DIVISION 2. - CLASSIFIED SERVICE PLAN
Part of the Code of Ordinances of East Providence, RI.
The text
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.