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Legislation #: 070480 Introduction Date: 4/19/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Article VIII of the Administrative Code of Kansas City, Missouri, by repealing Sections 2-364, 2-365, 2-366, 2-367, 2-368, 2-369, 2-971.1, 2-1092, 2-1098, 2-1099, 2-1100, 2-1101, 2-1102, 2-1103, 2-1104, 2-1105, 2-1112, and 2-1118 and enacting in lieu thereof new sections of like numbers.

Legislation History
DateMinutesDescription
4/18/2007 Filed by the Clerk's office
4/19/2007 Referred to Finance and Audit Committee
4/25/2007 Advance and Do Pass, Debate
4/26/2007 Passed

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ORDINANCE NO. 070480

 

Amending Article VIII of the Administrative Code of Kansas City, Missouri, by repealing Sections 2-364, 2-365, 2-366, 2-367, 2-368, 2-369, 2-971.1, 2-1092, 2-1098, 2-1099, 2-1100, 2-1101, 2-1102, 2-1103, 2-1104, 2-1105, 2-1112, and 2-1118 and enacting in lieu thereof new sections of like numbers.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Article VIII of the Administrative Code of Kansas City, Missouri, by repealing Sections 2-364, 2-365, 2-366, 2-367, 2-368, 2-369, 2-971.1, 2-1092, 2-1098, 2-1099, 2-1100, 2-1101, 2-1102, 2-1103, 2-1104, 2-1105, 2-1112, and 2-1118 and enacting in lieu thereof new sections of like numbers, to read as follows:

 

Sec. 2-364. Equal opportunity of employment and anti-harassment policies.

 

(a)   It shall be the policy of the city that all persons regardless of race, religion, color, ancestry, sex, national origin, age (over 40), disability, or sexual orientation shall have an equal opportunity of employment including: recruitment, hiring, training, benefits, transfers, layoffs, demotions, terminations, compensation, and any other terms or conditions of employment.

 

(b) It shall be the policy of the city that discrimination directed at or harassment of employees based on race, religion, color, ancestry, sex, national origin, age (over 40), disability, or sexual orientation will not be tolerated in the workplace and is hereby prohibited. The director of human resources shall maintain a policy against such discrimination and harassment, including where such conduct may be reported.

 

(c)   It shall be the policy of the city that inappropriate sexual conduct directed at or sexual harassment of employees will not be tolerated in the city workplace and is hereby prohibited. The director of human resources shall maintain a policy against sexual harassment and inappropriate sexual conduct, including where such conduct may be reported.

 

(d)   The city shall establish, maintain, carry out and evaluate a continuing equal employment opportunity/diversity program designed to promote equal opportunity for minorities and women in their recruitment, employment, development, advancement and treatment.

 

(e)   All city employees shall be notified of the citys equal opportunity/diversity program and sexual harassment policy.

 

(f)   Retaliation against any person because he or she has made a report, testified, assisted or participated in any manner in an investigation under this policy or opposed any practice prohibited by these policies will not be tolerated in the city workplace and is hereby prohibited.


Sec. 2-365. Equal employment opportunity/diversity program.

 

(a)   An equal employment opportunity/diversity program is a set of specific results-oriented procedures to which all city departments must make a good faith effort to develop and promote equal employment opportunities. An equal employment opportunity/diversity program must include an analysis of areas wherein the city has a manifest imbalance in the hiring, promotion and other terms or conditions of employment of members of minority groups and women in traditionally segregated job categories. The city must develop policies and procedures to correct any manifest imbalance and materially increase the opportunities for minorities and women at all levels of city employment where there exists a manifest imbalance. The city must identify and analyze any problems that are impediments to minorities and women.

 

(b)   The city shall include at least the following in its equal employment opportunity/diversity program:

 

(1)    A statistical evaluation by department by job category of the city's workforce representation by race, ethnicity and gender.

 

(2)    A comparison of the city's workforce by job category to the area labor market to determine the availability of women and minorities for all job categories.

 

(3)    Determination of any manifest imbalance of women and/or minorities by job category.

 

(4)    Identification and elimination of the specific causes of such manifest imbalance.

 

(5)    Identification and elimination of all employment practices which tend to have an adverse impact on any population group protected by applicable law.

 

(6)    Development and recruitment of qualified minority and women applicants to eliminate any manifest imbalance of these protected groups.

 

(7)    Identification of any traditionally segregated job categories where a manifest imbalance exists with regard to race or sex or ethnicity and allowing the use of race, ethnicity or sex as one factor which may be considered positively when selecting among qualified applicants for a position in a job category with a manifest imbalance.

 

(8)    Such support data for the above analysis and program, and maintain as part of the city's equal employment opportunity/diversity program (e.g., applicant flow data for all new hires by race, ethnicity and gender; application ratios by race, ethnicity and gender, etc.).

 

(9)    Methodologies for infusing respect for diversity principles in the city workforce.


Sec. 2-366. Responsibility for equal employment opportunity/diversity program.

 

The division of equal employment opportunity/diversity will be responsible for the development and administration of a comprehensive equal employment opportunity/diversity program. This division shall be responsible for the following functions:

 

(1)    Encourage and promote programs for women and members of minority groups that involve them at all levels of city employment.

 

(2)    Formulate the city equal employment opportunity/diversity program, procedures and problem identification for each department. In this regard, the division will work with the department director or his/her designee to establish individual department policy.

 

(3)    Design and implement monitoring and reporting systems to measure the effectiveness of the city's equal employment opportunity/diversity program.

 

(4)    Design and implement a system internally to mediate and/or resolve employee complaints of allegations of discriminatory treatment.

 

(5)    Attempt to insure that all persons are accorded equal employment opportunities by city departments.

 

(6)    Develop programs and policies that create an atmosphere in city government that values diversity and equal treatment regardless of race, religion, color, ancestry, sex, national origin, age (over 40), disability or sexual orientation.

 

(7)    Accumulate and evaluate data from all departments to attempt to insure appropriate employment opportunities for minorities and women in all job classifications of the city.

 

(8)    Mediate/conciliate employee complaints of discrimination, harassment or inappropriate sexual conduct filed under section 2-367 of this article.

 


Sec. 2-367. Complaints.

 

(a)   The division of equal employment opportunity/diversity will oversee and keep records on the enforcement of the city's harassment policies.

 

(b)   Any employee who alleges that he or she is being treated differently than other employees because of his or her race, sex, religion, national origin or ancestry, disability, sexual orientation or age, or who alleges that another person has violated the city's harassment policies may file a written complaint with the division of equal employment opportunity/diversity on forms provided by the division which shall set forth the particulars thereof and any such other information that may be required by the EEO division.

 

(c)   Employees are urged to promptly report violations of the city's harassment policies. Complaints of discrimination and harassment shall be filed no later than 180 days from the last act of discrimination or harassment. Any supervisory employee who receives a complaint of discrimination or harassment; or who observes or otherwise becomes aware of any such conduct shall promptly report it to the EEO division.

 

(d)   During the period beginning with the filing of such complaint, the division of equal opportunity/diversity may recommend conciliation/mediation to seek to resolve the complaint.

 

(e)   Investigations of complaints of discrimination, harassment or inappropriate sexual conduct. Upon receiving a complaint or report of discrimination, harassment or inappropriate sexual conduct, the EEO division shall immediately take whatever action is necessary to protect the person making the complaint from any harassment or retaliation and to end any harassing conduct that may be ongoing. The EEO division will conduct an initial inquiry into the complaint to determine if the complaint warrants further investigation. If further investigation is required, the EEO division will investigate the complaint or assist the department from which the complaint came to investigate the complaint, if appropriate. If it is found that a violation of the harassment policies has occurred, the EEO division will recommend corrective or disciplinary action to the department director to end or to prevent the recurrence of any harassment. The department director shall not enact corrective or disciplinary measures that would conflict with the EEO division recommendation without city manager approval.

 

(f)   Complaints to outside agencies. City employees may also make any complaints of discrimination and harassment to the Equal Employment Opportunity Commission or the Missouri Commission on Human Rights in accordance with the procedures and limitations applicable to those agencies. In the event an employee files a complaint alleging the same discriminatory act or practice with an outside agency, the EEO division shall continue its investigation.

 


Sec. 2-368. Equal employment opportunity/diversity program implementation.

 

The city manager has ultimate responsibility for providing equal employment opportunity in the city and causing each department to make a good faith effort to achieve the intent of the city equal employment opportunity/diversity program. Upon establishment of an equal employment opportunity program each department director shall work to implement the program within their respective department by establishing performance objectives and measures. Each department director, manager and supervisor, as part of his or her annual evaluation, shall be reviewed concerning the implementation of the city equal employment opportunity/diversity program. In the event a deficiency is found, the human resources director or his or her designee will work with the director to identify prohibiting factors and offer any assistance necessary to successfully implement this program.


Sec. 2-369. Advisory committee.

 

(a)   The city manager will annually designate an advisory committee to work with the division of equal employment opportunity/diversity to monitor the development of the city equal employment opportunity/diversity program. The committee will be composed of seven members as follows:

 

(1)    City manager or designee;

 

(2)    Director of human resources;

 

(3)    Manager of EEO/Diversity;

 

(4)    Directors of four other departments to be rotated annually.

 

(b)   The committee will meet at least semi-annually to review reports created by the division of equal employment opportunity/diversity concerning the implementation of the city equal employment opportunity/diversity program. The committee shall recommend certain corrective steps that need to be taken as a result of the quarterly reports.

 

(c)   The committee will meet with the city manager as needed but no less than twice annually, to approve the next fiscal year equal employment opportunity/diversity program.

 

Secs. 2-370--2-390. Reserved.

 

Section 2-971.1 Delegation of Authority

 

For purposes of approving certain employment actions, ordinance references to department head or division head shall be interpreted to include any authorized designee.

 

Sec. 2-1092. Temporary assignment to higher classification.

 

Any employee assigned temporarily to work in a regular position in a class with a higher maximum salary than his own shall be compensated as follows:

 

(1)    Employees considered non-exempt under the Fair Labor Standards Act (FLSA) shall be compensated at the minimum rate established for the higher class or five percent, whichever is greater, for work performed for one workweek or in the higher class.

 

Employees exempt under FLSA who are assigned to pay grade ME-H or below shall be compensated at the minimum rate established for the higher class or five percent, whichever is greater, for each two-week work period or more of work performed in the higher class.

 

The following conditions must be met to receive differential pay:

 

a.    Any vacant position that requires an employee or employees to work in a higher classification for more than eight weeks will require review and approval by the human resources director. Where practicable, approval should be received prior to the commencement of the assignment.

 

b.    Where more than one employee is qualified to perform the work of the higher classification, the city strongly encourages the appointing authority to rotate the assignment among all employees considered eligible, where feasible.

 

c.    The employee who is temporarily assigned to serve and actually serves in a higher level position must be fully qualified to perform and must actually perform the full range of duties of the higher level position in order to be eligible for the additional compensation provided for in this subsection.

 

d.    No employee shall be assigned to a higher level position entitling the employee to differential pay without the prior approval of the department director or designee.

 

e.    In order for an employee to receive additional compensation, an appropriate higher level position must be vacant in the work unit, and the employee must meet the minimum qualifications for the higher level position.

 

(2)    Employees allocated to classes covered by the provisions of the memorandum of understanding between the city and Local 500-American Federation of State, County and Municipal Employees shall be compensated in accordance with the provisions of the memorandum of understanding in effect.

 

(3)    Employees allocated to classes covered by the provisions of the memorandum of understanding between the city and Local 42-International Association of Fire Fighters shall be compensated in accordance with the provisions of the memorandum of understanding in effect.

 

(4)    Employee allocated to classes covered by the provisions of the memorandum of understanding agreement between the city and Local 3808-International Association of Fire Fighters shall be compensated in accordance with the provisions of the memorandum of understanding in effect.

 

Sec. 2-1098. Holidays.

 

(a)   Generally.  Employees shall observe and receive their regular compensation for the following holidays: 

 

(1)    New Year's Day, January 1.

 

(2)    Martin Luther King's Birthday observance, the third Monday in January.

 

(3)    George Washington's Birthday observance, the third Monday in February.

 

(4)    Memorial Day, the last Monday in May.

 

(5)    Independence Day, July 4.

 

(6)    Labor Day, the first Monday in September.

 

(7)    Armistice Day, November 11.

 

(8)    Thanksgiving Day, the fourth Thursday in November.

 

(9)    Day after Thanksgiving, the fourth Friday in November.

 

(10)    Christmas Day, December 25.

 

When a holiday occurs on a Saturday, it shall be observed on the preceding Friday. When the holiday occurs on Sunday, it will be observed on the following Monday. Employees required to work on a holiday shall be given compensatory time off or compensated in money, for the time worked on the holiday. Employees who are scheduled to work the day before or the day after a holiday, or who are scheduled to work on a holiday, but fail to appear to work, without approval shall forfeit their holiday pay

 

(b)   Field battalion and deputy fire chiefs.  Field battalion and deputy fire chiefs shall receive ten hours of holiday pay during the pay period in which the holiday occurs. 

 

(c)   Local 500-AFSCME.  Employees allocated to classes covered by the provisions of the work agreement between the city and Local 500-American Federation of State, County and Municipal Employees shall observe and be compensated for holidays in accordance with the provisions of the work agreement in effect. 

 

(d)   Local 42-IAFF.  Employees allocated to classes covered by the provisions of the work agreement between the city and Local 42-International Association of Fire Fighters shall observe and be compensated for holidays in accordance with the provisions of the work agreement in effect. 

 

(e)   Religious holidays.  A regular employee who wishes to observe a religious holiday which is not an official city holiday as set out in this section may take leave not to exceed three days. This leave shall be charged to one of the following in the order listed: 

 

(1)    Current vacation leave.

 

(2)   Leave without pay.

 

Sec. 2-1099. Vacation leave.

 

(a)   Generally.   

 

(1)    Amount.   

 

a.    Vacation leave for all full-time regular employees in the classified or unclassified service, except employees specifically covered elsewhere in this section, allocated to classes within the managerial, professional, supervisory or confidential group shall receive vacation leave annually as follows:

 

  After 6 months of service   

1 calendar week   

After 1 year of service   

2 calendar weeks   

After 5 years of service   

3 calendar weeks   

After 10 years of service   

3 calendar weeks and 2 days   

After 15 years of service   

4 calendar weeks   

 

b.    Employees in a department director, assistant city manager III, city clerk or city auditor classification shall receive vacation leave annually as follows:

 

  After 6 months of service   

3 calendar weeks   

After 5 years of service   

4 calendar weeks   

After 10 years of service   

5 calendar weeks and 2 days   

After 15 years of service   

6 calendar weeks   

 

c.    An employee who is compensated for 41 hours or more in a pay period will be credited with the proportionate amount for the pay period.

 

(2)    New employees; scheduling.  No annual leave may be taken by an employee until the employee has been in the service of the city continuously for a period of six full months. Each department head shall keep records of vacation leave credit and use, and shall schedule vacation leaves with particular regard to the seniority of employees, to accord with operating requirements, and insofar as possible with the requests of employees. 

 

(3)    Accrual.  Employees with less than 15 years of service may accrue vacation leave to a maximum of twice the amount earned in a year. Employees with 15 consecutive years or more of service may accrue vacation leave to a maximum of two and one-half times the amount earned in a year. 

 

(4)    Terminal leave.  Any permanent employee leaving the municipal service shall be compensated for vacation leave credited and unused to the date of the employee's separation or resignation, provided the employee has been in the service of the city for at least six full months. 

 

(5)    Holidays occurring during vacation period.  Any official holiday as set forth in this article that shall occur during an employee's scheduled vacation period shall not be counted as a day of vacation. 

 

(6)    Extra vacation day.  Each full-time regular employee in the classified and unclassified service, shall receive, in addition to the employee's regular vacation leave credit provided for in this section, one additional day of vacation, which may be taken at the employee's option, with the approval of the employee's department head. 

 

(7)    City manager.  The city manager shall be entitled to annual leave of six full five-day workweeks. 

 

(b)   Local 500-AFSCME.  Employees allocated to classes covered by the provisions of the work agreement between the city and Local 500-American Federation of State, County and Municipal Employees shall receive vacation leave in accordance with the provisions of the work agreement in effect. 

 

(c)   Local 42-IAFF.  Employees allocated to classes covered by the provisions of the work agreement between the city and Local 42-International Association of Fire Fighters shall receive vacation leave in accordance with the provisions of the work agreement in effect. 

 

(d)   Local 3808-IAFF.  Employees allocated to classes covered by the provisions of the work agreement between the city and Local 3808-International Association of Fire Fighters shall receive vacation leave in accordance with the provisions of the work agreement in effect. 

 

(e)   Waiving vacation.  As vacation leave is granted to employees for a period of recreation, no employee shall be ordinarily permitted to waive such leave for the purpose of receiving double pay, excepting, however, that employees in pay range M-K and below with ten years or more of service, and having at least four weeks of accumulated vacation, may cash in 40 hours of vacation per year. The number of employees who may exercise this option during any pay period is limited to five percent of the M-class department employees. 

 

(f)   Prerequisites for usage.  Generally, vacation time must be earned and recorded prior to usage. 

 

Sec. 2-1100. Sick leave.

 

(a)   Generally.  Employees allocated to classes within the managerial, professional, supervisory or confidential group shall earn sick leave as follows: 

 

(1)    Amount.  Each regular full-time employee in the classified and unclassified service who is compensated for at least forty-one or more hours during a pay period shall receive three and seven-tenths (3.7) hours of sick leave accrual for that pay period. A regular employee appointed on or prior to the fifteenth day of the month shall receive sick leave credit beginning on the first day of that month; a regular employee appointed subsequent to the fifteenth day of the month shall receive sick leave credit beginning on the first day of the succeeding month. Employees who are compensated for at least 41 hours during a pay period will be credited the proportionate amount for the pay period. 

 

(2)    Use.   

 

a.    Sick leave with pay must be earned before it can be granted for absence from duty because of actual personal illness, noncompensable bodily injury or disease, or exposure to contagious disease, or to keep a doctor's or dentist's appointment. An employee may utilize his or her earned sick leave to take his or her spouse, domestic partner, children, or domestic partner's children to a doctor or hospital for medical treatment. Reporting and documenting requirements of this section shall be followed with respect to such leave.

 

b.    When a field employee finds it necessary to be absent for any of the reasons specified in this subsection, he shall cause the facts to be reported to his department head or division head 30 minutes prior to the regular time for reporting to work. All other employees shall notify their department head or division head within one hour after their starting time on the first working day of absence. Sick leave shall not be granted unless such report has been made.

 

c.    An employee must keep his department head informed of his condition if the absence is of more than three days duration. An employee may be required to submit a medical certificate or other documentation for any absence.

 

d.    Failure to fulfill these requirements may result in a denial of sick leave.

 

e.    No refund of vacation time shall be allowed for illness incurred while on vacation leave.

 

(3)    Accrual.  Sick leave may be accrued with pay credit up to a limit of 3,000 hours. Employees who currently have more than 3,000 hours of accrued sick leave may continue to accrue sick leave unless their sick leave utilization causes them to fall below 3,000 hours, in which case the 3,000-hour cap will then apply. 

 

(4)    Conversion of unused leave.  The conversion of unused sick leave shall be credited as follows: Employees may, upon separation from the service, providing such employees have at least one-year of continuous service, convert accrued sick leave credit at the ratio of four hours of sick leave credit to one hour of vacation leave credit. Employees with at least 25 years of creditable service, or who are eligible and elect to retire upon obtaining the total of age and years of creditable service equal to or exceeding 80, or who retire with a normal retirement, or early retirement at age 60 or thereafter, or with line-of-duty disability pension, or who die while active employees, shall convert sick leave credit at the ratio of two hours of sick leave credit to one hour of vacation leave credit. 

 

(b)   Local 500--AFSCME.  Employees allocated to classes covered under the provisions of the work agreement between the city and Local 500--American Federation of State, County and Municipal Employees shall receive sick leave under the provisions of the work agreement in effect. 

 

(c)   Local 42--IAFF.  Employees allocated to classes covered under the provisions of the work agreement between the city and Local 42--International Association of Fire Fighters shall receive sick leave under the provisions of the work agreement in effect. 

 

(d)   The city manager shall have such sick leave credit as set forth in any employment agreement between himself and the city.

 

(e)   Recording.  All absences on sick leave must be recorded in units of not less than one-half hour on the payroll time sheet or daily payroll record card by use of the symbol "SL" to indicate absence of a full day or shift, or "SL" followed by a figure to indicate the number of hours of absence of account of sickness. Each department shall maintain a sick leave record for each employee. 

 

Sec. 2-1101. Funeral/Bereavement Leave.

 

(a)   Generally.  Funeral leave for all regular employees allocated to classes within the managerial, professional, supervisory or confidential group shall be for a maximum of three work days to attend a funeral in the immediate family of the employee. The term "immediate family" is defined for the purpose of this section as husband, wife, domestic partner, domestic partner's son or daughter, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandchildren and stepchildren of the employee. 

 

(b)   Local 500--AFSCME.  Funeral leave for all regular employees allocated to classes covered under the provisions of a memorandum of understanding between the city and Local 500--American Federation of State, County and Municipal Employees shall receive funeral leave under the provisions of the memorandum of understanding in effect. 

 

(c)   Local 42--IAFF.  Funeral leave for all regular employees allocated to classes covered under the provisions of a memorandum of understanding between the city and Local 42--International Association of Fire Fighters shall receive funeral leave under the provisions of the memorandum of understanding in effect. 

 

(d)   Local 3808--IAFF.  Funeral leave for all regular employees allocated to classes covered under the provisions of a memorandum of understanding between the city and Local 3808--International Association of Fire Fighters shall receive funeral leave under the provisions of the memorandum of understanding in effect. 

 

Sec. 2-1102. Military leave of absence.

 

(a)   Eligibility.  Regular employees in the classified and unclassified service who have been in the employment of the city for at least one year immediately preceding leaving the service of the city directly to enter the active uniform service of the United States during a national emergency or who are drafted into such service, or employees subject to compulsory service who voluntarily enlist, shall be granted a military leave of absence without pay to extend for a period of time beyond the date of termination of active uniform service as established by USERRA. The term "uniform service," as used in this section, shall include the Army, Navy, Air Force, Marine Corps, Coast Guard and Public Health Service, as well as all auxiliary branches of such service in which either men or women shall be called on to serve, but shall not include services as civilian employees of any of the services. The term "national emergency," as used in this section, shall exist during such period as determined by the federal government. 

 

(b)   Restoration of employee to former position.  An employee returning from military leave shall be entitled to restoration to his former position, provided he makes application within the time period established by USERRA, after his release from duty and has been honorably discharged, and he is physically and mentally capable of performing the duties of the position involved. If the position he vacated no longer exists at the time he qualifies for return to work, such person shall be entitled to be reemployed in another existing position of the same class, provided such reemployment does not necessitate the laying off of another person with greater seniority. 

 

(c)   Computation of seniority.  Employees granted military leave of absence may count such service as time spent on the job for computing seniority in the event of layoff. 

 

(d)   Payment or credit for vacation and sick leave.  A regular employee who leaves the municipal service directly for such military leave without pay may elect to be paid for any accrued vacation he may be entitled to as if he were actually separating from the city service. His decision shall be noted on the personnel action form affecting the leave. If the employee elects not to be paid for vacation leave, then accrued vacation and sick leave credits shall be reinstated upon return of the employee. 

 

Sec. 2-1103. Military training leave of absence.

 

All regular employees in the classified or unclassified service, who are or may become active members of the National Guard, the Army Reserve, the Air Force Reserve, the Navy Reserve, the Marine Corps Reserve or the Coast Guard Reserve of the United States government, shall be entitled to leave of absence with pay from their respective duties on all days during which they are employed with or without pay under the orders of authorization of competent authority on active training duty or duty with troops or at field exercises or for instruction will be paid leave in accordance with the applicable state statute.

 

Sec. 2-1104. Special leave.

 

(a)   Jury duty.  An employee may receive special leave with pay when he or she is required to serve on a jury and the hours of jury duty conflict with the hours of his or her city work. Such employees may keep the County or State jury fee; however, employees must convey his or her Federal jury to the City through his or her department head. In case the employee serves on a jury during his or her nonworking hours or days, the employee shall be permitted to keep the jury fee. However, the employee must inform his or her supervisor of his or her jury service. Jury leave for all regular employees allocated to classes covered by a memorandum of understanding shall be governed by the appropriate memorandum of understanding. 

 

(b)   Training courses.  Special leave with pay may also be granted by a department head, with the approval of the director of human resources, for the purpose of allowing a regular employee to engage in official training courses or to participate in other official activities. 

 

(c)   Sabbatical leave for judges of municipal court.  Upon recommendation for approval by the presiding judge and approval by the city manager, judges of the municipal court shall be granted a sabbatical leave of up to six months for purposes of full-time study or teaching directly related to the profession of law. No judge shall be eligible for such leave unless he or she has served at least three years. No judge shall be granted such leave more than once during any five-year period. Not more than one judge per fiscal year shall take sabbatical leave. During any such leave a judge shall continue to be paid by the city at the rate of one-half the regular salary and shall continue to be eligible for participation in the city health and life insurance programs, pension program and other employment benefits. 

 

(d)   Educational initiative leave.  Each fiscal year, any regular employee will be allowed a maximum of eight hours paid leave to participate in cooperatives with area schools or other activities relating to educational development, including those of their children. The employee must timely request this leave and leave shall be granted only when it will not cause undue or unnecessary imbalances in staffing levels. Employees not participating in activities for which this leave was granted to them shall have this paid leave time changed to absences without leave and appropriate disciplinary action will be taken. The department of human resources will monitor the use of the educational initiative leave and may promulgate additional requirements in its rules and regulations. 

 

Sec. 2-1105. Leave of absence without pay.

 

(a)   Generally.  Leave of absence without pay may be granted to regular employees in the classified service for a period not to exceed 90 calendar days, by a department head. A leave of absence without pay may be granted by a department head, with the prior approval of the director of human resources, to regular employees in the classified service for a period not to exceed 180 calendar days. 

 

(b)   Extended leave.  A department head, with the prior approval of the director of human resources, may grant a regular employee leave without pay for a period agreed upon by the department head and director of human resources, for travel, study related to the employee's position with the city, or in the case of serious illness. However, the employee will not receive any form of compensation or accrual of benefits during this time. Such leave shall be granted or extended only when it will not result in undue prejudice to the interests of the city as an employer, beyond any benefits to be realized. 

 

(c)   Restrictions.  No leave without pay shall be granted except upon written request of the employee. No such leave shall be granted primarily in the interests of the employee except in the case of one who has shown by his record of service or by other evidence to be of more than average value to the city and whose service it is desirable to retain even at such sacrifice. 

 

(d)   Return to work upon expiration.  Upon expiration of leave without pay, the employee shall return to work in the position held at the time leave was granted. Without good cause, failure on the part of an employee on leave to report promptly at its expiration shall be considered as a resignation. 

 

(e)   Labor organization business.  Employees participating in activities related to Local 42 of the International Association of Firefighters, AFL-CIO-CLC, or Local 500 of the American Federation of State, County and Municipal Employees, AFL-CIO, or any parent or umbrella union organization thereof shall request and be granted a leave of absence as follows: 

 

(1)    Employees elected to or selected for any full-time union office or employed by the union on a full-time basis shall be granted an unpaid leave of absence upon one month's written notice to the city setting forth the nature and tenure of the union position.

 

(2)    Employees elected to or selected for any part-time union office or employment by the union on a part-time basis shall be granted an unpaid leave of absence for the time absent from work for such union activities.

 

(3)    Employees selected by the union to participate in unpaid short-term union activities shall be granted a leave of absence without pay as provided in the memorandum of understanding then in effect.

 

(4)    In lieu of granting the employee who is a member of Local 42 a leave of absence for the activities specified in subsections (e)(2) and (3) of this section, and with written approval of the city manager, the employee may be allowed to trade time with other employees as provided in the memorandum of understanding then in effect. For purposes of this subsection only, the term "trading of time" shall include both trading of time and payment by the union to another employee to work the shift, including payment of all applicable taxes.

 

(5)    Upon return from leave, such employee shall have the same rights as an employee promoted outside the unit who returns to the unit. Leaves shall be granted for definite periods, not in excess of two years for leaves granted under subsection (e)(1) of this section, and may be extended from year to year upon written request from the union. Employees may return to the bargaining unit prior to the expiration of the term of the leave at the discretion of the city.

 

(6)    All other conditions of this section shall apply to any leave granted under this subsection (e).

 

(f)   Benefits during leave.  During any leave granted pursuant to this section, accrued sick leave and vacation leave shall be frozen and shall not continue to accrue during the leave. Employees on leave shall maintain previously acquired seniority and shall continue to accumulate seniority for up to one year, retaining such seniority thereafter. Other benefits for which the city or the employee pays remuneration, including but not limited to health, dental and life insurance, pension system contributions and accumulation of creditable service, shall cease 30 days after the effective date of such leave; provided, however, the employee shall have the option to continue such benefits if the employee pays the full expense of the benefits, including the city's share of any contribution thereto, at the time due. 

 

Sec. 2-1112. Suspension.

 

(a)   Generally.  A department head may for cause suspend an employee without pay for a period or periods not exceeding 30 calendar days in any 12 months; however, no single suspension shall be for more than 15 calendar days. The department head shall notify the employee concerned and the director of human resources in writing not later than one day after the date the suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any permanent employee who is suspended may appeal for a hearing in writing to the human resources board within ten calendar days of notice of suspension. 

 

(b) Suspension Pending Investigation.  In order to protect the Citys interests a Department head may place an employee on suspension without pay pending the completion of an internal investigation. Such suspensions shall not be the normal course of business and should be utilized only when necessary to prevent the destruction of evidence/property, protect citizens or employees from harm/intimidation, or to protect the publics interest and confidence in city government. The department head shall notify the employee concerned and the director of human resources in writing not later than one day after the date the suspension is made effective. Such notice shall include the reasons for and the anticipated duration of the suspension. No suspension pending an investigation shall exceed 15 calendar days without prior approval from the City Manager. Any permanent employee who is suspended may appeal for a hearing in writing to the human resources board within ten calendar days of the effective date of the suspension.  Permanent employees placed on suspension pending an investigation may also, at their request, utilize their free day, and/or accrued vacation and compensatory leave time. If the investigation finds that a suspension or the length of the suspension was not warranted, the employee shall be entitled to receive full back-pay.

 

(c) Effect of arrest or conviction.  Any employee who is arrested for a felony charge or a serious violation of law, including ordinance violations, and has a trial pending shall have his case reviewed by the department head or designee. It is the employees responsibility to notify his or her department head of such charges. The department head, or designee, taking into consideration the duties and service of the employee, shall have the authority to reassign the employee to a less sensitive position or to suspend the employee until such time as a judgment is rendered by the court. If the employee either pleads guilty, no contest or the equivalent, or is subsequently convicted of a felony charge or a serious violation of law, including but not limited to a reduced charge as a result of a plea bargain, he or she may be removed from the municipal service. If the suspended employee is found not guilty and is released by the court, he or she shall be reinstated to the former position with pay upon the employee's furnishing the department head, or designee, proper documentation regarding other employment, if any, for all time he was suspended as a result of such charges. However, any earnings of a suspended employee from another employer during the period of suspension shall be offset against the back pay with the city.  It is the employees responsibility to keep his or her department head aware of any pending charges, and the outcome of the charges against him or her.

 

Sec. 2-1118. Group life, medical and dental insurance.

 

(a)   All full-time employees and elected officials may enroll in group insurance policies covering medical, hospitalization, dental and life insurance, and any other policies offered by the city. Health insurance coverage shall be made available to all eligible employees' qualified dependents, on a voluntary basis, at a fee to the employee to be established on an annual basis.

 

(b)   If the employee has dependents, (including dependents of an employees domestic partner), in the same household and also working for the city, only one family coverage will be provided. In cases of a husband and wife with no dependents, two individual memberships may be provided.

 

(c)   The effective date of the insurance coverage for the employee shall be the first day of the month following the second month of employment.

 

(d)   During any authorized leave of absence without pay in excess of 30 calendar days, the employee and his or her dependents shall not be covered by the insurance program unless they have made advance arrangements by paying the full premium during this period; however, employees who are members of Guard and Reserve units called up for active military duty during a temporary crisis may continue as enrollees of the city's group life and medical insurance plans with the city continuing its contribution without interruption. The employee called up for active military duty will pay his or her share of the insurance premiums monthly.

 

(e)   The director of human resources is hereby authorized to make rules and regulations, not inconsistent with this section, for the proper administration of the employee insurance program.

 

(f)   Premium payments by employees or elected officials for any plan that is covered under the Citys Tax Savings Plan shall be treated as salary reduction under provisions of section 125 of the Internal Revenue Code

 

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Approved as to form and legality:

 

 

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Lana K. Torczon

Assistant City Attorney