TABLE OF CONTENTS

 

ARTICLE                              TITLE                                                                            PAGE NO.

4-4-2                 Adoption, Purpose and Scope                                                                  58

4-4-4                 Equal Employment Opportunity Policy                                                    60

4-4-6                 Recruitment and Selection Policy                                                               61

4-4-8                 Separation and Re-employment Policy                                                       65

4-4-10                Conflict of Interest, Political Activities and Code of Ethics                 67

4-4-12                Outside Employment Policy                                                                        68

4-4-14                Uniforms/Appearance and Issued Equipment                                          69

4-4-16                Attendance and Leave Policy                                                                     69

4-4-18                Sexual Harassment or Conduct                                                                   79

4-4-20                Disciplinary Action Policy and Procedure                                                81

4-4-22                Grievance and Appeals Policy and Procedure                                         85

4-4-24                Position Classification System                                                                    88

4-4-26                Alcohol and Controlled Substance Policy                                               91

4-4-28                Compensation Policy                                                                                    97

4-4-30                Safety and Workers' Compensation Policy                                                102

4-4-34                Travel and Training Policy                                                                           10

44-4-36                Smoking Policy                                                                                           109

 

4-8                  Civil Service Rules and Regulations                                                             110

4-12                 Insurance and Retirement, General                                                               112

4-12-4               4022 Retirement Plan                                                                                     114

4-12-6               Consolidated Retirement Plan                                                                      139

Chapter 4-4

PERSONNEL RULES AND REGULATIONS

Sections:

Article 4-4-2 Adoption, Purpose and Scope

4-4-2-010             Adoption.

4-4-2-020          Purpose.

4-4-2-030          Applicabilty.

4-4-2-040          Administration of the personnel system.

Article 4-4-4 Equal Employment  Opportunity

4-4-4-010          Policy.

4-4-4-020          Administration.

4-4-4-030          Discrimination complaints.

Article 4-4-6 Recruitment and Selection

4-4-6-010          Recruitment.

4-4-6-020             Application process.

4-4-6-030          Selection process.

4-4-6-040          Limitation on employment of relatives.

44-6-50            Certification of employability.

44-6-60            Orientation of new employees.

44-6-70            Initial working test period.

4-4-6-080         Working test period;promotions/demotions/transfers.

Article 4-4-8 Separation and Re-employment

4-4-8-010          Resignation.

44-8-20            Reduction in force, layoffs.

44-8-30            Loss of job requirements.

44-8-40            Abandonment of job.

4-4-8-050          Dismissal.

44-8-60            Retirement.

4-4-8-070          Death.

44-8-80            Activities required upon separation.

4-4-8-090          Re-employment.

Article 4-4-10 Conflict of Interest, Political Activities and Code of Ethics

4-4-10-010         Acceptance of gifts, gratuities, special privileges.

44-10-20           Proprietorship of creations.

44-10-30           Confidential information.

4-4-10-040         Conflict of interest.

44-10-050         Political activity.

 

4-4-10-060           Use of microcomputer software.

Article 4-4-12    Outside Employment

4-4-12-010         Limitations and approval requirement.

Article 4-4-14   Uniforms, Appearance and isssued Equipment Policy

4-14-10           General appearance.

4-4-14-020      Uniforms.

Article 4-4-16 Attendance and Leave Policy

4-4-16-010         Hours of work.

4-4-16-020        Absenteeism and tardiness

.4-4-16-030         Holidays observed.

4-4-16-40          Vacation leave.

4-4-16-050         Sick leave.

 

4-4-16-060        Military leave.

4-4-16-070         Court leave.

 

4-4-16-080         Funeral leave.

 

4-4-16-090         Family and medical leave of absence without pay.

 

4-4-16-100         Leave of absence for religious holidays, education or special work.

 

4-4-16-110         Disability.

Article 4-4-18 Sexual Harassment or Conduct

 

44-10-050         Political activity.

 

4-4-10-060           Use of microcomputer software.

Article 4-4-12    Outside Employment

4-4-12-010         Limitations and approval requirement.

Article 4-4-14   Uniforms, Appearance and isssued Equipment Policy

4-14-10           General appearance.

4-4-14-020      Uniforms.

Article 4-4-16 Attendance and Leave Policy

4-4-16-010         Hours of work.

4-4-16-020        Absenteeism and tardiness

.4-4-16-030         Holidays observed.

4-4-16-41          Vacation leave.

4-4-16-050         Sick leave.

 

4-4-16-060        Military leave.

4-4-16-070         Court leave.

 

4-4-16-080         Funeral leave.

 

4-4-16-090         Family and medical leave of absence without pay.

 

4-4-16-100         Leave of absence for religious holidays, education or special work.

 

4-4-16-110         Disability.

Article 4-4-18 Sexual Harassment or Conduct

4-4-18-010         Policy.

4-4-18-20          Rights and responsibilities.

4-4-18-030         Definitions.

4-4-18-40          Resolution procedure.

4-4-18-050         Remedial action.

Article 4-4-20 Disciplinary Action Policy and Procedure

4-4-20-10          Goal and purpose

.4-4-20-020         Definitions.

4-4-20-030         Procedure.

 

4-4-20-40          Reasons for disciplinary action.

4-4-20-050         Safety and departmental personnel rules.

 

4-4-20-060         Appeal rights.

Article 44-22 Grievance and Appeals Policy and Procedure

4-4-22-010         Policy.

 

4-4-22-020         Definitions, coverage and applicability.

 

4-4-22-30      Formal grievance procedure.

 

4-4-22-40 Code of Marietta

 

44-22-40    Salary of suspended, demoted, or dismissed         employees.

 

Article 44-24 Position Classification System

44-24-010            Objective.

44-24-020            Definitions.

44-24-030            Administration.

44-24-040            Interpretation of benchmark descriptions.

44-24-50    Appeals.

 

Article 44-26 Alcohol and Controlled Substance Policy and Procedural Guide

44-26-010            Policy.

44-26-020            Prohibited acts.

44-26-030            Alcohol or controlled substance testing.

44-26-40    Procedural guide for violations.

44-26-050            Confidentiality.

44-26-060            Awareness program.

44-26-70    Referral for rehabilitation.

44-26-80    Screening test program.

44-26-90    Disciplinary actions.

 

Article 44-28 Compensation Policy and Procedure

44-28-010            Policy.

44-28-20    Development and amendments to

the pay plan.

44-28-30    Pay administration.

44-28-40    Promotions.

44-28-50    Demotions.

44-28-060            Transfers.

44-28-070            Reclassifications.

44-28-80    Temporary employment.

44-28-090            Overtime.

44-28-100            call out pay.

44-28-110            Performance increase.

44-28-120    Working out of classification.

44-28-130    Required court appearance.

44-28-140    Police shift differential pay.

44-28-150    Standby pay.

44-28-160    Definitions.

 

Article 44-30 Safety and Workers' Compensation Policy

44-30-010            Safety policy.

44-30-20    On-tbe-job injuries.

 

Article 44-34 Travel and Training Policy

44-34-10    Policy.

44-34-020            Scope.

44-34-030            Responsibilities.

 

Code of Marietta

 

 

44-34-040          Definitions.

44-34-050          General guidelines for authorization of travel/training.

44-34-60          Authorization for travel/training.

44-34-070          Expense reimbursement.

      Article 4-4-36 Smoking Policy

44-36-10          Purpose.

44-36-20          Scope.

44-36-030          Policy.

            Article 4-4-2 Adoption, Purpose and Scope

 

4-4-2-010 Adoption.

The personnel rules and regulations, marked Exhibit A, attached to Ordinance No. 4828 and incorporated therein by reference, are adopted for the city. Such personnel rules and regulations are set out in the remainder of this chapter. (Code 1978, § 4-1001; Ord. No. 5575, 6/12/96)

4-4-2-20 Purpose.

 

A.     The purpose of these policies is to establish a system of personnel administration that will recruit, select , develop and maintain an effective work force for the City of Marietta/Marietta Board of Lights and Water.

B.     Any and all references to the term "city" shall include the entities known as the Marietta Board of Lights and Water and/or Marietta Power and/or Marietta Water.

C.     Any and all usage of the pronouns, "he, his, or him" shall refer to both sexes throughout the personnel rules and regulations.

D.     These policies and procedures apply to employees classified as civil service employees except where the subject matter hereof is in conflict with Chapter 4-8 of Part 4 of the Code of Marietta, Georgia, in which event, the provisions of said Chapter 4-8 shall prevail.

E.     The system outlined herein shall be consistent with the following principles:

1.     Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills, including competition of qualified applicants for initial appointment ;

2. Establishing and maintaining adequate and equitable compensation;

3.     Training employees, as needed, to assure high quality performance ;

4.     Retaining employees on the basis of the adequacy of their performance,

correcting inadequate performance and separating employees whose inadequate performance cannot be corrected ;

 

Personnel

 

5.      Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, age, sex, religion , or disability-,

6.      Establishing a procedure for the presentation and adjustment of employee grievances based on alleged inequitable treatment or based on alleged discrimination because of political affiliation, race, color, national origin, age, sex ,religion or disability-,

7.      Assuring the city's protection against partisan political coercion and prohibiting its use of official authority for interfering with or affecting the results of an election or the nomination for an office. (Code 1978, § 4-1002;Ord. No. 5139, 3/IM3, § 1; Ord . No. 5575, 6/12/96)

 

4-4-2-030 Applicability.

 

A.      Except where specifically noted, the personnel rules and regulations shall apply to all employees with the following exceptions:

1.     The mayor and members of the city council;

2.      Members of appointed boards and committees;

3.      Persons employed to make or conduct a temporary or special project, investigation or inquiry on behalf of the city or committee thereof, including all contracted labor and volunteers;

B.      The following persons are required to abide by the personnel rules and regulations and may be eligible for benefit programs only as provided by separate contractor as specifically referenced herein:

1.      Personnel appointed by the mayor or city council, city manager, city clerk, secretary to the mayor, municipal judge, solicitor and other appointed positions not named herein,

2.      Permanent and temporary part-time, temporary full, time , or provisional positions unless specifically referenced in any provision herein. (Code 1978, § 4-1003; Ord.No. 5262, 2/9/94-, Ord. No. 5575, 6/12/96)

 

4-4-2-40 Administration of the personnel system.

 

A. City Manager. The city manager shall review recommendations of the personnel director regarding personnel policies and procedures, wage and salary ad-ministration, classification system and any other matters pertaining to administrative policies.

B.     Personnel Director. The city manager shall select a qualified individual to serve as personnel director. This employee shall have full responsibility for all administrative and technical activities of the personnel system under the direction of the city manager.

 

 

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Personnel

4-4-2-040

 

C. Department Heads. Department heads will be responsible for the proper and effective administration and enforcement of these rules and regulations within their respective departments.

D. Amendment of Rules. The city manager or council members may propose additional rules and regulations , deletions or amendments to the personnel rules and regulations manual. Such revisions or amendments will only be effective upon approval by council in ordinance form and upon a date designated by the council.

I . All approved revisions or amendments shall be implemented by the city manager with copies posted on all approved employee bulletin boards and distributed to all departments for information and compliance. All employees should be given a copy of all approved revisions or amendments in order to update their issued manuals.

2.   Employees' continued employment constitutes acceptance of all approved revisions or amendments.

E.  Departmental Personnel Policies.

 

1. Departmental personnel policies and procedures shall serve as a supplement to these rules and regulations and are enforceable as such. In the event of a conflict in any section, the more restrictive rule shall prevail.

2.   Departmental personnel policies and procedures shall be in writing. The personnel director and the city manager shall review proposed policies and procedures. No such policies and procedures will be effective without the approval of city council. Approval by the city council shall carry the irrebuttable presumption that all required procedures have been followed, and no policy or procedure shall be defective because either the personnel director or the city manager has not reviewed them.

F.  Management and Employee Rights and Responsibilities.

 

I . Nothing contained in these rules and regulations shall be construed to affect or diminish the city's or the civil service board's prerogatives in accordance with applicable laws, city charter and ordinances.

2.   The use herein of mandatory language such as "shall" or "will" is not intended and is not to be construed as creating enforceable interests in continued employment or benefits of employment or otherwise as limiting or restricting the authority of the city/BLW.

3.   Additionally, the powers of city management include, but are not limited to, all the following:

a.   To determine the organization of the city/BLW government ,

b.   To determine the purpose of each of its units and departments;

c.   To exercise control and judgment over city/BLW operations,

 

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d.    To set standards for services to be offered to the

Public:

e.     To hire, examine, classify, promote, transfer, assign, schedule and retain employees in positions with the city/BLW;

f.     To discipline employees as necessary;

g.     To alter the composition and size of the workforce, including the option to relieve employees from duty because of lack of work, funds, or for other reasons within the discretion of the city/BLW;

h.     To determine how operations are to be conducted, including the right to contract and subcontract existing and future work activities;

i.     To determine the number of employees to be employed by the city/BLW within budget constraints;

j.     To establish or modify the wage and salary administration          and classification and compensation policies including number, types and grades of positions or employees assigned to an organization, unit, department or project;

k.     To establish or modify job responsibilities.                                                  

4. Employees are also entitled to certain rights and privileges which will be safeguarded through administration of these rules and regulations. Employees have a right:

a.     To equitable treatment in the assignment and compensation of work;

b.     To compete for advancement;

c.     To work under safe conditions and the privilege to recommend means of creating safer working conditions;

d.     After following the appropriate chain of command, employees have the right to communicate with the city manager and department heads regarding job related problems, suggestions, ideas, inquiries, etc. Employees must initially discuss such issues with the appropriate supervisory staff except as specifically described herein.

e.     To seek redress for a grievance;

f.     To work freely and unimpeded by political, social or personal influences,

g.     To reasonable standards of work and reasonable resources to accomplish the work;

h.     To fringe benefits which the city may, in its discretion, provide;

i.     To receive constructive criticism without ridicule and embarrassment;

j.     To nondiscrimination,

k.     To all applicable employment rights granted or implied by the Constitution of the United States, Georgia State Statutes, charter and ordinances of the city/BLW and applicable federal and state regulations. (Code 1978, §4-1004-, Ord. No. 5575, 6/12/96)

 

 

 

Article 4-4-4 Equal Employment Opportunity

4.4-4-010 Policy.

A. It is the policy of the city/BLW to foster, maintain and promote equal employment opportunities. All applicants and employees of the city/BLW shall be assured of fair and equitable treatment in all aspects of personnel administration without regard to race, color, religion, national origin, and political affiliation. Discrimination on the basis of age, sex, physical or mental disabilities is prohibited except where specific age, sex, physical or mental requirements constitute a bona fide occupational qualification necessary for proper and efficient operations or where an attempt to accommodate such limitation would impose an undue hardship on the operation of a program or activity.

B.     It is the policy of the city/BLW to comply fully and completely with the provisions of the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Americans With Disabilities Act, and other federal and state laws and regulations to the extent that these acts and regulations issued pursuant thereto apply to the city/BLW government. Nothing in this chapter or elsewhere in these rules and regulations shall be interpreted to impose any greater restriction or obligation on the city/BLW than is imposed by the above referenced laws and regulations.(Code 1978, § 4- 101 1, Ord. No. 5134, 3/10/93, § 2; Ord.No. 5575, 6/12/96)

4-4-4-020 Administration.

A.     The personnel director and the city manager shall regularly review the implementation of this policy and relevant practices to assure that equal employment opportunity is being actively observed through reasonable performance related job requirements and standards.

B.     The personnel director shall serve as the equal employment opportunity officer for the city/BLW. (Code1978, See. 4-1012; Ord. No. 5575, 6/12/96)

4-4-4-030 Discrimination complaints.

A.     A discrimination complaint is defined as an allegation by an applicant for employment, an employee, or a former employee that the city/BLW has engaged in an improper practice by discrimination against the applicant, employee or former employee because of race, color, religion, national origin, political affiliation, age, sex, or physical or mental disabilities.

B.     A complaint of discrimination in violation of these regulations shall receive prompt treatment.

 

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C.     Applicants and Former Employees. A discrimination complaint by an applicant for employment or a former employee shall be made in writing to the personnel director within ten calendar days after the applicant for employment or former employee knew or, in the exercise of due dili-gence, should have known of the conduct or acts upon which the complaint is based. Upon receiving such a complaint, the personnel director shall make an investigation in order to determine whether discrimination has occurred. The personnel director may terminate his investigation and dismiss the complaint if the complainant fails or refuses to cooperate in the investigation. If the personnel director finds that a preponderance of the evidence indicates that discrimination has occurred, he shall recommend to the city manager an appropriate remedy therefore. When possible, discrimination complaints made by applicants for employment or former employees shall be investigated and resolved within thirty (30) calendar days of the date that the com-plaint is received.

D.     Employees. A discrimination complaint by an employee shall be considered a grievance and shall be received and treated in accordance with the grievance procedure described elsewhere in these regulations, including the time limits established by said grievance procedure.

E.    In all cases, if there is a finding that discrimination has occurred, the city manager shall take such disciplinary action against the person or persons responsible for the discrimination as may be appropriate under the circumstances. (Code 1978, § 4-1013; Ord. No. 5575, 6/12/96)

Article 4-4-6 Recruitment and Selection4-4-6-010 Recruitment.

A.     Personnel Requisi6on.1.    When a department head or designee wishes to fill any vacancy of a budgeted position or would like to create a hiring eligibility list he will submit a request to the personnel department to fill the position. The personnel director and the department head or designee will develop a plan to either open the position competitively to the public and employees or to open the position promotionally to employees only. The request to fill the position must include class title, assigned pay grade, and current minimum job requirements.

2.     The personnel director shall review the information submitted by the department head or designee to ensure that information necessary for recruitment, selection, appointment or promotion is provided, and to ensure that suggested employment standards are consistent with equal employment opportunity laws and regulations. All requests must be approved by the personnel director.

 

 

 

 

 

B. Posting and Advertisement.1.    All vacancies should be announced on the city/BLW employee bulletin boards. If the position is also to be open to the public, the announcement will also be advertised publicly and sent to a listing of appropriate organizations and individuals and such other organizations on file in the personnel department that might attract potential candidates. Employees are encouraged to refer qualified applicants to the personnel department.

2.     The personnel director, with input from the requesting department head, may advertise to other organizations, universities and schools, and the news media and make reasonable efforts to publicize open vacancies so that potential candidates are informed and qualified persons are attracted to compete for the position.

3.     Announcements shall specify title, minimum starting pay, minimum requirements including alcohol and controlled substance testing, manner of making application, final date on which applications will be accepted and assurance of equal employment opportunity. (Code 1978, Sec. 4-1021;Ord. No. 5485, 9/13/95, Ord. No. 5575, 6/12/96)

 

4-4-6-20   Application process.

 

A.     Applications will only be accepted for advertised or posted positions, Unsolicited applications or resumes will be returned to the sender.

B.     Applications for positions with the city/BLW shall be made through the personnel department on application forms which require information covering training, experience, skills, and such other job related information as maybe necessary to determine the abilities of the applicant to meet the requirements of the position or by resume for certain designated positions.

C.     All applications and letters of interest must be signed by the applicant. If, at any time, the applicant's information is, in the sole discretion of the city/BLW determined to be materially false, the applicant or employee is subject to either elimination from further consideration or disciplinary action up to and including discharge. The personnel director or the department head may disqualify an applicant who practices or attempts to practice fraud or deception in the application or selection process,

C.     The personnel director or applicable department head may require & applicant to submit proof of education, military service, necessary certifications or licenses or any other job related documentation deemed necessary.

D.     Applicants are considered for advertised positions for which they specifically apply, Should the same or similar position become open within thirty (30) days of the closing date of the first announcement, or longer at the discretion of the personnel director, the same applicant

 

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pool or group will be used without further announcement or advertisement.

F.     Applications may be updated to be considered for a new vacancy at the request of the applicant if ft applicant can provide the title of the position that he previously applied for and the request for update is within three months of the previous application.

G. Individuals with passing scores on police and fire entrance examinations will be listed in ranking order by score on an eligibility list. These candidates are eligible for further selection processing for a minimum time period of six months to a maximum time period of two years. The duration of each list, within these parameters, will be at the discretion of the respective chief of each depart-ment after approval by the personnel director. (Code 1978,§ 4-1022; Ord. No. 5139, 3/10/93, § 3., Ord. No. 5485,9/13/95; Ord. No. 5575, 6/12/96)

 

4-4-6-030 Selection process.

 

A.     Screening Process, Personnel Department. The personnel department staff will evaluate and screen each application for an advertised position for the purpose of determining whether the applicant meets the established employment standards. Applicants may be requested to furnish information or evidence as is necessary to make such a determination including, but not limited to written, oral, physical or performance tests or any combination of these as determined by the hiring department and the personnel department. Applicants best meeting employment standards will be referred to the employing department head or his designee for further review and personal inter-view.

B.     Screening Process, Department Level. The department head or designee will review referred applications for skill needs and interview at least three of the referred candidates for each vacant position. The department head or his designee may request interviews with additional candidates. However, the department head or his designee may either select an employee from among applicants referred or choose not to select from the provided applicant pool and request that the position be re advertised. The department head shall inform the personnel director of his recommendation for hire as soon as possible after he makes a decision.

C. Basis of Employment. Employment with the city/BLW shall be based on the ability to perform the essential job functions described for each position, with or without a reasonable accommodation, merit, and moral fitness as evidenced by:

 

 

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Code of Marietta

 

1.     Training, experience, education and skill level as reflected by the       application from other documentation

2.     Written examination or performance tests when applicable;

3.     Drug screening examination for safety sensitive jobs ;

4. References and background investigations-, and

5.     Minimum physical agility standards for non-civilian

members of the police and fire departments; and

6.     Post-offer medical examinations.

 

D. Examinations and Interviews. All applicants are subject to the requirements of the standard examinations and/or performance testing procedures which are currently in practice for the position for which they have applied. Written examinations used by the city/BLW will be validated for job relevancy. Interview questions used as a basis for making hiring decisions will be uniformly applied to each applicant for a position and will be job related to determine the merit and fitness of the applicant for the particular position for which they have applied.

E.     References and Background Investigations. The personnel department the department head or their designee may perform, depending on the nature of the job: reference checks, criminal history checks, credit history checks or other background investigations including polygraph testing and driving history checks as part of the pre-employment procedure.

F,     Post-employment Offer Physical Examinations   and Drug Screening. For certain designated positions, individuals who have received a conditional offer of initial employment or offer of promotion, transfer or demotion to such designated positions shall receive a physical and/or psychological examination that is job related and is consistent with business necessity and/or drug screening test prior to their first day of employment or service in the new position.

G. Selection Decision. The authority for making the final decision as to which applicant will be hired rests with the department head. No offer of employment shall be made until the results of all pre-employment tests, reference checks and background information are completed and analyzed. All appointments and conditions of employment will be reviewed and approved by the department head and the personnel director.

H. Establishment of Trainee Position. If, in the judgement of the department head and the personnel director, there appear to be no qualified candidates as a result of a recruitment effort, a position may be temporarily reclassified as a trainee position. The trainee position will be readvertised with lower qualification requirements and starting wage. If the trainee position becomes vacant or the occupant of the position fully meets the requirements

 

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of the original position, the trainee position reverts to the original, budgeted classification.

1. Reasonable Accommodation Policy.

I .    It is the policy of the city/BLW to provide reasonable accommodation to the known physical and/& mental limitations of qualified applicants or employees with disabilities, when to do so does not result in undue hardship.

The policy is implemented to:

a. Ensure equal opportunity in the application process,

b. Enable a qualified individual with a disability to perform the essential functions of a job; and

c. Enable a qualified employee with a disability to enjoy equal benefits and privileges of employment.

2.     It is the obligation of an individual with a disability to request a reasonable accommodation unless the qualified employee has an obvious or otherwise known disability and it appears that he cannot perform an essential function of the job.

3.     A qualified individual with a disability has The right to refuse a reasonable accommodation. However, after refusing a reasonable accommodation, if the individual cannot perform the essential functions of the job, he can be considered unqualified for the job.

4.     The following process will be followed to identify the kind of accommodation best suited for the activity:

a.     The activity or job will be examined to determine its purpose and essential functions.

b.     The ADA coordinator in the personnel department will consult with the individual with the disability to determine their specific physical and/or mental abilities and limitations as they relate to the essential job functions.

c.     The ADA coordinator in consultation with the individual and/or sources providing technical assistance for reasonable accommodations, will identify potential reasonable accommodations and assess how effective each would be in enabling the individual to perform essential job functions.

J. The chiefs of the fire and police departments shall establish bona fide occupational qualifications for non-civilian members of their departments in order to assure the initial and continued fitness and ability of such members to perform their duties. These qualifications shall include, but are not limited to, mental and physical qualifications. In addition, all individuals hired as police officers and firefighters after the date of approval of this ordinance are required, with or without a reasonable accommodation, to meet minimum physical agility standards, established by the city and as may be amended, in order to be initially employed and shall continue to meet these minimum physical agility standards throughout their career with the city. Failure to meet minimum physical agility standards will constitute a failure to meet minimum fitness for duty

 

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                              Personnel       4-4-6-030

 

requirements and as such will be cause for separation from employment in accordance with Section 4-4-8-040.

K. When vacancies occur in non-civilian positions in the police and fire departments above entry level and below a deputy chief appointment, the chiefs of the fire and police departments shall have authority to select individuals to fill such vacancies in the following manner:

I .    The chief will post or cause to be posted a notice on all employee bulletin boards within their respective departments soliciting applications for the promotional process from eligible candidates.

. 2.      The selection process may include, but is not limited to:

a. A written examination;

b.     An assessment center;

C.     A review of the candidates' departmental employment history;

d.     An evaluation of the candidates' promotional potential by all ranking officers and/or supervisors in the candidates' chain of command below the rank of chief;

e.     A background investigation including, but not limited to, criminal history, credit history and driving history;

f.     An alcohol and illegal drug screen;

g.     For those employees hired after October 12, 1994,either successful completion of a physical agility test or successful completion of a physical agility test within the previous twelve (12) months provided the employee is not participating in any physical agility remediation program at the time of application to participate in the promotional process; and

h.     Oral interviews may, at the discretion of the chief, be conducted with the chief or his designee. Failure to successfully complete or pass any portion of the selection process as outlined herein will eliminate such employee from further consideration for the duration of the eligibility list. The specific selection instruments will be periodically reviewed and validated for job relevancy. All selection procedures will be uniformly applied to all eligible candidates to determine the merit and fitness of the candidate for the particular position for which they have applied.

3.     The authority for making the final decision as to which candidate will be promoted rests with the chiefs of each department. No offer of promotion shall be made until the results of all of the selection procedures have been completed and analyzed.

4.     Individuals who have successfully completed the selection process as described in subsection (K)(2) of this section will be fisted in ranking order by total score on an eligibility list These candidates axe eligible for promotion for a minimum time period of one year to a maximum time period of three years. The duration of each list, within these

 

 

63

 

Code of Marietta

 

4-4-6-030

 

parameters, will be at the discretion of the respective chief of each department. (Code 1978, Sec. 4-1023; Ord. No.5139, 3/10/93, §§ 4-7; Ord. 5360, 10/12/94; Ord. No. 5485,9/13/95, Ord. No. 5575, 6/12/96)

 

4-4-6-040 Limitation on employment of relatives.

A. No relative of the mayor, any council member, the city manager, the BLW board manager, any BLW board member, any civil service board member, or any staff member of the personnel department shall be employed in any position with the city. In addition, relatives of city employees shall not be employed if such employment will result in one relative supervising another relative, or where one relative occupies a position which has an influence over the other relative's employment, promotion, salary administration, or other related management or personnel considerations.

B. 'For the purpose of this policy, the term "relative" shall mean wife, husband, mother, father, brother, sister, son, daughter, grandmother, grandfather, grandson, grand-daughter, aunt, uncle, nephew, niece, or cousins of the first generation. Also included are the step, half and in-law relationships as appropriate based on the above listing. Also included are others living within the same household or other wise so closely identified with each other as to suggest a family unit.

C. In the event of a marriage between two employees of the same department in which there is a supervisory influence or relationship, one employee is required to make arrangements for a transfer or submit his or her resignation within thirty (30) calendar days of such event. If no prior arrangements are made with the personnel department, the employee hired last will forfeit their position.

D. Any person who is a relative of the mayor, city council member, ELW board manager, BLW board member, civil service board member, or the city manager, or a staff member of the personnel department who is employed by the city at the time such mayor, council member, BLW board manager, BLW board member, civil service board member, city manager or personnel department staff member is elected or appointed to office or hired may continue in his employment with the city/BLW.

E. The foregoing section shall not apply to employees of the city/BLW hired or who became related prior to February 13, 1985 (the effective date of adoption of the original relative limitation policy), but shall apply to all employees hired or who became related thereafter.

 

(Code 1978, § 4-1024-, Ord. No. 5575, 6/12/96)

 

 

 

4-4-6-050 Certification of employability.

All employees hired after November 6,1986 are required to complete an "employment eligibility verification" form within twenty-four (24) hours of their hire date and to provide documents proving both authorization to work and identity.

A. Documents providing proof of both identity and employment authorization. The following are acceptable documents to establish both identity and employment authorization:

I . U.S. Passport.

3.     Valid certificate of U.S. Citizenship.

4.     U.S. Citizen Identification Card, issued by the Immigration     and Naturalization Service.

4.   A Certificate of Naturalization.

5.   An unexpired foreign passport that contains the words "processed for 1-1551 . . ." or has attached to it a Form 1-94 authorizing current employment.

6.   An Alien Registration Card, provided it contains a photograph.

7.   An unexpired Work Permit, issued by the INS.B. Documents providing proof of employment authorization. The following documents are acceptable to establish employment authorization, but not identity:

I . A Social Security card (provided it does not say the bearer is not entitled to work in the U.S.).

2.   A certificate of birth from any state.3.   A Report of U.S. Citizen Birth Abroad.

5.     Form 1-94 with employment authorization stamp.

C.   Documents providing proof of identity. The following may be used to prove identity, but not authorization to work:

1.   An original driver's license issued by any state that either bears a photograph of the individual or contains personal identifying information which, at a minimum, includes full name, date of birth, height, weight, color of eyes and residence address.

2.  An original identity document issued by any state that either bears a photograph of the individual or contains personal identifying information which, at a minimum, includes full name, date of birth, height, weight, color of eyes, and residence address. (Code 1978, § 4-1025; Ord.No. 5575, 6/12/96)

3. 

4-4-6-060 Orientation of new employees.

 

The personnel department will complete the processing of required documents and provide a general orientation to city employment and benefit programs to all new employees including the provision of a current copy of thes6personnel rules and regulations. The hiring department is

 

 

 

 

responsible for providing specific job and safety training and orientation within the first month of employment. (Code1978, § 4-1026; Ord. No. 5575, 6/12/96)

 

4-4-6-070 Initial working test period.

A.    The working test period shall be regarded as an integral part of the selection process and shall be utilized for securing the most effective adjustment of a new employee to his position and for rejecting any employee whose performance is not satisfactory.

B.    The length of the working test period is dependent upon the nature of the work required and will normally vary from a minimum of six months to one year. The length of working test period will be delineated for each position on the benchmark description and pay plan.

C.    The personnel director may, upon request of the department head, extend the duration of the working test. An extension to the initial working test period shall be no greater than an additional six months for all classifications.

D.    At any time during the working test period, the department head may remove an employee if, in his opinion, such action is warranted in view of the employee's performance or is otherwise in the best interest of the department and/or the city. This opinion will be arrived at through consideration of factors other than the employee's political affiliation, race, color, national origin, sex, religion, age or disability. The employee serving a working test period does not have the right to administrative appeal, grievance procedures or hearing rights.

E.    Moving or other incidental expenses paid to or on behalf of a new occupant of an executive classified position shall be reimbursed to the city/BLW upon voluntary or involuntary resignation or dismissal from employment with the city/BLW during the initial working test period.(Code 1978, § 4-1027-, Ord. No. 5139, 3/10/93, § 8; Ord.No. 5377, 11/9/94; Ord. No. 5575, 6/12/96)

 

4-4-6-080 Working test period; promotions/demotions/transfers.

A.    Changes in classification as a result of a promotion, demotion or lateral transfer will also require a working test period the duration of which shall vary depending up on the occupation. Transferred, promoted or demoted employees who have satisfactorily completed an initial working test period and who have attained regular appointment status shall have grievance, appeal and hearing rights.

B .   The working test period shall be used in connection with promotional, transfer, and demotion appointments in the same manner as it is used for initial appointments.

 

 

Personnel                                      4-4-8-020

 

If an employee is removed during the working test period following a promotion, transfer, or voluntary demotion such person shall be allowed to re-employment in his former class or a similar or lower class if such position is available. A non-voluntarily demoted employee who is unwilling or unable to meet the requirements of the position will be separated from employment. (Code 1978, Sec. 4-1028,Ord. No. 5575, 6/12/96)

 

Article 4-4-8 Separation and Re-employment

4-4-8-010 Resignation.

 

Any employee wishing to leave the city's service in good standing will notify his department head in writing stating the date the employee intends to leave and the reason for leaving. The resignation shall be submitted at least fourteen (14) calendar days in advance of the date of resignation. Failure to comply with this procedure maybe cause for denying such employee future employment with the city. Vacation leave is not to be considered a part of the notice of resignation unless specifically approved by the appropriate department head. (Code 1978, § 4-104 1;Ord. No. 5575, 6/12/96)

 

4-4-8-020 Reduction in force, layoffs.

 

A.    Any involuntary separation not related to an employee's conduct or performance shall constitute a layoff or reduction in force. In the event that a reduction in force becomes necessary, the city manager will make known to council the causes necessitating the reduction in force and the positions and order identified. A public hearing will be held to give public notice of the causes necessitating the reduction in force and possible alternatives to such action.

B. A department head may recommend to the city manager an abolishment of one or more positions that requires the layoff of an employee or employees when deemed necessary for reasons of, but not limited to: shortage of work, material changes in the functions or activities of a department or division or for related reasons which are outside the department head's control. The duties of an abolished position may be reassigned to other employees already working who hold the same or similar positions. The separation from employment of a laid off employee reflects no dissatisfaction with the service of the employee.

E.    Employees on layoff or reduction in force notice are encouraged to apply for vacant positions in other areas unaffected by such actions. If qualified for the vacant

 

 

 

 

position, employees on layoff or RIF notice will be given priority in hiring for the position.

1.     Order of Layoff or Reduction in Force.

a.     Should it become necessary to reduce the number of employees within a given class, the following order shall pertain :