Anderson 

Subchapter 2 - Scope and Status of Employees

 

 

Sections:

 

2.520.0  Scope.

2.520.5  Purpose.

2.521.0  Appointment of Employees

2.521.5  Tenure and Termination of Employees.

2.522.0  Suspension, Demotion, and Discipline.

2.522.5  Promotion or Reassignment.

2.523.0  Probationary Period.

2.523.5  Term Permanent Employees.

2.524.5   Volunteers.

2.525.0   Incorporation into Employment Contract

2.525.5.  Availability.

 

 

Section 2.520.0.          Scope: 

                        (a)  This article applies to all full-time and part-time employees of the city.

                        (b)  This article does not apply to the following, except as otherwise specifically provided.

            1)  elected officials

            2)  members of the city boards, commissions and authorities;                      

            3)  all persons who perform services for the city as volunteers;

            4)  elected and appointed officials;

            5)  persons employed by the city under a grant to the extent of any inconsistency between the grant agreement and this article;

            6)  the city attorney (if one is retained) and other persons hired on a contractual basis to perform services for the city.

 

Section 2.520.5.          Purpose. 

It is the purpose of this article to fulfill the council’s duty under Section 2.01.010 of the Municipal Code to adopt a personnel ordinance.

 

Section 2.521.0.          Appointment of Employees. 

                        (a)  Except as otherwise provided by ordinance, the mayor shall appoint all employees.  The city administrator, city clerk, and department heads shall not take office until the mayor's appointment is confirmed by the council.  If the council declines to confirm the mayor's appointee, the mayor shall appoint another person for the council’s consideration.  This process shall continue until the council confirms a person appointed by the mayor.  The council may not confirm any person as city administrator, city clerk, or a department head unless that person has first been appointed by the mayor.

                        (b)  In selecting a person to be appointed to “the position of city clerk, city administrator or department head”.  The mayor may consider any factor he/she deems relevant “that is not prohibited from consideration by law”.  The mayor shall appoint the person whose appointment will, in the mayor's discretion, be in the best interests of the city.  All other appointments and promotions shall be based on merit.

                        (c)  The mayor may not delegate authority for appointment for any city employee.

                        (d) No person has a property right to receive an appointment to city service.

 

Section 2.521.5.  Tenure and Termination of Employees. 

                        (a)  Except as otherwise provided in Section 2.523.0, Probationary Period, all city employees can be terminated only for just cause.  An employee may be terminated by the Mayor.

                        (b)  "Just Cause" shall mean:

            1)  Failure to comply with generally accepted standards of morality, ethics, decency, or manner of performing work to an extent that the failure materially impairs the employee's work performance, the efficiency of the city service, or the reputation of the city; or

            2)  Intentional or negligent damage, destruction, or loss of municipal property; or

            3)  Theft of municipal property; or

            4)  Incompetence, inefficiency, misfeasance, malfeasance, or negligence in the performance of duty; or

            5)  Insubordination, or inability to work in cooperation with other employees or supervisors; or

            6)  Conviction of a felony, or conviction of a misdemeanor involving moral turpitude; or

            7)  Notoriously disgraceful personal conduct which materially impairs the employee's work performance, the efficiency of the city service, or the reputation of the city; or

            8)  Unauthorized absence, repeated tardiness or abuse of leave; or

            9)  Acceptance of any valuable consideration which the employee has reason to believe was given with the expectation of influencing the employee in the performance of his or her official duties; or

            10) Falsification of records; or

            11) Use of an employee's official position for the employee's personal advantage, or for the improper advantage of any person; or

            12) Performing any act or omission which materially impairs the employee's work performance, the efficiency of the city service, or the reputation of the city; or

            13) Reduction in force.

                        (c)  "Reduction in force" shall mean a reduction in the number of city employees, or the elimination of one or more positions from the city service, or the change of one or more positions from full-time to part-time status, or the change of one or more positions from permanent status to temporary or term permanent status, for an economic reason.  Economic reasons include but are not limited to the following.

(i)  Reduction in the budget or appropriations of the city, or of that portion of the budget or appropriations of the city, which applies to a particular position.  Determination of the amount of the city's budget, appropriations, or any part thereof is a legislative decision committed to the absolute discretion of the city council, which can reduce the amount of the budget, appropriations, or any part thereof for any reason or for no reason.

(ii)  Lack of work which the person is needed to perform.  Assignment of the workload and distribution of tasks among city employees is an administrative decision committed to the absolute discretion of the mayor.  The mayor can distribute tasks and workload among city employees in any manner which he/she deems necessary and may change the manner of distribution for any reason or for no reason.

(iii)  any other reason based on economic factors.

                        (d)  An employee shall be terminated for just cause using the procedure contained in sections 2.570.0 - 2.572.0.  An employee may voluntarily terminate employment with the city by giving written notice of termination to the mayor two weeks prior to the effective date of the termination.

                        (e) The grievance procedures contained in sections 2.572.5 through 2.578.5 do not apply to the termination of an employee's employment with the city. 

(Ord. 10-01)               

 

Section 2.522.0           Suspension, Demotion, and Discipline.

                        (a)  Except as otherwise provided in Section 2.523.0, Probationary Period, an employee may be suspended without pay, demoted, or otherwise disciplined only for just cause.  "Just cause" shall have the same meaning as contained in section 2.521.5.  The appointing authority may apply any other level of discipline which is commensurate with the severity of the offense under the facts of each particular case.

                        (b)  The mayor cannot delegate authority to suspend without pay or demote an employee.  The mayor can delegate authority to take other disciplinary action against an employee to the department head.

                        (c) The termination procedures contained in sections 2.570.0- 2.572.0 shall be utilized for all suspensions without pay, demotions, and other disciplinary actions which deny an employee the right to receive money or any other property right protected by the state or federal constitutions.  The grievance procedures are contained in sections 2.572.5.-2.575.5.

 

Section 2.522.5.          Promotion or Reassignment. 

                        (a)  Except as otherwise provided by ordinance, the mayor may promote or reassign any employee to any position if he determines that such action will enhance the efficiency or productivity of the city service.  In making a promotion or reassignment decision, the mayor may consider any relevant factor.

                        (b)  The mayor can delegate promotion or reassignment authority to the mayor designee or a department head.  The grievance procedures contained in sections 2.572.5 through 2.578.5 apply to promotion or reassignment decisions.

                        (c)  No municipal employee has a property right in being promoted or reassigned within the city service or in being considered for promotion or reassignment to any particular position.

 

Section 2.523.0.          Probationary Period. 

Every person appointed to a position in the city service, either as a new employee or as a result of reassignment, promotion, demotion, reduction in force, or other reason shall serve a probationary period of 90 days following the date of appointment.  The mayor may extend the probationary period for an additional 90 days where an employee would otherwise be removed.  During the probationary period, the employee is an “at will” employee and can be terminated or otherwise disciplined for any reason or for no reason.  A probationary employee may be terminated or otherwise disciplined using any procedure.  The termination and grievance procedures contained in section 2.570.0-2.578.5 do not apply to probationary employees.  Upon completion of the probationary period, the employee shall attain the status of permanent or term permanent employee, as the case may be.

 

Section 2.523.5.          Term Permanent Employees. 

A term permanent employee shall be treated for all purposes as a permanent employee, except that a term permanent employee's employment automatically terminates upon the expiration of the term for which the employee was hired.

 

 

Section 2.524.5.          Volunteers. 

                        (a) Volunteers are not municipal employees, and volunteers do not have a property right in obtaining or retaining the status of volunteer with the city, or any incident or aspect thereof.  The mayor may appoint, terminate, suspend, demote, discipline, promote, and reassign volunteers for any reason or for no reason, and using any procedure.  A volunteer may be terminated from volunteer status without notice and is not entitled to two weeks pay in lieu of notice.  The mayor may delegate to the city administrator or a department head, authority to take any action authorized in this section, with respect to a volunteer.  Volunteers shall not be authorized to utilize the termination or grievance procedures contained in sections 2.570.0 through 2.578.5 for any purpose.

 

Section 2.525.5.          Availability. 

The mayor shall make available a copy of this article to each city employee upon its adoption, and to each newly hired city employee.  The mayor shall also make available a copy of the applicable provisions of this article to any volunteer who will perform services for the city on a regular or continuing basis.  Failure to make available a copy to an employee or volunteer shall not invalidate this article as to that employee or volunteer.