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1042 11- ORDINANCE: .N{);, 1042 (#6-95') AN ORDINANCE AHENDJ'NG THE POLICY MANUAL; DECLARING PURPOSES. CITY OF JAC:K"SONVJLLE P.1!;RS()N.I:.lE'aL AN EMERG~-WCY ; AND, FOR OTll'ER _~~,_~____________~_~____w~...~.~~ ~._~_~__~ ______ _~~__~_~~__ ~~~~~~___~_~__________~__.__A~ ~____~ ~_~_~~ ~ ~__~~__~~ _ WHEREAS, the City Council of the City of Jacksonville, Arkansas, has reviewed and determined that certain existing provisions of the City of Jacksonville Personnel Policy Manual are in need of revision to satisfy changes in existing laws; andJ WHEREAS, the following amendments to the City of Jacksonvi 11 e Po 1 icy Manua 1 ref 1 ect recent cha11ges in St.a t e and Federal law and will better serve the employees and citizens of the City of Jacksonville. NOW, THEREFORE, BE I'l' ORDAINED BY 'l'HE CITY COUNCIL OF THE CITY OJ? JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: The City of Jacksonville Personnel Manual is hereby amended to include the following amendments, deletions, and revisions: A. Article XII shall be amended to include the following: XII.. SICK LEAVE General. Provision.s_= Sick lea\Te accurnulation will beg'irl for all eluployeesj uniformed and nOIl.....uniformed, after the employee has been employed with the City for six (6) consecutive months. BQ Article XIII shall be amended to include the following: XIII. FAMILY AND MEDICAL LEAVE ACT. Eligible employees are entitled up to a total of twelve (12) work weeks of UNPAID leave during a twelve (12) month period as established by the City of Jacksonville8 The City's policy is measured as follows: The twelve (12) month period is rneasllred from t11f; date that the employee's first FML,A leave begins. The City will require the employee to use any accrued vacation, personal leave, sick leave, or other paid leave for all or part of the twelve (12) week FMLA period. After all accrued paid leave has been exhausted, the remainder of the FMLA leave will be unpaid. c~ Article XXXII shall be amended to include the following: XXXII~ TRANSFERS AND REASSIGNMENTS. When a vacancy occurs in any department, other than Fire and Police, a11Y employee i11 allY de:partrne11t lIas t:he option. of requesting a transfer to fill the vacancy. W11en. a Ci ty employee is COIlsideri11g t.he :possil)i 1 i t.y transfer frarn one :position or departmerlt to a11otl1er I should review tlleir positiol1 and circumstances with Department Head.. of a, t11ey tllei r- Tran.sfers must r>e rnutually ben,eficial to tlle ern:ployee a11t1 tl-.te City of Jack.sanville. Any requests to move from a I)ositio11 with a higher salary group to a position with a lower salary group, while retai11ir19 t:he Cl1rrerlt arlr:ttla1 salary, vJill discOtlraged. ~ 1.1" Ordinance No. 1042 (#6-95) Apri 1 (p-fh / 1995 Page Two If the employee receives approval for a transfer, there will be no loss of accrued benefits for the employee. Tra11sfers from the City of Jacksorlville's Water and Wastewater Departments will not be considered a transfer from one City Department to another City department, for there is no coordination between Water and Wastewater and the City for salary scales and benefit programs. No uniformed person in the Fire or Police Department shall be transferred from one department to another. D. Article XXXIV shall be amended to include the following: XXXIV. JOB POSTING Wh,eIl all openir19, promotioIl o:pport-u11ity, or a. newly creat.ed position becomes available, the City administration will reVielt\f c'urrerlt employees al1d attempt to fill t:he position, with existing personnel. These trarlsfers a.nd prornotions rnl1st be rnut'ually ben.eficial and allow the City to pursue established policies and practices, such as Affirmative Action (see page 33)~ Trlese inter'~~dE~partrnental and int.ra-departrnental moves slla, 1 1 be made wi tll0U,t regard t.o 1 e11gth of empl oymellt. Or11 y those rare circumstances where two employees are equally qualified will tenure become a factor for consideration. If management determines that employees within the department or elsewhere do not appear to meet the job requirements, the City will follow established recruitment policy, to include; but not be limited to, the following steps: 1. Newspaper advertisements; 2. Posting of job notices; 3. Notification of various agencies and institutions; a11d/ or I 4. Recrui tm,ent trips.. All City employees who believe they are qualified for a posi tiorl whic:h lias been posted are en,couraged to subIni tall ap:plicatiorljreS\llne" An.y employee v.lho does so will receive full consideration during the screening and hiring process. Wh,ile every effort will be made to prornote fraIn witlli11, irl the final analysis, the City at all times reserves the right to transfer or hire the person they deem to be best suited to t11e positioIl. E6 Article XXXVI should be amended to include the following: XXXVI. DISCIPLINARY ACTION FOR EMPLOYEES Fai 1 ur~. in Pe.!"_iQ];_ma11_g~~ of. Q1rti~..: First Offerlse A vE~rJ)al warning, witll a follo\Il]-"up Utemo, shall be given employee from the Department Head s TIl.e warrlirlg and rnemo shall set fortI1 the points covered during the verbal discussion so as to fully inform the employee of the policies violat or involved~ 1(P Ordinance No. 1042 (#6-95) April ~~, 1995 Page Three 8 . Fai 1 ure to G Olldi t i OIlS otherwise. follow' ch,ain of or eluergerlCY comrnal1d unl ess COll(l:L tions s!)eci a 1 dictate The Mayor, his designated agent, and/or Department Head may take disciplinary action against an employee when the actions of an employee warrants such. The action may be in the form of a verbal warning, written reprimand, suspension from one (1) to twellty (20) workillg days wi t110tlt pay J or d,isnlissal from City employment, depending on the gravity of the offense and/or number of previous warnings given. F. Article XXXVII shall be amended to include the following: XXXVII~ DISMISSALS AND TERMINATIONS of all actions involved in termination, the dismissal decisio11 is the lnost crit.ical. From time to time, an offense of such serious nature will occur that dismissal is the only acceptable a11d imrnediately needed course of actioIl. T11ese irlcll1de, but are 110t lilTlited, to, t11eft of pro:pertYJ refu.sal to carry out reasonable instructions, fighting, being under the influence of a drug and/or alcohol while on duty and/or reporting for duty, etc. In such instances, the Department Head, the Person11el Man,ager I ar:td/or appropr:iate su:pervisors will discuss the offense and agree on any necessary dismissal actiorl. SECTION TWO: All Ordirlances or :parts of Ordina.llCf~S in conflict herewith are hereby repealed to the extent of said COllflict. SECTION THREE: Because the passage of this Ordinance is necessary for public health, peace, and safety of the citizens of JackSOrl\lillef a:n ernergerlCY is 11ereby d.t'=clclred. Thus this Ordinance shall be in full force and effect immediately upon passage. APPROVED AND ADOPTED THIS ?-!!' DAY OF APRIL, 1995. I O-"fV\. ~AA... , TOMMY SWAIM,-- ATTEST: ~...~. ~~ LUL~M. LEONARD, C TY CLERK I "--...