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.
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• Regular Meeting 9/19/79
1. CALL TO ORDER - Mayor Meza called the meeting to order.
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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.
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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.
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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.
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• 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.
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• 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.
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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.
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• 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.
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. 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.
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• 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.
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• 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.
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• 5. CONSIDER ADOPTION OF DISTRICTING PLAN AS SUBMITTED BY CHARTER
REVISION COMMITTEE - Mayor Meza tabled this item.
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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:
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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.
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•
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.
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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.
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14
LOTS
4TH
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• 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.
•
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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
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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
•
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•
. 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.
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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.
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• 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.
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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.
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CHAPTER 6
*CLASSIFICATION
•
•
*Position classifications and the Salary Compensation Plan are to
be found in a separate document.
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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.
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• 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.
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• 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.
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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.
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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.
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• 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.
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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.
•
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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.
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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.
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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)
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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.
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• 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.
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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.
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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.
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• 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
•
•