Loading...
HomeMy WebLinkAbout1979-09-19 Regular Meeting• • • MINUTES - REGULAR MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS SEPTEMBER 19, 1979 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza; Commissioners John Tomerlin, I. J. Kibodeaux, Virginia Cline and Tom C. Simons. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT.: J. R. Hudgens, City Administrator; Margie Goyen, City Clerk; James La Fitte, Police Department; Stan Sherwood, Parks & Recreation Director; Joe Sease, Fire Chief; Jack Burks, Public Works Director. • OTHER CITY OFFICIALS ABSENT: D. R. McLaughlin, Fire Marshal; H. F. Freeman, Chief of Police. CHARTER REVISION COMMITTEE: H. P. Pfeiffer, Chairman; Members: Bill Love, Dan Kennedy, Robert Daniel, Eugenia Riley, Carlos Smith. OTHERS PRESENT: Lou Lawler, Evelyn Kennedy, Mr. & Mrs. Fred Westergren, Bertha Cook, Mr. & Mrs. Jim Fox, James Spradling, Charlie Perry, Robert Smith, Marlin Patterson, Rufus Smith, Charles Walker, various other citizens from the North Side; and Reverend Steve Olsen, Community Church, and Betsy Webber, La Porte-Bayshore Sun. PRESIDING: Mayor J. J. Meza. + + + LJ • Regular Meeting 9/19/79 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + 2 2. INVOCATION - Mayor Meza introduced the Reverend Steve Olsen minister of the Community Chureh and Chaplain of Volunteer Fire Department. The Reverend Olsen then gave the invocation. + + + 3. APPROVAL OF MINUTES - REGULAR MEETING - SEPTEMBER 5, 1979 - Motion by Commissioner Cline, seconded by Commissioner Simons to approve the minutes of the regular meeting of September 5, 1979, as presented. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 4. JOINT PUBLIC HEARING WITH CHARTER REVISION COMMITTEE TO PROVIDE CITIZENS THE OPPORTUNITY TO COMMENT ON THE PROPOSED NEW HOME RULE CHARTER FOR THE CITY DF LA PORTS AND THE PROPOSED BOUNDARY LINES FOR DISTRICTS FOR ELECTION OF COUNCILPERSONS UNDER THE PROPOSED REVTSIONS`TO THE HOME RULE CHARTER OF THE CITY OF LA PORTS - Mayor Meza opened the public Baring and state t e purpose o the hearing was to provide citizens the opportunity to comment on the proposed new home rule charter and the proposed boundary lines for districts for election of councilpersons under the proposed revisions to the home rule charter of the City of La Porte. He then asked the chairman, Mr. H. P. Pfeiffer, of the Charter Revision Committee to explain what was proposed. Mr. Pfeiffer stated that the Charter Revision Committee had worked hard on the Charter and had drawn some preliminary district lines; if there were other recommendations for the district lines the Charter Revision Committee would take them under consideration; they would be glad to answer any questions. Due to the schedule for a proposed January election, time wise,. it was necessary that we proceed and move forward. • • Regular Meeting 9/19/79 3 4. JOINT PUBLIC HEARING WITH CHARTER REVISION COMMITTEE (CONTINUED) Mr. Robert Daniel asked the Mayor to explain how the districts were planned because there might be some people there that did not understand. Mayor Meza asked Mr. Daniel to explain since he was on the Committee. Mr. Daniel said there were some things that he did not know and. he was hopint that someone else would explain. The Attorney explained that the Gail Hamilton, Assistant City Attorney had been working on the proposed Charter Revision and had planned to be present; however, she was ill and was not able to be there. So he would try to give an overview on how it would work. The present home rule Charter was adopted thirty years ago. We have a Commission form of government. We have a Mayor .and four Commissioners. The duties of the four Commissioners are assigned by the Charter; Fire and Police, Streets and .Public Works, Water and Sewer, Health and Recreation. The first City to have this form of government was Galveston. It • is now the opinion of many that it is no longer the most efficient form of government for a growing city. The more efficient trend is the City Manager/Mayor/Council form of government. Modeled after a typical business corporation. The entire City Council would be setting policy, comparable to the board of directors of a corporation. The City Manager is comparable to the Chief .Executive. The citizens are the stock holders. The City Council sets policy, does advance planning. The City Manager is professionally trained, most would have a college degree. It would be the job of the City Manager to carry out and execute on a day to day basis the policy the Council has established. Our present Commission is a five member Commission. The Charter Revision Committee was of the opinion that the City would be better served by a larger committee of seven persons. This would be the Mayor and six Council persons. To make any amendment to the Charter in the State of Texas,. Texas being under the Voting Rights Act of 1965, as amended in 1973, anything effecting voting must have clearance from the Justice Department. As shown in the Houston, the Justice Department wants a balance between at large positions and district positions. At large, would be anywhere within the City and by district, would be that you live within the district that you represent or vote for. The proposed plan would have four single member districts. The candidate must reside within the confines of the district at the time of his election and he must remain there throughout his term of office. • • Regular Meeting 9/19/79 4 4. JOINT PUBLIC HEARING WITH CHARTER REVISION COMMITTEE.. (CONTINUED) The proposed .new Charter proposes three year terms of office rather than two.. The law states that the districts must be substantially uniform in population. The proposed districts on the map, shows that this has been done. The law also says that the districts must be compact and contiguous. It was the feeling of the Charter Revision Committee that the .three year term of office would give the official an opportunity to be orientated the first year and them two years to work. Two would be elected one year, two the next and three the year when the Mayor was elected. • For the four proposed districts, the voting places would be "B", the City Hall, "A", the High School, "D", Baker School, and "C" to be possibly placed on the North Side Civic Center. The districts would be .balanced every ten years with the federal census. There may be a change to do a census every five years, pending legislation. Also with any consolidation or annexation, redistricting would have to be done at that time.. Any annexation of consolidation must also have clearance from the Justice Depart- ment. The Attorney further stated that the hearing was on the entire Charter which-had been rewritten wholly. Some of the sections were essentially the same and some were completely rewritten such as the section on bonds. He further stated that the hearing also should consider the City Manager form of government and other procedures that had been placed in the proposed new Charter. The Charter Revision Committee had hoped that this would modernize and bring up to date the way of the City doing business. In considering the size of the budget for our City, it is now big business and it should be managed in a professional manner. It was also the thought of the Charter Revision. Committee that the proposed form of government would be a great improvement. The time table is this: .The basic Charter has already been sent to the Justice Department for approval; when the Commission approves a map, then that will be submitted separately to the Justice Depart- ment. They must approve the concept as well as the districts. The time table is for a proposed election by the people in January, 1980. The two hold over Commissioners would serve out their one year, then the phase in would start. The Mayor,. Councilmen at large and district Councilmen would start on the three year term. • • • Regular Meeting 9/19/79 5 4. JOINT PUBLIC HEARING-WITH CHARTER REVISION COMMITTEE (CONTINUED) The census was done in July, 1978, in La Porte, showing an actual population of 11,148, done by an actual house to house census, using the water meter books. .The census was done by volunteers from various areas of the community. All ages were counted as required by the Justice Department. Information as to minority, such as White population, Black population and Brown population was taken. The result of this was that the minority is a much lesser percentage than that of Houston, or Harris County as a i~hole. There was a discussion about drawing a safe minority district. It was found that the small Black minority is not concentrated in one particular area and would not lend itself to a compact district. If all the Blacks were concentrated in one area, it would take eight district Council positions rather than four, in order to create a safe minority district. With four districts, it would give everyone the opportunity to vote on a majority of the Council. The three at large and the one from their district. This would give a greater degree of • responsiveness to every citizen. At the same time, it would balance the needs existing in different neighborhoods. The Attorney further stated that this was an overview of the Charter; there were many important :items in the Charter other than the voting or the Council arrangement. Details such as who writes the checks, who countersigns them, budget procedures. The Charter is a constitutional document. This determines how much power the citizens are going to give to the government. City Council can not pass an ordinance contrary to the Charter. A great deal of time is required before any change is made. A generation has passed since the last comprehensive change to the Charter. There have been single issue changes. Stating that it was of grave importance. The Charter Revision Committee has been made of members that were previous officials, Mayors, Commissioners and others of previous experience, employees from the City and have all had an input into the proposed revision. The Attorney stated that a lot of experience and thought and earnest consideration had been put into the proposed Charter and was very proud of the work that had been done. Tf there were any questions, he would be happy to answer them. A. James Spradling was recognized and stated that he had several ~. questions. .There are going to be four .districts. The Attorney stated, "Four single member districts and two at large and the Mayor". If this is voted in then we will no longer have the type • Regular Meeting 9/19/79 6 4. JOINT PUBLIC HEARING WITH CHARTER REVISION COMMITTEE (CONTINUED) of government to be responsible for certain things as now, Parks, Sanitation and Sewer, etc. ? They will make policy and the Administrator will be expected to carry out the policy. If there is a problem, you don't call the Councilman, you call the City Administrator. The. Attorney stated that was correct.. The Council will be more legislators and will not be Commissioners for a particular area. There will be no particular area of duty to any elected official any more. Mr. Spradling asked. if the terms would be three years? The Attorney stated that was correct. Mr. Spradling asked if this had already been submitted to the Council and the Council will vote on this. Commissioner Tomerlin stated that we have asked the Justice Department for approval. • Mr. Spradling asked if we would vote on this issue tonight. The Attorney stated that the hearing was for citizen input. The Justice Department is having its hearing on it. All of this would be taken under consideration by the Commission. The Attorney stated that there was still opportunity for changes. Mr. Spradling asked if everything goes according to the time table wouldn't we vote on it around January 19. The Attorney stated yes. The Attorney explained that there would be one issue on the voting machine. For or Against the Charter Revision Mr. Spradling asked why part of Fairmont Park was cut off. Commissioner Tomerlin stated that due to the guidelines, it required uniformity in population in each district. If you look at the part that was cut off, it would have made that district a larger district population wise. If it had been strictly Fairmont Park, it would have made it out of proportion. He further stated that it Fairmont Park was taken by its self and the rest of the City drawn into three districts, it would have been too large population wise. Commissioner Tomerlin stated that one of the things that was facing the City was the shift of the population to the West, and that is the situation that does occur there. Mr. Spradling stated that he thought that answered all his questions. . Regular Meeting 9/19/79 7 4. JOINT PUBLIC HEARING WITH CHARTER REVIS-ION COMMITTEE (CONTINUED) B. Mr. Bill Love was recognized and asked for a blackboard to see how efficient the proposed type of government would be. Mr. Love drew on the board the present type of government, stating as is, if there was a sewer problem, you would call the Commission in charge of sewer. He in turn would call the City Administrator. The work would then be done on a one to one basis. You can vote on all five of the officials, or 100. Under the proposed seven member government you will only vote on the three at large and the one from your district, or 57~ of the City Council. Mr. Love then asked how efficient this would be? He felt that you have diluted the voting power and efficiency. He then asked if La Porte was under any mandate to change the form of government. The answer was "no". C. Ms. Stella Bramer was recognized and stated that she felt that her family was not counted during the census and did not feel that they would get proper representation with part of Fairmont Park in their district. D. Mrs. Eugenia Riley stated that she agreed with Mrs. Bramer • and felt that the Blacks did not get a proper count in the census. She further stated that the Blacks needed a representative; that the past officials had drawn the district lines; she and Robert Daniel were overruled on their proposed district lines. The only way that a district could be drawn for the minority would be from 16th Street, east, to Main Street, if something could be cut. Mrs. Riley further stated that the only time that Whites in Fairmont Park would come out and vote would be when a Black is running. Mrs. Riley stated that she wholeheartedly disagreed with the proposed four district plan as placed on the map. E_ Mr. H. P. Pfeiffer stated that the City Manager works at the will and pleasure of the entire Council. He does not have a contract. If they are not satisfied with his work, then he will go. At the present time, when a Commissioner is elected, that does not mean that they have any expertise in that area. They are elected either by popularity or lose by the person you like least. The area which Mr. Pfeiffer took the census, the area north of Spencer and Fairmont, he stated that he did not go door to door. He would go to a house, interview that person, asked about the people living beside them and the nationality. It • is not necessary to go to every house. • Regular Meeting 9/19/79 8 4. JOINT PUBLIC HEARING WITH CHARTER REVISION COMMITTEE (CONTINUED) E. Mr. H. P. Pfeiffer (Continued) Mr. Pfeiffer stated that .the night the lines were drawn for the proposed districts, Mrs. Riley and Mr. Daniel were asked for their input. They would not make any. F. Mr. Ed Madizak asked how the future would key in with all the vacant land; stating that the officials would know about the proposed development whether single family, multi-family. The potential for disproportionate population in between census seems tremendious in that particular area. • The Attorney stated that in answer to his question and Mrs. Riley's comment on the census. They were taken by volunteers and as in any census there were probably mistakes made. They were taken in good faith and he hoped that no one would vote for or against the Charter because of the census. As soon as the 1980 census are made, the Commission has a duty to change the districts. The Commission must do this by law. Further the Charter states when needed, on its own motion, the Council may redistrict at any time. Further, it there is a consolidation, the consolidation will call for a redistricting. The Attorney stated that there was a bill before Congress to change the census from every ten years to every five years to provide business and economic data. G. Mr. Charlie Perry asked about the areas of the proposed Charter that indicate may redistrict rather than must redistrict; why was must not used. The Attorney stated that may was used in harder areas to define. He further stated that this proposed Charter must be changed every five years. Mr. Perry stated that if he understood what had been said, that the Council may change the districts if they desire, or they may not. Commissioner Tomerlin stated that one of the problems was all of the vacant land to the west. The district lines are not magic. H. Mrs. Eugenia Riley stated that she was tired of the Whites telling the Blacks what to do. The Blacks want it so that they can get a Black person on the Council. n LJ • . Regular Meeting 9/19/79 9 4. JOINT PUBLIC HEARING WITH CHARTER REVISION COMMITTEE (CONTINUED) I. Mr. Marlin Patterson stated that he felt that Fairmont Park had been looped in and taken in with the Black community to pacify the Blacks; and felt that it was not fair. J. Mr. Robert Smith asked if the percentage of Blacks or Browns was taken into consideration in the districts. K. Mr. Carlos Smith stated that only the number of persons in each district was considered. There was no consideration to the percentage of minority or ethnic group but number only done on the census information on the map. They had to try and keep the number as near equal as possible. L. Mr. Rufus Smith asked what consideration was given to a eight member district and why only six districts? M. Mr. H. P. Pfeiffer stated that Committee had explored many avenues and a number of combinations and determined that a 6-1 was adequate to represent a City of this size. It was the determination of the entire group that this number would be • adequate. N. Mr. Carlos Smith stated that the Committee had explored many different Charters of smaller and larger cities and that one person for every 2,700 or seven representatives for 11,000 was sufficient. They had explored the"safe Black" district and it would take ten districts, which would be about 60 voters per district. Mayor Meza asked .for Rufus Smith's address. Mr. Smith stated that his address was 1612 Roscoe. O. Mr. Rufus Smith asked how much consideration was. given to the eight. member district to give the North Side a representative. He further stated that he felt there was little difference between six and eight; and felt that the North Side should have a representa- tive. Mr. Hudgens stated that it would take twelve representatives to have an eight member single member district and four at large and the voting would be so scattered. P. Mr. Carlos Smith state balance could be obtained at large districts rather • other. He further stated total number and not at a 3 that the Committee felt a better with single member districts and than all elected one way or the that the Committee had looked at the ratio of ethnic group. • • • Regular Meeting 9/19/79 10 4. JOINT PUBLIC HEARING WITH CHARTER REVISION COMMITTEE (CONTINUED) Commissioner Simons stated that he felt everyone was under a misunderstanding whether Black, White, or Spanish. Not any one person could get something done. It takes a majority vote no matter hpw many districts there might be. Q. Mrs. Eugenia Riley stated that the map had been changed since the last meeting. Commissioner .Simons stated that the numbers. had been changed to get the correct balance, which was anticipated. The law states that you have to have as near possible, the same number of persons in each district. There must be a balance. Mrs. Riley stated that Mr. Pfeiffer and Mr. Smith had drawn the lines for the districts. Mayor Meza stated that the Map was drawn as best for a balance for the number of people. He further stated that if Mrs. Riley had a map .drawn and balanced,. it could be submitted to the Commission for consideration. • R. Mr. Robert Daniel stated that he would like to clear up a few things. From the beginning he felt that the Charter Revision was not done right. The Commission selected a group of members and at a later time had appointed him as a member just to have a Black on the Committee. He stated that he accepted the appointment knowing that there wouldn't be much he could do, but it would give .the Blacks a little insight. He further stated that he was the second person to volunteer to work on the census stating that he chose the Green Oaks to take the census of. Later the paper came out stating that Commissioner Cline was in charge of taking the census at the Green Oaks. Later on someone brought him census taking information for a different area. This was done outside the meeting. Mr. Daniel stated that he felt many things had been done outside the Charter Revision meetings and done different than were discussed at the meetings. He further stated he wouldn't do because he knew that it wouldn't do any good. He was interested in helping get a Black elected. If there's no Black representative they can't tell the people what is going on. He further stated that he knew the Browns can get elected because we have a Brown Mayor. He had asked for cooperation and didn't get it. There was. a brief discussion about how the census were taken at the Green Oaks Apartment Project. S. Mrs. Linda Westergren stated that the apartment managers did take the census at the Green Oaks. There are 86 units and the rental roll was counted. • Regular Meeting 9/19/79 11 4. JOINT PUBLIC HEARING WITH CHARTER REVI'S'ION COMMITTEE (CONTINUED) T. Ms. Marvilla Jones asked about the number of residences at the Green Oaks. It was determined that there were 86. U. Mr. Charles Walker asked why the proposal was at large and by districts? The Attorney stated that balance between-district and at large was that the majority of the Council would be voted on by everyone. The present form of government would be changed to a City Manager form of Government. V. Mr. Bill Love asked if it was necessary to have any at large positions. The answer was "no". The question was asked if there was any consideration given to how many people voted at Baker School. The Attorney stated that that was illegal to do that. There was. some discussion regarding sending in proposed districting • for future growth. The Attorney stated that the law does not allow you to district on proposed population. The question was asked why are we going through .with a Charter Revision now rather than in 1981 and what is the issue, why are we changing the form of government? W. Mr. Pfeiffer stated that having been an official in the past, he had been through the problems and knows what some of them are. A Commissioner is understand-all the by popularity. It what-is going on. best they can, but each year. alected to hear of a department and does not operations. The person is elected to a job takes several months before you are aware of The Department Heads are out here doing the they are effected during the election time In a business, you buy the best man you can hire. Under the proposed Charter, an election will come and go and it has nothing to do with the operation of the City or Manager. The present Charter passed in 1948 or 1949 and there have been only two minor changes. U • • Regular Meeting 9/19/79 12 4. JOINT PUBLIC HEARING WITH CHARTER REVIS-ION COMMITTEE (CONTINUED) City Managers are trained in so many areas and elected persons are not expected to know all of these things. Mr. Pfeiffer further stated that at no time did the Committee talk about a minority and no thought to what districts anyone would run in. They basically went down Main Street and divided the City at the Railroad. X. Mr. Bill Love stated that he did not feel that changing from the Commission form of government to the Council form of government would improve quality. Mr. Love stated that the City Administrator was a very competent that he should be allowed to manage and he should be paid well; and further stated that changing the form of government would not improve the quality or continuity. Mr. Love asked who was the person that first said "Let's change the Charter." • Mr. Pfeiffer stated that he probably was. Commissioner Kibodeaux suggested that the hearing be recessed and give Mrs. Riley an opportunity to bring back a map with her proposal for districts. Mayor Meza asked .that Mrs. Riley and Mr. Daniel bring back their proposal of the district map for consideration. Mr. Daniel stated that he would not bring back a map because it would do no good without the cooperation of everyone. He knew there had been some changes made. Mrs. Riley asked for a Black count again on the North Side. Mr. Spradling asked how many members there were on the Charter Revision Committee and how many votes there were for and against? He further stated that he assumed from the discussion that it was not unanimous. Commissioner Simons stated that the Charter Revision vote was unanimous. However, the vote for the districts was five for and three against. Motion by Commissioner Kibodeaux, seconded by Commissioner Tomerlin that the public hearing be recessed until Wednesday, September 26, 1979, immediately following the work shop which begins at 7:00 P.M. • Regular Meeting 9/19/79 13 4. JOINT PUBLIC HEARING WITH CHARTER REVISION COMMITTEE (CONTINUED) Motion on Recess of Public Hearing (Continued) Motion carried by 'the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The hearing recessed at 8:50 P.M. Commissioner Tomerlin requested a ten minute recess of the meeting. The meeting recessed at 8:51 P.M. The meeting reconvened at 9:02 P.M. + + + • 5. CONSIDER ADOPTION OF DISTRICTING PLAN AS SUBMITTED BY CHARTER REVISION COMMITTEE - Mayor Meza tabled this item. + + + 6. CONSIDER REQUEST FOR VARIANCE FOR FENCE - FRONT YARD - LOTS 25, 26, 27, AND 28, BLOCK 17, LA PORTE ADDITION (310 S. 4TH STREET) - MRS. MARY P. FOX - Mayor Meza read an opinion letter from the Attorney stating that he concurred with the recommenda- tion of the Planning & Zoning Commission and that the request be denied. Stating that since this area .did not have deed restrictions the only protection which the property owners have as to zoning and use of the property., i under the Zoning Ordinance. Further stating that mortgage companies rely on the City to enforce its Zoning Ordinance. A copy of the opinion letter is attached and made part of these minutes. Motion by Commissioner Tomerlin, seconded by Commissioner Cline that based on the recommendations of the Planning & Zoning Com- mission and the City Attorney that the request for a variance for a front yard fence be denied. Motion carried by the following vote: • • • Regular Meeting 9/19/79 6. CONSIDER 27, AND - MRS . M FOR VARIANCE FOR FENCE - FRONT YARD - 8, BLOCK 17, LA PORTS ADDTTION (310 S. Y P. FOX (CONTINUED) AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The request for a variance was denied. There was a brief discussion regarding other fences in the area, types of construction of fences; fences obstructing the view; Webster's definition of a fence and how a citizen can go about having an ordinance changed. It was determined that you must petition the Commission. + + + • 7. CONSIDER. APPROVING LEASE AGREEMENT WITH HARRIS COUNTY FOR THE HEALTH CLINIC AT 915 S. EIGHTH - Motion by Commissioner Kibodeaux, seconded by Commissioner Cline to approve the lease agreement. with Harris County for the Health Clinic at 915 S. Eighth. A copy of the lease is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 8. CONSIDER APPROVING AFFER OF PURCHASE - LOTS 31 AND 32, BLOCK 69, LA PORTS ADDIT3ON - MR. JOHN KIIBI:ER, JR., IN THE AMOUNT OF $1,225.00 - Motion by Commissioner Simons, seconded by Commissioner Cline to accept the recommendation of the Tax Assessor Collector and approve the offer of purchase for Lots 31 and 32, Block 69, La Porte Addition of Mr. John Kiibler, Jr. in the amount of $1,225.00. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 14 LOTS 4TH • s • • Regular Meeting 9/19/79 15 9. CONSIDER APPROVING PROPOSED ORDINANCE N0. 1168 - ORDINANCE REGULATING THE DRILLING OF WATER WELLS WITHIN THE CITY; REGULATING THE USE AND SALE OF WATER WITHIN THE CITY; PROVIDING EXCEPTIONS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON. CONVICTION SHALL BE FINED IN ANY SUM NOT MORE .THAN TWO HUNDRED DOLLARS - After the proposed. ordinance was-read in full, motion by Commissioner .Cline, seconded by Commissioner Tomerlin to approve Ordinance No. 1168 as read. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. .NAYS: None. CAPTION: AN ORDINANCE REGULATING THE DRILLING OF WATER WELLS WITHIN THE CITY; REGULATING .THE USE AND SALE OF WATER WITHIN THE CITY; PROVIDING EXCEPTIONS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING. A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. • + + + l0. RATIFY AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE RECEIVED ON OCTOBER 10, 1979, AT 7:00 P.M., FOR A NEW ROOF AT THE POLICE BUILDING - Motion by Commissioner Simons, seconded by Commissioner Tomerlin to ratify authorizing advertising and accepting bids to be received on October 10, 1979, at 7:00 P.M., for a new roof at the Police Building. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 11. RATIFY AUTHORIZING ADVERTISING AND ACCEPTING BIDS TO BE .ECEIVED ON OCTOBER 10, 1979, AT T:05 P.M., FOR REMODELING THE UPSTAIRS OF THE BUILDING LOCATED AT 9:I1 S. EIGHTH (NUTRITION .CENTER) - Motion by Commissioner Cline, seconded by Commissioner Simons to ratify authorizing advertising and accepting bids to be received on October 10, 1979, at 7:05 P.M. for remodeling the upstairs of the building located at 911 S. • Eighth. Motion carried by the following vote: AYES: .Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • Regular Meeting 9/19/79 16 12. CONSIDER CALLING PUBLIC HEARING TO BE HELD ON OCTOBER 10, 1979, AT 7:10 P.M., ON THE PROPOSED CABLE TELEVISION FRANCHISE - Motion by Commissioner Kibodeaux, seconded by Commissioner Tomerlin to call a public hearing to be held on October 10, 1979, at 7:10 P.M., on the proposed Cable Television Franchise. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + 13. CONSIDER APPROVING PROPOSED ORDINANCE NO. 1169 - ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; AND MAKING APPROPRIA- TIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE, TEXAS, FOR FISCAL YEAR 1979-1980, BEGINNING OCTOBER 1, 1979 - After the proposed ordinance was read in full, motion by Commissioner Tomerlin, seconded by Commissioner Kibodeaux to approve Ordinance No. • 1169 as read. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; AND MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF. + + + 14. CONSIDER FORMAL ADOPTION OF BUDGET FOR FISCAL YEAR 1979-1980, BEGINNING OCTOBER 1, 1979, AND CONSIDER APPROVING PROPOSED RESOLUTION NO. 79-7 - RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE PERIOD OCTOBER 1, 1979, THROUGH SEPTEMBER 30, 1980, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET - After the proposed resolution was read in full, motion by Commissioner Cline, seconded by Commissioner Kibodeaux to approve Resolution 79-7 as read. Motion carried by the following vote: • AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • Regular Meeting 9/19/79 17 15. CONSIDER APPROVAL AND ADOPTION OF THE PERSONNEL POLICIES, COMPENSATION AND CLASSIFICATION PLAN TO BE EFFECTIVE OCTOBER 1, 1979 - Commissioner Tomerlin stated that he had come down and re iv ew the policies, the compensation and classification plan with the Administration Staff; further stating that he would like to complement the Administration Staff and recommended its approval. Motion by Commissioner Tomerlin, seconded by Commissioner Cline to approve and adopt the Personnel Policies, the Compensation and Classification Plan, to be effective October 1, 1979. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. Copies are attached and made a part of these minutes. + + + • 16. ADMINISTRATIVE REPORTS - The Administrator stated that he would like to complement the staff and particularly Mary Davis who had worked very hard on the policies and plans. B. The Administrator stated that he had met with the Community Development Agency Representatives on our street program and they plan to begin construction after the first of the year. Probably in January or February. Mr. Tom Van Dyke will be present on the 26th of September to update the Commission on this, but also new upcoming grants. C. The Administrator stated that he had a copy of the Nutrition Center Plans should any one wish to look at them. + + + 17. COUNCIL ACTION - A. Commissioner Tomerlin stated that he and Commissioner Cline had met with Lomax representatives on the consolidation. B. Commissioner Cline stated that Aldermen Carr and Womack and Betty Water, City Secretary, Mr. Hudgens, Commissioner Tomerlin and herself had met and had some questions to be answered. • Commissioner Cline then asked for an executive session. + + + ~ ~ • Regular Meeting 9/19/79 17. COUNCIL ACTION (CONTINUED) C. Commissioner Simons stated that he was proud of the work done on the salary schedules and the policies by the staff. + + + 18. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 - (E), (F), AND (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) - Motion by Commissioner Tomerlin, seconded by Commissioner Kibodeaux that the meeting recess for an executive session. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting recessed at 9:20 P.M. • The meeting reconvened at 10:59 P.M. + + + 19. ADJOURNMENT - Motion by .Commissioner Tomerlin, seconded by Commissioner Kibodeaux. that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting adjourned at 11:00 P.M. v Margie yen City Clerk Passed and Approved this the 3rd f October, 1979 • J. J. Meza, May r 18 • • • ~,~~ ~- - -sP-ti -- e3/Q 5 '~-~.-a~ --- ~Y~- - • - -- • • ~'~ '~ • • • • ti ,~ 1 2 3 4 5 6 7 . 8 9 10 11 12 13 • 14 15 ]. 6 32 31 30 29 z 28 27 26 . 25 24 23 22 2 1' 20 19 18 17 ~~~C -- ~'.c ~,~ ~~. CITY OF LA PbRTE ' INTER-OFFICE MEMORANDUM • DATE• T0: Planning and Zoning Commission July 17, 1979 FROM: Inspection Department SUBJECT: Fence located at 310 South 4th Street On July 3, 1979, David Paulissen of this Department was informed of a fence that was constructed in the front yard at 310 S. 4th Street. In making an inspection of the property later that day, Mr. Paulissen found the fence to be in violation of Ordinance 780, sec. 13-205 #3. Ne also found the fence was constructed without a Building Permit. In making personal contact with the owner, Mrs. Fox, Mr. Paulissen informed her of the violation and that she would have to remove the fence. Mrs Fox said she would like to appeal. She was told. how to do so. The only other front yard fences in the area was put up some time ago and may have been up before the Ordinance went into effect. • If more information is needed contact the Inspection Department. Respectfully, ~ r-y C Benj min F. Talburt City Inspector • • • Administration • CITY OF LA PORTE INTEROFFICE MEMORANDUM T0: MAYOR & CITY COMMISSION DATE: AUGUST 20, 1979 FROM: PAT MUSTON, CHAIRMAN PLANNING & ZONING COMMISSION SUBJECT: FRONT YARD FENCE AT 310 S. 4TH STREET (MRS. MARY FOX) A new chain link fence has been installed at the above referenced property. The owners, James and Mary Fox, have requested a variance to allow the fence to remain in the front yard. The fence is in violation of Ordinance No. 780, Section 13-205, No. 3. The Planning & Zoning Commission recommends that approval. be denied, and the fence be removed. Respectfully, Pat Muston ~y • • JOE RESWEBER • COUNTY ATTORNEY B. R. KERR FIRST ASSISTANT OFFICE OF COUNTY ATTORNEY 1001 PRESTON, SUITE 634 HOUSTON. TEXAS 77002 August 31, 1979 EDWARD J. LANDRY SENIOR ASSISTANT JERRY B. SCHANK SENIOR ASSISTANT IN REPLY REF EJJ~R TO L L C. A. FILE N0.112, 662 CERTIFIED MAIL RETURN RECEIPT REQUESTED ,~ d'7 99y City of LaPorte P. 0. Box 1115 LaPorte, Texas 77571 Attention: Mayor Re: Lease Agreement between Harris County and City of LaPorte for office space for the • Harris County Health Department Dear Sir: With regard to the Lease Agreement between the City of LaPorte and Harris County whereby the County leased for a period of twelve (12) months beginning October 1, 1978 and ending on Sept- ember 30, 1979, approximately 2,500 square feet of.floor space of a certain office building whose address is 915 South Eighth Street, LaPorte, Texas, please be advised that pursuant to the option provision contained in paragraph XIV of said agreement the County does this day elect to exercise its option to renew the lease of said premises for a term of twelve (12) months from October 1, 1979 to September 30, 1980, at the same rental rate and upon the same terms and conditions. Very truly yours JOE RESWEBER Coun Attorney dY1 ~;~ By DONALD L. SAUNDERS Assistant County Attorney • JR:DLS:meb • ' . • CITY OF LA PORTE MEMORANDUM TO: James Hudgens DATE: August 28, 1979 FROM: Betty Blackmon SUBJECT: Bid on Tax Property A bid has been received from John S. Kiibler, Jr. for a parcel of property whose legal description is block 69, lots 31, 32, La Porte. The bid is $1,225.OC. This suit was tried and a judgment was granted on May 15, 1975, a Sheriff's sale order was set for June 14, 1976, the property did not sell at this time, the City of La Porte bid in the property, since this time the City of La Porte has held the property in trust until such time as the property could be sold. The amounts due are as follows: • City ........................$ 598.02 School.. ... 363.33 County ..................... 259.43 Total .......................$1,220.78 It is my recommendation the bid of $1,225.00 be accepted. ett Blackmon Tax Assessor Collector • JNO. S. KIIBIER (1902-1976) JOHN S. KIIBIE R,JR. LAW OFFICES OF KIIBLEE ~C KIIBLEI3 P. O. Box"K" LA PORT E, TEXAS 77571 (713) 471-11 I I August 27, 1979 • City of LaPorte City Hall LaPorte, Texas 77571 RE: Tax Title Lots 31 and 32, Block 69, LaPorte Dear Mayor and Commissioners: • I wish to purchase the tax titles to the above lots. Mrs. Blackmun advised me today that the following amounts are required to pay off the City,. School District and the State and County: City of LaPorte $598.02 L.P.I.S.D. 363.33 State and County 259.43 the total $1,220.78. lots. Therefore, I bid $1,225.00 for the tax titles to these espec -u submitted, J S. Kiibler, r. JSK/pg • WEST ADAMS • • • .-. r Q 3 S f- 0 z 1 2 3 4 5 6 7 g BLO LA - 9 10 11 12 13 14 15 16 32 .,~ - 31 30 29 28 27 26 9 E 25 24 23 22 21 20 19 18 17 K OR WEST POLK H w w t- H c~ ~, w E- 0 z ~~ • . PUBLIC NOTICE ACCEPTANCE OF BIDS Sealed bids addressed to the Mayor and City Commission of the City of La Porte, Harris County, Texas, and marked "POLICE BUILDING ROOF" will be received at the La Porte City Hall, 604 West Fairmont Parkway • La Porte, Texas, until 7:00 P.M., October 10, 1979, to be opened and publicly read. Bids received after closing time will be returned unopened. Specifications for repair to the roof of the Police Building may be obtained at the office of the City Clerk, 604 West Fairmont Parkway, or by calling 471-5020, Ext. 221. The City reserves the right to reject any and/or all bids, to waive any and all formalities and to accept any bid which in the opinion of the City Commission is most advantageous to the City. • Margie Goyen City Clerk PUBLISH: September 20, 1979 September 27, 1979 • ! • • ' 'SPECJFICATIONS 'FOR REPAIRING 'FLAT T4JO~TORY 'ROOF ' ' AT 'POLICE ' AI~IIl~iISTRATION BUILDING Spud off existing roof to make a smooth surface to roof. over Sweep up existing gravel and haul away Re work all flashj.r~g to accept new roof Apply a 20 year bondable roof using 1 ply 43# base felt and 3 plys 15# perforated felt all solid mopped with stop asphalt Coat with dead level asphalt and 3/8" pea gravel Apply new firewalls using 2 plys of glass mat coated wlth.flashing.cement All work and materials to carry 3 to 5 year no leak warxanty. • All debris pertaining to fob will be removed from fob site Bid Price ~~ Address Title • ~. • PUBLIC NOTICE ACCEPTANCE OF BIDS • Sealed bids addressed to the Mayor and City Commission of the City of La Porte, Harris County, Texas, and marked "BUILDING REMODELING" will be received at the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, until 7:05 P.M., October 10, 1979; to be opened and publicly read. Bids received after closing time will be returned unopened. Specifications for remodeling of the upstairs of the building located at 911 S. Eighth Street (Nutrition Center) may be obtained at the office of the City Clerk, 604 West Fairmont Parkway, or by calling 471-5020, Ext. 221. ' The City reserves the right to reject any and/or-all bids, to waive any and all formalities and to accept any bid which in the opinion of the City Commission is most advantageous to the City. • Margie Goyen City Clerk PUBLISH: September 20, 1979 September 27, 1979 s • • • RESOLUTION NO. ~y- f A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OCTOBER 1, 1979, THROUGH SEPTEMBER 30, 1980, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET. '~nTIiEREAS, the Charter of the City of La Porte, Texas, and the statutes of the State of Texas, require that an annual budget be prepared and presented to the City Commission of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing(s) be held prior to the adoption of said budget; and, WHEREAS, the budget for the fiscal year October 1, 1979, through September 30, 1980, has heretofore been presented to the City Commission and due deliberation had thereon, and a public hearing(s) having been held as required. by law and all comments and objections have been considered; WHEREAS, the following is a summary of the sources of revenue, and of the amounts appropriated and the purposes for which the same shall be spent: GENERAL FUND REVENUE ALL SOURCES $4,755,152 ALLOCATIONS ' FIRE DEPARTMENT $ 365,390 POLICE DEPARTMENT 960,038 ADMINISTRATION .743,988 PUBLIC TAORKS 1,640,513 PARKS & RECREATION 349,880 • DEBT SERVICE COST OF LIVING ADJUSTMENT 257,814 245,479 CONTINGENCY FOR RESERVE 192,050 4,755,152 REVENUE SHARING FUND REVENUE ALL SOURCES 165,584 CONTRIBUTION TO GENERAL FUND 45,000 • CONTINGENCY RESERVE 120,584 165,584 • RESOLUTION NO. 79-7 • CAPITAL IMPROVEMENT FUND BEGINNING APPROPRIATION CONTRIBUTION FROM REVENUE SHARING TOTAL AVAILABLE PROJECTS APPROPRIATION CONTINGENCY WATER AND WASTEWATER FUND • 2 $ 506,000 45,000 522,000 29,000 $ 551,000 551,000 REVENUE ALL SOURCES 975,000 ALLOCATIONS WATER DEPARTMENT 461,880 WASTEWATER DEPARTMENT 286,732 ADMINISTRATIVE TRANSFER TO GENERAL FUND 75,900 CONTRIBUTION TO WATER AND WASTEWATER IMPROVEMENT FUND 40,000 DEBT SERVICE 32,763 COST OF LIVING ADJUSTMENT 54,660 CONTINGENCY RESERVE 23,065 $ 975,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY.COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT, the budget for the City of La Porte, Texas, now before the said City Commission for consideration, as hereinabove sum- marized and a complete copy of which is on file with the City Clerk, be, and the same is hereby adopted as the budget for the said City of La Porte, Texas, for the period of October 1, 1979, through September 30, 1980; BE IT FURTHER RESOLVED, that the said City Commission finds • that all things requisite and necessary to the adoption of said budget have been performed as required by Charter or Statute. PASSED AND APPROVED THIS day of September, A.D., 1979. CITY OF LA FORTE, TEXAS By • J. J. Meza, Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ~ • • PERSONNEL POLICIES • CITY OF LA PORTE, TEXAS • • • CONTENTS • Section Page CHAPTER 1 INTRODUCTION 1 Objectives 1 2 Equal Opportunity Policy 1 3 Applicability 2 4 Dissemination 2 5 Amendment 2 6 Division of Responsibility 2 CHAPTER 2 METHOD OF FILLING VACANCIES 1 Vacancy Identification 3 • 2 Promotion Policy 3 3 Temporary Promotions 3 4 Transfers 3 5 Nondisciplinary Demotions 4 6 Applications 4 7 Evaluation 4 8 Disqualification 5 9 Referral and Selection 5 CHAPTER 3 APPOINTMENT 1 Authority 6 2 Basis 6 3 Type ... 6 • 4 Emergency Temporary Appointments 6 iii • • Section Page . . • 5 Nepotism 7 6 Residence 7 7 Medical Examinations 7 CHAPTER 4 .PROBATION 1 Probationary Period 8 2 Purpose 8 3 Failure of Probation 8 4 Appeal of Failure of Probation 8 CHAPTER 5 PERFORMANCE EVALUATION 1 Performance Evaluation Report 9 • 2 Purpose 9 3 Counseling 9 4 Reconsideration 9 CHAPTER 6 CLASSIFICATION (RESERVED) CHAPTER 7 COMPENSATION 1 Basis 11 2 Administration of Salary Schedules 11 3 Pay Day 12 4 Overtime 12 5 Standby Requirements 12 • 6 Longevity 13 iv • • Section Page • 7 Jury Duty 13 8 Insurance and Retirement Health Insurance 13 Retirement 14 9 Credit Union 14 CHAPTER 8 ABSENCE 1 Holidays 15 2 Vacation 16 3 Sick Leave 17 4 Military Leave 18 5 Emergency Leave 18 • 6 Administrative Absence with Pay 19 7 Authorized Leave without Pay 19 8 Absence without Leave 19 9 Pregnancy and Maternity 20 10 On-Duty Injuries 20 CHAPTER 9 CONDUCT 1 Attendance 21 2 Work Standards 21 3 Political Activity 21 4 Solicitation 22 5 Physical Fitness 22 6 Personal Appearance 22 • ~ 22 7 Financial Obligations . 8 Operation of City Owned Vehicles/Equipment 22 v • • Section Page • CHAPTER 10 DISCIPLINE, APPEALS, AND GRIEVANCES 1 Grounds for Disciplinary Action 23 2 Types of Disciplinary Action 23 3 Written Reprimand 23 4 Suspension 24 5 Demotion 24 6 Dismissal 24 7 Appeal of Disciplinary Action 24 8 Grievance Procedures 25 CHAPTER 11 NONDISCIPLINARY SEPARATION 1 Resignation . ' . 26 • 2 Incapacity 26 CHAPTER 12 REINSTATEMENT 1 Following Separation for Incapacity 27 2 Veterans 27 3 Restoration of Seniority Credits 27 CHAPTER 13 PERSONNEL FILES AND REPORTS - 1 Personnel Files ~. 28 2 Status Changes 28 • vi • • CITY OF LA PORTE PERSONNEL RULES CHAPTER 1 INTRODUCTION Section 1. Objective • These rules are designed to bring to the City service a high degree of understanding, cooperation, efficiency, and unity through systematic, uniform application of personnel practices. Objectives of the City personnel management system, which includes these rules, are: a. To promote and increase efficiency, 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 service in a manner based on merit and fitness as ascertained through fair and practical personnel management methods; • c. To maintain recruitment, advancement, and tenure 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 classi- fication and compensation plans based on the relative duties and responsibilities of positions in the City service; e. To promote high morale among City employees by foster- ing good working relationships and by providing uniform personnel. policies, opportunities for advancement, and consideration of employee needs and desires. Section 2. Equal Opportunity Policy Action shall be taken to ensure equal employment oppor- tunities 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 per- sonnel administration because of religious opinions or affilia- tions, membership or nonmembership in employee organizations, • or because of race, color, national origin, marital status, or other non-merit factors is prohibited. Discrimination on the • • basis of age or sex or physical disability is prohibited except • where specific age, sex, or physical requirements constitute a bona fide occupational qualification. Section 3. Applicability These rules apply to all City employees. A person on fee, retainer or under contract is not considered to be a City employee in the absence of a specific agreement to that effect. Section 4. Dissemination All City employees shall be given a copy of these rules and each department shall keep a copy available for reference by its employees. An affidavit shall be executed by each employee after having opportunity to read these rules and have any ques- tions answered. Section 5. Amendment These rules may be amended, supplemented or superseded at any time deemed appropriate upon the recommendation of the City Administrator and approval of the City Commission. • Section 6. Division of Responsibility With the exception of matters reserved to the City Commission, the general and final authority for personnel management rests with the City Administrator. The City Administrator is delegated the responsibility for developing, administering, and interpreting personnel policies and procedures as they apply to all departments and employees. The City Administrator shall advise in all areas of personnel administration, including employee-management relations, training and career development, and employee health, safety, and morale. Each department head is responsible for administering the provisions of these rules and related policies and procedures under supervision of the City Administrator on all matters perti- nent to his or her department. • 2 • • • CHAPTER 2 METHOD OF FILLING VACANCIES Section 1. Vacancy.Identification Department heads shall notify the City personnel coordinator when vacancies occur or are imminent. Section 2. Promotion Polic A promotion is the assignment of an employee from one posi- tion to a position having a higher maximum salary. It shall be City policy to provide promotional opportunities whenever possible. A selection process may be limited to quali- fied City employees or such employees may be given preference in application and/or consideration.. Opportunities for promotion across organizational lines shall he maximized. Section 3. Temporary Promotions • The City Administrator 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 so pro- moted shall be additionally compensated for the duration of their temporary assignments in amounts to be determined by the City Administrator. Temporary promotions shall not be used to circumvent normal selection procedures. The employees involved shall not acquire any status or rights in the classes to which temporarily promoted except as provided above. Nothing herein shall be construed to prevent the assignment of higher-level duties to an employee without additional compen- sation. Authorized additional compensation shall be paid only in cases of formal temporary promotion effected in accordance with these rules. Section 4. Transfers If an employee desires a change ire position to some other department, he should first discuss the matter with his super- visor, who in turn will consult with his department head and the head of the department to which the employee wishes to change. • Final arrangements will be made through the City Administrator. 3 • An employee who transfers by his request to a new position must understand the following agreement on the terms of the • transfer: (1) A 6-months probationary period will be served in the new position. (2) If the supervisor and/or employee is not satisfied in any way during the 6-months probationary period, the employee may ask for a transfer back to his old posi- tion, providing it has not been filled and the respec- tive department heads and City Administrator approve the transfer back. (3) During this probationary period the employee shall continue to receive all City benefits. Employees who are qualified to fill vacancies are encouraged to do so when it would mean a promotion. Section 5. Nondisciplinary Demotions A demotion is the assignment of an employee from one position to another position having a lower maximum pay. With the approval of the City Administrator and if qualified • to perform the duties of the lower level position, an employee may be administratively demoted at his or her own request or as an alternative to layoff. Such demotions shall not be considered disciplinary actions or disqualify the employees involved from consideration for Pater advancement. Demotions effected as alternatives to layoffs may be fully or partially rescinded at any time. Section 6. Applications Applications for initial employment, promotion or other type of transfer, and reinstatement shall be submitted as prescribed by the City Administrator. Only applications officially received in the prescribed manner shall be considered. All information submitted in connection with applying for positions is subject to verification. Section 7. Evaluation The City Administrator and department head shall determine the most appropriate means of evaluating applicants against posi- tion requirements to identify the best qualified. Reference • checks, interviews, medical examinations, background checks, per- formance tests,. written tests, and/or other screening procedures may be used as appropriate. 4 • Applicants shall be required to provide any information and undergo any examinations necessary to demonstrate compliance with prescribed qualification requirements for the positions involved. Section 8. Disqualification An applicant shall be disqualified from consideration if he or she: a. Does not meet the qualifications necessary for per- formance of the duties of the position involved; b. Has made a false statement of material fact on the application form or supplements thereto; c. Has committed or attempted to commit a fraudulent act at any stage of the selection process. Section 9. Referral and Selection The personnel coordinator shall develop standard operating procedures, to be approved by the City Administrator, for the referral• of applicants to departments for final selection. The • procedures shall provide for selecting officials to report the disposition of all referred applicants and the reasons therefor. • 5 L' • CHAPTER 3 APPOINTMENT Section 1. Authority • Except as otherwise provided by Charter or Ordinance, the appointing authority for all City positions shall be the City Administrator. Section 2. Basis Appointments shall be made based on the qualifications of applicants as ascertained through fair and practical selection methods. Section 3. Type Appointments shall be designated either permanent full time, temporary full time, permanent part time, or temporary part time employees.• • Definitions are as follows: 1. A permanent full time employee is a person who works a regular 40 hour work week. 2. A temporary full time employee is a person who works a 40 hour work week for a predetermined length of time. 3. A permanent part time employee is a person who works less than 40 hours a work week in a permanent position. 4. A temporary part time employee is a person who has a seasonal position, regardless of number of hours worked in a work week. Only permanent full time employees shall be entitled to receive benefits provided by the City. Section 4. Emergency Temporary Appointments Whenever an emergency exists which requires the services of personnel who are not otherwise available, the City Administrator may immediately appoint such personnel without regard to normal . recruitment and selection requirements. 6 Section 5. Nepotism • The spouse (husband or wife) of an employee shall not be eligible for employment in the same department. No person shall be employed who is related within the sec- ond degree by affinity or within the third degree of consanguin- ity to his supervisor, division head or director. Second degree by affinity is defined as brother-in-law, sister-in-law, father-in-law and mother-in-law. The third degree of consanguinity is defined as parent, brother, sister, grand- parent, aunt, uncle, great grandparent, great uncle and great aunt. The City Administrator may apply the nepotism prohibition in other organizational and/or personal relationships when failure to do so would be detrimental to the City. Section 6. Residence There shall be no absolute residence requirement for City employment below the directors level. Employees likely to be called to work in cases of emergency may be required to reside within reasonable commuting ranges of their places of work. • Section 7. Medical Examinations A person selected for initial appointment or reinstatement may be required to undergo a medical examination at City expense. Employment shall be contingent upon successful completion of the. medical examination if one is required in relation to the standards of fitness required for the position involved. The City Adminis- trator, acting on information provided by medical personnel, shall be the final authority in determining medical suitability for employment. With the approval of the City Administrator, a department head may require that a current employee successfully undergo a medical examination to determine fitness for continued employ- ment or for promotion or other personnel action. • 7 • • • CHAPTER 4 PROBATION Section 1. Probationary Period Every person initially appointed to or promoted in the City service under a regular appointment shall be required to successfully complete a probationary period of six months. Section 2. Purpose Department heads and supervisors shall use the probationary period to closely observe and evaluate the work and fitness of employees and to encourage adjustment in their positions and the City service. Only those employees who meet acceptable standards during their probationary periods shall be retained. Section 3. Failure of Probation An employee shall fail probation when, in the judgment of • the department head, the employee's fitness, quantity, and/or quality of work are not such as to merit continuation in the position. Failure of probation may occur at any time within the probationary period and shall not be considered part of the disciplinary process. An initial appointee who fails probation may be separated from the City service. If desirable and feasible, the employee may be administratively transferred to a more suitable position. A newly-promoted employee who fails probation shall be returned to his or her former position and shall be eligible for considera- tion for later advancement. Department heads shall ensure the thorough documentation of all cases of failure of probation. Section 4. Appeal of Failure of Probation An employee failing probation shall have no right of appeal except on the grounds of discrimination prohibited by law or these rules, i:z which case the employee may appeal in writing to the City Administrator within five (5) working days following notice of failure of probation. The decision of the City Adminis- trator shall be final. • 8 • • U CHAPTER 5 PERFORMANCE EVALUATION Section 1. Performance Evaluation Report The performance of each employee shall be evaluated in accordance with procedures developed by the City Administrator. Each employee shall be evaluated quarterly during each fiscal year of employment. Special evaluations may be made if authorized by the department head and/or the City Administrator. Probationary employees shall be evaluated at the midpoint of their probationary periods and again immediately prior to the completion thereof. Section 2. Purpose Performance evaluation is designed to help supervisors and employees measure how well work is being performed and to provide a tool for management decisions regarding merit increases, training, assignment, promotion, and retention of employees. • Section 3. Counselinct Employees shall be provided copies of their performance evaluation reports. Evaluators shall individually discuss the reports with the employees and--shall counsel them regarding their careers and any improvements in performance which appear desir- able or necessary. Section 4. Reconsideration Employees dissatisfied with their performance evaluations may seek reconsideration by using established procedures. • 9 • C~ J CHAPTER 6 *CLASSIFICATION • • *Position classifications and the Salary Compensation Plan are to be found in a separate document. 10 • CHAPTER 7 COMPENSATION Section 1. Basis • The City Administrator shall prepare and administer a compensation plan for City employees subject to City Commission approval. Employees shall be paid salaries or wages in ac- cordance with the compensation plan, which shall include one or more salary schedules. In positioning salaries on schedules, consideration shall be given to prevailing rates of pay among public and private employers; the duties, responsibilities, and qualifications required of employees in these classifications; and other relevant factors. Section 2. Administration of Salary Schedules Salary schedules shall be administered in accordance with the following rules: • a. Anew employee's salary shall be commensurate with his or her qualifications. In exceptional circum- stances, the City Administrator may authorize hiring above the minimum salary for that classification. b. Anewly-promoted employee shall ordinarily be compen- sated at the lowest step of the new salary range which would provide an increase in pay over that received in the previous class. An employee being laterally trans- ferred shall ordinarily continue to receive the same salary and shall retain the same eligibility date for pay increases. c. Subject to budget limitations, merit increases within salary ranges may be granted as specified in the compen- sation plan upon recommendation of department heads and approval by the City Administrator. Careful considera- tion to the ability and production record of each em- ployee shall be given. d. No employee shall be paid more than the salary estab- ,lishe3 in the approved compensation plan, except an employee whose position was downgraded by reclassifica- tion or changes in the labor market, through no fault of the .employee, may continue to receive his or her • former salary until a new salary equals or surpasses the old salary or the employee's position changes. 11 • e. An employee voluntarily or involuntarily demoted for any reason shall be compensated on a step of the new range as administratively determined. f. A former employee reinstated pursuant to provisions of these rules shall be compensated on a step of the ap- proved range as administratively determined. Section 3. Pay Day Employees are paid every other Friday of each month. Pay- roll-checks will be given to department heads, who will in turn distribute them to their employees. If you are off duty on pay day and wish to have your check picked up by someone else, you must-send a written note identifying the person who will be get- ting your check. This note must give permission to release your check to that person. Pay advances are not granted. Section 4. Overtime Overtime, when ordered for essential City functions, shall be allocated as evenly as possible among all classified employees qualified to do the work. ' • Exempt employees are not eligible for. overtime and are re- quired to work the number of hours necessary to satisfactorily care for their position. All employees who are eligible for overtime shall be compen- sated at a rate of one and one-half times their normal. hourly rate for all hours worked in excess of forty (40) hours per week, except for employees of the fire department, who work twenty-four (24) hour shifts. Those employees shall be compensated for authorized overtime at the rate of one and one-half times their hourly rate for all hours worked in excess of fifty-six (56) hours per week, provided said overtime was worked between the hours of 7:00 A.M. and 7:00 P.M. All overtime hours worked in excess of fifty-six (56) hours per week that were worked between the hours of 7:00 P.M. and 7:00 A.M. shall be paid at their regular hourly rate. Section 5. Standby Requirements In the Water and Sewer Department, as well as the Street Division, it is necessary that qualified personnel be available to handle emergencies that might arise. • Employees of these departments/divisions are subject to being scheduled on a standby basis for emergency calla This standby duty is rotated among qualified employees and they shall be com- pensated for this responsibility. 12 • In addition to standby shall be compensated, plus hourly salary for all hours 40 hour work week. Section 6. Longevity compensation each person on standby one and one-half times their regular actually worked over the regular Longevity compensation is a reward for length of continuous service with the City. Longevity is calculated on the basis of the number of months of continuous service. On the first of December each year all permanent full time employees who have completed one full year's service will receive compensation for each month of service beginning with their date of employment. Longevity compensation is given as a reward for completing another year's continuous service. For this reason, employees who voluntarily and/or involuntarily terminate are not eligible for longevity compensation. _ Employees terminating their employment as a result of retire- ment under the City's approved retirement system shall, upon re- tirement, receive their earned longevity compensation, based upon • their completed months of service. Section 7. Jury Duty • All employees shall be granted leave of absence from regular duties when called for jury services. The length of such authorized absence shall be equal to the time required for jury service. Proof shall be furnished to the department head. Employees on authorized leave for jury service shall be con- tinued on the City payroll at full salary, which shall be in addi- tion to any pay employee may receive for serving on the jury. Department heads shall be responsible for seeing that such absence is reported on the employee's time card. • Section 8. Insurance and Retirement Health Insurance The City of La Porte pays. the entire cost of health insurance . for the permanent full time employee and his family. Also included in this insurance is a life insurance policy for the employee only. 13 If an employee knows that he or she or a member of their • family has to be admitted to the hospital, he or she should notify their supervisor or department head before admittance. However, should it be an emergency, notice should be given as soon as practical. Notice to Department Heads When an employee notifies you of the need to go to the hospital, please notify the personnel coordinator so that she will know what to~tell the hospital if they call. Retirement The City has adopted a mandatory retirement program for permanent full time employees. However, there is a ninety (90) day waiting period before it is effective. The provisions of the Retirement Program are covered in the Texas Municipal Re- tirement Handbook. Eligible employees may be separated by retirement in ac- cordance with applicable programs. Employees shall be retired from employment on the last day of the calendar year in which their seventieth (70) birthday occurs. An employee's retirement may be deferred by his or her request and with the approval of the City Administrator, provided the employee is able to pass an • appropriate physical examination. Retirement deferments shall be granted on a year-to-year basis. Section 9. Credit ~7nion All employees, at the time of employment or any time there- after, are invited to become members of the La Porte City Employees Federal Credit Union.* To become a member, an employee must pay a 25~ application fee plus purchase of one $5.00 share (savings account). Payroll deductions are made for savings and/or loans. Dividends are paid to members with savings accounts. Loans are also available at low interest rates after completion of pro- bation and three (3) months service with the Credit Union. Insur- ance protection is provided on savings accounts and. loans in the event of death or disability. For further information contact the Credit Union personnel. *Credit Union is not a part of the City of La Porte organization. n U 14 C~ CHAPTER 8 ABSENCE Section 1. Holidays 1. Authorized Holidays • New Years Day Washington's birthday Good Friday Memorial Day Independence Day Labor Day Thanksgiving • January 1st Third Monday in February Friday before Easter Last Monday of May July 4th First Monday in September Fourth Thursday & Friday in November Christmas Eve December 24th Christmas Day December 25th 2. When a holiday falls on a Saturday, Friday will be observed. When a holiday falls on a Sunday, Monday will be observed. 3. All employees will be paid one day's pay for each official holiday. To be eligible for holiday pay the employee must work the scheduled workday preceding and following the holiday unless absence with excuse is acceptable to the department head. 4. Employees scheduled to work on a holiday, and fail to work as scheduled, will not be eligible for holiday pay. 5. When an employee has to work on a holiday, the employee will receive the day's pay plus time and one-half for hours worked, except that employees of the fire depart- ment who work twenty-four (24) hour shifts shall receive holiday pay for only eight (8) hours. Time and one-half shall be paid according to overtime policies defined in Section 4. • 15 • • • Section 2. Vacation 1. Employees accrue vacation by the hour each pay period. 2. An employee must be employed by the City for one full year before he is eligible to use accrued vacation time. 3. Employee eligibility is as follows: Years of Service 1-5 6-10 11-15 16-over Hours per Pay Period 3.076 hrs. 4.615 hrs. 6.153 hrs. 7.692 hrs. Vacation per Year or 10 days or 15 days or 20 days or 25 days 4. All vacations must be taken in the year in which they are due. For example: An employee begins work on June 1, 1978. As of June 1, 1979, he is eligible for ten (10) working days vacation. This must be taken from June 1, 1979, through May 30, 1980. • 5. If a permanent full time employee terminates after one year of service, the employee shall receive, at separa- tion, payment for accumulated but unused vacation hours according to the following formula: Vacation hours x Annual salary = payment 2080 This section does not apply to employees being terminated for just cause. 6. Should an employee terminate with a negative balance of accrued vacation, the amount of unearned vacation he has already received shall be withheld from his final check. 7. If an employee is on vacation and a holiday should occur, the employee will be granted an extra day of vacation. 8. Should an employee get sick while on vacation, he or she will furnish a Doctor's certificate showing date and nature of illness, this time to be charged to Sick Leave. 9. Vacation leave shall be arranged with department heads. Department heads should arrange vacation at such time • that would least interfere with operations of the City and at the same time consider the employee. Should there be a conflict between employees as to the time of vaca- tions, preference will be given to the one with the longest tenure with the City. 16 • 10. All employees shall be required to take at least five (5) • days of vacation consecutively at some time during the year. Employees with four (4) weeks vacation shall be required to take at least five (5) days of vacation con- secutively three times each year. Employees with five (5) weeks vacation shall be required to take at least five (5) days vacation consecutively four times each year. The remaining days of vacation may be taken in periods desired by the employee and approved by the im- mediate supervisor. Vacation time may not be taken in periods of less than one day. 11. During the first five (5) years of service an employee is allowed to carry over five (5) days of vacation from one year to the next by taking one week this year and three weeks the next. Employees entitled to twenty (20) and twenty-five (25) days shall take the full time each year. 12. Each employee is expected to take a vacation each year and will not be paid in lieu of vacation. Section 3. Sick Leave 1. Each permanent full time employee shall accrue sick leave at the rate of 4.615 working hours per pay period of ser- . vice, and any such accrued but unused portion shall be unlimited. 2. Leave with. full pay granted for illness shall be limited to amount of sick time accrued. 3. Employees who are absent from work because of illness must report their absence to their department heads prior to their duty time on date of illness. Any employee failing to make such report will be penalized by having leave changed to leave without pay. " Employees who are absent from work because of illness for three or more days in any six (6) months period may be placed on physical report status to ensure their fit- ness for duty. Employees in physical report status must submit to their supervisor a Doctor's statement of fit- ness for duty upon returning to work after being absent from work for illness. Failure to submit required re- ports is justification for disciplinary action. 4. ~A11 department heads shall make spot checks of illness of employees from time to time to be assured that sick privi- leges are not abused. Abuse of sick leave privileges is reason for dismissal. • 17 • 5. Department heads are responsible for reporting sick leave time on the employee's time card. • 6. If a permanent full time employee terminates after com- pleting one (1) year of service, the employee shall re- ceive, at separation, payment for accumulated but unused sick leave hours according to the following formula: Sick leave hours x Annual salary = payment 2080 Under no~circumstances, however, shall a terminating employee receive payment for more than four hundred eighty (4$0) hours of sick leave compensation payment, regard- less of the number of hours accumulated. In addition, this section does not apply to employees being terminated for just cause. Section 4. Military Leave Military reservists who must attend required summer training or other military activity are eligible for military leave of absence for a period not to exceed two (2) weeks. The City will grant the employee full pay for one week of such training per calendar year. Any additional time required shall be taken without pay or charged to accrued vacation at the employee's discretion. • Employees requiring the use of authorized military leave of absence shall furnish their department head and the personnel coordinator with copies of military orders or other appropriate certification to document the necessity for leave. Section 5. Emergency Leave 1. In case of sudden and/or serious illness or injury to a member of an employee's immediate family which requires the employee's personal attention and care, he may be allowed absence with pay for a period not exceeding three (3) working days. 2. Emergency leave is confined to three (3) working days for no more than a total of two (2) times in any one (1) year. 3. Immediate family shall be defined as wife, husband, child, brother, sister, parents, grandparents, mother-in-law or ,father-in-law, or foster parents, but not both parents and foster parents. 4. In case of death to member of an employee's immediate • family an employee shall be granted leave with pay oc- curring in the first three working days immediately following the date of death. 18 • 5. Death of relatives other than those mentioned above not • included in the immediate family, shall be considered individually and such time allowed as circumstances warrant. 6. Department heads shall be responsible for appropriate reporting of employees' emergency leaves. 7. Any additional time off requested may be granted by the department head without pay. Evidence of death satis- factory to the department head may be left to his discretion. Section 6. Administrative Absence with Pa An employee ordered not to report to work or who cannot report for work because of inclement weather or disaster may be granted administrative absence with pay by the City Administrator if recommended by the departmental director. Employees shall be granted sufficient administrative absence with pay, when necessary, in order to vote in an official election. Employees called for jury service shall be granted administrative absence with pay during such service and shall retain any fees paid by the courts. Employees excused or released from jury ser- vice shall report to their work stations in accordance with de- • partmental instruction. With the approval of the City Administrator, a department head may grant an employee administrative absence with pay for purposes of attending a professional conference, convention, training activity, legislative proceeding, or civic function or meeting, or for purpose of coordinating with governmental and private agencies and entities in the interest of the City. Section 7. Authorized Leave without Pa In circumstances not falling within other provisions of these rules, the 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 weeks. Authorized leave without pay in excess of two weeks must be approved by the City Administrator. Section 8. Absence without Leave An employee failing to report for 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. • 19 • • An absence without leave constitutes abandonment of duties, • which may result in dismissal. Absences of three consecutive days without authorization will be considered as a voluntary resignation. Section 9. Pregnancy and Maternity Pregnancy is treated as any other nonduty temporary disability covered under the rules, and accumulated sick leave may be applied for this purpose. If at any time during pregnancy an employee becomes aware that her and/or her unborn child's health is endangered by her duties, she must immediately make that fact known in writing to her department head. By the end of the sixth month of pregnancy and at such other times as deemed necessary by the department head, pregnant employees shall submit to their department head a Doctor's statement indicating the employee's physical ability to perform her duties. Employees returning to work after childbirth shall submit to their department head a Doctor's statement indi- cating the employee's physical ability to return to work. Section 10. On-Duty Injuries • An employee injured while in the performance of assigned duties shall immediately report to their supervisor and receive first aid or be taken to a doctor or a hospital. Note to Department Heads: Fill out accident report, take statements of fellow workers who witnessed the accident and see that this information is attached to the attending physician's report and forwarded to personnel. When an employee is injured due to an on-duty accident, he or she will be placed on injury leave, if warranted. Workmen's Compensation will salary as prescribed by law, and of the average weekly salary for days. pay part of the average weekly the City will pay the remainder a maximum period of ninety (90) • 20 • CHAPTER 9 CONDUCT Section 1. Attendance • Employees shall be at their places of work in accordance with City and departmental policies and regulations. Department heads shall establish work schedules and maintain daily employee attendance records. Section 2. Work Standards It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and economy in his or her work for the City. Department heads shall organize and direct the work of their departments to achieve these objectives. If the work habits, attitude, production, and/or personal conduct of an employee fall below appropriate standards, super- visors should point out the deficiencies at the time they are observed. Counseling of the employee in sufficient time for • improvement should ordinarily precede formal disciplinary action, but nothing herein shall prevent immediate formal action, as pro- vided elsewhere in these rules, whenever the interest of the City requires. Section 3. Political Activi Except as may be otherwise provided by law, the following restrictions on political activity shall apply to City employees: a. City employees shall not use their positions for or against any candidate for public office in any juris- diction. b. City employees shall not use working hours or City property to solicit or receive any subscription, con- tributions, or political service, or to circulate any petition or campaign literature on behalf of any candi- date for public office. c. City employees shall not engage in any political activity, with or without remuneration, that would constitute a conflict of interest with their City employment. • 21 • • Section 4. Solicitation Solicitation of funds or anything of value for any purpose whatsoever shall not be permitted of or by City employees on duty. No employee may be required to make any contribution nor may an employee be penalized in any way in connection with his or her employment according to his or her response to a solicitation. Section 5. Physical Fitness It shall be the responsibility of each employee to maintain the standards of physical fitness required for performing his or her duties. Section 6. Personal Appearance All employees, regardless of work location and degree of public contact, are expected to dress appropriately and in good taste and are expected to maintain a good general appearance at all times. Section 7. Financial Obligations • All employees are required to keep their personal financial affairs in good order. Failure to pay just debts, including taxes, may constitute grounds for disciplinary action. Section 8. Operation of City Owned Vehicles/Equipment All employees are required to operate City owned vehicles/ equipment in a safe and prudent manner in compliance with all laws. Improper and/or unsafe operation of vehicles/equipment is justification for disciplinary action. In addition, all employees who have operating vehicles/equipment as a responsi- bility of their position classification must have and maintain an acceptable personal driving record. Uninsurability or ex- clusion of an employee by the City's insurance carrier is justi- fication for transfer, demotion and/or termination. • 22 i • CHAPTER 10 DISCIPLINE, APPEALS, AND GRIEVANCES Section 1. Grounds for Disciplinary Action The City Administrator or designee thereof may take dis- ciplinary action against an employee for just cause. Just cause shall be related to the duties involved and shall include but not be limited to illegal, unethical, abusive, or unsafe acts; violation of City rules, regulations, policies, ,or procedures; insubordination; inefficiency; neglect or abandonment of duties; participation in prohibited political activity or solicitation; abuse of illness, injury, disability, or other benefits; tardi- ness or absence without leave; falsification of official docu- ments or records; using or being. under the influence of drugs or intoxicating beverages while on duty; waste, damage, or un- authorized use of City property or supplies; unauthorized use or disclosure of official information; and unauthorized or im- proper use of official authority. Section 2. Types of Disciplinary Action • Formal disciplinary action taken shall be consistent with the nature of the deficiency or infraction involved and the record of the employee. Formal disciplinary action shall include written reprimand, suspension, reduction in pay, demotion, and dismissal. Any of the foregoing types of formal disciplinary action may be invoked for a particular deficiency or infraction, depending upon the exact circumstances. 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. Nothing herein shall prohibit the administration of informal disciplinary action, such as oral reprimands, for just cause. Section 3. Written Reprimand In the interest of good discipline, an employee may be reprimanded in writing. The written reprimand shall describe the deficiency or infraction involved and shall state the likely consequences of further unsatisfactory performance and/or con- duct. A copy of the reprimand shall be kept in the employee's official personnel file. • 23 Section 4. Suspension • In the interest of good discipline, a director may suspend an employee without pay for up to one week in one calendar year. All suspensions in excess of one week must be approved by the City Administrator. A written notice of suspension must be given to the employee which describes the deficiency or infraction in- volved, the terms of the suspension, and the likely consequences of further unsatisfactory performance and/or conduct. The sus- pension shall be permanently noted in the employee's official personnel file. When an employee is under investigation for a crime or of- ficial misconduct or is awaiting hearing or trial in a criminal matter, he or she may be suspended without pay for the duration of the proceedings when such suspension would be in the best interests of the' City and the public. If the investigation or proceedings clear the employee, he or she shall be eligible for reinstatement under such terms and conditions as may be specified by the City Administrator. Section 5. Demotion In the interest of good discipline, an employee may be demoted. A written notice of demotion must be given to the em- • ployee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performance and/or conduct. The demotion shall be permanently noted in the employee's official personnel file, but the employee shall not be disqualified from consideration for later advancement. Section 6. Dismissal In the interest of good discipline, an employee may be dis- missed from the City service. A notice of dismissal must be given to the employee which describes the deficiency or infraction involved. Any employee who is dismissed for-just cause shall forfeit all rights to any unused vacation, sick leave, or other benefits gener- a11y received from the City. Section 7. Appeal of Disciplinary Action Formal disciplinary action taken under this chapter may be appealed in writing directly to the City Administrator within five (5) working days following notice of the action. The action may be stayed .pending decision on the appeal or may take effect at any time after issuance of the notice as determined by the City Administrator. • _ 24 • Upon request, an employee against whom disciplinary action is taken shall be entitled to appear personally before the City Administrator. All parties shall have the opportunity to present their position. The City Administrator, following careful investi- gation, shall have the authority to approve, disapprove, modify, or rescind any disciplinary actions taken or proposed. There shall be no right of appeal for probationary employees except on the grounds of discrimination prohibited by law or these rules. Section 8. Grievance Procedures Employees shall be encouraged to informally take any duty- related complaints or problems to their immediate supervisors. Following informal discussions an employee remaining dissatisfied with a working condition, or some other aspect of employment not subject to the appeal procedure, may submit a written grievance to his or her immediate supervisor within 15 calendar days after the cause of the grievance arises or becomes known. It shall be the responsibility of the immediate supervisor to study the grievance and attempt to resolve it within ten (10) calendar days. Further discussion with the grievant shall be • encouraged. If the grievance cannot satisfactorily be resolved within 10 calendar days, the immediate supervisor shall refer it with comments and/or recommendations to the next higher level of supervision. The department head will be the last person in the department to whom an unresolved issue will be taken. If the matter is still unresolved, it shall be taken to the City Administrator for disposition. Any intimidation, coercion, or threatened reprisals used to violate the intent of this procedure by any parties involved shall constitute just cause for disciplinary action. 25 • • • CHAPTER 11 NONDISCIPLINARY SEPARATION Section 1. Resignation An employee may leave the City service in good standing by submitting his or her resignation in writing at least 14 working days in advance. The City Administrator may waive any portion of the notice period. Section 2. Incapacity Employees may be separated from City service because of incapacity for medical reasons when the employee no longer meets the standards of fitness required for the position and/or the employee cannot return to work within thirty calendar days fol- lowing the use of all accrued sick leave benefits. Separation for incapacity shall not be considered disciplinary action and shall not operate to deny an employee the use of any accrued illness, injury, disabiltiy, or other benefits. 26 ~ ~ • CHAPTER 12 REINSTATEMENT Section 1. Following Separation for Incapacity A person who was separated for incapacity may be reinstated within one (1) year following separation provided that: 1. The reason for the incapacity has been corrected. 2. The person's previous position and/or a similar position is available. 3. The person remains otherwise qualified to perform the duties of the position. Section 2. Veterans Employees who left the City service in good standing to enter on.duty with the armed forces of the United States shall be • eligible for reinstatement in accordance with applicable State and Federal laws. Section 3. Restoration of Seniority Credits Restoration of seniority or service credits upon reinstate- ment shall be negotiable. • 27 • • CHAPTER 13 PERSONNEL FILES AND REPORTS Section 1. Personnel Files The personnel coordinator shall maintain the official personnel files for all City employees. Unless otherwise pro- vided by law, personnel files and information shall be confi- dential and may not be used or divulged for purposes unconnected with the City personnel management system except with the per- mission of the employees involved. Nothing herein shall prevent the dissemination of impersonal statistical information. Em- ployees shall have the right of reasonable inspection of their official personnel file under procedures prescribed by the City Administrator. Section 2. Status Chances Department heads shall report changes in personnel status of their employees in accordance with procedures developed by the City.Administrator. • • 28 OF I.A POItTF: EMPLOYF:T•. EVALUATION REPORT • QUALITY: Excosaive errors and Acceptable by minimum No more mistakes Quality above aver- highest possible mistakes. Very poor standar.cis. Improve- then should be ex- age. Few errors and quality. Final mcnt needed. pected. Quality mistakes. job virtually Frc from errors quality. orfect. an takes; accu- definitely accept- P ra uality of work ~-7 able. L~ L...7 L-7 in general. ~ ~-/ Comments: QUANTITY: Extremely low output. Acceptable but low Definitely not ac- output. Below aver- The actual work out- ceptable. aSe• put of the employee relative to other -7 0 employees . (_f Comments: Performs routine Rarely shows initia- Occasionally shows Is progressive; has i- tive ima Initiative and creativeness re- only. Lacks initia- tive. Routine worker. initiative; some- g some crea ti n sult in frequent' tive. times makes sugges- . na o savings in time tions. and money. INITIATIVE AND CREATIVENESS: Consider ability to plan work and to go ahead with a job without being told every detail, and the ability to make constructive sug- gestions. Comments EFFORT: The degree to which the employee does best to be a top em~ee (without re to how ef- fe a he/she may be). Consider cons- cientiousness and motivation. Comments: DEPENDABILITY: The extent to which the employee can be depended upon to be available for work and to do it prop- erly. Comments: COOPERATIVENESS: Willingness to work harmoniously with others in getting a job done. Readiness to observe and con- form to the policies of management. Comments: CUSTOMER RELATIONS: The polito attention an individual gives to~er people. Comments: Exerts effort only Low motivation. when forced to do so. Could perform much better than he/she does.' /=7 L7 L~ /~ L~ Definitely a top producer. L-7 Intensely moti- vated. Exerts maximum effort. L-7 Usually unreliable. Does not assume responsibility. Gives up easily. L-7 Sometimes unr.elia- Trustworthy and More reliable than Completely reli-- ble. Avoids respon- reliable. Needs average. Usually able. Highly sibility. Satisfied average directions. persists in spite persistent. to "get by." About average in of difficulties. Finishes a job at persistence. any cost to him- self/herself. L~ Extremely negative and hard to get along with. Average output. Produces more than Definitely accept- most. Above aver- able. age. L7 Satisfactory ef- fort. Average motivation level L-7 Exerts more effort than most. Hard worker. L~ L~ Indifferent. Makes Cooperative. Gets Goes out of way to no effort to cooper- along well with cooperate and get ate. others. Itas a good along. attitude. a v Extremely cooper- ative. Stimu- lates teamwork and good attitude of others. Blunt; discourteous; Sometimes tactless. Agreeable and pleas- Always very polite Inspiring to antagonistic. ant. and willing to help. others in being courteous and very pleasant. C7 !~ L7 C1 /? • JOFS KNOWLEDGE: Mlnimum knowledge Lacks knowledge to Satisfactory know l- ell informed about Authoritative perform more prop- for doing job. edge of job and suf- own job and related knowledq~ of own Itnowledgc of the erly. ficicent knowledge of jobs. work; superior techniques, skills, related jobs, knowledge of re- processes, equip- fated jobs. went, procedures pnd materials. L7 ~ ~/ L~ L~ • Commentst ATTENDANCE: Often absent with- Lax in attendance Usually present and Very prompt; regular Always regular out good excuse and/ and/or reporting on time. in attendance. and prompt. Faithfulness in or frequently reports for work on time. coming to work for work late. daily and conforming to work hours. L~ /_] v L~ Comments: LOYALTY: flas little or no con- Somewhat critical Interested in the Usually enthusiastic Unusual concern corn for the goals of the City and well-being of the in feeling toward the for goals and wel- Identification with and general welfare its personnel. City and stands up City. welfare of City. the City, its goals of the City. Overly concerned for it. Enthusiastic and its purposes. with self-inter- supporter of City iillingness to stand est. personnel and up for the City and policies. promote its welfare. Willingness to put the welfare of the L~ ~ L~ L~ L-] City ahead of immedi- ate self-interest. Comments: • JUDGEhIENT: Frequently makes Sometimes fails to Generally thinks Better than average Unusual rational judgements which consider facts and rationally. Not judgement. Very mature powers. Brilli- The extent to which are unsound. Im- makes errors of immature or illogi- and sound in his/her ant in analyzing the employee makes mature in thinking judgement the aver- cal. Has healthy thinking, facts and solvir.; decisions which are and judgement, age person would respect £or facts. problems. No im- sound. Freedom from avoid. pulsive decision. impulsiveness and immaturity in think- - ing. Ability to /? L ] ~ L~ • /? base actions on fact rather than emotion. Comments: RESPONSIBILITY: No concept of prop- Occasionally Satisfactory usage Seldom abuses or Exceptionally erty value; waste- abuses or wastes. of equipment and wastes. considerate, The degree to which ful, abusive. supplies. thrifty, economi- the employee is cal. responsible for equipment and ma- terials assigned to L~ ~~ L~ L7 L~ him and others. Comments: LEADERSHIP: Lacks good super- Occasionally inef- Generally accept- Better than average Extremely pro- visory abilities. ficient. able performance. performance. ficient in per- Proficiency i.n formance of training employees, duties. planning, organiz- ing, laying out and getting work done; fiscal responsi- (~ L~ ~ L~ L~ bility. Comments: • ODSEkVANCF. OF BAFETY AND AULES~ Extont to which employeo is con- corned with nafoty o[ eolE and othora. A1' onsidcr drly- in cord. Commenter Extromoly negloct- ~omotimce fails to Usually nafoty ~ooa out of way to Extremoly conscious ful of nafoty ruloe obaorvo safety pro- conscious. ~onsldcr safety of of safety of eelf and procoduroa. ceutlona, opozetiona. end othora. v !7 D O v CAPACITY AND AMDI- Going backward. TIONs For future growth. Review all of the factors that you have previously con- sidered and evaluate his/her capacity and (~ ambition for future advancement. t Questionable. Has reached suit- Should be consi.d- Should be considered able job. ered for promotion for promotion in the in his/her depart-. City. spent. a 0 v Emp oyes Signature and Comments Date Supervisor Signature an Comments Date par ment ea igna ure an ommen s Date • • • • CITY OF LA PORTE • • _', SALARY COMPENSATION PLAN • EXPLANATION OF IMPLEMENTATION • FOR THE SALARY COMPENSATION PLAN OBJECTIVES OF CLASSIFIED SALARY COMPENSATION PLAN The essential purpose of a salary compensation plan is to set salaries and wages on the basis of the relative value of jobs in the labor market. One important way of retaining a qualified caliber of personnel to maintain the efficient operation of the city government is to adequately compensate them for their con- tribution to the continued success of the organization. By pro- viding a salary compensation plan, the City of La Porte seeks to accomplish the following objectives: 1. To provide a systematic approach to the compensation of employees. 2. To provide an economic evaluation of each position; thereby, allowing a better method of defining budgetary appropriations for personnel. 3. To increase job satisfaction among employees by adhering to the principles of equal pay for equal position both internally and externally, thereby increasing the City's • ability to recruit and retain qualified employees. 4. To create an environment for individual motivation by providing a compensation system which creates, not only an incentive factor, but a sense of organizational worth for the employee to improve his or her qualities and production and move upward within his or her position classification level. METHODOLOGY FOR CREATION OF THE PLAN To position classifications on salary levels, it is important to carefully assess the prevailing values placed on personnel resources in the labor market. In placing classifications on salary levels, considerations were based on three areas of comparison. 1. Current salary appropriations of the City of La Porte. 2. Current salary appropriations of surrounding cities. Salary data was obtained from many Houston-area cities and towns. However, in preparing this program, it is important to concentrate on those towns and cities with whom the City of La Porte normally competes for new per- • sonnel. Therefore, the cities of Baytown, Deer Park, • • SALARY COMPENSATION PLAN • PAGE 2 METHODOLOGY FOR CREATION OF THE PLAN (cont.) and Pasadena have been selected for purposes of obtain- ing a salary average for each position classification. Care has been taken to compare, not only job title, but responsibilities and duties of positions in each city in comparison to La Porte, to insure a fair salary average for positions of equal content and difficulty. 3.' Salary appropriations of comparable positions in our many area industries. Salaries and benefits in industry are generally higher and, although we have not used industrial wages in this study, we feel the City of La Porte should recognize their existence and that they are an important impact in hiring and retaining quality personnel. • IMPLEMENTATION PROCEDURE To implement the salary compensation plan it is essential that all employees be moved into the plan in a manner through which all employees receive an increase in their salaries. The procedures chosen for implementation of the salary compensation plan are: 1. An employee whose present salary is below the minimum step of the pay range recommended for his or her position would have their salary increased to the first step of the pay range. After six months, that employee will be granted a step increase. 2. An employee whose present salary falls exactly on a step within the recommended range for his or her position will be granted a step increase to the next highest step. 3. An employee whose salary falls between steps on the recom- mended range for his or her position would have their salary increased to the salary step immediately above their present salary. 4. An employee whose present salary falls above the maximum step of the salary range recommended for his or her position would receive no change in pay. After initial implementation, the City of La Porte's salary compen- sation plan shall be administered in accordance with the rules set forth in Chapter 7 of the City of La Porte Personnel Policy. • SALARY COMPENSATION PLAN • PAGE 3 MAINTENANCE OF PLAN Periodic reviews of pay rates are necessary to maintain a current and viable compensation plan, for classification actions and chang- ing labor market conditions require systematic attention to compen- sation. The. Personnel Department shall conduct annual surveys of • public and private employers to update the City's compensation data. These surveys shall be in conjunction with the budget process as to provide the Council with information on which to base their appro- priations for personnel services. COST OF IMPLEMENTATION The cost of implementing the Salary Compensation Plan in the General Fund and Water and Wastewater Fund are as follows: .GENERAL FUND Cost of Implementation $245,479.00 • Less Amount Allocated for COL 240,369.00 DEFICIT -$ 5,110.00 WATER & WASTEWATER FUND Cost of Implementation $ 54,660.00 Less Amount Allocated for COI; 35,674.00 DEFICIT -$ 18,986.00 TOTAL DEFICIT -$ 24,096.00 It is recommended that the deficit of $24,096.00 be made up from the contingencies of each respective fund. • CITY OF LA PORTE • LIST OF CLASSIFICATION TITLES DIVISIONS CLASSIFICATION TITLE Fire Prevention Fire Inspector Clerk/Typist 502 Fire Suppression Firemen 600 Police Adm. Lieutenant Secretary 601 Police Patrol Patrol Sgt. Patrolmen 602 Criminal Invest. Detective Sgt. Detective . Secretary 603 ID and Records I.D. Officer Records Clerk 604 Police Aux. Services Dispatcher Humane Officer Bldg. Maint. Man 700 Administration Secretary Receptionist/Clerk Housekeeper RANGE 13 9 16 4 13 9 13 11 4 13 4 4 4 3 4 3 3 • • • CLASSIFICATION TITLES (cont.) • PAGE 2 DIVISIONS CLASSIFICATION TITLE RANGE 701 Accounting Chief Accountant 17 Accounting Clerk I 6 Accounting Clerk II 5 702 Purchasing/Personnel Purchasing/Personnel Coord. 9 703 Tax Tax Assesor/Collector 11 704 Municipal Court Warrant Officer 9 Court Clerk 4 • 705 Code Enforcement Chief Bldg. Inspector 17 Bldg. Inspector 14 Clerk/Typist 3 706 Warehouse Warehouseman 6 800 Public Works Adm. Secretary 4 Receptionist/Clerk 3 Custodian 3 801 Street Dept. Superintendent 15 Equipment Operator III 9 Equipment Operator II 7 Equipment Operator I 5 802 Sanitation Dept. Superintendent IS Foreman 9 • Truck Driver 7 Laborer 4 • •CLASSIFICATION TIT (cont.) PAGE 3 • DIVISIONS CLASSIFICATION TITLE RANGE 803 Water Superintendent 15 ' Utility Maint. Leadman 9 Utility Maint. Man 4 Customer Service Supervisor 9 Customer Service Clerk 3 Meter Reader Foreman 5 Meter Reader 4 804 Wastewater Superintendent 15 Lab Tech. 9 Wastewater Plant Op. 8 Wastewater Maint. Man 5 Utility Leadman 9 Utility Maint. Man 4 805 Motor Pool Superintendent 15 Lead Mechanic 9 Mechanic b • Laborer 4 806 Carpenter Shop Lead Carpenter ~ 9 Carpenter 6 807 Welders ~ Lead Welder 9 Welders Helper 6 901 Parks Maint, Superintendent 14 Maint. Foreman 8 Maint. Man 5 Custodian 3 902 Recreation Recreation Supervisor 6 Secretary 4 Recreation Leader 3 903 . Nutrition Center Nutrition Center Worker 4 • Nutrition Center Worker Trainee 1 • !~ SALARY LEVELS IN BI-WEEKLY, MONTHLY, AND • ANNUAL AMOUNTS (BASED ON A 40-HOUR WEEK) RANGE RATE STEP A STEP B STEP C STEP D STEP E B/W 399. 426 454 481 509 1 M 865 924 983 1042 1102 A 10,379 11,086 11,794 12,501 13,229 B/W 419 446 474 502 530 2 M 908 967 1026. 1087 1149 A 10,899 11,606 12,314 13,042 13,790 B/W 439 467 495 524 553 3 M 952 1012 1073 1135 ~ 1198 A 11,419 12,147 12,875 13,624 14,373 B/W 459 488 517 546 574 4 ~ M 995 1057 1120 1182 1245 A 11,939 12,688 13,437 14,186 14,934 B/W 479 508 537 566 596 5 M 1038 1101 1163 1227 1291 A 12,459 13,208 13,957 14,726 15,496 • B/W 499 529 558 588 618 6 M 1082 1146 1210 1274 1338 A 12,979 13,749 14,518 15,288 16,058 B/W 519 549 578 609 640 7 M 1125 1189 1253 1319 1386 A 13,499 14,269 15,038 15,829 16,640 B/W 539 570' 600 630 662 8 M 1168 1234 1300 1366 1433 A 14,019 14,810 15,600 16,390 17,202 B/W 559 590 620 651 682 9 M 1212 1277 1343 1411 1479 A 14,539 15,330 16,120 16,931 17,742 B/W 579 610 640 679 702 10 M 1255 1321 1387 1454 .1522 A 15,059 15,850 16,640 17,451 18,262 B/W 599 630 660 691 722 ~11 M 1298 1364 1430 1498 1565 A 15,579 16,370 17,160 17,971 18,782 n U ~ • .PAGE 2 • ~ SALARY LEVELS (continued) RANGE RATE STEP A ~ STEP B STEP C STEP D STEP E B/W 619 650 680 711 742 12 M 1342 1407 1473 1541 1609 A 16,099 16,890 17,680 18,491 19,302 .B/W 640 670 701 731 762 13 _ M 1387 1453 1518 1584 1652 A 16,640 17,430 18,221 19,011 19,822 B/W 660 690 721 751 782 14 ~ M 1430 1496 1562 1628 1695 A 17,160 17,950 18,741 19,531 20,342 B/W 680 710 741 771 802 15 M 1473 1539 1605 1671 1739 A 17,680 18,470 19,261 20,051 20,862 B/W 701 731 762 792 822 16 M 1518 1584. 1650 1716 1782 • A 18,221 19,011 19,802 20,592 21,382 B/W 722 752 782 813 843 17 M 1563 1629 1695 1761 1827 A 18,762 19,552 20,342 21,133 21,923 B/W 742 772 802 833 863 18 M 1609 1673 1739 1804 1870 A 19,302 20,072. 20,862 21,653 22,443 B/W 763 793 822 853 883 19 M 1654 1718 1782 1848 1914 A 19,843 20,613 21,382 22,173 22,963 B/W 785 814 844 874 903 20 M 1700 1765 1829 1893 1957 A 20,404 21,174 21,944 22,714 23,483 • • • THE PERSONNEL POLICIES, COMPENSATION AND CLASSIFICATION PLAN TO BE EFFECTIVE OCTOBER 1, 1979, WAS APPROVED AT A REGULAR MEETING OF THE CITY COMMISSION ON SEPTEMBER 19, 1979 b MARGIE G EN CITY CLERK • •