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1064 c~, ORDINANCE NO. I 064 (# I 3-96) AN ORDINANCE AMENDING THE CI7Y OF JACKSONVILLE PERSONNEL POLICY MANUAL; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. ---------------------------------------------- ---------------------------------------------- WHEREFORE, THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, HAS REVIEWED AND Dt:..It:..RMINED THAT SPECIFIC PROVISIONS OF THE CITY OF JACKSONVILLE PERSONNEL POLICY MANUAL ARE IN NEED OF REVISION TO SATISFY MODIFICATIONS OF EXISTING LAWS; AND, WHEREAS, THE FOLLOWING AMENDMENTS TO THE CITY OF JACKSONVILLE POLICY MANUAL REFLECT RECENT CHANGES IN STATE AND FEDERAL LAW AND WILL BETTER SERVE THE EMPLOYEES AND CITIZENS OF THE CITY OF JACKSONVILLE. NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTlON ONE: THE CITY OF JACKSONVILLE PERSONNEL POLICY MANUAL IS HEREBY AMENDED TO INCLUDE THE FOLLOWING AMENDMENTS, DELETIONS, AND REVISIONS: II. DEFINITIONS SHALL BE AMENDED TO INCLUDE THE FOLLOWING: AT-WILL EMPLOYEES: ANY PERSON EMPLOYED BY THE CITY, EXCEr-1 ELECTED OFFICIALS, SERVE AT THE WILL AND DISCRI:.IION OF CITY OFFICIALS AND SUPERVISORS, AND MAINTAIN NO PROPERTY INTEREST WHATSOEVER IN THEIR POSITION. ApPLICABILITY: THESE GUIDES, POLICIES, AND BENEFITS APPLY TO ALL AT-WILL EMPLOYEES UNDER THE AUTHORITY OF THE MAYOR. UNIFORMED EMPLOYEES ARE SUBJECT TO ALL CITY POLICIES AND PROCEDURES UNLESS A SPECIFIC EXCEPTION EXISTS UNDER STATE OR FEDERAL LAW. SOURCES: RECRUITMENT IS A QUANTITATIVE FUNCTION, WHEREAS SELEvllON IS QUALITATIVE. WHEN A JOB OPENING EXISTS, VARIOUS SOURCES WILL BE CONSIDERED. THEY INCLUDE, BUT ARE NOT LIMITED TO: I. PROMOTION FROM WITHIN THE DEPARTMENT; 2. TRANSFERS FROM OTHER DEPARTMENTS; 3. "WALK-IN" APPLICANTS; 4. ADVERTISING; 5 . MINORITY I r-<AINING CENTERS; AND, 6. REFERRALS FROM OTHER EMPLOYEES. SECTION 4. EMPLOYEE AT-WILL SHALL BE AMENDED TO INCLUDE THE FOLLOWING: ALL EMPLOYEES OF THE CITY, EXCEPT ELE'-It:..D OFFICIALS; ARE CONSIDERED TO BE AT- WILL EMPLOYEES AND SERVE AT THE WILL AND DISCRETION OF CITY OFFICIALS AND SUPERVISORS. No EMPLOYEE HAS ANY PROPERTY RIGHTS OR INTERESTS IN HIS POSITION WITH THE CITY. SECTION 5. UNIFORMED EMPLOYEES SHALL BE AMENDED TO INCLUDE THE FOLLOWING: ApPLICANTS FOR UNIFORMED EMPLOYMENT WITH THE FIRE OR POLICE DEPARTMENTS MUST TAKE AN ENTRANCE EXAMINATION ADMINISTERED BY THE CIVIL SERVICE COMMISSION, UNLESS OTHERWISE PROVIDED FOR BY LAW. SUBJECT EXAMINATIONS WILL BE CONDUCTED ON AN "AS NEEDED" BASIS IN ACCORDANCE WITH STATE LAW, AT A TIME AND PLACE DESIGNATED IN THE ANNOUNCEMENT OF THE EXAMINATION SESSION OR AT SUCH OTHER DESIGNATED TIMES AS DETERMINED BY THE CIVIL SERVICE COMMISSION. SCORES OBTAINED ON THE EXAMINATION WILL IDENTIFY THE INDIVIDUAL'S PLACEMENT ON THE ELIGIBILITY LIST FOR EACH DEPARTMENT. ELIGIBILITY REMAINS IN FORCE AND EFFECT FOR ONE ( I ) YEAR FROM TESTING, AT WHICH TIME ALL RIGHTS OF PRIORITY CEASE. ALL UNIFORMED POSITIONS ARE FILLED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE CIVIL SERVICE COMMISSION AND ARKANSAS STATE LAW. SE'-IION 10. RECORDING HOURS WORKED SHALL BE AMENDED TO INCLUDE THE FOLLOWING: tD ORDINANCE No. 1064 (# I 3-96) AUGUST /S'-f"h, I 996 PAGE Two ALL EXEMr-1 EMPLOYEES WITHIN EACH DEPAM.IJV1ENT WILL SUBMIT AN ExEMr-1 TIME SHEET EACH MONDAY BEFORE 9:00 A.M. SECTION I I. ANNUAL LEAVE SHALL BE AMENDED TO INCLUDE THE FOLLOWING: ANNUAL LEAVE SHOULD BE SUBMII I ED A MINIMUM OF TEN (I 0) WORKING DAYS IN ADVANCE TO BE APPROVED BY DEPARTMENT HEADS OF SUPERVISORS FOR PROPER WORK SCHEDULING/PLANNING. SECTION 12. SICK LEAVE SHALL BE AMENDED TO INCLUDE THE FOLLOWING: GENERAL PROVISIONS: SICK LEAVE ACCUMULATION WILL BEGIN FOR ALL EMPLOYEES, UNIFORMED AND NON-UNIFORMED, At" It:.R THE EMPLOYEE HAS BEEN EMPLOYED WITH THE CITY FOR SIX (6) CONSECUTIVE MONTHS. SECTION I 4. MEDICAL LEAVE OF ABSENCE SHALL BE AMENDED TO OMIT THE FOLLOWING SENTENCE: "THE CHAIRMAN SHALL VOTE ONLY IN THE EVENT OF A TIE" . SECTION I 8. JURY DlJTY SHALL BE ADDED AS FOLLOWS: THE CITY OF JACKSONVILLE RECOGNIZED THE CIVIC RESPONSIBILITIES OF OUR EMPLOYEES AND WILL GRANT PAID LEAVE TO ALL FULL-TIME EMPLOYEES TO SERVE JURY DUTY WHEN SELECTED OR TO RESPOND TO A SUBPOENA. EMPLOYEES SHALL RECEIVE THEIR REGULAR RATE OF PAY DURING A PERIOD OF JURY DUTY/SUBPOENA ON THE CONDITION THEY RELINQUISH THE COMPENSATION RECEIVED FROM THE COURT OR ATTORNEY TO THE CITY FINANCE DEPARTMENT SO AS TO PREVENT DUPLICATION OF PAY DURING THIS PERIOD. THE POLICY OF PAID LEAVE DOES NOT APPLY TO EMPLOYEES WHO INITIAIt:. COURT PROCEEDINGS ON THEIR OWN BEHALF. SECTION 2 I. rumoN REIMBURSEMENT PROGRAM SHALL BE ADDED AS FOLLOWS: THIS PROGRAM WAS DEVELOPED FOR THOSE INDIVIDUALS WHO ARE SEEKING UNDERGRADUATE DEGREES. ONE-TIME COURSES, ETC. , SHOULD BE FINANCED THROUGH THE DEPARTMENT'S I M.AINING FUNDS. EMPLOYEES WHO ARE RECEIVING GRANT MONEY, HAVE RECEIVED A SCHOLARSHIP, OR ARE RECEIVING ANY ulMER TYPE OF FINANCIAL ASSISTANCE WILL QUALIFY FOR REIMBURSEMENT THROUGH THIS PROGRAM ONLY FOR THE PART OF THEIR TUITION WHICH HAS NOT BEEN PAID BY THEIR GRANT, SCHOLARSHIP, ETC. REQUIREMENTS: I . MUST BE A CONTINUOUS FULL-TIME EMPLOYEE OF THE CITY OF JACKSONVILLE FOR A MINIMUM OF ONE ( I ) YEAR. 2. PARTICIPATION SHALL BE RESTRICTED TO OFF DUTY HOURS AND IS NOT TO INTERFERE WITH THE NORMAL PERFORMANCE OF THE EMPLOYEE'S DUTIES. THERE SHALL BE NO HOME STUDY ASSIGNMENTS PERMII I ED DURING WORKING HOURS. 3. COURSES SHALL BE STRICTLY LIMITED TO THOSE THAT LEAD TO IMPROVEMENT IN JOB PERFORMANCE AS DETERMINED BY THE PERSONNEL OFFICE WITH FINAL APPROVAL BY THE MAYOR. COURSE ENROLLMENT SHALL BE LIMITED TO ACCREDITED INSTITUTIONS ONLY. 4. ExPENSES PAID BY THE CITY SHALL INCLUDE rumoN ONLY. REIMBURSEMENT WILL BE BASED ON THE FOLLOWING SCALE: I 000/0 TUITION REIMBURSEMENT FOR LETTER GRADE A 750/0 TUITION REIMBURSEMENT FOR LETTER GRADE B 500/0 TUITION REIMBURSEMENT FOR LETTER GRADE C IT IS THE RESPONSIBILITY OF THE PARTICIPATING EMPLOYEE TO PROVIDE THE CITY WITH RECEIPTS OF TUITION EXPENSES INCURRED WHEN APPLYING FOR TUITION REIMBURSEMENT. 5. PARTICIPATION IN THE TUITION REIMBURSEMENT PROGRAM WILL EXTEND THE INDIVIDUAL'S EMPLOYMENT OBLIGATION ONE ( I ) YEAR FOLLOWING THE COMPLETION OF THE LAST COURSE. REIMBURSEMENT OF EXPENSES PAID BY THE CITY WILL BE REQUIRED IN THE EVENT THE PARTICIPANT'S EMPLOYMENT IS TERMINATED, VOLUNTARILY OR INVOLUNTARILY, WITHIN THE ONE (I) YEAR PERIOD OUTLINED ABOVE. ~ \ ORDINANCE No. 1064 (# I 3-96) AUGUST /ciJ-Ih, I 996 PAGE THREE 6. REIMBURSEMENT BY THE CITY WILL BE MADE WHEN THE PARTICIPANT PROVIDES AN OFFICIAL I r-<ANSCRIr- I OR GRADE REPORT TO THE PERSONNEL OFFICE SHOWING THE FINAL GRADE AND CREDITS EARNED. SECTION 22. EDUCATION INCENTIVE PAY PROGRAM SHALL BE ADDED AS FOLLOWS: UPON GRADUATION FROM AN ACCREDITED INSTITUTION WITH AN ASSOCIAIt:.'S DEGREE, BACHELOR'S DEGREE, OR MAsTER'S DEGREE, A FULL-TIME EMPLOYEE WILL BECOME ELIGIBLE FOR THE CITY OF ~ACKSONVILLE'S EDUCATION INCENTIVE PAY PROGRAM. THE INCENllVE PAY WILL BE CALCULATED BASED ON THE HIGHEST EARNED DEGREE AND WILL BE PAID AS FOLLOWS: * $300.00 PER YEAR FOR AN ASSOCIAIt:.'S DEGREE * $600.00 PER YEAR FOR A BACHELOR'S DEGREE * $900.00 PER YEAR FOR A MASTER'S DEGREE FOR A FULL-TIME EMPLOYEE TO QUALIFY, HE/SHE MUST SUBMIT TO PERSONNEL AN ORIGINAL COPY OF THEIR DIPLOMA OR OFFICIAL NOllFICATION OF THEIR GRADUATION AND DEGREE EARNED FROM THEIR COLLEGE OR UNIVERSITY. SECTION 36. REHIRING SHALL BE AMENDED BY DELETING THE FOLLOWING SENTENCE: THESE EXAMS ARE ADMINISTERED THE FIRST MONDAY OF APRIL AND OCTOBER, OR SOME OTHER llME DESIGNATED BY THE CIVIL SERVICE COMMISSION. SAID REQUIREMENT MAY BE WAIVED BY A MA'-'ORITY VOTE F THE CIVIL SERVICE COMMISSION UPON REQUEST OF THE DEPARTMENT'S RESPECTIVE CHIEF. SECllON 38. GRIEVANCE PROCEDURES FOR EMPLOYEES SHALL BE AMENDED TO ADD THE FOLLOWING SENTENCE: UNLESS THEY HAVE NOT COMPLETED THEIR ONE ( I) YEAR PROBATION PERIOD. IF THE UNIFORMED EMPLOYEE HAS NOT BEEN CERTIFIED, THEN THEY WILL UTILIZE THE GRIEVANCE PROCEDURE FOR NON-UNIFORMED EMPLOYEES. SE~1I0N 39. DISCIPLINARY ACTION FOR EMPLOYEES SHALL BE AMENDED TO INCLUDE THE FOLLOWING: FAILURE IN PERSONAL CONDUCT: 8. VIOLENCE OR CONDUCT THAT CAN LEAD TO VIOLENCE IN THE WORKPLACE OR ON CITY PROPERTY; AND/OR ANY EMPLOYEE WHO HAS BEEN DISCIPLINED CAN APPEAL THE ACTION TAKEN BY PRESENTING THE MAYOR WITH A WRITTEN REQUEST FOR REVIEW WITHIN TEN ( I 0) WORKING DAYS . UNIFORMED EMPLOYEES ARE SUB'-'ECT TO ALL CITY POLICIES AND PROCEDURES UNLESS A SPECIFIC EXCEPTION EXISTS UNDER STATE OR FEDERAL LAW. SECTION 4 I. RESIGNATIONS SHALL BE AMENDED TO INCLUDE THE FOLLOWING: 2. FILL OUT ExiT STATEMENT AND HAVE EMPLOYEE SIGN; SECTION 47. INCLEMENT WEATHER/DISAS I t.R SHALL BE AMENDED TO INCLUDE THE FOLLOWING: DEPARTMENT HEADS SHOULD CONTACT THE MAYOR'S OFFICE AS SOON AS POSSIBLE WHEN CURRENT WEATHER CONDITIONS OR AN INCIDENT MIGHT AFFECT THE WORK/SAFETY OF THEIR EMPLOYEES. THIS WILL ALLOW ALL EMPLOYEES TO FOLLOW UNIFIED INSTRUCTIONS AND INSURE NEEDED STAFF IS AVAILABLE TO RESPOND TO ANY CONDITIONS WHICH RESULT FROM INCLEMENT WEATHER OR DISASTER. SECTION 53. WORKPLACE VIOLENCE SHALL BE ADDED AS FOLLOWS: VIOLENCE OR CONDUCT THAT CAN LEAD TO VIOLENCE IS STRICTLY PROHIBITED IN THE WORKPLACE AND ON CITY PROPERTY. IN KEEPING WITH THIS POLICY, THE FOLLOWING RULES WILL BE STRICTLY ENFORCED: \~ ORDINANCE No. 1064 (# I 3-96) AUGUST lq~ , I 996 PAGE FOUR I. WEAPONS OF ANY TYPE ARE FORBIDDEN IN THE WORKPLACE AND ON CITY PROPERTY. 2. VIOLENT ACTS OR THREATS OF VIOLENT ACTS, FIGHTING, PRANKS, OR HORSEPLAY ARE FORBIDDEN IN THE WORKPLACE AND ON CITY PROPERTY. 3. THEFT FROM THE CITY OF JACKSONVILLE, CO-WORKERS, OR CITIZENS IS STRICTLY FORBIDDEN. 4. ALL CITY OF JACKSONVILLE EMPLOYEES ARE REQUIRED TO TREAT FELLOW EMPLOYEES, CITIZENS, AND CITY OFFICIALS WITH COURTESY AND RESPECT. VIOLATION OF ANY OF THESE RULES WILL RESULT IN DISCIPLINARY ACTION UP TO AND INCLUDING IMMEDIAII:. TERMINATION. SECTION 55. ELEl;It<ONIC MAIL (E-MAIL) ALL CITY OF JACKSONVILLE OFFICES WHICH HAVE THE CAPABILITY OF SENDING E-MAIL SHALL COMPLY WITH THE FOLLOWING: I . ALL DATA, COMMUNICATIONS, AND INFORMATION, INCLUDING INFORMATION TRANSMITTED OR STORED ON THE SYSTEM, IS EMPLOYER PROPERTY SUBuECT TO INSPECTION AND/OR MONITORING AT ANY TIME. THE ELECIt~ONIC SYSII:.MS ARE OWNED BY THE EMPLOYER AND ARE TO BE USED ONLY IU TRANSACT EMPLOYER BUSINESS. THEY ARE NOT THE PERSONAL PROPERTY OF EMPLOYEES (EVEN THOUGH EMPLOYEES MAY HAVE A PERSONAL CODE TO ENTER SUCH SYSTEMS) AND SHOULD NOT BE USED FOR PERSONAL" BUSINESS." 2 . THE EMPLOYER RETAINS THE RIGHT TO ACCESS, EXAMINE, OR DISCLOSE ANY MATERIAL II"'(ANSMITTED OR STORED ON ITS SYSTEMS, INCLUDING E-MAIL SENT OR RECEIVED. THE EMPLOYER RESERVES THE RIGHT TO MONITOR USE OF SUCH SYSTEMS AND TO INSPECT INFORMATION CONTAINED IN THEM, WITH OR WITHOUT NOTICE, EVEN WHEN DATA IS STORED UNDER THE EMPLOYEE'S PERSONAL CODE. 3 . OFFENSIVE MESSAGES, SUCH AS RACIAL OR SEXUAL SLURS, ARE PROHIBITED. EMPLOYER POLICIES PROHIBITING OFFENSIVE, INTIMIDATING, OR HARASSING MATERIALS IN THE WORKPLACE APPLY WITH EQUAL FORCE TO MATERIAL COMMUNICATED THROUGH, OR STORED ON, SUCH ELECTRONIC SYSTEMS. 4. SOLICITATION FOR OUTSIDE BUSINESS VENTURES AND POLITICAL, RELIGIOUS, OR CHARITABLE CAUSES IS PROHIBITED. 5. EMPLOYEES ARE PROHIBITED FROM USING OTHER EMPLOYEES' PASSWORDS TO GAIN ACCESS TO FELLOW EMPLOYEES' FILES. 6. E-MAIL IS TO BE USED IN A BUSINESS-LIKE MANNER AT ALL TIMES, AND MISUSE MAY RESULT IN DISCIPLINE, UP TO AND INCLUDING TERMINATION. FURTHER, A VIOLATION OF THE EMPLOYER'S E-MAIL POLICY OR ANY OTHER ABUSE OF THE EMPLOYER'S E-MAIL NETWORK WILL RESULT IN DISCIPLINARY ACTION, UP TO AND INCLUDING TERMINATION. SECTION 5 7. AFFIRMATIVE ACTION PROGRAM SHALL BE AMENDED BY DELETING THE FOLLOWING SENTENCE: WE EXPECT EACH DEPAI"'( I I'IIENT HEAD TO REVIEW, QUAt( II:.RL Y, HIS PRESENT PERSONNEL POLICIES AND PRACTICES TO ASSURE THAT EQUAL OPPORTUNITY IS BEING ACTIVELY IMPLEMENTED AND THAT NO EMPLOYEE OR APPLICANT FOR EMPLOYMENT SHALL SUFFER ANY FORM OF DISCRIMINATION BECAUSE OF AGE, RACE, CREED, COLOR, SEX, OR NATIONAL ORIGIN. '3 ORDINANCE No. 1064 <# I 3-96 AUGUST I S+t-~ I 996 PAGE FIVE SECTION 58. DRUG-FREE WORKPLACE SHALL BE AMENDED TO INCLUDE THE FOLLOWING: DEFINITION. CONTROLLED SUBSTANCE IS AS DEFINED BY THE FEDERAL CONTROLLED SUBSTANCE ACT, OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF I 99 I , OR SIMILAR STATE STATUTES. PROCEDURE SHALL BE AMENDED AS FOLLOWS: IF A CrTY DEPAn I MENT HEAD OR SUPERVISOR HAS REASONABLE SUSPICION THAT AN EMPLOYEE, AT WORK OR WHEN REPORTING TO WORK, APPEARS TO BE UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE OR AN ALCOHOLIC BEVERAGE AND THEREFORE APPEARS TO BE IMPAIRED AND UNFIT FOR DUTY, THE EMPLOYEE WILL BE REQUIRED TO CONSENT TO A DRUG/ALCOHOL TEST. THE PENALTY FOR REFUSAL TO TAKE A MANDATED TEST FOR DRUGS OR ALCOHOL IS IMMEDIATE DISCHARGE. SECT70N 7WO: ALL ORDINANCES OR PAl"'(lti OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT. SEC770N THREE: BECAUSE THE PASSAGE OF THIS ORDINANCE IS NECESSARY FOR PUBLIC HEALTH, PEACE, AND SAFl:..lf OF THE CITIZENS OF JACKSONVILLE, AN EMERGENCY IS HEREBY DECLARED. THUS THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY UPON PASSAGE. APPROVED AND ADO~It.D THIS /$'~ DAY OF AUGUST, 1996. All t.S.f: I 0 Q I ~ ~ ~t ~.-vLJ (Lc. ~~'\..; TOMMY SWAIM, MAYOR (~~. ~..~4J LULA M. LEONARD, CnY CLERK ,,,,...1 AP/~~~ AS TO FO~ / ~ ( .