudulent act at any stage of
the employment process.
e. who, after a conditional job offer has been extended, is certifiably physically
or mentally unfit for the performance of the essential functions of the position
without reasonable accommodation.
f. who has been convicted of a crime which could be detrimental to the integrity
of the City's service.
g. who has an unsatisfactory driving record, if applicant is applying for a position
which requires operation of a motor vehicle.
h. whose hiring would result in a violation of City's nepotism policy.
i. who was previously terminated or not recommended for rehire by the City.
j. is not in compliance with the Immigration Reform Act of 1986.
k. who tests positive during the pre-employment drug screen.
SECTION 5 - PROMOTIONS POLICY
A promotion is the assignment of an employee from their regular job classification to a job
classification having a higher maximum salary. It shall be City policy to provide
promotional opportunities to existing employees, when possible. A selection process may
be limited to qualified City employees, or such employees may be given preference in
application or consideration. Opportunities for promotion across organizational lines shall
also be possible, contingent on business necessities at the time. All promoted employees
shall serve a six (6) month probation in the new position.
The City Manager may authorize a temporary promotion to ensure the proper
performance of City functions if a position is vacant or its regular incumbent is absent.
Employees temporarily promoted may be additionally compensated for the duration of
their temporary assignments according to the promotional salary range.
Temporary promotions shall not be used to circumvent normal selection procedures. The
employee involved shall not acquire any status or rights in the class to which temporarily
promoted except as provided in this section.
Nothing herein shall be construed to prevent the assignment of higher-level duties to an
employee without additional compensation. Authorized additional compensation may be
paid only in cases of formal temporary promotion effected in accordance with these rules.
When, in the course of the normal budget process, a currently filled position will no longer
exist, but will be replaced with a position having a higher classification, the employee in
the former position may be promoted to the new classification without the formal hiring
process.
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SECTION 6 - TRANSFERS
A regular, full time employee wishing to transfer to a vacant position within the City service
may do so by notifying their immediate supervisor and making formal application. Should
the employee be identified as the top applicant for the position, final arrangements for the
transfer shall be coordinated between the Department Directors of the affected positions.
An employee who wishes to transfer must understand the following terms of the transfer:
a. A six (6) month introductory period will be served in the new position.
b. If the supervisor or the employee is not satisfied in any way during the
introductory period, the employee may ask for a transfer back to the former
position, providing it has not been filled and the respective Department
Directors and the Human Resources Division approve the return to the former
position.
c. Should the employee fail to meet probation and their former position is no
longer vacant, the employee may be separated from the City's service.
Nothing within this section shall prevent a Department Director from transferring an
employee within the department to another position within the department, provided the
new position is a lateral move (same job description and pay range). These administrative
transfers shall abide by the same terms as above. Administrative transfers will not require
a posting of the job opportunity announcement as described in this chapter.
SECTION 7 - NON-DISCIPLINARY DEMOTIONS
A demotion is the assignment of an employee from their regular classification to a job
classification having a lower maximum salary.
A non-disciplinary demotion will require the approval of the Department Director, the
Human Resources Manager, and the City Manager. If qualified to perform the duties of
the lower level position, an employee may be administratively demoted at their own
request, or as an alternative to layoff. Such demotions shall not be considered
disciplinary actions or disqualify the employees involved from consideration for future
advancement. Demotions effected as alternatives to layoffs may be fully or partially
rescinded at any time. Demoted employees shall serve a six (6) month introductory
period.
Disciplinary demotions will be addressed in Chapter 8, Section 3.
SECTION 8 - GENERAL PROVISIONS
It is the intent of the City, through these personnel policies, to ensure that the methods
used in filling vacant positions are equitable, consistent, and efficient. The City Manager
is vested with the authority and responsibility of approving all personnel actions.
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Department Directors and the Human Resources Division shall recruit, evaluate, test, and
ultimately submit a top candidate for any vacant position. The City Manager must
approve the decision to offer employment to anyone other than the qualified top applicant.
The entire employment process must be documented and filed in the Human Resources
Division.
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CHAPTER 3
APPOINTMENT
SECTION 1 - AUTHORITY AND BASIS OF APPOINTMENTS
Except as otherwise provided by Charter or Ordinance, the appointing authority for all City
positions shall be the City Manager. Appointments shall be made based on the
qualifications for applicants as ascertained through fair and practical selection methods.
Appointed individuals shall serve at the pleasure of the City Manager.
SECTION 2 - TYPES OF APPOINTMENTS,
The purpose of categorizing positions within the City service is to designate the nature of
the position's work routine as well as to clarify the eligibility of benefits provided to the
particular type of position.
There shall be two types of appointments: regular and temporary. Regular appointments
are further divided into:
1. Regular full-time employees are those who work a minimum of forty (40)
hours per week on a regular basis or fifty-three (53) hours per week for
24 hour shift personnel.
2. Regular part-time employees are those who work less than forty (40)
hours per week on a regular basis. Regular part-time employees in the
24 hour shift job class may work over 40 hours per week but less than
53 hours per week.
Temporary employees can be either full or part-time.
1. Temporary full-time employees are those who work a minimum of forty
(40) hours per week, or fifty-three (53) hours per week for 24 hour shift
personnel, but are employed for only a specified period of time or for a
special job task or project.
2. Temporary part-time employees are those who work less than forty (40)
hours per week, or less than fifty-three (53) hours per week for 24 hour
shift personnel, for a specified period of time or for a special job task or
project.
A work week is defined as the period of time between 12:01 a.m., Monday morning and
midnight Sunday.
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SECTION 3 - BENEFITS ELIGIBILITY
Regular full-time employees are eligible to receive the full scope and level of benefits
offered by the City. Regular part-time employees are not eligible to receive any benefits
other than worker's compensation coverage. Temporary employees, whether full or part-
time are not eligible to receive any benefits other than worker's compensation coverage.
SECTION 4 - EMERGENCY TEMPORARY APPOINTMENTS
During an emergency, where th~ services of personnel who are not otherwise available
may be needed, the City Manager may immediately appoint such personnel without
regard to normal selection and appointment methods. This category of personnel is
hired on a temporary basis and, therefore, is not eligible for benefits other than worker's
compensation coverage.
SECTION 5 - INTRODUCTORY EMPLOYMENT PERIOD
Every person appointed, reinstated, promoted, demoted, or transferred within the City
service shall be required to successfully complete an introductory period of six (6)
months.
Department Directors and supervisors shall use the introductory period to closely observe
and evaluate the work and fitness of the employee and to encourage adjustment in their
work performance to better fulfill the expectations of the job description. Only those
employees who maintain acceptable work performance during their introductory periods
shall be retained.
An introductory employee's evaluation period may be extended up to 60 days to allow
for closer scrutiny of the employee's work.
Introductory employees who are injured on or off the job, and are out for a period of time,
may have their introductory period extended for the same amount of time as they were
out.
Any introductory extensions must have the City Manager's approval prior to any action
being taken. '
SECTION 6 - FAILURE OF INTRODUCTORY PERIOD
An employee shall fail the introductory period when, in the judgement of the Department
Director, the employee's fitness, quantity and/or quality of work are not such as to merit
continuation of employment. Failure of the introductory period may occur at any time
within the introductory period and shall not be considered part of the disciplinary process.
As with any employment case, Department Directors and supervisors shall ensure the
thorough documentation of all cases of failure of the introductory period.
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Failing the introductory period shall not be subject to any further review, except on the
grounds of discrimination prohibited by law, in which case the employee may request in
writing within five (5) working days following notice of their failure of the introductory
period the City Manager to review the matter. The decision of the City Manager shall be
binding and final.
SECTION 7 - REINSTATEMENT
A former employee may be eligible for reinstatement if any of the following conditions
apply.
1. The former employee is medically certified and capable to return to work.
Reinstatement shall be contingent upon availability of the same or similar
position as separated from, as well as continued ability to perform the
duties of the position. Prime consideration will be afforded these
individuals for twelve months following their nondisciplinary separation.
2. The employee is returning from a military duty leave of absence in
accordance with applicable State and Federal law.
3. The employee is being rehired after having been laid off.
The restoration of seniority or service credit upon reinstatement, if any, shall be
determined by the City Manager, Department Director, and the Human Resources
Manager.
An employee reapplying for employment after resigning or being terminated for reasons
other than stated above,shall follow the normal application process as outlined in Chapter
2.
SECTION 8 - NEPOTISM
No person related, within the second degree affinity, or within the third degree by
consanguinity, to the Mayor or any Council person or to the City Manager shall be
employed or appointed to any office, position" or clerkship of the City. This prohibition
shall not apply, however, to any person who shall have been employed for two (2) years
or more by the City at the time of the election or appointment of the officer to whom he
is related. (City Charter Provision 8.02, subsection c.)
The spouse (husband or wife) of an employee shall not be eligible for employment in the
same department.
No person shall be employed in any department who is related within the second degree
by affinity or within the third degree of consanguinity to a current employee in that same
department.
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The City Manager may apply the nepotism prohibition in other organizational relationships
when failure to do so would be detrimental to the City.
In the event two City employees are in violation of the nepotism policy, both employees
shall be consulted and the two employees, jointly, shall make the decision as to which one
shall leave City employment. In such cases where the two employees cannot reach
agreement within ten days of written notice, the City Manager shall make the decision as
to which one shall leave City employment, which decision shall be binding and final.
SECTION 9 - RESIDENCE
Employees who may be subject to emergency call and/or periodic service in a stand-by
status may be required to establish residency within a reasonable distance from the
principal work site to assure a timely response, as determined by each departmental rules
and policies.
SECTION 10 - PHYSICAL AND MENTAL FITNESS
An applicant selected for initial appointment or reinstatement may be required to undergo
a medical examination, at City expense, by a doctor chosen by the City. Employment,
whether original or continued, shall be contingent upon successful completion of the
medical examination if one is required in relation to the fitness required for the position
involved. Acting on information provided by a medical doctor, the City Manager shall be
the final authority in determi~ing medical suitability for employment.
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CHAPTER 4
EVALUATIONS
SECTION 1 - PURPOSE
The work performance of each employee shall be evaluated in accordance with
procedures promulgated by the Human Resources Division with the approval of the City
Manager. Employee evaluations are designed to:
1. Counsel the employee regarding their job performance in relation to their job
description within the time parameters of the evaluation period.
2. Serve as input for any salary adjustment.
3. Provide a tool for management decisions regarding employee developmental
needs, training, assignments, promotions, demotions, and retention.
An employee work performance evaluation is a valuable opportunity for both the employee
and supervisor to formally communicate about all aspects of a job and the work
performance expected for that particular job.
SECTION 2 - PERFORMANCE EVALUATION REPORTS
The work performance of all employees shall be evaluated in accordance with established
procedures and guidelines as promulgated by the Human Resources Division and
approved by the City Manager. Each employee shall be evaluated at least once every six
months of employment and at least twice a calendar year. Introductory employees shall
be evaluated after three months of employment and again after six months of employment
before regular employment may begin.
Supervisory personnel shall discuss the performance evaluation report with the affected
employee and counsel the employee regarding, his or her work performance in relation
to expectations specified in the job description. The supervisor shall also offer
constructive suggestions on expected performance improvements which appear desirable
or necessary.
Employees dissatisfied with their performance evaluations may seek reconsideration by
using established complaint procedures. See Chapter 8, Section 5.
,
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CHAPTER 5
COMPENSATION
SECTION 1 - POSITION CLASSIFICATION
The Human Resources Division shall prepare and maintain a position classification plan
for all budgeted City positions. In this plan, all positions shall be assigned an official
classification title, a formal description of duties, and minimum qualifications. Position
reclassification must be reviewed by the Human Resources Division and approved by the .
City Manager.
All City positions are further classified as either exempt or nonexempt, in.accordance with
the Fair Labor Standards Act guidelines, and shall be so stated on the employees' job
description. Per FLSA guidelines, exempt employees are not legally entitled to overtime
compensation but may be so compensated at the discretion of the City. Nonexempt
employees are eligible to receive overtime pay.
SECTION 2 - BASIS OF COMPENSATION
The Human Resources Division shall prepare and maintain salary schedules and a salary
administration plan which will be the basis of the compensation and benefits program.
Employees shall be paid salaries or wages in accordance with the compensation and
classification plans. Both the compensation and classification plans shall be approved by
the City Manager and City Council.
The Human Resources Division shall conduct salary and benefits surveys for the purpose
of recommending to the City Manager, compensation and benefit plan guidelines.
Consideration shall be given to prevailing wage rates among public and private employees
to ensure that the City's total compensation levels are kept current, equitable, and
competitive.
SECTION 3 - SALARY ADMINISTRATION
The City may have one or more salary schedules which correspond with the position
classification plan. All salary schedules shall be administered in accordance with the
following policies:
1. A newly appointed employee shall ordinarily be compensated at the lowest
step of the salary range of the position being appointed to. The City Manager
may approve the hiring of an employee above the minimum recommended
salary for that job classification, provided that, the employee exceeds the
qualifications for the position.
2. A newly promoted employee shall ordinarily be compensated at the lowest
step of the new salary range which would provide an increase in pay over that
received in the previous class or salary range. An employee being laterally
transferred shall continue to receive the same salary and retain the same
eligibility date for pay increases.
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3. Subject to budgetary limitations, salary adjustments may be granted to
deserving employees as specified in salary administration guidelines
promulgated by the Human Resources Division and approved by the City
Manager. Careful consideration must be given to the work performance of
an evaluated employee before salary adjustments are recommended by the
Department Director, and approved by the Human Resources Division and the
City Manager.
4. An employee newly hired, reinstated, promoted, or demoted shall, upon the
successful completion of their introductory period, be eligible to receive a
salary adjustment unless otherwise agreed upon by the employee and the
Department Director. .
5. An employee voluntarily or involuntarily demoted shall be compensated on a
step of the new salary range as administratively determined by the Department
Director, the Human Resources Division, and the City Manager.
6. A former employee reinstated pursuant to provision of the salary
administration guidelines shall be ,compensated at a step of the prescribed
salary range as administratively determined by the Department Director, the
Human Resources Division, and the City Manager.
SECTION 4 - METHOD OF PAYMENT
Employees shall receive a paycheck every other Friday. The paycheck will ordinarily
cover the preceding pay period. A pay period is completed every two (2) weeks and ends
at midnight the Sunday prior to the next Friday payday.
If a payday falls on a holiday, paychecks will be issued the last business day prior to the
holiday. Employees may receive a paycheck one day early only for the following reasons,
provided that the Finance Department, through its normal course of duties, has printed
payroll checks:
1. A bona fide emergency situation as administratively determined by the
Department Director, the Human Resources Division, and the City Manager.
2.. Employee will be out of town on payday on City business.
3. . Employee will be out of town on scheduled vacation leave.
Paychecks will be given to someone other than the employee ONLY if the employee
provides advance written and signed permission to the departmental representative
responsible for distributing paychecks.
SECTION 5 - SEPARATION PAY
Employees who terminate employment prior to completion of one full year of regular full
time service, will not be eligible to receive accrued leaves on their separation paycheck.
Employees terminating as 'benefits eligible' shall be those who provide two weeks written
notice of their resignation and return any City property issued to them and have been
employed more than one full year in a regular full time position with the City.
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A terminated or resigning employee shall receive their separation paycheck in accordance
with Article 5155 of the Revised Civil Statutes of Texas, which states:
(c) An employee who is discharged from employment must be
paid in full not later than the sixth day after the date the employee
is discharged.
(d) An employee who leaves employment other than by discharge
must be paid in full not later than the next regularly scheduled
payday.
Any employee who does not return City issued property shall have the cost of the
property deducted from their final paycheck.
SECTION 6 - OVERTIME PAY
Employees shall work overtime hours when necessary with the advanced approval of
their Department Director. All overtime eligible employees shall be compensated for any
approved overtime at a rate of one and one-half times their regular hourly rate.
Employees who regularly work forty (40) hours per week shall receive an overtime pay
rate for all hours worked above forty in the work week. A work week is defined as that
period of time between 12:01 a.m., Monday morning and midnight Sunday.
Under the Fair Labor Standards Act and amendments of 1985, the City of La Porte has
elected to utilize exception 7(k) and has established a 28 day work cycle for its
employees who regularly work 24 hour shifts. The recognized average work week for
these employees is 53 hours. For 24 hour shift personnel, the work week shall begin and
end at the start of the first work shift after Sunday midnight.
Calculation of overtime pay for 24 hour shift personnel shall be based on the number of
hours worked over 212 in a 28 day work cycle. Overtime pay will be calculated and
employees compensated for hours worked over 212 at the conclusion of the 28 day cycle
or every other payday.
Hours worked is defined for all personnel to mean hours of physical presence at a job
site and the following excused leaves:
1. Injury leave/worker's compensation
2. Approved holiday leave
3. Emergency leave
4. Jury service
5. Military leave
6. Vacation
7. Sick Leave
The following leaves shall not be construed as hours worked in the calculation of
overtime:
1. Administrative leave with pay
2. Authorized leave without pay
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SECTION 7 - STANDBY DUTY PAY
Overtime eligible employees who are required to be on standby duty shall be
compensated at a predetermined rate per day or any portion of the day officially on
standby status, which is not a normal work day. Employees scheduled for standby duty
must be able to be at the work site within one hour of the call to work.
Overtime eligible employees who work during their assigned standby duty period shall be
paid at one and one-half times their regular basic hourly pay rate as well as the standby
duty pay, if the hours worked meet the criteria above for overtime payments.
Standby pay shall not be paid to any employee:
(1) who is placed on standby due to emergency situations
such as hurricanes and floods.
(2) who is placed on standby while awaiting court proceedings.
SECTION 8 - LONGEVITY PAY
Longevity compensation is a benefit for length of continuous regular full time employment
with the City. On the first of December each year all regular full time employees who
have completed one full year's service with the City, will be paid this benefit. The benefit
is calculated on the basis of the number of months of continuous service at the rate
established by City Council.
Employees voluntarily or involuntarily terminating their employment are eligible to receive
longevity pay based upon their completed months of service, provided that the
termination is designated "benefits eligible" by the Department Director.
Employees terminating their employment as a result of retirement under the City's
approved retirement system shall, upon retirement, receive a longevity payment equal to
the number of completed years of service times the predetermined rate, times the number
of completed months of service since the last longevity payment. .
SECTION 9 - JURY DUTY
Employees shall be granted reasonable leave of absence from regular work hours when
called for jury service. This authorized absence is for the duration of the jury service only.
Employees who miss regularly scheduled work hours due to jury service shall return to
work upon completion of daily jury service, provided there are regular work hours
remaining. Employees on authorized leave for jury service shall receive compensation at
their regular pay rate for a reasonable time, in addition to any pay received for jury
service. Documented jury service slips must be furnished to the Department Director in
order for the absence to be authorized.
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SECTION 10 - RETIREMENT BENEFIT
All regular full time employees are required to participate in the Texas Municipal
Retirement System program and shall be eligible for immediate participation. The
provisions of the retirement program are covered in the TMRS Handbook, available in
the Human Resources Division. Additionally, all regular full time employees shall be
provided with the TMRS Handbook upon employment with the City.
While the City attempts to convey the various benefit programs to the employee, it is the
responsibility of the employee to be cognizant of date driven benefits such as retirement
and associated programs.
SECTION 11 - CERTIFICATION PAY
Certification pay shall be administered by the departments with an approved certification
pay program. All certification.. programs within the City shall be reviewed by the Human
Resources Manager prior to approval by the City Manager.
SECTION 12 - EDUCATIONAL REIMBURSEMENT POLICY
The City provides educational reimbursement to regular full time employees who attend
a course or sources of study on their off duty hours at a pre-approved institution or
through an approved correspondence school. Educational reimbursement is intended to
help employees maintain a satisfactory level of knowledge and expertise in their present
position as well as to help them develop their skills and increase their potential for future
advancement with the City.
The course(s) must be directly related to the employee's job, and must be approved prior
to registration by the Department Director and the Human Resources Manager. The City
will not pay for employees' degree programs but may reimburse questionable courses
if both the Department Director and the Human Resources Manager approve it. The City
Manager will decide any outstanding issues.
The City will reimburse the employee the cost of tuition, lab fees, books, valid campus
parking fees, and building use fees for pre-approved courses. The employee must
receive a passing grade of C or above in order to receive reimbursement. This training
assistance does not pay for courses already covered by Veteran or other educational
assistance, nor does it cover any incidental expenses such as deposits, supplies, or other
personal expenses.
Employees attending courses under this educational reimbursement program will not be
compensated for their course work as hours of work.
Budget responsibility resides with each Department Director and such funds will be paid
out of each departmental budget.
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Continuing education courses required through established goals and objectives on an
employee's evaluation, may be prepaid by the City with approval by the Department
Director. A certificate of completion shall be required and shall be turned in to the Human
Resources Division for placement in the employee's file. Any employee who does not
complete a prepaid course, or does not submit a certificate of completion, shall be
excluded from any future prepaid options.
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CHAPTER 6
ABSENCE
SECTION 1 - GENERAL AlTENDANCE
Employees shall be required to be at their places of work in accordance with these rules
and their departmental regulations. All departments shall maintain daily attendance
records. .
Regular full time personnel are scheduled to work forty (40) hours per week or 2,080
hours per year. Twenty-four (24) hour shift personnel will be scheduled to work a
minimum of fifty-three (53) hours per week or 2,756 hours per year.
SECTION 2 - EXCUSED ABSENCE
Excused absences are defined as those which are outlined in this chapter and approved
by the Department Director. Examples of some excused absences are paid sick leave,
vacation, holidays, emergency leave, and injury leave.
To be eligible for an excused absence of sick or emergency leave, an employee must
contact their supervisor no later than fifteen (15) minutes after the start of the employee's
regularly scheduled starting time, unless superseded by departmental rules. Other
excusable leaves of absence shall be pre-approved by the Department Director according
to department regulations.
Employees must provide their supervisor with the reason for the absence and the date
and time the employee expects to return to work. The fifteen minute provision may be
waived by the supervisor due to extenuating circumstances.
SECTION 3 - UNEXCUSED ABSENCE
Unexcused absence may be defined as follows. This list is not intended to be all
inclusive:
1. Tardiness
2. Unverified sick time
3. Unauthorized time off
4. Failure to call supervisor within fifteen minutes as outlined in Section 2.
An employee may be required to furnish a doctor or hospital statement to the supervisor
verifying an illness or accident and medically releasing the employee from any of the
following circumstances in order for the absence to be considered excused:
1. When an illness or accident caused the employee to be hospitalized.
2. When the absence was for more than three (3) consecutive work days.
Twenty-four hour shift personnel may be required to submit said medical
statement if absence exceeded two (2) consecutive work days.
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.
3. When the absence 'occurred on a regularly scheduled work day preceding or
following a holiday or regularly scheduled vacation day.
4. When the employee's return to work will pose a direct threat to the safety or
health of others.
5. When an employee is under the physical report status provision of the sick
leave policy.
SECTION 4 - REPEATED UNEXCUSED ABSENCES
Employees repeatedly incurring unexcused absences shall be subject to disciplinary
action as follows:
1. An employee with one (1) unexcused absences in any six (6)
month period shall receive a written warning by their supervisor.
2. An employee with two (2) unexcused absences in any (6) month
period shall be suspended without pay for a maximum of one (1)
work day and shall be placed on probation.
3. An employee with three (3) unexcused absences in a six (6) month period
shall be terminated.
4. Unexcused absences from work for a period of three (3) consecutive working
days shall be considered as a voluntary resignation. Twenty-four hour shift
personnel with unexcused absences of two (2) consecutive shifts shall be
considered as a voluntary resignation.
Each occurrence of an unexcused absence shall initiate an additional six month period.
SECTION 5 - HOLIDAY LEAVE
The following is a list of approved holidays:
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
Employee Discretionary Day
January 1
Friday before Easter
Last Monday in May
July 4
First Monday in September
Fourth Thursday and Friday in November
December 24
December 25
Designated by Employee
If an official City holiday occurs on a Saturday, it will be observed on the Friday before.
If an official City holiday occurs on a Sunday, it will be observed on the Monday after.
Shift personnel will observe official City holidays on the actual day of observance.
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Regular full time employ~es will be paid one work day's pay for each holiday. To be
eligible for holiday pay, the employee must work the scheduled work days preceding and
following the holiday unless an excused absence exists, as approved by the Department
Director.
Employees scheduled to work on a holiday, and who fail to work as scheduled, without
an excused absence, will not be eligible for holiday pay. An employee required to work
on a holiday will receive the holiday pay plus the overtime rate of one and one half times
the regular rate of pay for hours worked.
Official City holidays shall be considered the same number of hours as an employee's
regular work day.
SECTION 6 - VACATION LEAVE
The following applies for vacation leave:
1. Regular full time employees shall accrue vacation leave, by the hour,
each pay period.
2. A regular full time employee must be employed by the City for seven (7)
months and must have successfully,completed any introductory period
before being eligible to use accrued vacation.
3. Vacation leave shall be scheduled with the employee's supervisor as far
in advance as possible. Use of vacation leave shall be at the
convenience of the employee. However, vacation leave will not be
allowed to interfere with the normal functions of City operations. Should
there be a conflict between one or more employees regarding the dates
of vacation leave, preference may be given to the employee with the
longest length of service with the City.
4. Vacation leave is accrued as follows:
A. Employees whose regularly scheduled work week is forty (40) hours:
Years of Service
1-5
6-10
,11-15
16 +
Hours Accrued
Per Pay Period
3.077
4.616
6.154
7.693
Vacation Leave
Per Year
80 hours
120 hours
160 hours
200 hours
B. Employees whose regularly scheduled work day is twenty four (24)
hours and who were hired on or after October 1, 1~84:
Years of Service
1-5
6-10
11-15
16 +
Hours Accrued
Per Pay Period
4.616
7.3847
9.2308
12.000
Vacation Leave
Per Year
120 hours
192 hours
240 hours
312 hours
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C. Employees whose regularly scheduled work day is twenty four (24)
hours and who were hired prior to October 1, 1984:
Hours Accrued
Years of Service Per Pay Period
6 + 13.846
Vacation Leave
Per Year
360 hours
5. Employees eligible for vacation are strictly prohibited from having
accrued more than one and one half (1.5) times their annual accrual rate.
Eligible employees shall take vacation leave each year and will not be
paid in lieu of vacation leave.
6. Employees who are eligible for vacation who terminate under a benefits
eligible status, after completing one year of employment, shall receive,
upon separation, payment for accrued, unused vacation leave, up to one
and one half times the employee's yearly accrual rate. This payment is
calculated by multiplying the. employee's final hourly pay rate by the
number of accrued but unused vacation leave hours that the employee
has remaining. All applicable tax deductions will apply.
7. An employee on approved vacation leave who becomes ill during their
leave may have the leave changed to sick leave for the period of the
illness. The employee shall be required to show a medical statement,
signed by a doctor, verifying the illness.
8. Vacation leave may not be taken in periods of less than one regularly
scheduled work day.
9. An employee's designated beneficiary will be paid eligible, accrued, and
unused vacation leave upon the death of the employee.
SECTION 7 - SICK LEAVE
The following applies to sick leave:
1. Regular full time employees shall accrue sick leave at the rate of 4.615
hours per pay period. Twenty four hour shift personnel shall accrue sick
leave at the rate of 7.385 hours per pay period. Accrual of sick leave
shall be unlimited.
2. Sick leave shall not be used for unexcused absences.
3. Sick leave exceeding five (5) work days in any six month period may
cause an employee to be placed on physical report status. Employees
under this status shall be required to submit to their supervisor a medical
doctor's statement of fitness for duty upon returning to work from an
illness. Failure to submit such medical statement may result in
disciplinary action. Physical report status shall remain in effect for six (6)
months from the date of the action.
4. Department Directors shall be responsible for reporting sick leave on
employees' time cards.
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5. Regular full time employees, hired prior to November 19, 1991, who
terminate under a benefits eligible status, after one year of employment
with the City, shall receive, upon separation, payment for accrued but
unused sick leave, not to exceed four hundred eighty (480) hours.
Twenty four hour shift personnel who terminate under the same
conditions as above, shall be paid for accrued but unused sick leave, not
to exceed seven hundred and sixty-eight (768) hours. All applicable tax
deductions will apply. .
Regular full time employees, hired November 19, 1991, and thereafter,
who terminate under a benefits eligible status, after ten (10) years of
employment with the City, shall receive, upon separation, payment for
. accrued but unused sick leave, not to exceed four hundred eighty (480)
hours. Twenty four hour shift personnel who terminate under the same
conditions as stated in this paragraph, shall be paid for accrued but
unused sick leave, not to exceed seven hundred and sixty-eight (768)
hours. All applicable tax deductions will apply.
6. An employee's designated beneficiary shall be paid eligible, accrued, and
unused sick leave, with the same stipulations as above, upon the death
of the employee.
SECTION 8 - MILITARY LEAVE
Military leave may be either military training leave or military duty leave (active duty).
Military training leave shall be leave with pay. Active duty shall be leave without pay.
An employee of the City and who is a member of the state military forces or a reserve
component of the armed forces is entitled to leave of absence from their duties on a day
on which the person is engaged in authorized training or duty ordered or authorized by
proper authority. During a leave of absence, the employee may not be subjected to loss
oftime, efficiency rating, vacation time,or salary. Leaves of absence under this paragraph
may not exceed 15 days in a federal fiscal year. (Texas Government Code, Section
431.005)
Regular employees who present official induction orders (drafted or reserve unit call up)
to enter the United States Armed Forces, the Texas National Guard, or the Texas State
Guard will be eligible for military duty leave without pay. At the time of military discharge,
the employee shall be reinstated at a position comparable to what the employee would
have attained had he not been on active duty. This shall include any promotions and/or
pay raises for which the employee would have been eligible had the employee been at
work instead of active duty. (Per federal law - 38 USC 2021 et seq)
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SECTION 9 - EMERGENCY LEAVE
In the case of unscheduled surgery, or a sudden and/or serious illness, injury, or death
to a member of an employee's immediate family which requires the employee's personal
attention and care, a regular, full time employee may be allowed absence with pay for
the time away from work. Emergency leave shall be granted for up to three (3) work
days for no more than a total of two (2) times in anyone (1) calendar year. Emergency
leave not taken shall not accrue nor will any unused emergency leave be paid upon
termination. Immediate family shall be defined as follows:
Spouse
Child or grandchild
Brother or Sister (employee and spouse)
Parents or Grandparents (employee and spouse)
Foster parents (but not both foster parents and natural parents)
Additional leave may be granted with the approval of the Department Director. This
additional leave will be charged to the employee's sick leave account. Evidence of death
or serious illness satisfactory to the Department Director may be left to the director's
discretion.
SECTION 10 - ADMINISTRATIVE ABSENCE WITH PAY
An employee ordered not to report to work or who can not report to work because of
inclement weather or disaster may be granted administrative absence with pay if
recommended by the Department Director and approved by the City Manager. These
employees shall be paid for a normal work day.
Employees shall be granted sufficient administrative absence with pay, when necessary,
in order to vote in an official election. Additionally, a Department Director may grant an
employee administrative absence with pay for purposes of attending a professional
conference, convention, training activity, legislative proceeding, civic function or meeting,
or for purposes of coordinating with governmental and private agencies and entities in the
interest of the City.
SECTION 11 - AUTHORIZED LEAVE WITHOUT PAY
In circumstances not falling within other provisions of these rules, the Department Director
may authorize an employee to take leave without pay under such terms and conditions
as may be mutually agreeable up to a maximum of two calendar weeks. Authorized leave
without pay in excess of two weeks must be approved by the City Manager.
SECTION 12 - ABSENCE WITHOUT LEAVE
An employee failing to report to duty or remain at work as scheduled without proper
notification, authorization, or excuse shall be considered absent without leave and shall
not be in pay status for the time involved.
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SECTION 13 - ON DUTY INJURY LEAVE
All employees shall adhere to the following upon incurring an on the job injury:
1. Any employee, full or part time, injured while in the performance of
assigned duties must immediately report to their supervisor unless
physically unable to do so. An injury report must be completed within
twenty-four (24) hours of the injury and submitted to the Human
Resources Division. Failure to report such injuries may be subject to
disciplinary action.
2. The City shall pay the injured employee for normal working hours at their
regular pay rate during the first seven (7) calendar days that they are
absent from work.
3. If the injured employee must be absent from work for more than seven
(7) calendar days, workers' compensation may pay an amount as set
forth in the Workers' Compensation Act. The City will provide a salary
continuation plan for injured employees which will provide the difference
between the employee's regular pay and that portion of the salary paid
by workers' compensation insurance.
If an injured employee is absent from work for more than 28 days, due
to an on the job injury, they will receive a check from the City's workers'
compensation insurance carrier for the first seven days of injury leave.
Because the City has salary continuation and the employee has already
been compensated for this time period, they must return the check to the
Human Resources Division. Employees who fail to sign this check over
to the City may be subject to disciplinary action and shall have the
amount deducted from their next payroll check.
The combined total of the City's salary continuation program and the
workers' compensation insurance check shall not exceed the employee's
regular salary. Employees who receive workers' compensation
payments in excess of the amount indicated must sign such checks over
to the City and submit them to the Human Resources Division. Failure
to do so may result in disciplinary action and/or payroll deduction from
the employee's paycheck to cover the overpayment.
4. The City's salary continuation program will extend for a maximum period
of ninety (90) calendar days beginning on the eighth day of absence for
a particular injury. At the conclusion of this ninety day period, the
employee may begin to use their accrued sick and vacation leave which
will be used to provide the difference between the employee's regular
pay and that portion of the salary paid by workers' compensation
insurance. If the employee chooses not to use their accrued leave
balances, all salary continuation payments cease and the employee will
receive only that amount provided by workers' compensation.
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5. During injury leave, an employee shall report to the Human Resources
Division at least once per week, and shall be responsible for compliance
with their medical care and treatment. Failure to do so may subject the
employee to disciplinary action. Additionally, if at any point, information
is obtained that the injured employee is able to return to work but is not
willing to do so, disciplinary action may be taken and suspension of
further injury leave may occur.
6. If an injured employee receives a partial or light duty medical release
statement from their doctor AND if light duty can be arranged and/or
approved by the Department Director, the employee may be placed on
light duty until a full release from their doctor is obtained. The light duty
medical, release statement must indicate what limitations have been
placed on the employee. Upon full release by their physician, the
employee shall be removed from light duty.
7. An employee on injury leave shall not continue to accrue sick and
vacation leave.
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CHAPTER 7
CONDUCT
SECTION 1 - WORK STANDARDS
It shall be the duty of each employee to maintain high standards of cooperation,
efficiency, and economy in their work for the City. Department Directors shall organize
and direct the work of their departments to achieve these objectives.
If the work habits, quality or quantity of work and/or work conduct of any employee falls
below those standards expected by the supervisor, or outlined in the employee's job
description, then the employee shall be counselled regarding the matters in question.
Counseling of the employee in sufficient time for improvement should ordinarily precede
formal disciplinary action, but nothing herein shall prevent immediate formal action, as
provided for in Chapter 8, Section 3 of these rules, whenever required in the best interest
of the City.
SECTION 2 - SOLICITATION AND DISTRIBUTION
Distribution of literature and solicitation on City property by employees is forbidden under
the following circumstances:
1. Employees are prohibited from distributing non-work related literature of
any kind during their working time or any time in working areas on City
property .
2. Employees are prohibited from engaging in solicitation of any kind during
the working time of the person soliciting or the working time of the
person being solicited.
SECTION 3 - GAMBLING
Gambling, in any form, shall not be permitted on any City property, by any City employee,
while on duty. .
SECTION 4 - PERSONAL APPEARANCE
All employees, regardless of work location and degree of public contact, shall dress in a
manner consistent with their departmental regulations. Department Directors may
establish uniform and equitable dress standards for the various divisions within their
departments.
SECTION 5 - EMPLOYEE FINANCIAL OBLIGATIONS
All employees are required to manage their personal financial affairs separately from their
careers with the City. If or when personal financial affairs interfere with an employee's
ability to perform their job duties, disciplinary action may be taken.
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SECTION 6 - SEXUAL HARASSMENT
Sexual harassment is illegal under both Federal and Texas law and will not be tolerated
at any level by the City. It is the policy of the City to provide and maintain a work place
for each of its employees which is free from sexual harassment. While it is not the
purpose of this policy to regulate an employee's personal morality, harassment is an act
of misconduct subject to the disciplinary process up to and including termination.
Any employee who is found to have sexually harassed another City employee, or other
persons with whom the accused employee has had interaction as a result of their status
as a City employee, will be subject to disciplinary action. All supervisors shall be
responsible for implementing and monitoring compliance with this policy.
Sexual harassment includes, but. is not limited to, unwelcome or undesired sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual
matter, particularly when submission is made a term or condition of an individual's
employment, promotion, or favorable evaluation, either explicitly or implicitly, or the
conduct has the purpose or effect of unreasonably interfering with an individual's work.
A supervisor who becomes aware of any sexual harassment, or who receives allegations
of sexual harassment from an employee, must immediately notify their Department
Director and the Human Resources Manager. The determination of whether or not sexual
harassment has occurred will be made on a case by case basis. All reports and
recommendations shall be forwarded to the City Manager for immediate and appropriate
action.
SECTION 7 - OPERATION OF CITY OWNED VEHICLES OR EQUIPMENT
All employees who are required to operate City owned vehicles or equipment shall do so
in a safe and prudent manner in compliance with all laws. Improper and/or unsafe
operation of vehicles or equipment is justification for disciplinary action.
All employees who have operating vehicles or equipment as a responsibility of their
position classification must have and maintain a proper driver's license and an acceptable
driving record. Improper license or unacceptable driving record, or uninsurability or
exclusion of an employee by the. City's insurance carrier, is justification for transfer,
demotion, or termination.
Any employee whose driver's license is suspended for any reason shall notify their
supervisor and the Human Resources Division immediately.
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CHAPTER 8
DISCIPLINE, REVIEWS, AND COMPLAINTS
SECTION 1 - BASIS FOR DISCIPLINARY ACTION
It shall be the City's policy to correct employee job deficiencies when they occur.
Supervisors shall deal directly with employee performance deficiencies and employees
shall be treated fairly and consistently.
In implementing the disciplinary procedures outlined below, a supervisor shall consider
such factors as the type and severity of the offense, the employee's work record, and any
mitigating circumstances surrounding the particular offense. Any disciplinary action taken
with which the employee disagrees may be reviewed by the Department Director and/or
the City Manager
The City shall consider the following as constituting a basis for disciplinary action up to
and including discharge. This list is not all inclusive and is not intended to be limited to
the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Misconduct
Illegal, unethical, abusive, or unsafe acts
Violation of any portion of the personnel policies
Violation of other City department rules and/or regulations
Absenteeism and/or repeated tardiness
Insubordination
Work performance inefficiency
Abuse of leaves provided
Falsification of official documents or records
Being under the influence or use of drugs or alcohol while on duty
Unauthorized use of City records, material, or equipment
SECTION 2 - TYPES OF DISCIPLINARY ACTION
Formal disciplinary action taken shall be consistent with the nature of the deficiency or
infraction involved and the work history of the employee. The recommended steps of
progressive discipline are as follows, but should not be interpreted as a certain chain of
events as the City reserves the right to administer any disciplinary action up to and
including discharge, depending on the nature, scope, and severity of the offense and
totality of the circumstances surrounding such events: oral reprimand, written reprimand,
probation, suspension, demotion, and termination.
The City will attempt to follow progressive steps of disciplinary action whenever possible
to provide reasonable opportunity for performance correction but ultimately reserves the
right to employ any of the aforementioned actions for a particular deficiency or infraction
depending upon the exact circumstances of the deficiency or infraction. An employee
may be formally advised at any time that he or she may be dismissed or otherwise
disciplined for further unsatisfactory performance and/or conduct.
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SECTION 3 - STEPS IN THE DISCIPLINARY PROCESS
One or more of the following disciplinary measures may be taken depending on the
particular circumstances surrounding an offense. An employee shall be provided with a
warning with time to improve performance. whenever possible. prior to suspension or
termination. The recommended steps of progressive discipline are as follows, but should
not be interpreted as a certain chain of events as the City reserves the right to administer
any disciplinary action depending on the nature. scope. and severity of the offense:
1. Oral Reprimand - For the first violation of a particular policy or regulation. an
oral reprimand may be given identifying any violation(s) and indicating needed
improvement. A written record of this warning shall be placed in the
employee's personnel file.
2. Written Warning - In the interest of a more formal type of disciplinary action.
an employee may receive a written reprimand. This written reprimand shall
describe the deficiency or infraction, cite the violated policy or regulation, and
state the likely consequences of further unsatisfactory performance or
conduct. The written warning shall be signed by the employee and their
supervisor and placed in the employee's personnel file.
3. Disciplinary Probation - An employee may be placed on disciplinary probation
for a specified period of time in order to allow the employee to show
improvement regarding the problem specified. The written document placing
an employee on disciplinary probation must include identification of the
problem area. the required necessary improvement. the specific length of
introductory status and the further disciplinary action which could result from
failure to show satisfactory improvement. This document shall be placed in
the employee's personnel file.
4. Suspension - A supervisor may, with the Department Director's approval.
suspend an employee without pay for a maximum of fifteen (15) calendar
days in one calendar year. The written suspension notice must contain the
reason for the suspension. other examples of policy or regulation violations.
if any. the consequences of a recurrence of the violation or infraction, the
period of suspension, and the review procedure. This document shall be
placed in the employee's personnel file.
When an employee is under investigation for a crime or official misconduct.
or is awaiting a hearing or trial in a criminal matter. they may be suspended
without pay for the duration of the proceedings when such suspension would
be in the best interest of the City. If the investigation or proceedings clear the
employee, they shall be reinstated at the same position.
Employees on suspension shall not accrue any sick or vacation leave during
the suspension. If, after the review process, the suspension is overturned,
the employee's sick and vacation leave shall be adjusted accordingly.
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5. Involuntary Demotion - An employee may be demoted to a position whose
salary range does not offer the same ultimate salary potential as the original
salary range. Additionally, the demoted employee's salary may be reduced
by a factor of fifteen (15) percent. Involuntary demotions shall be made in
written, form and shall provided the reason(s) for the disciplinary action, the
likely consequence of further unsatisfactory performance and/or conduct, and
the review process. This document shall be placed in the employee's
personnel file. A demoted employee shall not be disqualified from
consideration for later advancement.
6. Termination - An employee may be terminated from further employment with
the City as a final step in the progressive discipline process. Excepting those
types of policy or regulation violations that warrant immediate termination, this
disciplinary step will be employed as a final step that must be approved by
the Department Director, reviewed by the Human Resources Manager, and
approved by the City Manager. A letter of termination shall be provided to the
employee describing the performance deficiency and/or policy or regulation
violations as well as a reminding the employee of the Department Director
and/or City Manager review option.
SECTION 4 - REVIEW OF DISCIPLINARY ACTION
This section applies to reviews by the City Manager after normal chain of command
reviews (Supervisor, Division Head, Department Director) have been made.
Disciplinary action taken may be reviewed by the City Manager if the employee so
requests in writing within five (5) working days following notice of the action. This written
request should include the disciplinary action taken, the circumstances surrounding the
action, and the reason(s) the action is invalid. There shall be no review for introductory
period employees except on the grounds of discrimination prohibited by law.
After careful review of the situation, the City Manager shall have the authority to approve,
disapprove, modify, or rescind any disciplinary action taken. The City Manager shall be
final and binding arbiter in these matters.
SECTION 5 - EMPLOYEE COMPLAINT PROCEDURES
The City encourages employees who have any duty related complaints or problems, to
take these problems to their immediate supervisor. Following these informal discussions,
an employee remaining dissatisfied may submit a written complaint to his or her
immediate supervisor, with a copy to the Human Resources Division, within fifteen (15)
working days after the cause of the complaint arises or becomes known.
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It is the responsibility of the immediate supervisor to study the complaint and attempt to
resolve it within ten (10) working days. The resolution should be in writing and a copy
given to the complaining employee and the Human Resources Division. If the complaint
can not be satisfactorily resolved within the ten day period, or if the complaining
employee does not accept the supervisor's resolution, then the supervisor shall refer the
matter, with comments and/or recommendations to the next higher level of supervision.
The Department Director shall be the last person in the department to whom an
unresolved matter will be taken.
If the matter remains unresolved, it shall be taken to the City Manager for disposition, and
the employee shall be entitled to a written decision within ten (10) working days. The
employee shall have the right to present their position to the City Manager. The City
Manager shall consider all parties' positions and make the final decision.
Any intimidation, coercion, or threatened reprisals used to violate the intent of this
complaint procedure by either the employee or any level of supervision shall constitute
a basis for disciplinary action.
SECTION 6 - SEXUAL HARASSMENT COMPLAINT PROCEDURE
Any employee who believes that they are being subjected to any form of sexual
harassment should immediately discuss the situation with their supervisor. In the event
the supervisor is the alleged harasser, the employee may take their complaint directly to
the next higher step in the established chain of command or to the Department Director
or to the Human Resources Manager. The Human Resources Manager working jointly
with the Department Director shall investigate the complaint and report all findings to the
City Manager. The City Manager shall review and modify, reject, or approve the Human
Resources Manager's recommendations for resolution of the complaint.
While it is the intent of the City to investigate any reported harassment thoroughly, all
complaints will be handled as confidentially and discreetly as possible under the
circumstances.
SECTION 7 - TEXAS WHISTLE BLOWERS ACT
The Texas Whistle Blowers Act provides that the City may not suspend or terminate the
employment of, or otherwise discriminate against, a City employee who reports a violation
of law to an appropriate law enforcement authority, if the employee report is made in
good faith.
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CHAPTER 9
NON DISCIPLINARY SEPARATION
SECTION 1 - RESIGNATION
An employee may resign their City employment by submitting a written resignation at least
fourteen (14) calendar days in advance of the final work date. The City Manager may
waive any portion of the resignation notice period.
SECTION 2 - MEDICAL INCAPACITY
Employees may be separated from City employment because of incapacity for medical
reasons when the employee is no longer capable of performing the essential job functions
of the position and cannot be reasonably accommodated. An employee who cannot
return to work under the above conditions within thirty (30) calendar days following
exhaustion of accrued sick and vacation leave for any illness or injury shall be separated
from the City's service unless further leave is granted by the City Manager. In the event
the employee chooses not to use accrued sick and vacation leave, the thirty (30)
calendar day provision shall remain in force and shall be counted from the date of refusal.
A written notice of refusal shall be signed by the employee and delivered to the Human
Resources office.
The City has a business necessity for each of its budgeted positions and must ensure
that City public service continues. If an employee cannot receive a medical statement
releasing them to perform all the essential job functions of their present position, the
employee can be replaced, provided no other reasonable accommodation can be made
to such an employee.
It shall be considered a reasonable accommodation for an employee being separated for
medical incapacity to be transferred to another job classification which they can perform
if an opening exists and if the new job classification would allow continued employment
with the current incapacity. Such accommodation will be made with the approval of the
Department Director and the City Manager.
SECTION 3 - REINSTATEMENT FOLLOWING SEPARATION FOR INCAPACITY
An employee who was unable to be reasonably accommodated and who has been
separated for medical incapacity reasons may be reinstated within one (1) year following
separation provided that:
1. The reason for the incapacity has been corrected or eliminated.
2. The person's previous position or similar position is available.
3. The person remains otherwise qualified to perform the essential functions
of that position.
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SECTION 4 - RESTORATION OF LENGTH OF SERVICE CREDITS
The restoration of length of service credits for employees being reinstated in accordance
with Section 3 of this chapter shall be in full except where not provided by state or federal
law.
Reinstatement of length of service credits for employees not being reinstated in
accordance with Section 3 of this chapter shall be on a case by case basis as allowed by
state or federal law.
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City of La Porte
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CHAPTER 10
PERSONNEL FILES AND REPORTS
SECTION 1 - PERSONNEL FILES
The Human Resources Manager shall maintain the official personnel files for all City
employees. Unless otherwise provided by law, personnel files shall be kept confidential
and may not be used or divulged for purposes unconnected with the City's personnel
management system except with the permission of the employee involved.
Nothing herein shall prevent the dissemination of impersonal statistical information.
Employees shall have the right of reasonable inspection of their personnel file under
procedures prescribed by the Human Resources Manager. Employees may request and
receive a copy of their personnel file or any portion thereof under procedures prescribed
by the Human Resources Manager.
Non-employees who wish to inspect a current or former employee's personnel file shall
either make a formal written request through the Human Resources Division under the
Open Records Act or subpoena the desired records through a court order.
SECTION 2 - EMPLOYEE STATUS CHANGE
Department Directors shall submit employee status change forms to the Human Resource
Division for review and approval from both the Human Resources Division and the City
Manager.
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