ARTICLE III. - PERSONNEL PLAN
Part of the Code of Ordinances of East Providence, RI.
The text
DIVISION 1. - GENERALLY#
Sec. 11-46. - Discipline and discharge of employees, and officers appointed by city council.#
(a)
A city council appointee or employee may be disciplined up to and including discharge from employment for any of the following reasons:
(1)
Failure to meet prescribed standards of work, morality and ethics to an extent that makes an employee unsuitable for any kind of employment in the city service.
(2)
Theft, destruction, or misuse of city property.
(3)
Incompetency, inefficiency or negligence in the performance of the employee's job or position duties.
(4)
Insubordination, malfeasance or misfeasance.
(5)
Conviction of a criminal offense.
(6)
Disgraceful personal conduct.
(7)
Unauthorized absences or abuse of leave privileges.
(8)
Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his duties.
(9)
Falsification of records or use of official position for personal advantage.
(10)
Violation of employee policies as set forth in the city's personnel manual.
(11)
Violation of the Rhode Island Code of Ethics.
(b)
The type, nature and extent of such discipline shall be within the sole discretion of the city council, including, but not limited to, oral and written reprimands, suspensions with or without pay and discharge.
(c)
The council, by a vote of three of its members, may impose such discipline up to and including discharge from employment upon any employee, or officer appointed by it for any of the above reasons, provided that the employee shall first have been served with a written notice of the intention of the council to impose such discipline. This notice shall contain the reasons for the discipline and will fix a time and place not less than ten days after the service of such notice, at which time the employee shall be given an opportunity to be heard in his or her defense. The hearing shall be public at the option of the employee who is the subject of the hearing, and the employee may be represented by counsel. From the time of the notice, the employee may be retained in duty status, placed on leave or suspended with or without pay and benefits, at the discretion of the majority of the council. If the council imposes any suspension during the notice period, such suspension shall be considered discipline served if any disciplinary action is taken as a result of the hearing. If no disciplinary action is taken as a result of the hearing, any withheld pay or benefits shall become due and owed to the employee. If the employee fails to respond to the advance notice, the proposed action of the council shall be effective on the date specified with no need for further action. Otherwise, the council shall carefully consider the reply of the employee before making a final decision. The council shall promptly transmit to the employee a written notice of its decision. The decision of the council shall be final.
(d)
It is the policy of the city not to rehire former employees who have been dismissed or who resigned while charges were pending under this section.
(Ch. 452, § I(11-46), 10-21-97; Ch. 693, § I, 1-16-18; Ch. 827, § I, 11-16-21)
Cross reference— Boards, committees, commissions, § 2-36 et seq.; officers and employees, § 2-207 et seq.
Secs. 11-47—11-60. - Reserved.#
DIVISION 2. - CLASSIFIED SERVICE PLAN#
Sec. 11-61. - Classification of positions.#
(a)
The director, or a person or agency employed for that purpose, shall ascertain the duties and responsibilities of all positions in the classified service and after consultation with the appointing authority and department heads shall recommend a classification plan for such positions. The plan shall be based upon similarity of duties performed and responsibilities assumed so that the same qualifications may reasonably be required for and the same schedule of pay may be equitably applied to all positions in the same class. After such classification has been approved by the mayor, the director shall allocate the position of every employee in the classified service to one of the classes in the plan.
(b)
For each class of position the director shall prepare a written class specification setting forth the title of the class, a definition of the class, a description of illustrative examples of typical duties and responsibilities of positions in the class, such other pertinent data as the director deems desirable to define the class adequately, a statement of the minimum qualifications for appointment to positions in the class and, as far as practicable, the usual line of promotion to the next higher class. Qualifications not mentioned in the specifications such as citizenship, honesty, sobriety, good moral character and industry shall be considered part of the class specification.
(c)
The classification plan and amendments thereto shall become effective upon approval by the mayor.
(d)
Prior to filling a new or created position, such position shall be properly classified under the classification plan or amendments thereto by the director.
(e)
Positions wherein the duties have sufficiently changed to require reclassification shall be allocated to a more appropriate class, whether new or existing, in the same manner as originally classified and allocated. Reclassification shall not be applied for the purpose of avoiding provisions of this chapter relating to demotion or promotion.
(Rev. Ords. 1987, § 11-61; Ch. 877, § I, 6-6-23)
Sec. 11-62. - Status of employees.#
All employees holding positions in the classified service shall: (1)
Have permanent status if they have held their present positions or have been employed continuously in a position in the city service for at least six months immediately preceding the effective date of this chapter.
(2)
Serve a probationary period of six months before acquiring permanent status if they have held their positions for less than six months immediately preceding the effective date of this chapter.
(Rev. Ords. 1987, § 11-62)
Editor's note— The ordinance from which this chapter derives was adopted April 19, 1960. It was amended on July 19, 1960.
Sec. 11-63. - Compensation of employees.#
(a)
Under direction of the mayor and in consultation with the director of finance, the personnel director shall, as soon as practicable after the adoption of the classification plan, prepare a pay plan showing for each class of position in the classified service minimum and maximum salary rates and such intermediate rates as he deems desirable. In arriving at such rates he shall take into consideration the advice and suggestions of the appointing authority and department heads, prevailing rates for comparable service in other public employment and in private business, relative difficulty and responsibility, usual training required, work hazards, opportunity for advancement and the city's financial policies, conditions and appropriations.
(b)
The mayor shall submit the pay plan and the rules for its administration to the council for adoption. The council after public hearing, may adopt the plan and its rules with or without amendment. All such amendments shall apply uniformly to all positions within the same class. If the salary of any classified employee exceeds the maximum rate established initially in the pay plan for the class to which he is assigned, the salary of such employee shall remain unchanged until the position of such employee is vacated or until such time as the pay plan is amended to a maximum rate of pay greater than his salary. Thereafter an employee shall not be paid a salary higher than the maximum or lower than the minimum rate of pay established for the class to which he is assigned, provided that an incumbent city employee having more than 15 years of service with the city on the effective date of this chapter, shall not be prevented from receiving future pay increases at such times as blanket pay increases may be granted for all classes of employees.
(c)
The pay plan may be amended from time to time as circumstances require in accordance with subsections (a) and (b) of this section.
(d)
All regularly employed personnel of the city shall be entitled to health care benefits, including family coverage, as provided by their respective collective bargaining agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive health care benefits shall be provided comparable coverage.
(e)
Protective clothing, uniforms, gear and such other distinctive clothing that may be required by the city to be worn, utilized or necessary in the performance of specific functions shall be furnished by the city.
(f)
Each department of the city service shall furnish the director of finance a signed copy of each periodic payroll not later than three days following the expiration of the payroll period concerned. No officer of the city shall issue a check for payment of or pay any person holding or claiming to hold a position in the classified service unless the mayor or his authorized agent shall have first certified that the persons named on the payroll or account of such compensation have been appointed and are employed in accordance with the provisions of the Charter and this division.
(Rev. Ords. 1987, § 11-63; Ch. 877, § I, 6-6-23)
Editor's note— The ordinance from which this chapter derives was adopted April 19, 1960.
Sec. 11-64. - Examination procedure.#
(a)
Announcements. The director of personnel shall publicly announce by official bulletins and other suitable informational releases all competitive examinations for entrance into or promotion within the classified service for a minimum period of 14 calendar days prior to the administration of the examination. Such bulletins shall be posted on a bulletin board in the city hall and in such other public buildings as will ensure that any interested resident may be informed about employment opportunities in the city classified service. The director of personnel shall also place advertisements on the city's website. The bulletins and advertisements shall specify the title and pay range of the class position, a description of the work to be performed, the minimum qualifications required, the time, place and manner of filing applications, the minimum score required on the written examination and any other pertinent information. If a minimum score is not announced, then the director will determine the passing score prior to the opening of applicants' identification envelopes.
(b)
Application forms. Applications shall be made on forms provided by the director of personnel. Such forms shall require information concerning experience, training and other pertinent information and may include fingerprinting. All applications must be signed by the person applying. Whenever an application is rejected, notice of such rejection with a statement of reason shall be mailed to the applicant. A defective application may be returned to the applicant with notice to amend the application.
(c)
Residency. No residency requirement shall be required with respect to applicants. All appointees to the city service shall be required upon completion of their probationary period to be residents of the state, or residents of the Commonwealth of Massachusetts residing in the area within a ten-mile radius of the city hall of this city, unless an extension of such period is granted by the city council.
(d)
Disqualifications. The director of personnel shall reject any application that indicates on its face that the applicant does not possess the minimum qualifications established for the class of position, is physically unfit for the performance of the duties of the class, is addicted to the habitual use of drugs or intoxicating liquors, has been recently convicted of a crime involving moral turpitude, has wilfully made any false statement of any material fact or has practiced or attempted to practice any deception or fraud in his application.
(e)
Examinations generally. Examinations may consist of written, oral, performance or physical tests or any combination thereof or any other forms which will test fairly the qualifications of applicants. The following may be included:
(1)
A written test may be used to measure the knowledge, ability, judgment, aptitude or alertness of candidates insofar as such traits are related to the work in a class or career service.
(2)
An oral test may be used to evaluate the personal fitness, experience and training, knowledge, capacity and judgment of candidates. In considering personal fitness it will be appropriate to evaluate personality traits, but the evaluation shall be done on a basis that is as competitive as possible.
(3)
A performance test may consist of candidates actually doing samples of work or the class and then rating their work results, speed and accuracy.
(4)
A physical test may consist of competitive exercises or events designed to measure agility, strength, coordination or fitness. Such a test is in addition to the medical examination by a physician which may also be required.
(5)
The competitive evaluation of the candidates shall be based upon the above enumerated tests. Additionally such competitive evaluation may consider the relevance, level, recency, progression and quality of experience and education offered by candidates as well as reports of superiors, former employers and educational institutions; however, consideration of these factors may not be used in lieu of, or as a substitute for, the above-enumerated testing procedures.
(f)
Conduct of examinations. Examinations for entrance into or promotion within the classified service shall be conducted in as many places in the city as the director may find necessary. The director may designate monitors to take charge of examinations under instructions. The identity of persons taking competitive written tests shall be concealed by the use of identification numbers instead of names on all test papers.
(g)
Rating examinations. The final score of a candidate shall be based upon all tests and evaluations in the examination. Failure in one part or test of the examination may be grounds for declaring candidates as failing in the entire examination or as disqualified for subsequent parts of an examination. In addition, in rating examinations for entrance into the classified service, except for police and fire candidates, the director shall increase the score of a candidate, one point for each consecutive year that such current resident-candidate has been a resident of the city up to a maximum of ten points. In rating examinations for police and fire candidates for entrance into the classified service, the director shall increase the score of a current resident-candidate one point for each consecutive year that such candidate has been a resident of the city up to a maximum of five points. Furthermore, in rating examinations for entrance into the classified service, the director shall increase the score of a veteran-candidate four points or five points for a post-9/11 veteran-candidate, up to a maximum of five points. However, the maximum amount of incentive points that a candidate may receive is to be capped at five points. For the purposes of this section, the terms "veteran" and "post-9/11 veteran" are as defined in the Veterans Opportunity to Work (VOW) To Hire Heroes Act of 2011, 5 U.S.C. § 2108, as may be amended from time to time. Seventy percent shall be the lowest score on an examination to be acceptable as qualifying and the maximum score shall be 100 percent.
(h)
Domicile; established. For purposes of this section only, a person's residence is his fixed or established domicile. The determinant of one's domicile is that person's factual physical presence in the city on a regular basis incorporating an intention to reside for an indefinite period. This domicile is the place to which, upon temporary absence, he has the intention of returning. Once acquired, this domicile continues until another domicile is established. A person can have only one domicile.
(i)
Documents establishing residency. Upon application for an entrance examination the applicant shall provide to the director, for purposes of establishing residency for this section, two of the following documents: Voter registration, a state driver's license, a motor vehicle registration certificate, state and federal income tax returns, documents establishing the address furnished to the tax collector and/or assessor in those communities where the applicant owns taxable real or personal property for the purpose of notifying the applicant, a document establishing the address furnished to insurance companies with which the applicant maintains policies, document establishing the address furnished to their present employer, document establishing the address furnished to any business, professional, union or fraternal organization to which the applicant is a member and a document establishing the address furnished by the applicant to governmental agencies with which the applicant has contact.
(j)
Notice of examination results. As soon as possible after the conclusion of an examination, the director shall rate such tests and shall notify each competitor by mail of his relative position on such list or his failure to obtain a place on such employment or promotion list. After the eligible list has been established, the markings and test papers of each competitor shall be open to his personal inspection during business hours, provided that such inspection shall be limited to within 15 days after notices were mailed. Any marking error discovered during this time shall be corrected by the director, provided that such correction shall not invalidate any certification or appointment previously made.
(k)
Promotional examinations. As the needs of the service may require, promotional tests may be conducted from time to time and may include, in addition to the types of tests listed in this chapter, evaluations of performance for the city and accomplishments in special training courses. All candidates for promotion must be regular employees in the classified service and must possess the minimum qualifications for the class to which promotion is sought. Employees hired under the Comprehensive Employment and Training Act, who have successfully completed six months of service and who possess the minimum qualifications for the class shall also be admitted to such an examination, and a separate Comprehensive Employment and Training Act promotional list shall be establishment. In the filling of any classified vacancy on a promotional basis, the promotional list of regular classified employees shall be used first. Upon exhaustion of that list, the Comprehensive Employment and Training Act promotional list shall be utilized, except that if insufficient eligibles remain on the regular promotional list to constitute a full certification, eligibles shall be certified from the comprehensive employment and training act promotional list to complete the certification.
(Rev. Ords. 1987, § 11-64; Ch. 73, § I, 6-1-99; Ch. 564, § I, 9-4-12; Ch. 647, § I, 4-5-16; Ch. 666, § I, 3-21-17)
Sec. 11-65. - Eligible or promotional list.#
(a)
Generally. As soon as possible after the conclusion of an examination, the director of personnel shall prepare and keep available an appropriate eligible list for employment in or promotion within the classified service consisting of the names of persons successfully passing the examination, which names shall be arranged in order of final ratings received from the highest score down to the lowest acceptable passing score. The final rating shall be determined by the total of the scores received by each applicant for each part of the examination based upon the relative value assigned to each part of the examination previously established in the official announcement of the examination. Whenever identical final ratings are received, names shall be arranged in the order of the scores on the part or parts of the examination which were assigned the heaviest relative values, provided that when such arrangements fail to resolve a tie, the certification of eligibles shall be in accordance with subsection 11-66(c).
(b)
Effective date. Employment and promotional lists shall become effective upon approval by the hearing board, shall remain in effect for one year, and may be extended by action of the board for additional six-month periods, provided that such eligible or promotional list shall not remain in effect for a period longer than two years. Two or more employment lists for the same class of positions may be consolidated by the board in a manner fair to eligibles on both lists.
(c)
Reemployment. Permanent classified employees with a satisfactory employment record who are separated from service through no fault of their own shall be placed on appropriate employment lists in the order to be determined by the board. Permanent classified employees with a satisfactory record of service who resign their positions in good standing may, on their written request, withdraw such resignation within one year from the effective date thereof and be placed on appropriate employment lists in the same or comparable class to the one resigned. The order in which such names appear on employment lists shall be determined by the board after considering efficiency, length of service in the classified service and the circumstances involving their current separation from the city service. The eligibility of all candidates for reemployment shall expire two years from the date on which their names were placed on appropriate lists.
(d)
Removal from employment list. The name of any person appearing on an employment list may be removed by the board if the eligible person requests in writing that his name be removed or if he cannot be located by postal authorities or other means of ordinary communication or does not respond within five days following the date of notification or does not report for scheduled interviews, exams, etc. The name of any eligible person may also be removed if the eligible person has waived appointment once in the same class or position. The name of any eligible person may also be removed if the name has been certified for appointment once, has not been appointed and has been recommended in writing for removal by the appointing authority (mayor), the prospective department head, the human resources director and the affirmative action officer. The names of qualified candidates not recommended for removal would remain on the list for future consideration. Any cause specified in this division for the rejection of applications may likewise be cause for removal of the name of an eligible person from the list on which it appears.
(e)
Three plus three. The purpose of this subsection is to eliminate the overall adverse impact that sections 11-65 and 11-66 may have on the employment of minorities. It is intended to provide the appointing authority the necessary flexibility to achieve the goals of the city's affirmative action plan. It does not guarantee employment of minorities, however, it guarantees the appointing authority increased opportunity to appoint qualified minorities from an eligibility list.
(1)
This subsection may be called for and applied to any civil service classification in the city. Such action may be taken whenever the affirmative action officer and the personnel director have determined the particular classification in question has had an adverse impact on the hiring of minorities. In such cases the use of this subsection would modify the usual selection procedure to eliminate adverse impact. The use of this subsection will be in accordance and consistent with personnel utilization analyses and numerical hiring goals. The use of this subsection will provide the appointing authority safe measures to ensure affirmative action throughout the city.
(2)
When the affirmative action officer wishes to call for this subsection, the request must be submitted to the personnel hearing board as a formal request to certify an additional list of eligibles (three plus three). The request must be signed by the personnel director before being submitted to the personnel hearing board. The request will contain the following:
a.
The request that certification be made under subsection 11-65(e);
b.
The minorities that will be certified;
c.
Assurance that there is an absence of minorities located in the portion of the eligibility list that would usually be certified (adverse impact has been determined);
d.
The current affirmative action profile of the classification in question, which will include statistical data to show evidence of underutilization of minorities;
e.
The names and rank of the eligible minority candidates;
f.
The number of such positions that are authorized and funded.
(3)
This procedure will not be called for:
a.
In the absence of statistical data or reasonable evidence to show significant underutilization or adverse impact against minorities;
b.
In the presence of sufficient minority members ranked at a reachable level in the classification that is in question;
c.
When no members of the minority class are on the eligibility list;
d.
When any department or division is subject to court-ordered remedies;
e.
On promotional lists.
(4)
The responsibilities of the affirmative action officer and personnel director are as follows:
a.
The affirmative action officer is to review the city's affirmative action plan, specifically the portion relating to statistical data and numerical goals;
b.
The affirmative action officer is to review the affirmative action profile and confirm or disprove underutilization regarding the classification in question;
c.
The personnel director's responsibility will include a review and evaluation of the statistical data presented by the affirmative action officer and approve or reject use of this subsection; and this evaluation will take into consideration the attrition rate for the classification in question;
d.
When the personnel director rejects use of this subsection, he will state in writing why subsection 11-65(e) is considered inappropriate for the particular classification.
(5)
When subsection 11-65(e) is rejected, the personnel director will submit in writing his evaluation and determination on which he based the rejection of subsection 11-65(e). If implementation of subsection 11-65(e) is rejected, the affirmative action officer may appeal the rejection directly to the personnel hearing board.
(6)
The responsibilities of the personnel hearing board are as follows:
a.
To review the recommendations and evaluations of the personnel director to implement subsection 11-65(e);
b.
The personnel hearing board may request additional statistical data or evidence to justify implementation of subsection 11-65(e);
c.
The personnel hearing board may certify the names of minority candidates who appear on the eligibility list. The rank order of these names will not change. The certified list of minority candidates will reflect a number of candidates equal to the regular certified list which is two more than the number of vacancies. If there is an insufficient number of minority candidates, the minority candidates on the eligibility list will be certified;
d.
The personnel hearing board may reject the use of subsection 11-65(e). If such a rejection is made, the board will submit in writing the basis for rejection;
e.
The decision of the personnel hearing board is final;
(7)
The appointing authority shall have the right to select any certified candidate or candidates from either list to fill the available vacancies;
(8)
Subsection 11-65(e) will not apply to promotional lists.
(Rev. Ords. 1987, § 11-65; Ch. 397, § I, 7-21-06; Ch. 877, § I, 6-6-23)
Sec. 11-66. - Vacancies.#
(a)
Generally. All vacancies in the classified service shall be filled by transfer, demotion or selection of eligibles certified from an appropriate employment or promotional list. In the absence of persons eligible for appointment by any of these methods, provisional appointments may be permitted in accordance with this division.
(b)
Notice of vacancy. When a vacancy occurs, the head of the department or agency shall so advise the director stating the pertinent facts relative to the duties, responsibilities and qualification requirements of the position which is to be filled. The appointing authority shall indicate whether the vacancy is to be filled by transfer, demotion or selection of eligibles from an employment or promotional list.
(c)
Certification of eligibles. In the filling of all vacancies (with the exception of transfers and demotions), the board shall certify to the appointing authority the names of the three persons standing highest on the appropriate list. In the event of ties for the third name, the tied names shall also be certified. If there is more than one vacancy, the board shall certify two names more than the number of existing vacancies, plus ties for the last name to be certified.
(d)
Appointment. After interview and investigation, the appointing authority shall make an appointment from among those certified.
(e)
Provisional appointment. If the appointing authority considers it necessary to fill a position in a class for which an eligible list has not been established, he may make a provisional appointment of a person meeting the minimum qualifications established for the class, provided that a provisional appointment shall have a maximum duration of six months and may not continue beyond one pay period after the establishment of any appropriate eligible list.
(f)
Emergency appointments. The appointing authority or any legally competent officer may, in any emergency condition which threatens public life or property, employ such persons as may be needed for the duration of the emergency without regard to the provisions of this division governing appointments, provided that such emergency appointments shall continue no longer than two weeks, unless approval is received from the council.
(Rev. Ords. 1987, § 11-66)
Sec. 11-67. - Probationary period.#
(a)
Objective. The probationary or working test period shall be regarded as an integral part of the examination process and shall be utilized by the appointing authority and supervisors for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position and for rejecting or separating from the city service any employee whose performance does not meet the required work standards.
(b)
Duration. All appointments of eligibles from employment or promotional lists shall be tentative and subject to a probationary period of six months, with the exception of members of the police department and fire department who shall be subject to a probationary period of one year. The director shall notify the appointing authority two weeks prior to the termination of any probationary period. If the service of the probationary employee has been satisfactory, the appointing authority shall file with the director a statement in writing to such effect, stating that the retention of such employee in the service is desired. If such a statement is not filed, the performance of the employee will be deemed unsatisfactory and his employment terminated at the expiration of the probationary period.
(c)
Dismissal. At any time during the probationary period, the appointing authority may dismiss an employee if in his opinion the working test indicates that such employee is unable or unwilling to perform the duties of the position satisfactorily or that his habits and dependability do not merit his continuance in the service. A probationary employee so removed has no right of appeal from this action. An employee appointed from a promotional list who does not successfully complete his probationary period shall be reinstated in a position in the class occupied by the employee immediately prior to his promotion. If no vacancy in that class exists at that time, then section 11-69(c) governing layoff shall be applied.
(Rev. Ords. 1987, § 11-67)
Sec. 11-68. - Change of status.#
(a)
Transfer. The appointing authority, after notice to the personnel director, may at any time transfer an employee from one position to another position in the same or a comparable class. If the transfer involves a change from the jurisdiction of one supervising official to another, both must consent thereto, unless the mayor orders the transfer for purposes of economy and efficiency. Transfer shall not be used to promote, to demote or to increase or decrease the salary of a classified employee. No person shall be transferred to a position for which he does not possess the required minimum qualifications.
(b)
Promotion. Vacancies occurring in the classified service shall be filled, insofar as practicable and consistent with the best interests of the service, by promotion, provided that the appointing authority may order an open competitive test if in his opinion the position could be better filled.
(c)
Acting supervisory status. Any employee officially assuming the duties and responsibilities of a supervisory position higher than that which the employee holds for a period of 30 or more days shall receive the pay commensurate with the increased duties and responsibilities from the 31st day forward until relieved of such additional responsibilities.
(d)
Demotion. The appointing authority may demote an employee whose ability to perform his required duties falls below standard or for disciplinary purposes. Upon request of the employee and with the consent of the supervising official, demotion may be made to a vacant position for which he possesses the required minimum qualifications. Written notice of the demotion shall be given the employee no later than three days before the effective date of the demotion, and a copy shall be filed with the director.
(Rev. Ords. 1987, § 11-68; Ch. 877, § I, 6-6-23)
Sec. 11-69. - Separation from service.#
(a)
Tenure. The tenure of every employee holding a position in the classified service shall be during good behavior and demonstrated fitness for the position he holds. Any such employee may be removed or disciplined as provided in this division.
(b)
Suspension. The appointing power may suspend with or without pay an employee from his position at any time for the good of the service, for disciplinary purposes or for other just cause. A department head, with the approval of the mayor, may for disciplinary purposes suspend without pay, with written notice, any classified employee in his department. Such suspensions shall be reported immediately to the director by the department head.
(c)
Layoff. The appointing authority may lay off an employee in the classified service when he deems it necessary by reason of shortage of work or funds, the abolition of the position, material change in the departmental organization or for other related reasons which are outside the employee's control and which do not reflect discredit upon the service of the employee. No temporary or permanent separation of an employee from the city service as a penalty or disciplinary action shall be considered as a layoff. The name of the employee laid off shall be placed on the appropriate list as provided by the division.
(d)
Discharge. An employee may be discharged by the appointing authority for activities prohibited in the Charter and for insubordination, inefficiency, abuse of sick leave, misconduct, disloyalty or other similar just cause. No discharge of a permanent classified employee shall take effect, unless five days prior to the effective date thereof the appointing authority shall give to such employee a written statement setting forth in detail the reasons therefor and shall file a copy of such statement with the director. Any permanent classified employee shall have the right to appeal to the mayor and further appeal to the hearing board in accordance with provisions of this chapter.
(e)
Resignation. To resign in good standing an employee in the classified service must give the appointing authority at least 14 calendar days prior notice, unless the appointing authority, due to extenuating circumstances, agrees to permit a shorter period of notice. A written notice shall be supplied by the employee to the appointing authority giving reasons for leaving. The resignation shall be forwarded to the personnel director with a statement by the appointing authority as to the employee's service performance and pertinent information concerning the cause for resignation.
(Rev. Ords. 1987, § 11-69; Ch. 551, § 1, 4-5-12; Ch. 877, § I, 6-6-23)
Charter reference— Prohibited activities of city employees, § 9-3.
Sec. 11-70. - Appeals and hearings.#
(a)
In accordance with the Charter, any person who is suspended, demoted, transferred or discharged shall be informed in writing of the reasons therefor, and he may appeal in writing to the mayor. Such appeal shall be made within five days following notification. The manager shall within ten days give the person so suspended, demoted, transferred or discharged the opportunity to be heard, privately or publicly at the option of such employee. If such hearing is to be private, then the employee or his attorney must request a private hearing at least 72 hours prior to the scheduled hearing date. The mayor shall render a decision within three days following conclusion of the hearing.
(b)
If the employee is not reinstated to his former position by the mayor, he may appeal the decision to the hearing board within five days following notification of decision by the mayor. At any such hearings the employee shall have the right to be represented by counsel or a representative of a recognized union, who may conduct his defense and act for him. After hearing and considering the evidence, the board shall decide:
(1)
To reinstate the employee;
(2)
To confirm the suspension, demotion, transfer or dismissal;
(3)
To place the employee on an appropriate employment list for future employment in the same or nearly similar class for which the employee possesses the minimum qualifications;
(4)
Such other action as it deems appropriate.
(c)
Such employee shall have the right of appeal from the decision of the board to a court of competent jurisdiction. The board shall render its decision within five days following conclusion of the hearing.
(Rev. Ords. 1987, § 11-70; Ch. 877, § I, 6-6-23)
Charter reference— Removal of city officers and employees, § 9-1.
Sec. 11-71. - Training of employees.#
Responsibility for developing training programs for employees shall be assumed jointly by the mayor, personnel director and heads of departments. Such training programs may include lecture courses, demonstrations, assignment of reading matter or such other methods as may be available for the purpose of improving the efficiency and broadening the knowledge of municipal officers and employees in the performance of their respective duties. Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the director.
(Rev. Ords. 1987, § 11-71; Ch. 877, § I, 6-6-23)
Sec. 11-72. - Civilian employment for police and fire service.#
Employees of civilian status may be recruited and appointed to positions in the police and fire service in such positions as are basically civilian in nature. Such appointments, however, shall be made only in replacement of present incumbent personnel and shall not abridge or diminish the rights and benefits heretofore guaranteed by law or ordinance to the present incumbents. Positions specifically referred to in this section include clerical, secretarial, general maintenance, electrical, radio maintenance, mechanical and animal control officer.
(Rev. Ords. 1987, § 11-72)
Sec. 11-73. - Certain practices prohibited.#
(a)
No person in the classified service or any person seeking admission thereto shall be favored or discriminated against in any way because of race, color, sex, national origin, disability or political or religious opinions or affiliations.
(b)
No person shall willfully or corruptly make or cause to be made any false statement, certificate, mark, rating or report in regard to any test, certification, promotion, demotion, removal or appointment held or made under the provisions of the Charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of the Charter provisions or of this division provided for therein.
(c)
No officer or employee in the classified service shall continue in such position after being legally declared the winner of an election to any public office in the city. In accordance with provisions of the Charter, no person holding a position in the administrative services shall make any contribution to the campaign fund of any candidate for public office or of any political party, nor shall he take any part in the management, affairs or campaign of any candidate or political party further than in the exercise of his rights as a citizen to express his opinion and to cast his vote.
(d)
No person shall either directly or indirectly solicit any assessment, subscription or contribution for any political party or purpose from any employee holding a position in the classified or administrative service of the city.
(e)
Any person convicted of violation of the provisions of the Charter governing prohibited practices, besides the legal penalties provided, shall be ineligible of appointment or employment in a classified position for a period of five years, and any officer or employee of the city so convicted shall immediately forfeit his office or position.
(Rev. Ords. 1987, § 11-73)
Charter reference— Prohibited activities of city employees, § 9-3.
Sec. 11-74. - Right to organize.#
In accordance with the Charter, employees in the city service have the right to form or join any lawful organization of their choice for the purpose of collective bargaining. The city council is empowered to recognize such organizations, negotiate with them and sign written agreements, either directly or through the mayor, provided that no right whatsoever of employees to strike against the government of the city is hereby implied.
(Rev. Ords. 1987, § 11-74; Ch. 877, § I, 6-6-23)
Charter reference— For similar Charter provision, § 9-2.
Secs. 11-75—11-85. - Reserved.#
DIVISION 3. - TERMS OF EMPLOYMENT#
Sec. 11-86. - Hours of work.#
All offices of the city, except those for which special regulations are required, shall be open for business on all days of the year, except Saturdays, Sundays and holidays, during those hours designated by the mayor. Employees covered by collective bargaining agreements shall work those hours specified by their respective agreements. Employees not covered by a collective bargaining agreement shall work a minimum of 35 hours per week, to be worked insofar as possible within five consecutive days. Employees in the classified service for whom necessity requires a different schedule than that generally applied shall work according to regulations prepared by the respective supervising official and approved by the mayor.
(Rev. Ords. 1987, § 11-86; Ch. 877, § I, 6-6-23)
Sec. 11-87. - Overtime.#
It shall be the responsibility of the head of each department or agency to so plan the work of the department that overtime shall be minimized. In case of emergency or under heavy work load, overtime will be scheduled upon specific authorization of the department head or supervisory employee authorized to order overtime work. All employees covered by a collective bargaining agreement shall receive overtime pay in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive overtime pay shall be compensated at the rate of time-and-one-half for hours worked in excess of 40 hours per week. Heads and supervisory personnel of departments and agencies shall not be eligible for overtime compensation.
(Rev. Ords. 1987, § 11-87)
Sec. 11-88. - Attendance.#
All officers and employees shall be in attendance at their work in accordance with rules regarding hours of work, holidays and leaves. All departments and agencies shall keep daily attendance records of all officers and employees which shall be reported to the personnel director in the form and on the dates he shall specify.
(Rev. Ords. 1987, § 11-88)
Sec. 11-89. - Holidays.#
(a)
Authorized holidays for all employees, except as provided in subsection (d) of this section, shall be:
New Year's Day—January 1;
Martin Luther King Jr. Day;
Washington's Birthday—Third Monday in February;
Memorial Day—Last Monday in May;
Independence Day—July 4;
Election Day—First Tuesday after the first Monday in November in each even-numbered year;
Victory Day—Second Monday in August;
Labor Day—First Monday in September;
Columbus Day—Second Monday in October;
Veterans' Day—Fourth Monday in October;
Thanksgiving Day—Fourth Thursday in November;
Christmas—December 25.
(b)
When any authorized holiday falls on a Sunday, the following business day shall be considered the holiday.
(c)
All classified employees shall receive a normal day's pay on authorized holidays, and if any employee is required to work on any authorized holiday, such employee shall receive, in addition to his regular or normal day's pay, time-and-one-half for all hours worked on such holiday.
(d)
Members of the police, fire and public works departments, who are normally required to work on authorized holidays, shall be granted uniformly an additional one day's pay for each of the following holidays:
New Year's Day;
Martin Luther King Jr. Day;
Memorial Day;
July 4;
Veterans' Day;
Columbus Day;
Labor Day;
Thanksgiving Day;
Christmas Day.
(e)
Members of the police department, who are normally required to work on authorized holidays, shall be granted uniformly an additional one day's pay for the following additional holidays:
Easter Sunday;
Friday after Thanksgiving;
Member's birthday;
Washington's Birthday.
(f)
Members of the fire department who are normally required to work on authorized holidays shall be granted uniformly an additional one day's pay for the additional holiday of Washington's Birthday.
(g)
Nonrepresented employees shall be granted two personal leave days per fiscal year, to be used only for personal business or affairs not covered by any other leave with pay. It shall not be utilized in conjunction with any other paid leave or holiday time and may not be accrued from year to year.
(h)
All employees covered by a collective bargaining agreement shall receive holidays or holiday pay in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive holidays or holiday pay shall receive comparable treatment.
(Rev. Ords. 1987, § 11-89)
Sec. 11-90. - Vacation leave.#
(a)
Two calendar weeks' vacation leave per fiscal year with pay shall be granted each full-time classified and unclassified employee in the city service, except shift-duty members of the police and fire departments. Whenever a holiday falls within the vacation period of an employee, such employee shall receive an additional day off. Shift-duty members of the fire department shall be granted 12 duty days of vacation for a fiscal year; like personnel of the police department shall be granted 14 duty days per fiscal year. The additional vacation leave granted to these personnel shall be considered compensatory time for services rendered beyond normal working hours in emergencies throughout the year. No vacation shall be granted during the original probationary period, but if permanent appointment is received, vacation time shall be allowed for service during probationary status. It is the intent of this section that each permanent full-time employee in the city service appointed on or before January 1, 1960, shall earn two calendar weeks' paid vacation to be granted during the following 12 months and to be taken in units of not less than one week. Employees will normally be granted the amount of vacation pay in each fiscal year that has been earned in the preceding fiscal year. Vacation pay shall not be accumulated, except for extending circumstances having the prior approval of the mayor.
(b)
Accrued vacation leave may be used in lieu of sick leave when the accrued sick leave of an employee is insufficient to provide leave with pay during illness. Such use of a vacation time as sick leave shall be computed on the basis of five days' leave being equal to one calendar week vacation leave. Employees who are separated from the service in good standing and who have accrued vacation leave to their credit at the time of separation shall be paid the salary equivalent of the accrued vacation leave. All full-time classified and unclassified employees in the city service, excepting shift-duty members of the police and fire departments, shall be granted additional days of vacation during the fiscal year next succeeding the anniversary date, in accordance with the following schedule:
(1)
Upon completion of seven years, 15 working days total;
(2)
Upon completion of 13 years, 20 working days total;
(3)
Upon completion of 18 years on, 25 working days total.
After ten years of duty, shift-duty members of the fire department shall be granted 18 duty days vacation for a fiscal year. After ten years of duty, shift-duty members of the police department shall be granted 21 duty days vacation for a fiscal year.
(c)
All employees covered by a collective bargaining agreement shall receive vacation leave in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive vacation leave shall receive comparable treatment.
(Rev. Ords. 1987, § 11-90; Ch. 877, § I, 6-6-23)
Sec. 11-91. - Sick leave; death benefit.#
(a)
Each full-time employee in the classified and unclassified service shall earn sick leave with pay at the rate of 1¼ working days for each full calendar month of service, with no maximum accumulation, except that uniformed or permanent members of the fire and police departments who are disabled in the line of duty shall receive full pay while so disabled, in accordance with state law. Such sick leave must be earned before it can be granted and shall not be considered a right but shall be a privilege and granted under authority of this chapter. Upon retirement an employee shall be paid 50 percent of the total amount of sick pay credited to him as of the date of his retirement, up to a limit to be determined by their respective agreements for all employees covered by collective bargaining. Employees not covered by collective bargaining agreement and who are eligible to receive such benefit shall be treated comparably.
(b)
It is the intent of this provision that each permanent full-time employee in the city service appointed on or before January 1, 1960, shall have accrued to his credit, sick leave which may be granted at any time during the following 12 or succeeding months as follows:
(1)
Five or less years' service, 15 days;
(2)
Five to ten years' service, 30 days;
(3)
Ten to 15 years' service, 60 days;
(4)
Over 15 years' service, 90 days.
Sick leave will be granted for absence from duty because of actual personal illness, noncompensable bodily injury or disease and exposure to contagious disease. It may also be granted for a maximum of three days in any one year for an illness in the household.
(c)
When an employee finds it necessary to be absent for any of the reasons specified in this section, he shall cause the facts to be reported to his department head or immediate superior within two hours after the time set for beginning his daily duties, except that where a relief employee is required, such notification must be made before the hour to report for work. Sick leave may not be granted unless such report has been made.
(d)
In all cases where sick leave exceeds two working days the department head may require the employee to file a physician's certificate indicating the nature and probable duration of the disability.
(e)
Holidays and regular days off shall not be counted in computing sick leave taken. On-the-job injuries shall not be chargeable against accrued sick leave, and no loss of pay shall result from time lost due to such injury, except that in cases where the injured employee is a participating member in the municipal employees retirement system of the state and by reason of such membership is entitled to and qualifies for an accidental disability allowance in accordance with the provisions of G.L. 1956, §§ 45-21-21 and 45-21-22, the obligation of the city shall cease on the effective date of such retirement for accidental disability, provided that no employee injured in the course of his employment as the result of the fault or negligence of a third party shall receive his pay as aforesaid unless state law otherwise provides, including the payment of medical bills by the city during incapacity, unless such employee so injured executes a subrogation agreement in favor of the city to repay the city as provided by such subrogation agreement.
(f)
Whenever an employee dies while in the employ of the city, the city shall pay to the deceased employee's beneficiary, as designated under either the municipal employees retirement system of the state or the city police officer's and firefighter's retirement system, or to the widow, husband or heirs-at-law as hereinafter set forth a sum of money computed on the basis of his weekly earnings for accumulated sick leave and vacation leave which had accrued to such deceased employee at the time of his death, in accordance with the provisions of this section. If such deceased employee has failed to designate a beneficiary for such payment, then such sum of money shall be paid first to the surviving widow or husband and, if there is no surviving widow or husband, then to the surviving children in equal shares, provided that if such deceased employee has not designated a beneficiary and leaves no widow, husband or child, then such accrued benefits shall be paid to his next of kin.
(g)
All employees covered by a collective bargaining agreement shall receive sick leave in accordance with their respective agreements. Employees not covered by a collective bargaining agreement and who are eligible to receive sick leave shall receive comparable treatment.
(Rev. Ords. 1987, § 11-91)
State Law reference— Salary payment during line-of-duty illness or injury, G.L. 1956, § 45-19-1.
Sec. 11-92. - Jury duty.#
Regular full-time employees shall be granted leaves of absence for required jury or any other civil duty requiring appearance before a court or other public body. Such employees shall receive that portion of their regular salary which will, together with their jury pay or fees, equal their total salary for the same period.
(Rev. Ords. 1987, § 11-92)
Sec. 11-93. - Military duty.#
Any regular full-time employee who may be a member of the standby reserve or ready reserve of any branch of the armed forces and who may be ordered to perform military duties as part of a compulsory deployment for a period up to 365 days or less in a consecutive 12-month period at any time while so employed shall be paid the difference between the employee's regular salary paid by the city and the compensation paid by either the state or federal government during the performance of the military service as a member of a military unit in any consecutive 12-month period. However, if an employee is called to regular duty in the armed forces of the United States for a period of more than 365 days, the employee shall be given a leave of absence by the city, and the provisions of this section relative to the difference in earnings shall not apply.
The human resources director is authorized to promulgate rules and regulations necessary to implement the provisions of this section.
(Rev. Ords. 1987, § 11-93; Ch. 878, § I, 6-6-23)
Sec. 11-94. - Leave of absence.#
(a)
The head of any department or agency, with the approval of the appointing authority, may grant a regular employee leave of absence without pay for a period not to exceed six months. No leave without pay shall be granted except upon written request of the employee, and whenever granted, such leave shall be in writing and signed by the appointing authority, and a copy shall be filed with the director.
(b)
Upon expiration of a regularly approved leave without pay, the employee shall return to work in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration without good cause shall be considered as a resignation.
(c)
A maximum of three days' leave with pay in any one year may be granted to an employee for death in the immediate family. For the purpose of this section, "immediate family" shall be defined as the father, mother, sister, brother, wife, husband, grandmother, grandfather, child, mother-in-law, father-in-law, brother-in-law and sister-in-law related either by blood or marriage to the employee.
(d)
All employees covered by a collective bargaining agreement shall receive leave for death in their family in accordance with their respective agreements.
(Rev. Ords. 1987, § 11-94)
Sec. 11-95. - Liability protection.#
In the event that a member of the city council, the mayor, or any officer of the city appointed by the city council or the mayor is sued in any civil proceeding arising out of or related to actions performed in the course of their service to or employment with the city, the city shall defend such individual against the civil claim and pay any judgment and costs resulting therefrom. The city shall have the right to deny a defense or pay such judgment if it is finally determined by a court of competent jurisdiction that such individual acted outside of the scope of his or her service or employment.
(Ch. 234, § I, 11-14-02; Ch. 877, § XV, 6-6-23)
Secs. 11-96—11-110. - Reserved.#
DIVISION 4. - CLASSIFICATION AND PAY PLAN#
Footnotes:
--- (3) --- Editor's note— The schedules of pay rates are amended by ordinance. Such schedules are not set out in this chapter but are on file in the city clerk's office.
Sec. 11-111. - Adoption.#
The pay plans designated as exhibits A, B, C, D, E, G, F1 and F2 are hereby adopted as the official pay plans for the United Steelworkers of America Local 15509A; United Steelworkers of America Local 15509; International Association of Firefighters, Local 850 (AFL-CIO); International Brotherhood of Police Officers Local Number 569; Professional, Managerial, and Technical Employees Association; East Providence Department Heads and exhibits F1 and F2 are hereby adopted as official pay plans for non-classified full-time and/or part-time employees (i.e. seasonal and temporary) and unclassified employees respectively; and said exhibits shall be placed on file in the city clerk's office.
(Rev. Ords. 1987, § 11-111; Ch. 40, § I, 11-10-98; Ch. 63 § I, 4-20-99)
Sec. 11-112. - Payment of persons entering classified service as of November 1, 1959.#
All persons holding or entering a classified position in the city service on or after November 1, 1959, shall be paid the rates provided in sections 11-111 through 11-118.
(Rev. Ords. 1987, § 11-112)
Sec. 11-113. - Payment of minimum rate upon appointment.#
The minimum rate of pay for any class of position shall be payable to any person on his first appointment to the position allocated to the class.
(Rev. Ords. 1987, § 11-113)
Sec. 11-114. - Step increases generally.#
Any employee in a position allocated to a class carrying minimum and maximum pay rates may be granted a pay increase from one step to the next higher step within the established range, in accordance with the terms, conditions, and procedures provided in respective collective bargaining agreements for covered employees where these terms specifically mandate actions in conflict with the provisions of this section subject to the following provisions: (1)
For each class to which a pay grade number has been assigned, the salary schedule shall consist of an entrance rate, intermediate salary rates and a maximum rate.
(2)
Recommendations for step increases shall be made by heads of departments at the time of submission of annual budget estimates. Such recommendations shall be made on the basis of the quality of work and the proficiency and the seniority of individual employees.
(3)
The director of finance shall review such proposed step increases for availability of funds and conformity to the provisions of this division and shall recommend approval or disapproval of the increase to the mayor.
(4)
Except as otherwise provided, an employee on the date of his final appointment to a position in the classified service and for a period of six months thereafter shall receive the minimum rate of pay established for his class. This six-month period shall correspond to the initial probationary period for all employees, except members of the police and fire departments, whose probationary period shall be 12 months. Upon completion of the six months' of service, and upon the recommendation of the department head, an employee shall be eligible for an increase to step B or the next higher salary rate, whichever is applicable in the appropriate salary schedule. The granting of an increase during the probationary period of police officers and firefighters in no way terminates their probationary period which continues up to the completion of 12 months. The mayor shall have the authority to start a new employee at a higher step if it is impossible to recruit at the first step or if a person of unusual experience and qualifications is employed who would upon commencing work be as proficient as those already employed, in which case all employees in the class should be paid at least as much as the newcomer.
(5)
Subsequent to satisfactory completion of the probationary period and upon completion of six additional months of service the employee shall be eligible for an increase to step C salary rate in the appropriate salary schedule.
(6)
Thereafter an employee shall be eligible for an increase to the next higher step at the conclusion of each succeeding year of satisfactory service in his position until he has reached the maximum rate of the salary schedule established for his class. Exceptional and outstanding employee performance may be further rewarded on a limited basis by advancement in step increases in shorter periods of time on recommendation of the department head and approval of the mayor, provided that the director of finance shall certify that sufficient finds are available in the salary budget of the department affected. Similarly, salary advancements may be withheld for disciplinary purposes or where the employee's performance does not justify the scheduled salary advancement.
(7)
All step rate increases shall be effective at the beginning of the first pay period following completion of the required period of service.
(8)
In the event of promotion, the employee shall be paid at the lowest step in the higher salary schedule that will result in a minimum of four percent increase over the salary received immediately prior to such promotion. Such employee shall be eligible for step increases in accordance with the provisions of this section.
(9)
Any employee in the city service who is assigned to a position carrying a minimum and maximum range and who on October 31, 1959, is receiving a salary which is in excess of the minimum but less than the maximum rate as established for such class of position shall on November 1, 1959, receive the step salary rate equal to the salary he was receiving on October 31, 1959. However, any employee whose salary on October 31, 1959, falls between steps of the appropriate salary range shall receive the next higher step rate in the appropriate salary range.
(10)
An employee in the city service who is assigned to a position carrying a minimum and maximum range and who on October 31, 1959, is receiving a salary which is in excess of the maximum for the class to which he is assigned shall continue to receive such salary until such time as he vacates his position or until such time as sections 11-111 through 11-118 are amended to place the salary schedule for his class in a higher range, provided, however, that incumbent city employees having more than 15 years of service with the city on the effective date of this section shall not be prevented from receiving future pay increases at such times as blanket pay increases may be granted for all classes of employees.
(11)
Service requirements for the advancement of employees to higher step rates shall mean continuous employment in the city service without break or interruption, provided that authorized leaves of absence without pay shall not affect continuity of service, and further provided that all authorized leaves of absence without pay in excess of 30 days and all unauthorized leaves of absence shall be deducted in computing total service.
(Rev. Ords. 1987, § 11-114; Ch. 877, § I, 6-6-23)
Editor's note— The ordinance from which this section derives was adopted on April 19, 1960.
Sec. 11-115. - Computation to weekly, daily or hourly rates.#
A given rate of pay as expressed in the pay plan may be computed to a weekly, daily or hourly rate and established by a department head, with the approval of the director of finance, as the rate of pay for all employees of a particular class, provided that all employees of a given class in a given unit of a department shall be paid on the same basis.
(Rev. Ords. 1987, § 11-115)
Sec. 11-116. - Persons resigning or intending to resign to be ineligible for increases.#
No salary advancement shall be granted to an employee who resigns or makes known his intention to resign prior to the effective date of any salary advancement.
(Rev. Ords. 1987, § 11-116)
Sec. 11-117. - Employees to be paid biweekly.#
All employees in the city service shall be paid biweekly.
(Rev. Ords. 1987, § 11-117)
Sec. 11-118. - Certification of payroll prerequisite to issuance of checks.#
No officer or employee of the city shall issue a check for payment of or pay any salary or compensation to any person holding or claiming to hold a position in the classified service, unless the mayor shall have first certified that the persons named on the payroll or account of such compensation have been appointed and are employed in accordance with this chapter.
(Rev. Ords. 1987, § 11-118; Ch. 877, § I, 6-6-23)