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O R D I N A N C E NO. 12480
AN ORDINANCE, repealing Ordinance No. 10821, as adopted October 12, 2000,
and enacting a new Ordinance in lieu thereof, providing Rules and Regulations governing all
Classified Employees of The Metropolitan St. Louis Sewer District.
WHEREAS, the proposals for revised Civil Service Rules and Regulations were
submitted to the unions certified to represent District employees, and discussions were held
with union representatives thereafter with respect to said revised Rules and Regulations, and
WHEREAS, the proposals for revised Civil Service Rules and Regulations were
distributed to all District employees, and all District employees were afforded an opportunity
to comment upon said revised Rules and Regulations, and
WHEREAS, as provided by the Plan of the District, the Civil Service
Commission prepared revised Civil Service Rules and Regulations and did, on January 18,
2007, hold a public hearing at the District offices at 2350 Market Street upon the proposed
revised Civil Service Rules and Regulations, and
WHEREAS, the Civil Service Commission had submitted to the Board of
Trustees for adoption its approved revision,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Ordinance No. 10821, as adopted October 12, 2000, is hereby
repealed.
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Section Two. The revised Civil Service Rules and Regulations of the Civil
Service Commission are hereby adopted as governing all employees in the Classified Service,
as follows:
The foregoing Ordinance was adopted July 12, 2007.
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HUMAN RESOURCES DEPARTMENT
2350 MARKET STREET
ST. LOUIS, MO 63103
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
CIVIL SERVICE RULES AND REGULATIONS
ADOPTED _____________________
ORDINANCE NO. ______________
REVISION DATES:
September 16, 1955 November 12, 1975
April 9, 1956 September 29, 1976
July 7, 1958 May 9, 1979
October 22, 1958 November 14, 1979
May 17, 1960 August 11, 1982
November 10, 1960 October 11, 1989
June 25, 1962 July 9, 1991
September 10, 1964 April 20, 1995
February 20, 1969 September 14, 1995
February 22, 1971 October 12, 2000
August 29, 1972 __________,2007
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THE METROPOLITAN ST. LOUIS SEWER DISTRICT
CIVIL SERVICE RULES AND REGULATIONS
Table of Contents
Page
RULE 1 DEFINITIONS ................................................................................................................................1
RULE 2 GENERAL PROVISIONS ...........................................................................................................11
2.1 PURPOSE OF RULES ........................................................................................ 11
2.2 POSITIONS COVERED BY RULES ................................................................. 12
2.3 AMENDMENT OF RULES............................................................................... 12
2.4 ADMINISTRATION OF RULES ...................................................................... 12
2.5 VALIDITY OF RULES ....................................................................................... 13
2.6 SINGULAR AND PLURAL USAGE ............................................................... 13
2.7 EFFECTIVE DATE OF RULES ......................................................................... 13
RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION ................................................14
3.1 GENERAL PROVISIONS ................................................................................. 14
3.2 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) .......................... 14
3.3 CIVIL SERVICE COMMISSION ...................................................................... 15
a. Appointment and Term ........................................................................ 15
b. Duties ....................................................................................................... 15
c. Officers ..................................................................................................... 16
d. Meetings .................................................................................................. 16
RULE 4 APPLICATIONS AND EXAMINATIONS ..............................................................................17
4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION ............ 17
4.2 NOTICE OF EXAMINATIONS ....................................................................... 17
4.3 MINIMUM QUALIFICATIONS FOR FILING FOR EXAMINATION ...... 18
4.4 FILING OF APPLICATION FOR EXAMINATION ..................................... 18
4.5 DISQUALIFICATION OF APPLICANTS ...................................................... 19
4.6 CHARACTER OF EXAMINATIONS ............................................................. 21
a. Open Competitive Examinations......................................................... 21
b. Open Continuous Examinations .......................................................... 22
c. Employee Examinations........................................................................ 22
4.7 ADMINISTRATION OF EXAMINATIONS .................................................. 23
a. Establishment of Procedures ................................................................ 23
b. Use of District Employees ..................................................................... 23
c. Contracting for Examinations .............................................................. 23
4.8 RATING OF EXAMINATIONS ....................................................................... 23
a. Method of Rating and Minimum Grades ........................................... 23
b. Consideration for Lower Job Titles ..................................................... 24
c. Rating of Competence ........................................................................... 24
4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS ............................ 24
a. Notice of Examination Results ............................................................. 24
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b. Records of Test Results; Corrections ................................................... 24
RULE 5 ELIGIBILITY LISTS .....................................................................................................................26
5.1 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS .......... 26
5.2 TYPES OF ELIGIBILITY LISTS ........................................................................ 26
a. Original Appointment List ................................................................... 26
b. Employee Lists ....................................................................................... 26
c. Restoration List ....................................................................................... 27
d. Recall Lists............................................................................................... 27
5.3 CONSOLIDATION OF LISTS .......................................................................... 27
5.4 USE OF RELATED ELIGIBILITY LISTS ......................................................... 28
5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY ........................... 28
a. Original Appointment Lists ................................................................. 28
b. Employee Lists ....................................................................................... 29
c. Recall Lists............................................................................................... 29
d. Restoration Lists ..................................................................................... 29
5.6 AVAILABILITY OF INDIVIDUALS ON ELIGIBILITY LISTS .................... 29
5.7 REMOVAL OF NAMES FROM LISTS ............................................................ 29
5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST .............................. 31
RULE 6 CERTIFICATION AND APPOINTMENT ...............................................................................32
6.1 REQUEST TO FILL A POSITION .................................................................... 32
6.2 FILLING OF VACANCIES ............................................................................... 32
a. Appointment Through Demotion ....................................................... 32
1. Involuntary Demotion ............................................................................32
2. Voluntary Demotion ...............................................................................33
b. Appointment Through Reassignment ................................................ 33
c. Appointment from Restoration Lists .................................................. 33
d. Appointment from Recall Lists ............................................................ 34
e. Appointment from Employee Lists ..................................................... 34
f. Appointment Through Transfer .......................................................... 35
1. Transfer (District Initiated) .....................................................................35
2. Transfer (Employee Initiated) ................................................................35
g. Appointment Through Reinstatement ................................................ 35
h. Appointment From Original Appointment List ................................ 36
i. Appointments of Limited Duration .................................................... 37
1. Temporary Appointments ......................................................................37
2. Emergency Appointments......................................................................37
3. Provisional Appointments .....................................................................38
6.3 OVERLAP OF INCUMBENTS ......................................................................... 38
6.4 CERTIFICATION OF INDIVIDUALS FROM ELIGIBILITY LISTS ............ 38
a. Order of Certification ............................................................................ 38
b. Certification From Related Lists .......................................................... 39
c. Physical Examinations ........................................................................... 39
RULE 7 PROBATIONARY PERIOD .......................................................................................................40
7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD ......... 40
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a. Original Appointment Probation ........................................................ 40
b. Probation Following Promotion .......................................................... 40
c. Probation Following Demotion ........................................................... 41
d. Probation Following Transfer .............................................................. 41
e. Probation Following Reinstatement .................................................... 41
7.2 COMPUTATION OF THE PROBATIONARY PERIOD .............................. 41
7.3 EMPLOYEE EVALUATION DURING PROBATION .................................. 42
7.4 REMOVAL DURING PROBATIONARY PERIOD ....................................... 42
7.5 RETENTION OF EMPLOYEE AFTER PROBATION ................................... 43
7.6 FOLLOWING REMOVAL DURING PROMOTIONAL OR TRANSFER
PROBATIONARY PERIOD .............................................................................. 43
7.7 FOLLOWING REMOVAL DURING DEMOTIONAL PROBATIONARY
PERIOD ............................................................................................................... 44
7.8 PROMOTION DURING PROBATION .......................................................... 44
RULE 8 EMPLOYEE CONDUCT AND RELATIONS ..........................................................................46
8.1 DISCRIMINATION AND FAVORITISM PROHIBITED ............................. 46
8.2 POLITICAL ACTIVITIES .................................................................................. 46
a. Political Contributions .......................................................................... 46
b. Political Speeches and Campaigning .................................................. 46
c. Political Rights of Employees ............................................................... 47
d. Partisan Political Candidacy ................................................................ 47
e. Non-Partisan Political Candidacy and Office .................................... 48
f. Authority for Opinions on Political Activity ..................................... 49
8.3 CONFLICTING EMPLOYMENT .................................................................... 49
8.4 FINANCIAL INTEREST ................................................................................... 49
8.5 RELATIVES......................................................................................................... 50
8.6 ATTENDANCE AND REPORTS OF ABSENCE .......................................... 50
8.7 CHANGE OF EMPLOYEE INFORMATION ................................................ 51
8.8 MEDICAL EXAMINATIONS AND INQUIRIES .......................................... 51
RULE 9 PERFORMANCE MANAGEMENT .........................................................................................52
9.1 ESTABLISHMENT OF SYSTEM ...................................................................... 52
9.2 PURPOSES OF SYSTEM ................................................................................... 52
9.3 FREQUENCY OF PERFORMANCE APPRAISAL ....................................... 53
a. Performance Appraisals of Regular Employees ................................ 53
b. Performance Appraisals of Probationary Employees ....................... 53
c. Performance Appraisals of Temporary Employees .......................... 53
9.4 ADMINISTRATION OF SYSTEM ................................................................... 53
RULE 10 PERSONNEL FORMS, RECORDS AND REPORTS ...............................................................55
10.1 PERSONNEL FORMS ....................................................................................... 55
10.2 PERSONNEL RECORDS .................................................................................. 55
a. Examination Records ............................................................................. 55
b. Department Personnel Records and Reports ..................................... 55
c. Director of Human Resources Records and Reports ........................ 56
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d. Availability of Personnel Records ....................................................... 56
RULE 11 LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION .........................57
11.1 SENIORITY ......................................................................................................... 57
11.2 LAYOFF ............................................................................................................... 57
a. When Permitted ..................................................................................... 57
b. Order of Layoff ....................................................................................... 57
c. Notice of Layoff ...................................................................................... 58
d. Position After Layoff ............................................................................. 59
11.3 DISPLACEMENT ............................................................................................... 59
a. Procedure ................................................................................................ 59
b. Failure to Meet Qualifications or Requirements ............................... 60
c. Evaluation After Displacement ............................................................ 60
11.4 RESTORATION/RECALL ............................................................................... 60
a. Procedure ................................................................................................ 60
b. Evaluation After Recall ......................................................................... 61
c. Evaluation After Restoration ................................................................ 61
11.5 DISABILITY ........................................................................................................ 62
11.6 DISCIPLINARY ACTION................................................................................. 62
a. Types of Disciplinary Action ................................................................ 62
1. Reprimand ................................................................................................62
2. Suspension ................................................................................................63
3. Demotion ..................................................................................................63
4. Dismissal ...................................................................................................63
b. Reasons For Which Disciplinary Action May Be Taken ................... 63
c. General Provisions ................................................................................. 66
11.7 NOTIFICATION OF SEPARATION AND DISCIPLINARY ACTION ..... 67
RULE 12 CLASSIFICATION PLAN ..........................................................................................................68
12.1 EXISTING PLAN RESERVED .......................................................................... 68
12.2 ADMINISTRATION OF CLASSIFICATION PLAN .................................... 68
a. Allocation of Positions .......................................................................... 68
b. Establishment of Positions .................................................................... 69
c. Reallocation of Positions ....................................................................... 69
d. Status of Incumbent When Position is Reallocated ........................... 69
e. Review of Allocation and Reallocation ............................................... 70
12.3 JOB DESCRIPTIONS AND CLASSIFICATION ............................................ 70
a. Contents of Job Descriptions ................................................................ 70
b. Interpretation of Job Descriptions ....................................................... 71
c. Use of Job Descriptions in Allocation and Reallocation ................... 71
d. Use of Minimum Qualifications Statements ...................................... 71
12.4 USE OF STANDARD PROCEDURE OF JOB ANALYSIS ........................... 72
12.5 USE OF JOB TITLES AND CODES ................................................................. 72
12.6 MAINTENANCE OF CLASSIFICATION PLAN.......................................... 72
RULE 13 COMPENSATION PLAN ..........................................................................................................74
13.1 COMPENSATION PLAN ................................................................................. 74
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13.2 BASIS OF PAY RATES ...................................................................................... 74
a. Compensation of Full-Time Employees ............................................. 74
b. Compensation of Temporary Employees ........................................... 74
1. Hourly and Daily Rates of Temporary Employees .............................75
13.3 PAYMENT OF COMPENSATION ................................................................. 75
13.4 ENTRANCE PAY RATES ................................................................................. 76
a. Starting Rate on Initial Employment ................................................... 76
b. Starting Rate on Reinstatement ............................................................ 76
c. Starting Rate on Return from Military Leave .................................... 77
d. Starting Rate of Displacing Employees ............................................... 77
e. Starting Rate on Restoration ................................................................. 78
1. Original Position ......................................................................................78
2. Position Lower Than Original Position ................................................78
f. Starting Rate on Recall .......................................................................... 79
1. Original Position ......................................................................................79
2. Position Lower Than Original Position ................................................79
g. Starting Rate on Promotion .................................................................. 80
h. Rate of Pay on Transfer or Reassignment........................................... 81
i. Rate of Pay on Demotion ...................................................................... 81
j. Rate of Pay Following Unsuccessful Promotional Probationary
Period ....................................................................................................... 81
k. Rate of Pay on Reallocation .................................................................. 81
13.5 WORKING HOURS ........................................................................................... 82
a. Regular Working Hours ........................................................................ 82
b. Overtime .................................................................................................. 83
c. Eligibility for Overtime Compensation .............................................. 83
d. Eligibility for Compensatory Time ...................................................... 83
e. Calculation of Overtime ........................................................................ 84
f. Compensation for Overtime Work ...................................................... 84
g. Reporting of Overtime Work ............................................................... 84
h. Call-Back Pay .......................................................................................... 84
i. Stand-by Pay ........................................................................................... 85
13.6 HOLIDAYS ......................................................................................................... 86
a. List of Holidays ...................................................................................... 86
b. Personal Holidays .................................................................................. 86
c. Holiday Observance .............................................................................. 87
d. Compensation for Observance of a Holiday ...................................... 87
e. Compensation for Work Performed on Holidays ............................. 88
13.7 MAINTENANCE OF COMPENSATION PLAN .......................................... 88
RULE 14 LEAVES OF ABSENCES ............................................................................................................90
14.1 VACATION LEAVE .......................................................................................... 90
a. General Provisions ................................................................................. 90
b. Vacation Preference ............................................................................... 90
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c. Computation of Vacation Leave .......................................................... 90
1. Regular Employees ..................................................................................91
2. Temporary Employees ............................................................................91
d. Vacation Leave Accrual During Military Service .............................. 92
e. Restrictions on Granting of Vacation Leave ....................................... 92
1. Regularly Scheduled Vacation Leave ...................................................92
2. Emergency Vacation Leave ....................................................................92
3. Hourly Increment Vacation Leave ........................................................93
4. Vacation Leave to Supplement Workers' Compensation Benefit .....93
5. Vacation Leave Upon Exhaustion of Accrued Sick Leave .................94
f. Payment for Unused Vacation Leave .................................................. 94
g. Transfer of Unused Vacation Leave .................................................... 94
14.2 EDUCATIONAL LEAVE .................................................................................. 94
14.3 SICK LEAVE ....................................................................................................... 95
a. Granting of Sick Leave With Pay ......................................................... 95
b. Exclusions from Sick Leave With Pay ................................................. 95
c. Control of Sick Leave With Pay ........................................................... 96
d. Absence Due to Illness in Employee's Household ............................ 96
14.4 INJURY ON THE JOB ....................................................................................... 96
14.5 MILITARY SERVICE/RESERVE LEAVE ...................................................... 97
a. With Pay .................................................................................................. 97
b. Without Pay ............................................................................................ 97
c. Physical Examination for Military Purposes ..................................... 98
14.6 MILITARY LEAVE AFTER SERVICE ............................................................. 98
14.7 BEREAVEMENT LEAVE .................................................................................. 99
14.8 ABSENCE FOR VOTING................................................................................ 100
14.9 ABSENCE FOR JURY DUTY/WITNESS PAY ............................................ 101
14.10 LEAVE WITHOUT PAY ................................................................................. 101
14.11 SPECIAL LEAVE ............................................................................................. 101
14.12 FMLA LEAVE ................................................................................................... 102
14.13 ADMINISTRATIVE LEAVE ........................................................................... 103
RULE 15 APPEALS AND INVESTIGATIONS ......................................................................................104
15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR OF
HUMAN RESOURCES ................................................................................... 104
a. General Provisions ............................................................................... 104
b. Procedure for Appeals from Administrative Decisions ................. 104
c. Nature of Commission Review of Administrative Decisions ....... 104
15.2 APPEALS FROM DISCIPLINARY ACTION ............................................... 105
a. General Provisions ............................................................................... 105
b. Hearing Procedure ............................................................................... 106
c. Decision of the Commission ............................................................... 108
15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND
PRODUCTION OF RECORDS ....................................................................... 109
15.4 INVESTIGATION BY THE COMMISSION ................................................. 110
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RULE 1
DEFINITIONS
As used in these Rules, the following terms shall have the meaning indicated below, unless the content
specifies or clearly indicates another meaning.
1.1 ALLOCATION -– The assignment of an appropriate Job Title to a position based on the
kind of work, duties, and responsibilities.
1.2 APPOINTING AUTHORITY -– The Executive Director or an officer or head of a
department or other organizational unit to whom the Executive Director has delegated
the authority to make appointments.
1.3 APPOINTMENT -– The induction of a person to a position in the classified service of
the District. Appointments shall be of the following types: Recall; Restoration;
Promotion; Original Appointment; Emergency Appointment; Transfer; Reassignment;
Reinstatement; and Demotion.
1.4 CERTIFICATION -- The act, by the Director of Human Resources, of supplying an
appointing authority with the names of applicants deemed eligible for appointment to
a vacant position in the classified service. May also refer to the list of names from an
eligibility list supplied to the appointing authority.
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1.5 CHARTER -– The basic charter of the Metropolitan St. Louis Sewer District as adopted
February 9, 1954, as amended, by vote of the people under the provisions of Article VI,
Section 30 (a) and (b) of the constitution of Missouri as amended.
1.6 CLASSIFICATION, JOB TITLE or TITLE -– The designation given under the
Classification Plan to describe a position.
1.7 CLASSIFICATION PLAN -– The arrangement of all Job Titles in the classified service
into a system of General Classes and Job Descriptions.
1.8 CLASSIFIED EMPLOYEE -- An employee occupying a position in the classified
service of the District.
1.9 CLASSIFIED POSITION -- A position in the classified service.
1.10 CLASSIFIED SERVICE – All positions not specified as unclassified.
1.11 COMMISSION -– The Metropolitan St. Louis Sewer District Civil Service Commission,
which is appointed by the Board.
1.12 COMPENSATION -- The salary, wages, fees, and all other forms of valuable
consideration, earned or paid to any employee of the classified service by reason of
service in the position, but does not include allowances for authorized and incurred
expenses which are incidental to employment.
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1.13 COMPENSATION PLAN -– A schedule of salaries established by ordinance as
Schedules A, B and C for the job titles recognized in the classification plan.
1.14 CONTINUOUS SERVICE -- The period of time between an employee's date of most
recent employment as shown on the records of the District and the date to which such
service with the District is being determined. Said period of time shall be reduced by the
period of time of any layoff, special leave pursuant to Rule 14.11 and FMLA leave
(unless substituted other leave) pursuant to Rule 14.12. In addition, if an employee is
appointed by reinstatement, said period of time shall be reduced by any period of time
an employee was separated from District service.
1.15 DAYS -- As used herein, unless otherwise specified, calendar days.
1.16 DEMOTION -– The change of an employee from one job title to another job title at a
lower maximum rate of pay when such change is not in the nature of displacement.
1.17 DEPARTMENT -- An established major organizational unit of the District.
1.18 DISCHARGE OR DISMISSAL -- The involuntary separation of a person from
employment in the District because of unsatisfactory service or conduct.
1.19 DISPLACEMENT -– The placement of an employee in lieu of layoff in a position in the
employee’s general class that is in a pay grade that is equal to or lower than the position
occupied by the employee.
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1.20 DISTRICT -- The Metropolitan St. Louis Sewer District as established by the Charter.
1.21 ELIGIBILITY LIST-– Any of the lists of names of persons eligible for appointment to
positions in the classified service of the District.
1.22 EMERGENCY APPOINTMENT -- The appointment of a qualified individual to a
classified position when an emergency makes it necessary to immediately fill the
position in order to prevent stoppage of public business or loss, hazard, or serious
inconvenience to the public, and it is impossible to promptly fill such position under
any other provision of these Rules.
1.23 EMPLOYEE EXAMINATION -– A competitive examination which is designed to
measure the relative qualifications, comparative excellence and general fitness of
employees for a particular job title in the classified service.
1.24 EMPLOYEE LIST -– A list of regular and/or original probationary employees, who are
qualified for assignment to a particular job title.
1.25 EXAMINATION -– All of the tests or evaluations of fitness together that are applied to
determine the relative qualifications of applicants.
1.26 EXECUTIVE DIRECTOR -– Appointed by the Board and is the Chief Executive and
Administrative Officer of the District.
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1.27 GENERAL CLASS -- One or more job titles which are grouped because of their related
educational disciplines or courses of study, fields of specialty, or nature of work or skill,
but which vary in difficulty of duties and levels of responsibility, and constitute a
normal line of advancement.
1.28 HEARING -– A proceeding before the Commission or its designee, held in accordance
with law, for the following purposes: to hear appeals of classified employees from
adverse action of dismissal, demotion, reduction in compensation, or suspension; to
hear appeals of classified employees from administrative decisions of the Director of
Human Resources; or to consider any other matter within the jurisdiction of the
Commission.
1.29 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) -- The Chief Executive
Officer of the merit system; as used in these Rules, the terms denote the staff or office of
Director of Human Resources as well as the individual.
1.30 IMMEDIATE FAMILY -- An employee's spouse, children, stepchildren, grandchildren,
parents, stepparents, father-in-law, mother-in-law, sister, stepsister, brother,
stepbrother, grandparents, and other relatives residing within the employee's
household.
1.31 JOB DESCRIPTION -– The written description of the duties and responsibilities of a
job title and its qualification standards.
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1.32 LAYOFF -– The removal of an employee from the classified service because of lack of
work or shortage of funds or by reason of abolishment of a classified position because of
reorganization within the department or District. Layoffs shall not be considered
dismissals and are, therefore, not subject to the provisions of Rule 15.
1.33 MANAGEMENT COMMITTEE -- A committee selected by the Executive Director
from employees holding executive unclassified positions.
1.34 OPEN COMPETITIVE EXAMINATION -- An examination open to all persons,
whether employed by the District or not, who meet and comply with the prescribed
requirements for admission.
1.35 OPEN CONTINUOUS EXAMINATION -- An open competitive examination having
no date scheduled for termination.
1.36 ORIGINAL APPOINTMENT -- Appointment to a position in the classified service,
other than by recall, restoration or reinstatement, of an applicant who is not a regular
employee at the time of the appointment.
1.37 PART TIME EMPLOYEE -– A person who is employed on a biweekly basis to work less
than the normal biweekly hours of the position. For any job title covered by the
Memorandum of Understanding an agreement must be established between the District
and the Local Union to designate that employee as part time.
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1.38 PAY GRADE -- The appropriate salary range for designated job titles in the
classification plan.
1.39 POSITION -- A group of duties and responsibilities designated to be performed by one
employee and established according to these Rules.
1.40 PROBATIONARY EMPLOYEE -- A person appointed from an eligibility list who has
not yet completed his/her appropriate probationary period of service.
1.41 PROBATIONARY PERIOD -- The final step in the examination process; a specified
period (usually six (6) months) during which an employee is required to demonstrate
through actual performance his/her fitness for a classified position.
1.42 PROMOTION -– A change in the assignment of an employee to a job title having a
higher maximum salary rate when such change is not in the nature of restoration.
1.43 PROVISIONAL APPOINTMENT -- A temporary non-competitive appointment of an
individual to fill a classified position, pending establishment of an eligibility list for
such position.
1.44 REALLOCATION -– A change to a classified position by raising it to a higher pay
grade, reducing it to a lower pay grade, or moving it to another job title at the same pay
grade on the basis of a significant change in duties, authority or responsibility of the
position that have been performed for a minimum of one year in duration.
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1.45 REASSIGNMENT -– Assignment of an employee within the department under the
same appointing authority from one area to another area within the same job title.
1.46 RECALL -- The appointment of an employee to a classified position from a recall list.
1.47 RECALL LIST -- A list of persons who have been regular employees in a particular job
title and who have been laid off in good standing and are entitled to have their names
certified for appointment to job titles in a general class for which their qualifications
may be considered.
1.48 REGULAR EMPLOYEE -- An employee who has been appointed to a position in the
classified service in accordance with Civil Service Rules and has successfully completed
his/her original appointment probationary period.
1.49 REINSTATEMENT -– At the discretion of the Appointing Authority, the return to
District service of a regular employee in accordance with regulations governing such
re-employment.
1.50 RESIGNATION -- A voluntary separation which is effected by: (1) the appointing
authority's acceptance of an employee's written or oral communication stating the
employee's intent to leave the classified service; (2) the employee's continued absence
after the exhaustion of all leave granted to and/or accrued by the employee; or (3) any
other act which clearly indicates the employee's intention to leave the classified service.
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1.51 RESTORATION -- In the case of a recalled employee occupying a position in a lower
pay grade than that held prior to layoff, the placement of the employee to the job title
held immediately prior to layoff or to a position in a lower job title of the same general
class of that held immediately prior to layoff. In the case of an employee who has been
displaced, the placement of the employee to the job title held immediately prior to
displacement or to a position in a lower job title of the same general class of that held
immediately prior to displacement.
1.52 RESTORATION LIST -- A list of regular employees who have either been recalled or
have displaced other employees, and who are entitled to have their names certified for
appointment to a classified position in the job title held immediately prior to layoff or
displacement or to a position in a lower job title of the same general class of that held
immediately prior to the layoff or displacement.
1.53 RETIREMENT -– A voluntary separation where a retirement benefit is payable at the
time of separation in accordance with the District Pension Plan ordinance.
1.54 RULE OR RULES -- One or more of The Metropolitan St. Louis Sewer District Civil
Service Rules and Regulations.
1.55 SALARY RANGE -- The spread between the minimum and maximum salary of any pay
grade.
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1.56 SEPARATION -– The removal of an employee from the classified service of the District
by dismissal, retirement, death, or resignation.
1.57 SUSPENSION -- An involuntary, unpaid leave of absence for disciplinary purposes or
pending an investigation of charges made against an employee.
1.58 TEMPORARY APPOINTMENT -- An appointment of an individual from an eligibility
list to an approved position which is limited in duration.
1.59 TRANSFER -– Assignment of an employee from a classified position to a different
classified position with the same pay grade.
1.60 UNCLASSIFIED SERVICE -- All positions in the District specifically excluded by the
Charter, ordinance or Rules from the classified service.
1.61 UNCLASSIFIED POSITION -- A position in the unclassified service.
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RULE 2
GENERAL PROVISIONS
2.1 PURPOSE OF RULES
It is the purpose of these Rules to give effect to the intent and requirements of the
Personnel Provisions of the Charter. These Rules shall be applied in accordance with the
intent of the Charter which is interpreted and declared to be as follows:
(1) To establish for employees in the classified service a modern system of
personnel administration based on merit principles and designed for efficient
administration and which will support the District's role as an equal opportunity
employer.
(2) To govern the appointment, promotion, transfer, layoff, separation and
discipline of employees in the classified service, and other District employment
transactions on the basis of merit and fitness.
(3) To maintain a uniform classification plan based upon relative duties, level of
difficulty and responsibility, and qualifications required of positions in the
classified service.
(4) To administer a Compensation Plan, with due consideration given the interest of
both employee and taxpayer, which is based on the principle of equal pay for
substantially equal work and which will insure compensation proportionate to
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the difficulty, responsibility and qualification requirements of the work
performed.
2.2 POSITIONS COVERED BY RULES
These Rules shall apply to all positions in the classified service as defined in these
Rules.
2.3 AMENDMENT OF RULES
The Commission shall hold a public hearing on proposed amendments to the Rules
recommended by the Director of Human Resources or by the Commission in
accordance with the Personnel Provisions of the Charter. After such hearing, the
Commission shall approve, modify and approve, or reject the proposed amendments
wholly or in part. Amendments approved by the Commission shall then be submitted
to the Board and shall become effective when adopted by ordinance.
2.4 ADMINISTRATION OF RULES
The Director of Human Resources is charged with the responsibility for the
administration of the Rules. Administrative regulations prescribing the detailed
procedure for the administration of the Rules shall be established, amended or
rescinded by the Director of Human Resources after consultation with the Executive
Director, with the approval of the Commission.
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2.5 VALIDITY OF RULES
If any part of the ordinance adopting these Rules or subsequent amendments thereto is
held to be invalid by competent authority, every other part not so held shall continue in
full force and effect as if the invalid part had not been included.
2.6 SINGULAR AND PLURAL USAGE
As used in these Rules, the singular shall include the plural, and the plural shall include
the singular.
2.7 EFFECTIVE DATE OF RULES
The Rules and Amendments herein shall become effective upon the effective date of the
appropriate ordinance.
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RULE 3
ORGANIZATION FOR PERSONNEL ADMINISTRATION
3.1 GENERAL PROVISIONS
Final authority for all personnel administration shall rest with the Executive Director of
the District, except as otherwise provided by the Charter. He/she shall appoint and,
when necessary for the good of the service, remove all officers and employees of the
District, except as otherwise provided in the Charter, and except as he/she may
authorize the head of a department or office to appoint subordinates in such
department or office, subject to the Personnel Provisions of the Charter.
3.2 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF)
The Director of Human Resources shall:
(1) Hold examinations for all appointments in the classified service, establish
eligibility lists, and certify names from eligibility lists to appointing
authorities for filling vacancies in said service.
(2) Report annually to the Commission regarding the operation of the Personnel
Provisions of the Charter.
(3) Prepare and recommend to the Commission such rules as he/she may consider
appropriate to carry out the Personnel Provisions of the Charter.
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(4) Advise, assist, and cooperate in fostering the interest of institutions of learning
and civic, professional, and employee organizations in the improvement of
personnel standards and conditions in the District.
(5) Perform such other duties with reference to personnel administration as may be
required by ordinance or the Executive Director.
3.3 CIVIL SERVICE COMMISSION
a. Appointment and Term
Civil Service Commission - - Appointment - - Term. There shall be a Civil Service
Commission of three members, who shall be appointed by the Board. Members
shall have the same qualifications as required for Trustees, except that no
member shall be a Trustee under the Charter.
Members shall be persons who are known to be in sympathy with the
application of merit principles to public employment. Members shall be
appointed for a term of three years. Vacancies shall be filled by the Board for the
unexpired term.
b. Duties
Civil Service Commission -- Duties -- The Civil Service Commission shall:
1. Advise the Board, Executive Director, and Director of Human Resources
on problems concerning personnel administration.
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2. Make any investigation which it may consider desirable concerning
personnel administration in the District service, and report to the Board
at least once a year its findings, conclusions, and recommendations.
3. Recommend Civil Service Rules to the Board.
4. Hear appeals from disciplinary action, administrative actions and other
matters within the jurisdiction of the Commission.
5. Advise, assist, and cooperate in fostering the interest of institutions of
learning and civic, professional, and employee organizations in the
improvement of personnel standards and conditions in the District.
c. Officers
The Commission shall select from its members a chairman and vice chairman
whose term of office shall be for one year. The Director of Human Resources
shall serve as secretary of the Commission.
d. Meetings
Regular meetings shall be held on such dates as shall be determined by the
Commission. Special meetings shall be held on call of the chairman or any two
members of the Commission.
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RULE 4
APPLICATIONS AND EXAMINATIONS
4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION
Application shall be accepted only on official forms prescribed by the Director of
Human Resources and approved by the Commission. The applicant shall sign each
application and the signature shall certify the truth of all statements contained therein.
The application form shall not require any information that does not comply with the
Equal Employment Opportunity Act or any other Federal or State regulations for the
position in question or political affiliations of an applicant other than to require the
applicant to certify non-affiliation with any group or organization which seeks or
advocates the overthrow of the government of the United States by force or violence,
said certification being in accordance with the provisions of the Charter. The District
shall hold the right to conduct a background investigation of any applicant.
4.2 NOTICE OF EXAMINATIONS
The official announcement of an examination shall consist of the posting of a notice
thereof for a minimum of five (5) working days prior to the last date applications will be
accepted. Said notice shall be posted on a public bulletin board maintained in the public
area of the District’s Headquarters. The Director of Human Resources shall also make
use of such other means for publicizing the announcement of each examination as in
his/her best judgment are best suited for informing qualified persons that the
examination is to be given. These may include paid advertisements in newspapers and
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periodicals, announcement to the press and to educational institutions, posters and
circulars for general distribution, and similar means.
Each official announcement of an examination shall specify the job title and salary
range for which the examination is announced; the nature of the work to be performed;
the necessary and desirable qualifications; the time, place and manner of making
application; special requirements or qualifications; and such other information as the
Director of Human Resources considers pertinent and useful.
4.3 MINIMUM QUALIFICATIONS FOR FILING FOR EXAMINATION
All persons who may lawfully work in the United States, and meet the reasonable
standards or requirements regarding training, experience, and other factors fixed by the
Director of Human Resources and stated in the notice of examination, shall be
permitted to file an application for examination; provided however, that any applicant
taking an examination for any job title who fails to make a passing grade shall not be
allowed to file an application for examination for such job title until six (6) months
after the date of the prior examination for such job title.
4.4 FILING OF APPLICATION FOR EXAMINATION
To be accepted for review, applications for examination must be filed with the District
Human Resources Department by the date, if any, specified in the notice for application,
or as specified by the Director of Human Resources.
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4.5 DISQUALIFICATION OF APPLICANTS
The Director of Human Resources shall reject the application for examination or refuse
to examine an applicant, or after examination disqualify such applicant or if already
appointed, consult with the appointing authority in taking steps to remove such person
if such person:
(1) has failed to submit his/her application for examination correctly or within the
prescribed time limits;
(2) is found not to meet all of the preliminary requirements established for the
examination for the job title;
(3) has made a false statement of material fact in his/her application for
examination, or practices, has practiced or attempted to practice any fraud or
deception in his/her attempt to secure appointment;
(4) has directly or indirectly obtained information regarding the examination to
which, as an applicant, he/she was not entitled;
(5) has taken part in the compilation, administration, or scoring of the examination
for which he/she is an applicant;
(6) is unable to perform the essential job elements of the position with or without
reasonable accommodation;
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(7) has established an unsatisfactory employment record as evidenced by reference
checks of such nature as to demonstrate lack of fitness for employment in the
position for which he/she applies;
(8) habitually uses any form of intoxicant to excess; has tested positive on a
substance abuse test initiated by the District within the 12 months preceding the
examination unless the person has presented evidence that the substance abuse
is not recurring (including, but not limited to, participation in and compliance
with a substance abuse rehabilitation program after said positive result); or is
prohibited from performing the duties of the job title by a federally mandated
substance abuse testing regime;
(9) has been convicted of criminal conduct, or engaged in dishonest, immoral or
notoriously disgraceful conduct, of such gravity as to render him/her unfit for
the position for which he/she applies;
(10) has used or attempted to use political pressure, deception, fraud or bribery to
secure an advantage in an examination, or in appointment or advancement;
(11) is proved to be affiliated with any group or organization which seeks or
advocates the overthrow of the government of the United States by force or
violence; or
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(12) has otherwise violated the provisions of the Charter, relevant ordinances or these
Rules.
4.6 CHARACTER OF EXAMINATIONS
Any practical means or measures may be used in open competitive examinations which
in the judgment of the Director of Human Resources are calculated to reveal the ability
and fitness of candidates to perform the duties and responsibilities of positions for
which the examination is held. Examinations and tests may be written, oral, physical,
a demonstration of skill or performance, an evaluation of education, training and
experience or any combination thereof. Examinations may include investigation of
training and experience, a test of knowledge, skill or aptitude and an inquiry into the
character, reputation and general suitability of applicants. Examinations shall be rated
impartially, and no test or question in any examination shall call for or lead to
disclosure of information that does not comply with the Equal Employment
Opportunity Act or any other Federal or State regulations. Any such disclosures by an
applicant shall be discouraged and any such information which may nevertheless be
revealed shall be disregarded.
Reasonable accommodations will be made to those applicants with disabilities upon
request.
a. Open Competitive Examinations
All entrance examinations for positions in the classified service shall be open
competitive in character.
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b. Open Continuous Examinations
In order to supply an adequate number of qualified candidates, the Director of
Human Resources may establish a continuous recruitment program. Under such
program, applications may be accepted and examinations held whenever a
sufficient number of applicants have filed to assure adequate competition.
c. Employee Examinations
To be eligible to compete for a promotion, voluntary demotion or a transfer to a
different position, an employee must meet requirements for admission to the
examination. Limitations upon eligibility shall be applied uniformly. Employee
examinations shall not be limited to employees of a single department of the
District. Employee examinations shall consist of a review of qualifications,
including an evaluation of employee performance of related duties, in addition
to any required tests. However, the Director of Human Resources may waive
any required test if the employee previously obtained a grade on the test
sufficient to qualify for the position for which the present examination is being
conducted.
If a new employee examination is announced, and at least six (6) months has
elapsed since the initial examination, an employee who has achieved a
qualifying rating may elect to be re-examined and have his/her name placed on
the eligibility list in accordance with the new rating.
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4.7 ADMINISTRATION OF EXAMINATIONS
a. Establishment of Procedures
The Director of Human Resources shall establish procedures to be used on
conducting the examination of candidates and shall devise safeguards to insure
maximum impartiality in the examination and rating of candidates. The Director
of Human Resources may disqualify any applicant for failure to comply with
procedures and regulations established for examination.
b. Use of District Employees
The Director of Human Resources, with the consent of the appropriate
appointing authorities, is authorized to select District employees in the
classified service to act as examiners under his/her direction.
c. Contracting for Examinations
The Director of Human Resources is authorized to contract with any agency,
public or private, to conduct any examination which he/she deems necessary.
4.8 RATING OF EXAMINATIONS
a. Method of Rating and Minimum Grades
Accepted merit system test administration techniques and procedures shall be
used in rating examinations and determining relative ranking of candidates.
The minimum eligibility requirements for all examinations or portions thereof
shall be established by the Director of Human Resources.
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The method utilized to determine the final examination rating for a job title
shall be uniformly applied to all applicants for that job title.
b. Consideration for Lower Job Titles
An applicant who, after examination, fails to gain eligibility for employment
may be considered for a related lower job title provided that an examination is
open and the pertinent examination rating meets the minimum requirements for
the lower job title .
c. Rating of Competence
The Director of Human Resources shall establish procedures for the evaluation
of competence which shall give due consideration to relevant knowledge, skills,
abilities, training/education and to the quality, recency and amount of
experience. The procedure utilized to evaluate competence for a position shall
be uniformly applied to all applicants for that job title.
4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS
a. Notice of Examination Results
Applicants shall, when rating is completed, be notified in writing of their
eligibility status.
b. Records of Test Results; Corrections
Records of test results shall be open records or designated closed records
pursuant to procedures authorized by law. A manifest error in marking, grading
25
or computation of final rating, if called to the attention of the Director of Human
Resources within fifteen (15) days after the mailing of the notices of examination
results, shall be corrected. Such corrections, however, shall not invalidate any
certification or appointment made previously.
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RULE 5
ELIGIBILITY LISTS
5.1 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS
It shall be the duty of all appointing authorities to notify the Director of Human
Resources as far in advance as possible of vacancies which may occur in their
departments. The Director of Human Resources shall establish and maintain necessary
eligibility lists in order to provide an adequate supply of qualified candidates to fill
vacancies for all positions in the classified service.
5.2 TYPES OF ELIGIBILITY LISTS
a. Original Appointment List
Applicants who have achieved the required eligibility ratings in an entrance
examination (open competitive or open continuous) shall have their names
placed on an original appointment list for the job title, arranged in order of final
qualifying grade received, from highest to lowest. Whenever two or more
candidates have equal ratings, their names shall be arranged on the list in the
order in which their applications were received.
b. Employee Lists
Employees who achieve the required eligibility ratings on employee
examinations shall have their names placed on an employee list for the job title,
arranged in order of final qualifying grade received, from highest to lowest.
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Whenever two or more persons have equal final ratings, they shall be treated
equally and placed on the list with the same rank.
c. Restoration List
Employees who displace other employees serving in a lower job title of the same
general class and employees who are recalled to a position in a lower job title
other than that occupied immediately prior to layoff shall have their names
placed on a restoration list for the general class of the position held
immediately prior to layoff or displacement. Names on such restoration lists
shall be arranged in order of seniority as defined in Rule 11.2.
d. Recall Lists
Employees laid off from a regular appointment in the classified service of the
District shall have their names placed on a recall list for the general class of the
position held immediately prior to the layoff. Names on such recall lists shall be
arranged in order of seniority as defined in Rule 11.2.
5.3 CONSOLIDATION OF LISTS
A new examination may be held for a job title for which an eligibility list already exists
if, in the opinion of the Director of Human Resources, the needs of the District would
be better served thereby. Applicants and employees remaining on the prior list shall be
placed on the new list in accordance with their previous ratings as though they had
taken the new examination, but such applicants and employees shall be removed from
the list at the expiration of the original eligibility list period. If a new examination is
28
announced six (6) months or longer after the initial examination, such applicants and
employees may, however, elect to be re-examined and have their names placed on the
new list in accordance with the new rating, thereby invalidating the prior certification.
5.4 USE OF RELATED ELIGIBILITY LISTS
An eligibility list for a job title may be assembled from one or more existing related
lists when a vacancy occurs in a job title for which there is no appropriate eligibility
list. The existing related lists utilized shall be only those for job titles which require
qualifications comparable to or higher than those required for the job title in which the
vacancy exists. Training and experience shall be re-evaluated in conformance with the
minimum qualifications required for the job title in which the vacancy exists.
5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY
a. Original Appointment Lists
1. The Director of Human Resources shall determine the period during
which candidates remain on original appointment lists. This period shall
not be less than six (6) months or more than two (2) years from date of
preparation of the eligibility list.
2. Eligibility lists based on open continuous examinations shall ordinarily
be of indefinite duration, but may be terminated by the Director of
Human Resources six (6) months after the last examination for the
position.
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b. Employee Lists
The Director of Human Resources shall determine the period during which
candidates remain on employee lists. This period shall not be less than (3)
months or more than two (2) years from date of preparation of the eligibility list.
c. Recall Lists
Recall lists shall be continuous for each general class, except that no name shall
remain on a recall list for longer than two (2) years.
d. Restoration Lists
Restoration lists shall be continuous for each general class and of unlimited
duration.
5.6 AVAILABILITY OF INDIVIDUALS ON ELIGIBILITY LISTS
Individuals on eligibility lists must notify the District Human Resources Department of
address change or any other changes affecting availability for employment.
5.7 REMOVAL OF NAMES FROM LISTS
The Director of Human Resources shall remove a name from any eligibility list or
refuse to certify any name on an eligibility list for any of the following reasons:
a. By written request of the individual on the eligibility list.
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b. Appointment through certification from such list to fill a permanent position;
except in the case of a restoration list, then only if the appointment was to the
position held by the employee immediately prior to layoff or displacement.
c. Appointment through certification from another eligibility list for a job title at
a higher compensation; in the case of a restoration list, if appointed to a job title
at a higher compensation than that received immediately prior to layoff or
displacement.
d. Failure to respond within the time specified to any inquiry or notification from
the Director of Human Resources.
e. Notice by postal authorities of inability to locate the individual on the eligibility
list at the last known address supplied to the District by the individual.
f. In the case of employee lists or restoration lists, upon separation or layoff from
the District service.
g. Failure to receive appointment after five (5) certifications from an original
appointment list provided an appointment is made from each certification.
h. In the case of an original appointment or employee list, upon second refusal to
accept appointment from any list until the list expires.
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i. For any of the causes stipulated in Rule 4.5.
5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST
An individual who believes his/her name has been improperly removed from an
eligibility list may, within fifteen (15) days of learning of the removal, make a written
request to the Human Resources Director to return his/her name to the list for the
duration of the list. The request shall contain the individual's reasons why his/her name
should be returned to the list. As soon as practical, but in no event later than thirty (30)
days after receipt of such request, the Human Resources Director shall either return the
name to the list or refuse the requested return of the name. The individual shall be
notified of the Human Resources Director's action and if the decision is unfavorable, the
individual may seek review before the Commission as provided in Rule 15.1.
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RULE 6
CERTIFICATION AND APPOINTMENT
6.1 REQUEST TO FILL A POSITION
Whenever a vacancy in any position in the classified service is to be filled, the
appointing authority shall submit a request to fill a position on a form prescribed by the
Director of Human Resources. Insofar as practicable, each vacancy shall be anticipated
sufficiently in advance to permit the Director of Human Resources to determine who
may be available for appointment, and if necessary to establish a job title or to establish
an eligibility list.
6.2 FILLING OF VACANCIES
Vacancies in the classified service shall be filled through one of the following
procedures, which are listed in general sequence of priority: Involuntary Demotion;
Reassignment; Restoration; Recall; Promotion, Transfer and Voluntary Demotion;
Reinstatement; and Original Appointment. In certain cases, emergency, temporary or
provisional appointments may be made.
a. Appointment Through Demotion
1. Involuntary Demotion
An appointing authority may demote any classified employee under
his/her direction for disciplinary reasons as specified in Rule 11. In
addition to providing the demoted employee with the notice required by
Rule 11.7, the appointing authority shall also furnish a written statement
33
of the reasons for such action to the Director of Human Resources at
least five (5) days prior to the effective date of the demotion.
2. Voluntary Demotion
A regular employee may request a demotion to an existing vacancy for
which he/she is qualified. The employee will be demoted if selected from
an appropriate eligibility list.
b. Appointment Through Reassignment
An appointing authority may reassign an employee under his/her jurisdiction
from one classified position to another classified position in the same job title
after notifying the Human Resources Department of the change in position
numbers of the incumbents provided that the change in position is not in the
nature of displacement.
c. Appointment from Restoration Lists
Upon receipt of a request to fill a position from an appointing authority, the
Human Resources Department shall determine if a restoration list exists for the
general class of the position. If an appropriate restoration list has been
established, the Human Resources Department shall certify singly the name of
the most senior employee qualified for the position who (1) at the time of
certification is in a lower job title than the position being certified; (2)
immediately prior to displacement was either in a position in the job title being
certified or in a position in a higher job title than the job title of the position
34
being certified, and (3) has not previously refused to accept appointment to the
job title being certified.
d. Appointment from Recall Lists
If there is no restoration list for the general class of position, the Human
Resources Department shall determine if a recall list exists for the general class
of position. If an appropriate recall list has been established, the Human
Resources Department shall certify singly the name of the most senior employee
qualified for the position who immediately prior to layoff was either (1) serving
in a position in the job title being certified, or (2) serving in a position in a
higher job title than the position being certified.
e. Appointment from Employee Lists
Upon receipt of a request to fill a position from an appointing authority and
there being no appropriate restoration or recall list established, the Human
Resources Department shall certify all employees whose names appear on an
employee list for the appropriate position in the order in which they appear on
the list. If there are three (3) names or less with examination grades on the
appropriate employee list, the appointing authority may decline the
certification until such time as the Human Resources Department increases the
names either by holding another employee examination or an open competitive
examination, and merging the existing names onto the new list.
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f. Appointment Through Transfer
1. Transfer (District Initiated)
An employee may be transferred within a department or between
departments from a classified position to another classified position in
the same pay grade with the prior approval of the Director of Human
Resources and the appointing authorities, when such transfer is
considered to be in the best interest of the District.
2. Transfer (Employee Initiated)
An employee may request a transfer to an existing vacancy for which the
employee is qualified. The employee shall be appointed to the position if
selected from an appropriate eligibility list.
g. Appointment Through Reinstatement
A vacancy may be filled through the reinstatement of a former classified
employee who had acquired regular status in the District's classified service
prior to his/her resignation, retirement, dismissal, or special leave, or
acceptance of an unclassified position in the District, provided that:
1. Reinstatement shall be effected within two (2) years from the last day of
work performed in the former position.
2. The former employee is fully qualified for the position to which
reinstatement is proposed.
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3. The individual will not derive greater rights or privileges as a result of
the reinstatement, than if he/she had continued as a regular employee.
4. The restoration or recall rights of other employees will not be violated.
5. The Director of Human Resources certifies such former employee is
qualified and eligible in all respects for reinstatement.
6. Reinstatement from military leave after service will be in accordance with
Rule 14.6.
7. No unclassified employee may appoint himself or herself to a classified
position through reinstatement.
h. Appointment From Original Appointment List
Upon the receipt of a request to fill a position from an appointing authority, and
there being no other list from which to obtain a qualified person, the Director of
Human Resources shall certify up to ten (10) names having the highest final
ratings from the original appointment list. If there are five (5) names or less on
the eligibility list, the appointing authority may decline the certification. An
appointing authority may elect at any time to leave a position vacant rather than
appoint from the eligibility list.
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i. Appointments of Limited Duration
Appointments of limited duration may be made to certain types of vacant
positions in the classified service as specified below:
1. Temporary Appointments
When a position in the classified service is limited in duration,
certification shall be limited to the highest ranking individuals on an
eligibility list who will accept employment under such conditions. No
temporary appointment shall be made for more than a total of six (6)
months, either continuously or intermittently, in any twelve (12) month
period.
2. Emergency Appointments
When an emergency makes it necessary to immediately fill a classified
position in order to prevent stoppage of public business or loss, hazard,
or serious inconvenience to the public, and it is impossible to promptly
fill such position under any other provision of these Rules, an
appointing authority may appoint any qualified person to such position
without certification from an eligibility list. Any such person shall be
employed only during such emergency, and any such appointment shall
automatically end ninety (90) days from the date of appointment. If the
emergency continues, the appointment may be extended an additional
ninety (90) days, but no individual may be given more than one such
appointment in any twelve (12) month period.
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3. Provisional Appointments
When an appointing authority finds it essential to fill a vacancy in a
position subject to these Rules, and the Director of Human Resources is
unable to certify an individual for such vacancy because there is no
appropriate eligibility list, or because there is an insufficient number of
names on appropriate eligibility lists who are available for appointment,
and there is insufficient time to conduct an examination to establish an
eligibility list, the Director of Human Resources may authorize the
filling of the vacancy by a provisional appointment. A provisional
appointment shall be terminated two (2) calendar weeks after the
Director of Human Resources notifies the appointing authority that
he/she is able to certify the proper number of names from an appropriate
list.
6.3 OVERLAP OF INCUMBENTS
When the needs of the District justify such action and when the appointing authority
determines that adequate funds are available, an established classified position which is
about to become vacant may be jointly occupied by a second incumbent for the purpose
of training the new appointee.
6.4 CERTIFICATION OF INDIVIDUALS FROM ELIGIBILITY LISTS
a. Order of Certification
Individuals on eligibility lists shall be certified for vacancies occurring in a job
title in order of receipt of requests for certification for employees. Individuals on
39
eligibility lists shall be certified from the appropriate eligibility list without
regard to sex, except that an appointing authority may request and receive
selective certification limited to one sex, provided the reason supporting such
request is submitted in writing and approved by the Director of Human
Resources as a bona fide occupational qualification.
b. Certification From Related Lists
In the absence of an eligibility list established for the job title , whenever there
are insufficient names on a eligibility list to make a complete certification, the
Director of Human Resources may certify, or augment a certification, from
eligibility lists for higher job titles to vacancies in lower job titles, or from
eligibility lists for one job title to vacancies in another job title , where he/she
determines that the examination conducted therefore reasonably measures the
ability of the individual to perform the duties of the job title to which
certification is made.
c. Physical Examinations
The Director of Human Resources may establish physical examination
requirements for any job title or classified position. Physical examinations shall
be conducted by regularly licensed practitioners of medicine or surgery selected
by and at the expense of the District to assure that applicants are capable of
performing the essential functions of the respective position with or without a
reasonable accommodation.
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RULE 7
PROBATIONARY PERIOD
7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD
Initial service with the District or initial service in a position shall constitute a
probationary period which shall be an integral part of the examination process and
shall be utilized to observe and evaluate an employee's ability and willingness to
satisfactorily perform the duties of the position.
a. Original Appointment Probation
A minimum of six (6) months of service following original appointment under
the provisions of these Rules shall constitute an original appointment
probationary period. During this period, an employee must demonstrate ability
and willingness to efficiently perform the duties of his/her position and must
display habits and dependability which merit his/her continuance in the
District’s service.
b. Probation Following Promotion
A minimum of six (6) months of service in a classified position to which an
employee has been promoted under the provisions of these Rules shall constitute
a promotion probationary period during which the employee must demonstrate
his/her competency and willingness to satisfactorily carry out the duties and
responsibilities of the position to which he/she has been promoted.
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c. Probation Following Demotion
A minimum of six (6) months of service in a lower position to which an
employee has been demoted (either voluntarily or involuntarily) shall constitute
a demotion probationary period, except that if the employee is demoted to a
position in the same general class as the position held immediately prior to
demotion, the appointing authority may waive the probationary period
following demotion.
d. Probation Following Transfer
An employee who requests a transfer and is selected from an eligibility list shall
be required to serve a minimum of a six (6) month probationary period in the
new position. A regular employee who is transferred pursuant to a District
initiated transfer shall not be required to serve a probationary period in the new
position.
e. Probation Following Reinstatement
An employee reinstated to a classified position in accordance with Rule 6.2 g.
shall not be required to serve a probationary period if reinstated to a position for
which a probationary period has been successfully completed.
7.2 COMPUTATION OF THE PROBATIONARY PERIOD
a. Computation of the probationary period may include up to three (3) months of
provisional or temporary service in the job title immediately prior to original
appointment to that job title and without break in service in that job title .
42
b. Computation of the probationary period shall include all probationary service
in the job title of an employee who was laid off during his/her probationary
period and subsequently recalled or restored to the same job title.
c. Computation of the probationary period shall include all probationary service in
the job title of an employee who while serving his/her probationary period,
displaced another in lieu of layoff and was restored.
7.3 EMPLOYEE EVALUATION DURING PROBATION
Any individual selected for appointment in accordance with these Rules is presumed to
possess the skills and character traits necessary for satisfactory performance of the
position to which he/she is appointed. Appointing authorities should develop and
maintain on a monthly basis whatever evaluation procedures and records are necessary
to verify these qualifications during the probationary period. In order to properly
evaluate the certification process, the Director of Human Resources may request that
an employee performance appraisal be conducted at least within three (3) months and
again prior to the expiration of the probationary period.
7.4 REMOVAL DURING PROBATIONARY PERIOD
During any probationary period, an appointing authority may remove an employee if,
in his/her judgment, such employee has demonstrated inability or unwillingness to
satisfactorily perform the duties of the position or that his/her habits or dependability
do not warrant his/her continuance in the District service or in the position. An
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employee has no right of appeal to the Commission from the decision to remove
him/her.
7.5 RETENTION OF EMPLOYEE AFTER PROBATION
An employee shall automatically pass the probationary period, unless the appointing
authority has notified the Director of Human Resources, prior to expiration of the
probationary period, either:
(1) That the services of the employee are unsatisfactory and that the appointing
authority will not continue the employee in his/her position after expiration of
the probationary period; or
(2) That the appointing authority has given written notification to the employee
that the probationary period has been extended for a specified period (not to
exceed six (6) months), setting forth in detail the traits or skills which need
improvement.
7.6 FOLLOWING REMOVAL DURING PROMOTIONAL OR TRANSFER
PROBATIONARY PERIOD
An employee who does not successfully complete a promotional or transfer
probationary period shall be placed as follows:
a. In an existing vacancy in the job title in the department occupied immediately
prior to the start of his/her promotional or transfer probationary period.
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b. If no vacancy exists as described in subparagraph a. above, to any vacant
classified position in the same pay grade for which the employee is deemed
qualified.
c. If no vacancy exists as described in subparagraphs a. and b. above, the employee
shall temporarily perform duties of a position for which the employee is
qualified until an appropriate vacancy is available, for a period not to exceed six
(6) months.
7.7 FOLLOWING REMOVAL DURING DEMOTIONAL PROBATIONARY PERIOD
An employee who does not successfully complete a demotional probationary period
shall be placed as follows:
a. In any vacant classified position in the same pay grade as the position held
immediately after the demotion for which the employee is deemed qualified.
b. If no vacancy exists as described in subparagraph a. above, the employee shall
temporarily perform duties of a position for which the employee is qualified
until an appropriate vacancy is available, for a period not to exceed six (6)
months.
7.8 PROMOTION DURING PROBATION
The serving of a probationary period shall not of itself prevent an employee from being
promoted to a classified position in a higher job title, provided he/she is certified from
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an appropriate list. The probationary period of the position to which he/she is
promoted shall be as provided in Rules 7.1 and 7.2.
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RULE 8
EMPLOYEE CONDUCT AND RELATIONS
8.1 DISCRIMINATION AND FAVORITISM PROHIBITED
No person in the classified service, or seeking admission thereto, shall be appointed on
any basis or for any reason other than qualifications, merit and fitness. No person shall
be dismissed, demoted or suspended without just cause; or because of race, age, sex,
creed, color or disability unrelated to performance of the position; or because of his/her
political, religious or union affiliations, except affiliations with any group or
organization which seeks or advocates the overthrow of the government of the United
States by force or violence.
8.2 POLITICAL ACTIVITIES
a. Political Contributions
No employee in the classified service shall directly or indirectly solicit, receive,
or be in any manner concerned in soliciting or receiving any assessment,
subscription, or contribution (defined as including money, property or other
items of value) for any political party, club or organization, or any political
purpose whatsoever, nor shall any such employee be required to make any
contribution, under any circumstances, for any political purpose.
b. Political Speeches and Campaigning
No employee in the classified service shall take any part in the management of
any partisan political party or of any partisan election, or accept appointment as
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an officer of a partisan political party, club, or organization, or circulate or seek
signatures to any petition for nomination to any partisan public office, or act as a
worker at the polls unless so ordered by the Board of Election Commissioners, or
distribute badges, labels, publicity, or insignia favoring or opposing a candidate
for partisan nomination or election, whether federal, state, county or municipal.
c. Political Rights of Employees
No provision in the Charter or in these Rules shall be construed to prohibit or
prevent any employee in the classified service from becoming, or continuing to
be, a member of a political party, club or organization, except affiliations with
any group or organization which seeks or advocates the overthrow of the
government of the United States by force or violence. Nor shall any classified
employee of the District be denied attendance at political meetings, from
enjoying entire freedom from all interference in casting his/her vote, or from
seeking or accepting appointment or election to public office, provided that no
such employee shall hold office in any political party, club or organization, and
provided further that no such employee shall conduct a campaign for
nomination or election to partisan public office unless he/she shall first resign or
enter on a leave of absence, as provided by these Rules.
d. Partisan Political Candidacy
No employee in the classified service shall become a candidate for any elective
partisan public office without first resigning his/her position or obtaining a
leave of absence without pay or accrual of vacation leave and other benefits
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provided by the District prior to making a formal announcement that he/she is
seeking nomination or election, beginning the solicitation of votes, or filing or
otherwise qualifying as a candidate for nomination or election, whichever is
earlier. Such leave of absence shall extend through the campaign period and
until it has been officially declared that the candidate has been elected, in which
case the leave of absence must be terminated and a resignation submitted. If a
candidate, while on such leave of absence, is defeated at such election, he/she
may request reinstatement to his/her position in the classified service provided
that a vacancy exists.
e. Non-Partisan Political Candidacy and Office
Upon written determination by an employee's appointing authority and the
Executive Director that an office and candidacy is non-partisan and will not
conflict with the employee's employment with the District, an employee may
become a candidate for and hold a public office provided that: (i) the employee's
action is voluntary, without coercion from supervisors or appointing authority;
(ii) the employee performs the activities related to the non-partisan office or
candidacy on the employee's own time; (iii) the employee does not put
himself/herself forth as a representative of the District (including wearing a
District designated uniform or District identification) in performing the
activities related to the non-partisan office or candidacy; and (iv) the election or
office remains non-partisan.
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f. Authority for Opinions on Political Activity
When in doubt as to whether a proposed activity is banned as political in nature
or could be construed to be a conflict of interest, an employee may seek an
opinion from the General Counsel before engaging in such activity.
8.3 CONFLICTING EMPLOYMENT
No employee shall receive compensation other than from the District if the receipt of
such compensation either: (1) interferes with, or is reasonably likely to interfere with, the
proper performance of the employee's functions or duties with the District, or (2)
creates, or is reasonably likely to create, a conflict between the interests of the District
and the provider of the compensation. Prior to receipt of compensation from a source
other than the District and at any time after request by the employee's appointing
authority, the employee shall give his/her appointing authority full information
relating to the terms and conditions pertaining to such compensation. If the appointing
authority determines the employee is, or would be, in violation of the provisions of this
Rule, the appointing authority shall take appropriate action.
8.4 FINANCIAL INTEREST
No classified employee of the District shall have a financial interest, direct or indirect,
in any contract with the District, or be financially interested, directly or indirectly, in the
sale to or by the District of land, materials, supplies, or services, except on behalf of the
District as an officer or employee.
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8.5 RELATIVES
No person shall be employed in any classified position in which he/she works in
regular contact with any member of his/her immediate family or a person with whom
he/she resides; supervises or receives supervision from any member of his/her
immediate family or a person with whom he/she resides or deals with the payroll of or
has his/her payroll dealt with by any member of his/her immediate family or any
person with whom he/she resides. No person shall be employed in any classified
position in the Human Resources Department while any member of his/her immediate
family or a person with whom he/she resides is in the employ of the District, and no
person shall be employed by the District while any member of his/her immediate
family or a person with whom he/she resides is employed in the District's Human
Resources Department. The Executive Director is authorized to determine the
appropriate action to accomplish compliance with this section.
8.6 ATTENDANCE AND REPORTS OF ABSENCE
All employees in the classified service shall be in attendance at their work during their
regularly-scheduled working hours, subject to other provisions of these Rules.
Employees shall notify their immediate supervisor or other designated persons of their
inability to report to work no later than their regularly-scheduled starting time. Failure
to give such notice without good reason shall subject the employee to loss of pay for the
period of absence. An employee who is absent from work three (3) or more consecutive
working days without notice shall, unless he/she is incapable of providing such notice,
be considered as having resigned from District service.
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8.7 CHANGE OF EMPLOYEE INFORMATION
All employees shall notify their supervisors of any changes to required information such
as street and mailing address, telephone number, etc.
8.8 MEDICAL EXAMINATIONS AND INQUIRIES
The District may require a medical examination (and/or inquiry) of an employee which
is job related, consistent with business necessity and consistent with District policies.
The District may make inquiries into the ability of an employee to perform job-related
functions.
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RULE 9
PERFORMANCE MANAGEMENT
9.1 ESTABLISHMENT OF SYSTEM
The Director of Human Resources shall develop a performance management system
covering the classified personnel of the District. The Director of Human Resources shall
submit recommendations as to the types and methods of appraisal to the Commission
for its approval within the standards hereby established. No system of performance
appraisal shall be established without Commission approval.
9.2 PURPOSES OF SYSTEM
The purposes of the employee performance management system are as follows:
a. To provide procedures whereby uniform methods of evaluating employees are
used to improve the effectiveness of the work force.
b. To strengthen supervisor-employee relationships.
c. To record for the employee’s benefit those areas, which in the judgment of the
supervisor, either merit commendation or require improvement.
d. To assist in establishing eligibility for pay increases.
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e. To evaluate the performance of employees serving probationary periods.
f. To assist in establishing eligibility for promotion.
g. To assist in the selection of employees for specialized training.
9.3 FREQUENCY OF PERFORMANCE APPRAISAL
An employee performance management system shall provide for the frequency of
appraisals as follows:
a. Performance Appraisals of Regular Employees
The work of classified regular employees shall be appraised at least annually,
and may be appraised on an interim basis at the discretion of the appointing
authority or the Director of Human Resources.
b. Performance Appraisals of Probationary Employees
The work of probationary employees shall be appraised at intervals during the
probationary period and immediately prior to the completion of the
probationary period, as defined in Rules 7.1 and 7.2.
c. Performance Appraisals of Temporary Employees
The work of temporary employees may be appraised at the discretion of the
appointing authority or the Director of Human Resources.
9.4 ADMINISTRATION OF SYSTEM
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An employee performance management system shall provide for:
a. Preparation of such appraisals by supervisors on the form and at the times
designated by the Director of Human Resources. A copy of each such appraisal
is to be forwarded to the Director of Human Resources for inclusion in the
employee's personnel file.
b. Mandatory provisions for discussion, between the employee and the supervisor
doing the appraisal, of appraisals which become a part of the employee's
permanent record along with any comments by the employee on the appraisal.
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RULE 10
PERSONNEL FORMS, RECORDS AND REPORTS
10.1 PERSONNEL FORMS
The Director of Human Resources shall prescribe personnel forms for maintenance of
employee records and shall inform all department heads which personnel transactions
must be reported.
10.2 PERSONNEL RECORDS
The Director of Human Resources shall be responsible for the maintenance of all
personnel records and for records associated with the administration of the merit
system.
a. Examination Records
The Director of Human Resources shall establish a records disposal plan for all
types of examination records, applications and test materials. The plan shall
stipulate optimum retention periods for the various types of records, so that the
interests of the District and the rights of applicants and employees shall be
preserved consistent with applicable local, state and federal regulations
b. Department Personnel Records and Reports
Each department shall maintain and promptly provide to Human Resources all
employee records in such form and content as shall be specified by the Director
of Human Resources after consultation with department directors.
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c. Director of Human Resources Records and Reports
The Director of Human Resources shall prepare and maintain records for each
employee, which include, but are not limited to, an employee’s personal
information, job history, salary history, annual leave accrual, and any other
pertinent data. At least annually, the Director of Human Resources shall prepare
and submit to the Commission a report in such form and on such dates as shall
be specified by the Commission on all personnel matters within the jurisdiction
of the Commission.
e. Availability of Personnel Records
The Director of Human Resources shall comply with applicable provisions of
law relating to inspection and copying of personnel records containing
information relating to the character and reputation of employees or of
applicants for employment; files, statements, reports, correspondence and other
materials in connection with and related to investigation conducted under these
Rules; and medical records and examination materials, including test questions,
data and examination papers and records relating to competitive examinations
conducted and held by the Director of Human Resources.
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RULE 11
LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION
11.1 SENIORITY
Every regular employee shall have seniority of employment in the classified service
except as otherwise provided in these Rules.
11.2 LAYOFF
a. When Permitted
An appointing authority, with Executive Director approval and upon
notification to the Director of Human Resources, may lay off an employee when
necessary for reasons of shortage of work or funds, the abolition of the position,
material change in the duties of the position through reorganization or for other
related reasons which are outside the employee's control, and which do not
reflect discredit on the service of the employee. An appointing authority shall
furnish to the Human Resources Director a detailed description of the essential
qualifications, experience, knowledge, licenses and skills of all positions prior to
the layoff.
b. Order of Layoff
1. Temporary, emergency and provisional employees shall be terminated
from the District prior to any regular employee being laid off from a
position in the general class of the temporary, emergency and
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provisional employee. Regular employees shall be laid off according to
seniority, with the most recently appointed employee to be laid off first.
2. With respect to layoff, restoration and recall, “seniority” means status
attained by an employee as a result of continuous service.
Computation of seniority shall not include time worked in excess of the
employee's regular work schedule.
If two or more employees have the same seniority, the employee with the
earliest application receipt date shall be deemed the senior employee. If
employees have the same seniority and the same application receipt date,
the Human Resources Department shall use a lottery system to determine
the relative seniority between those employees.
3. The layoff procedure shall be by job titles within a department.
c. Notice of Layoff
After consulting with the Director of Human Resources, the appointing
authority shall give fourteen (14) days advance written notice of layoff to the
Director of Human Resources and the employee, and shall certify therein that
the layoff is for reasons not reflecting discredit on the employee.
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d. Position After Layoff
An employee laid off while occupying a position obtained through recall,
displacement or restoration shall be deemed to have been laid off from the
position held immediately prior to the earliest layoff or displacement.
11.3 DISPLACEMENT
a. Procedure
An employee who is to be laid off may displace the least senior employee in
his/her own department serving in the same job title. If an employee who is to
be laid off cannot displace another employee in his/her own department serving
in the same job title , he/she may displace the least senior employee in the next
lower job title in the same general class in his/her department in which there
is an employee less senior than the employee. If all displacement rights within
his/her own department have been exhausted, an employee who is to be laid off
may displace the least senior employee in the same job title in the District who
has less seniority than the employee or if still unable to displace, an employee
who is to be laid off may displace the least senior employee in the next lower job
title in the same general class in the District; provided, however, that if the
displacing employee had one or more potential displacement opportunities in
his/her own department but lacked the seniority to achieve the displacement,
then he/she shall not be placed in another department in any job title higher
than the lowest job title for which there was a potential displacement
opportunity in the employee's original department.
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b. Failure to Meet Qualifications or Requirements
If it is deemed by the Human Resources Director that the displacement rights of
an employee place him/her in a job title in which he/she does not meet the
special training, knowledge, skill or licensure requirements of a position, such
employee will be afforded the opportunity to decline placement to that job title .
In this situation only, the employee will be placed in the next lowest job title in
which there is a displacement opportunity and the special skill requirements are
met.
c. Evaluation After Displacement
After displacing another employee, an employee must be able to successfully
perform the duties of the position. Within sixty (60) days after displacement, the
appointing authority may evaluate the performance of the employee and if an
employee fails to successfully perform the duties of the position, he/she shall be
laid off from the position held prior to displacement.
11.4 RESTORATION/RECALL
a. Procedure
The District will make all reasonable efforts to restore those employees who
displaced other employees to their original classification if the District
determines that the circumstances which caused the displacement no longer
exist. The District will give displacing employees priority, by seniority, over
other displacing employees in accordance with Rules 5 and 6. The District will
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give priority to displacing employees over employees on the recall list in
accordance with Rules 5 and 6.
The District will make all reasonable efforts to place a laid off employee in the
original classification previously held by that employee if the District
determines that the circumstances which caused the layoff no longer exist. The
District will give recalled employees priority, by seniority, in accordance with
the provisions of Rules 5 and 6.
b. Evaluation After Recall
Within sixty (60) days after recalling an employee to any position other than the
position held by the employee immediately before any displacement or layoff,
the appointing authority may evaluate the performance of the employee, and if
the employee fails to successfully perform the duties of the position, the
employee will be laid off from the employee's position held immediately prior to
any displacement or layoff.
c. Evaluation After Restoration
Within sixty (60) days after being restored to any position, other than the
position held by the employee immediately before any displacement or layoff,
the appointing authority may evaluate the performance of the employee and, if
an employee fails to successfully perform the duties of the position, the
employee shall be placed in the job title occupied immediately prior to the
restoration or in any lower job title in his/her general class for which the
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employee is qualified. The employee's salary shall be the same as the salary
received immediately prior to restoration. The employee may be assigned
temporary duties as the appointing authority directs.
11.5 DISABILITY
An employee may be separated from the District service for disability when he/she
cannot perform the essential job functions with a reasonable accommodation or when
the accommodation would impose an undue hardship on the operation of the business
of the District.
11.6 DISCIPLINARY ACTION
All District employees will be subject to disciplinary action as provided for by District
policies and these Rules.
a. Types of Disciplinary Action
1. Reprimand
An appointing authority or his/her designee may issue an oral or
written reprimand to an employee for disciplinary reasons. The
appointing authority or his/her designee shall report any written
reprimand, and should make a record of any oral reprimand as part of
the employee’s service record by forwarding a written memorandum to
the Director of Human Resources for inclusion in the employee’s file and
provide a copy of the memorandum to the employee. The document
should describe the occurrence(s) and summarize the action taken or
recommended to correct the situation.
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2. Suspension
An appointing authority may suspend an employee with or without pay
for disciplinary reasons. Such suspensions shall not exceed ten (10)
working days for one offense. Receipt of suspensions totaling more than
thirty (30) working days in any twelve (12) successive months shall be
deemed a dismissal.
3. Demotion
An appointing authority may demote an employee to a position in a
lower pay grade for which the employee is qualified when dismissal is
not considered appropriate.
4. Dismissal
An appointing authority may dismiss an employee when discipline fails
or when an employee commits a serious violation of District policies or
these Rules.
b. Reasons For Which Disciplinary Action May Be Taken
The following reasons shall constitute sufficient cause for disciplinary action,
although such action may be based upon reasons other than those enumerated.
1. Willful violation of the provisions of the Charter, these Rules, or policies
of the District.
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2. Failure to perform assigned functions and duties in a timely, efficient and
competent manner.
3. Failure to attain or maintain required levels of training, knowledge and
skill, and all required licenses.
4. The employee has been careless or negligent in the use or care of District
property or has, without authorization, used or allowed the use of
District property for personal benefit or the benefit of others.
5. Conduct which interferes with the efficient operation of a department
including, but not limited to, the following: excessive absenteeism and/or
tardiness; leaving the job without permission; sleeping or loitering while
on duty; failure to report absences.
6. Refusal to perform a reasonable amount of overtime when directed to do
so by a proper supervisor.
7. Failure of an employee on stand-by duty to be available for and/or
respond to a call for emergency duty.
8. Abusive or offensive conduct or language toward fellow employees,
supervisors, or the public; fighting or horseplay while on duty.
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9. Unauthorized possession of a weapon on District property or while on
duty.
10. Theft, attempted theft, or unauthorized removal of District property, or
property of fellow employees.
11. In accordance with the Substance Abuse Policy, having alcohol in one’s
system in excess of the levels prescribed in the District’s Substance Abuse
Policy when reporting for duty, on duty or on District premises;
possession of opened container(s) of alcohol while on District property or
while on duty is prohibited. Having sealed container(s) of alcohol on
District premises must have permission from a supervisor and are
prohibited in District vehicles at any time.
12. In accordance with the Substance Abuse Policy, the unlawful
manufacture, use, possession, distribution, sale or offering for sale of any
drug not legally obtainable or not legally obtained or used while on duty
or on District property or having such drugs in one's system while on
duty.
13. Criminal, dishonest, scandalous or disgraceful conduct on or off duty
where such conduct reflects unfavorably upon the District.
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14. Violation of any reasonable official order; failure to carry out or willful
refusal to obey any lawful and reasonable directions made and given by a
proper supervisor; insubordination; violation of any departmental or
District policy.
15. Falsification of District records, documents, reports, time cards or work
schedules; or falsification of material fact in application for employment
or in examination.
16. If any employee shall willfully refuse to testify or answer any questions
relative to the matter being heard by the Commission on any grounds, or
knowingly gives false testimony, he/she shall be dismissed from the
classified service.
17. Violation of other reasonable rules or regulations governing conduct
which may be promulgated by the District.
c. General Provisions
1. Nothing in this section shall be construed to supplant or in any way affect
any prosecution that may be initiated under any other provision of public
law relating to the nonfeasance, malfeasance, or misfeasance of public
officers.
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2. Disciplinary action shall be determined by the Executive Director, the
appointing authority or Director of Human Resources. Such action shall
be commensurate with the offense.
11.7 NOTIFICATION OF SEPARATION AND DISCIPLINARY ACTION
A regular employee in the classified service who shall be discharged, demoted, or
suspended shall be presented, either in person or by certified or registered mail to the
last known address, with written reasons for the District's action within five (5)
workdays after the effective day of the District's action. The appointing authority, in
any such case, shall give the employee a written statement setting forth in substance the
reasons therefore and shall file a copy of such statement with the Director of Human
Resources.
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RULE 12
CLASSIFICATION PLAN
12.1 EXISTING PLAN RESERVED
The adoption of these Rules shall not repeal the existing classification plan, which was
adopted under Rules hereby superseded. Proposed amendments to any existing
classification plan, when approved by the Commission, shall be submitted to the Board
and shall become effective upon the effective date of the ordinance authorizing the
amendment.
12.2 ADMINISTRATION OF CLASSIFICATION PLAN
a. Allocation of Positions
The Director of Human Resources shall allocate each position in the classified
service to its appropriate job title, placing in each such job title those positions
which are substantially so similar with respect to difficulty, responsibility, and
character of work as to require generally the same kind and amount of training
and experience for proper performance and placement within the established
salary range for the job title.
In making such allocations, he/she shall provide for the uniform application of
the classification plan to positions under different appointing authorities.
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b. Establishment of Positions
The request for a new classified position shall be initiated by the appointing
authority in the manner and on the form specified by the Director of Human
Resources. No person shall be appointed to, employed or paid in a new position
in the classified service until the position has been approved by ordinance and
allocated to an appropriate job title and the Director of Finance has certified as
to fund availability.
c. Reallocation of Positions
Whenever the Director of Human Resources finds that a classified position has
been improperly allocated or reallocated or that the duties of an existing
classified position are so changed that the position in effect has become one of a
different job title from that to which it is allocated, the Director of Human
Resources shall allocate or reallocate the position to the appropriate job title.
Such allocation or reallocation shall operate to abolish the existing position and
to create a new position of the appropriate job title.
d. Status of Incumbent When Position is Reallocated
An employee who is occupying a classified position which is reallocated to a
different job title shall continue in the position, except, that in any case in which
a classified position is reallocated to a higher pay grade, the incumbent of such
position may attain regular status in the job title only if he/she achieves a
satisfactory grade on a qualifying examination of fitness for the job title to
which his/her position was reallocated. If a reallocation results in the
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assignment of a classified position to a job title in an equal or lower pay grade ,
the incumbent may continue to hold the position if he/she meets the minimum
requirements for the new job title .
e. Review of Allocation and Reallocation
If an employee or appointing authority believes that a classified position has
been improperly allocated or reallocated, that there is a need for a new job title,
or that the duties of an existing classified position are so significantly changed
that the position in effect has become one of a different job title, and that the
duties have been performed for at least one year, he/she may ask that the
Director of Human Resources review the classified position. The Director of
Human Resources may hold a special hearing to determine the facts in each
case, and shall make his/her decision on the basis of the written statement and
information submitted by the employee and appointing authority and on the
facts brought out in the hearing.
12.3 JOB DESCRIPTIONS AND CLASSIFICATION
a. Contents of Job Descriptions
The Director of Human Resources shall prepare and maintain current written
job descriptions for all job titles in the classification plan. Each of the job
descriptions shall include: the job title code; the designation of the general class
into which the job title falls; the job title; a general statement of the main
characteristics of the job title; typical examples of duties of positions in the job
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title; minimum qualification and requirements in terms of training, experience,
knowledge, skill, ability and applicable licenses.
b. Interpretation of Job Descriptions
The statements in the job descriptions shall be descriptive and definitive of the
nature of the work. The job descriptions are not to be so strictly interpreted as to
limit the authority of an appointing authority to assign, direct and control the
work of employees under his/her supervision. The use of a particular expression
or illustration in describing the duties shall not be held to exclude other tasks not
mentioned that are of similar kind, level or scope, nor shall any specific omission
necessarily mean that such factor is not included. All job descriptions shall be
interpreted so as to allow incidental performance of duties of similar job titles of
an equal or lower pay grade and to permit, on an occasional or incidental basis,
the supervision of a small number of employees of a lower pay grade.
c. Use of Job Descriptions in Allocation and Reallocation
In determining the job title to which a classified position should be allocated or
reallocated, the description of such job title shall be considered in its entirety
and in relation to the descriptions of other job titles in the classification plan.
d. Use of Minimum Qualifications Statements
The minimum qualification statements in each job description establish
minimum standards which must be met by any individual before he/she may be
considered for any appointment in the classified service. Common alternative
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combinations of education, training, or experience may be considered qualifying
if deemed equivalent by the Director of Human Resources. In addition to the
qualification requirements enumerated in the job descriptions, all job titles shall
be deemed to require ability to perform the essential job functions (with or
without reasonable accommodation) for the position being considered.
12.4 USE OF STANDARD PROCEDURE OF JOB ANALYSIS
A standard procedure of job analysis accepted and approved by the Commission shall
be used to determine the job title of each classified position. Should a subsequent
procedure be adopted with the approval of the Commission, such new procedure must
be applied to all positions in the classified service. The intent of this provision is to
assure that all classified positions shall be assigned to job titles through the use of
identical criteria.
12.5 USE OF JOB TITLES AND CODES
Job titles and/or job title codes shall be used to designate allocated positions in all
official records, vouchers and payrolls. No person shall be appointed to, employed, or
paid in a position in the classified service, unless or until the position has been
approved and properly allocated to a job title established under these Rules.
12.6 MAINTENANCE OF CLASSIFICATION PLAN
The Director of Human Resources shall ascertain at the time of establishment or
modification of a classified position, and periodically for all classified positions, the
duties, authority, and responsibility of the position through position analysis and
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consultation with the appointing authority or his/her designee(s), and, as necessary,
with the incumbents of positions under analysis.
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RULE 13
COMPENSATION PLAN
13.1 COMPENSATION PLAN
The compensation of all classified employees shall be established within the salary
ranges of the appropriate pay grades prescribed by ordinance for the respective job
title, or other compensation prescribed by ordinance, subject to the provisions of this
Rule. Wage adjustments affecting the minimum and maximum rates of the salary
ranges will be approved by the Commission and the Board of Trustees, taking into
consideration wages and working conditions offered by comparable employers
operating within the District.
13.2 BASIS OF PAY RATES
a. Compensation of Full-Time Employees
All classified regular and probationary full-time employees shall be paid
biweekly or hourly rates within the salary ranges prescribed for their respective
job titles, subject to other provisions of this Rule. Biweekly rates are based on
full-time employment on normal work schedules as specified for the various job
titles.
b. Compensation of Temporary Employees
Temporary appointees shall be paid for the number of hours worked at the
hourly rates equivalent to the pay grade of the salary range specified for their
respective job titles. The Director of Human Resources, after conferring with
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the appointing authority, shall determine the appropriate rate within the pay
grade.
1. Hourly and Daily Rates of Temporary Employees
On certification by an appointing authority that the permanent
employment of certain employees under his/her jurisdiction is not
feasible because of the temporary or intermittent nature of the work, or
because of the nature of the duties of the position, the Executive Director
may authorize the payment of hourly, daily or per performance rates for
the positions occupied by the employees concerned. Such employees
shall not be entitled to take leave and other benefits granted regular
employees. Such employees shall, in the absence of notice not to report,
be paid for at least two (2) hours of work when they report for work on
time; four (4) hours if work is started but discontinued for reasons
beyond the control of the employee before one-half (½) workday is
completed; and eight (8) hours if work is started but discontinued for
reasons beyond the control of the employees after one-half (½) workday
is completed.
13.3 PAYMENT OF COMPENSATION
All compensation for positions in the classified service shall be paid biweekly. Salary
adjustments resulting from step or merit increases, promotions, demotions,
reallocations, displacements and restorations shall become effective at the beginning of
the pay period during which the action becomes effective. In the event that an employee
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is separated from the District, is laid off or has been employed for temporary or
emergency work, the Director of Human Resources may authorize that the employee be
paid upon separation, layoff or cessation of temporary or emergency work without
waiting for the regular biweekly pay date of the District.
13.4 ENTRANCE PAY RATES
a. Starting Rate on Initial Employment
Original appointment to any classified position within the B Schedule shall
normally be made at the entrance rate of the salary range. Original appointment
to any classified position within the A or C Schedules shall normally be made
within the first quartile of the salary range. However, upon recommendation of
the appointing authority and the Director of Human Resources, and with
approval of the Executive Director, original appointment may be made at a
higher rate if the appointee has exceptional qualifications, or qualified candidates
are not available at the entrance rate or within the first quartile. All incumbents
of the job title involved who are equally qualified and are receiving a lower rate
shall have their rates increased to the rate established for the new employee.
b. Starting Rate on Reinstatement
An employee reinstated to the same job title, except one returning from military
leave, may be paid a rate in the salary range corresponding to the relative level
attained within the salary range at the time of his/her resignation, retirement,
dismissal, special leave or acceptance of an unclassified position in the District.
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c. Starting Rate on Return from Military Leave
An employee reinstated from military leave to a classified position previously
held, or to a similar classified position at the same grade, shall be paid at the
rate within the salary range to which he/she would normally have been
advanced had he/she not been placed on military leave.
d. Starting Rate of Displacing Employees
If an employee displaces another employee in a lower job title, the employee's
pay rate shall be adjusted as follows:
Pay Schedule B
Employees in Pay Schedule B who are displaced to a position in a lower job title
shall receive the highest rate of pay in the lower salary range which is less than
their rate immediately prior to displacement.
Pay Schedules A and C
Employees in Pay Schedules A and C who are displaced to a position in a lower
job title shall have their salary reduced to the lower of the following rates: (1)
95% of the employee's salary immediately prior to displacement; or (2) the
highest rate which does not exceed the top of the range for the position to which
the employee is being displaced.
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e. Starting Rate on Restoration
1. Original Position
When an employee is restored to the position he/she occupied
immediately prior to displacement or layoff, his/her pay rate shall equal
the following amount:
For Schedule B Employees
The rate of the grade and step occupied by the employee immediately
prior to displacement or layoff.
For Schedules A and C Employees
The employee's salary rate immediately prior to displacement or layoff
plus all Board approved wage adjustments, if any, calculated with respect
to the employee's rate immediately prior to displacement.
2. Position Lower Than Original Position
When an employee is restored to a position lower than his/her position
immediately prior to displacement or layoff, his/her pay rate shall equal
the following amount:
For Schedule B Employees
The rate for the highest grade and step for the position to which the
employee is restored which is less than the employee's grade and step
immediately prior to displacement or layoff.
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For Schedules A and C Employees
The highest rate for the position to which the employee was restored
provided, however, that said rate does not exceed 95% of the employee's
salary immediately prior to displacement or layoff as adjusted by Board
approved wage adjustments, if any.
f. Starting Rate on Recall
1. Original Position
When an employee is recalled to his/her position occupied immediately
prior to layoff, his/her pay rate shall equal the following:
For Schedule B Employees
The rate of the grade and step occupied by the employee immediately
prior to displacement or layoff.
For Schedules A and C Employees
The employee's salary rate immediately prior to layoff plus all Board
approved wage adjustments, if any, calculated with respect to the
employee's salary rate immediately prior to displacement or layoff.
2. Position Lower Than Original Position
When an employee is recalled to a position lower than his/her position
immediately prior to layoff, his/her pay rate shall equal the following:
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For Schedule B Employees
The rate for the highest grade and step for the position to which the
employee is recalled which is less than the employee's grade and step
immediately prior to displacement or layoff.
For Schedules A and C Employees
The highest salary in the salary range of the position to which the
employee is recalled, provided that such salary does not exceed 95% of
the employee's rate immediately prior to displacement or layoff as
adjusted by Board approved wage adjustments, if any.
g. Starting Rate on Promotion
The starting rate upon promotion shall be as follows:
1. An employee promoted to a classified position in Pay Schedule B shall
be placed in the lowest step in the higher salary range which will provide
the employee a minimum increase equivalent to one (1) regular pay
increment over the rate received immediately prior to promotion.
2. An employee promoted to a classified position in Pay Schedules A and C
shall be placed in a rate in the higher salary range which will provide the
employee with an increase of at least 5% over the rate received
immediately prior to promotion.
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h. Rate of Pay on Transfer or Reassignment
An employee assigned to a classified position not previously held, when such
change is not a promotion or demotion, shall receive the same rate in the salary
range as he/she had received in the previous classified position.
i. Rate of Pay on Demotion
An employee who is demoted to a classified position will receive any rate in the
lower salary range, designated by the appointing authority.
j. Rate of Pay Following Unsuccessful Promotional Probationary Period
An employee who does not successfully complete the probationary period
following a promotion, and who is returned to his/her former job title or to
another job title in the same pay grade, shall have his/her pay reduced to the
rate received immediately before the start of the promotional probationary
period plus all Board approved wage adjustments.
k. Rate of Pay on Reallocation
1. An employee occupying a classified position which is reallocated to a
job title in a salary range which has a higher maximum rate shall receive
a salary adjustment in accordance with Rule 13.4 g.
2. In the event of the reallocation of a classified position to a job title in a
salary range which has a lower maximum rate, the affected employee's
rate of pay shall not be reduced. However, if the employee's rate of pay is
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greater than the maximum rate for the job title to which the position has
been reallocated, the employee shall not be entitled to any salary increase
until the maximum rate of the job title exceeds the employee's rate of
pay.
3. Reallocation of a classified position from one job title to another job
title with the same maximum rate shall not affect the rate received by the
employee.
13.5 WORKING HOURS
a. Regular Working Hours
The Executive Director shall prepare a schedule of normal working hours per
week for each position in the District which, when approved by the
Commission, shall constitute the normal number of weekly hours of work. The
normal workday shall be not less than seven and one-half (7 ½) hours per day,
nor more than eight (8) hours per day, and the normal work week shall be five
(5) days per week unless other arrangements are submitted by Department
heads and agreed to by the Executive Director and the incumbents involved.
Department heads shall arrange the time for reporting to work, for lunch breaks,
and for quitting work of the employees under their supervision so that the
employees shall be actually engaged on duty for not less that the minimum
number of hours required.
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b. Overtime
Department heads may prescribe reasonable periods of overtime work to meet
operational needs. Such overtime work shall be authorized only when absolutely
necessary and only when it is in the best interest of the District, or necessary to a
department's efficient operation. Whenever possible and in the best interest of
the District, overtime shall be distributed equally among those employees in the
department, or other organizational unit, qualified to perform the work required.
Refusal to perform a reasonable amount of overtime when directed to do so by a
proper supervisor shall subject the employee to appropriate disciplinary action
including possible dismissal.
c. Eligibility for Overtime Compensation
Classified employees in job titles allocated to Pay Schedules A and B, shall be
eligible to be paid for authorized overtime work. Classified employees in job
titles allocated to Pay Schedule C shall not be entitled to be paid for overtime
work, unless so designated by District ordinance.
d. Eligibility for Compensatory Time
Classified employees in job titles allocated to Pay Schedule C shall not be
entitled to be paid for overtime work, unless so designated by District ordinance,
but may be granted compensatory time off in accordance with the District's
Overtime/Compensatory Time Policy.
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e. Calculation of Overtime
Overtime shall be calculated to the nearest one-tenth (1/10) of an hour. Only
overtime work which has been authorized by the department head shall be
recognized as compensable overtime work.
f. Compensation for Overtime Work
Employees assigned to classified positions in job titles allocated to Pay
Schedules A and B, and those employees in job titles allocated to Pay Schedule C
which are designated eligible for overtime compensation by District ordinance,
shall be paid one and one-half (1½) their regular rates of pay for all authorized
work performed in excess of forty (40) hours per week or, unless provided
otherwise in a revised schedule established pursuant to Rule 13.5 a., eight (8)
hours per day.
g. Reporting of Overtime Work
Each department head shall maintain departmental records of all authorized
overtime work.
h. Call-Back Pay
Classified employees in Pay Schedules A and B and classified employees in
Schedule C designated eligible for overtime pay who are called back to perform
work or render services outside their regular working hours shall, for each
occurrence, be paid a minimum sum equal to compensation for four hours at
the appropriate rate. Employees are not entitled to call back pay for any work
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performed during continuous periods contiguous with the employee’s regular
working hours. Meals shall not constitute an interruption of a contiguous period.
i. Stand-by Pay
Employees may be placed on a stand-by basis to provide services during
emergencies. Such stand-by duties shall consist of all off duty hours between 8:00
a.m. Tuesday and 8:00 a.m. the following Tuesday. Employees in Pay Schedules
A and B so assigned shall be compensated for such assignment in the amount of
their regular number of hours for one (1) day at their regular rates of pay for the
stand-by period. Work actually performed during such stand-by assignments
shall be compensated as provided in Rule 13.5 e. and f. above.
Should an employee assigned to stand-by not be available when called for
emergency duty, he/she shall forfeit stand-by pay for the entire period and,
should such failure be repeated, be subject to appropriate disciplinary action
including possible dismissal.
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13.6 HOLIDAYS
a. List of Holidays
The District shall observe the following paid holidays:
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Presidents' Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans' Day As Designated by Missouri's Governor
Thanksgiving Day As Designated by U.S. President
Thanksgiving Friday The Friday following Thanksgiving Day
Christmas Day December 25
Special Holidays Other days designated by the Executive
Director and approved by the board of
trustees.
b. Personal Holidays
In addition to the holidays specified in a. above, employees who have
successfully completed their original probationary period will receive two (2)
paid personal holidays each calendar year. Such employees may also receive up
to two (2) additional holidays if such holidays are authorized by the provisions
relating to control of sick leave in the District's Sick Leave Policy. Personal
holidays must be taken in increments of whole days, must be scheduled and
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approved in advance by the appointing authority, and must be used within the
calendar year in which said personal holidays accrue.
Regular employees who separate or are laid off from District service shall be paid
for unused accumulated personal holidays; except that if an employee dies while
still actively employed by the District, his/her heirs shall be paid for all unused
accumulated personal holidays at the time of death.
c. Holiday Observance
Holidays listed in a. above which fall on Sunday shall be observed on the
following Monday and those which fall on Saturday shall be observed on the
preceding Friday, unless other arrangements are approved by the Executive
Director.
d. Compensation for Observance of a Holiday
All eligible classified employees shall receive their regular compensation for the
date of the holiday observance. Any employee absent without authorized leave
with pay on one (1) or both scheduled workdays immediately preceding and
following the holiday observance date shall not be compensated for the holiday.
If the holiday falls on an employee's regularly scheduled workday, and the
employee is eligible for holiday pay, those holiday hours shall be credited
toward daily and weekly overtime pay.
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e. Compensation for Work Performed on Holidays
Classified employees in job titles allocated to Pay Schedules A and B, and those
employees in job titles allocated to Pay Schedule C which are designated eligible
for overtime compensation pursuant to Rule 13.5 c., who are required to work on
a holiday which falls on the employee's regularly scheduled work day shall
receive holiday pay, and in addition, shall be paid one and one-half (1½) times
their regular rates of pay for the time worked. Holiday hours paid shall be
credited toward daily and weekly overtime eligibility requirements.
13.7 MAINTENANCE OF COMPENSATION PLAN
The Director of Human Resources shall conduct or cause to be conducted a survey of
rates of pay and fringe benefits in the Greater St. Louis and/or other comparable areas.
On the basis of the results of such survey, the Director of Human Resources may
recommend to the Commission changes in the method of evaluating job titles, changes
in the pay grades of all or specified job titles, and changes in the fringe benefits
provided by the District. In addition, the Director of Human Resources shall
recommend changes in the compensation plan on the basis of other data which may be
available and upon the request of the appointing authority or the Commission. All
changes in the compensation plan shall provide for uniform rates of pay for all job titles
in each of the various pay grades.
Each rate of pay shall be determined with due regard to rates of pay for other job titles,
the relative difficulty and responsibility of the characteristic duties of positions of the
job title, the minimum qualifications necessary for successful performance of the duties
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of the job title, and all other factors involved in the standard procedure of job evaluation
approved by the Commission.
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RULE 14
LEAVES OF ABSENCES
14.1 VACATION LEAVE
a. General Provisions
Vacation leave with pay will be granted to employees under the terms and
conditions specified in this Rule. Vacation schedules shall be established by
appointing authorities, but if the workload of the employee's organizational unit
makes the granting of vacation leave impracticable and undesirable, such
vacation leave may be withheld at the discretion of the appointing authority.
Vacation leave so withheld may accrue to the employee's credit during the
calendar year following the calendar year during which the vacation leave was
withheld notwithstanding the maximum accumulation provision hereunder.
b. Vacation Preference
Employees with greater continuous service shall, within their classification and
departmental work locations, normally have first choice for selecting vacation
time.
c. Computation of Vacation Leave
An employee's vacation leave shall be computed on the basis of his/her
continuous service.
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1. Regular Employees
Regular full-time employees in the classified service shall accrue
vacation in accordance with the following chart:
Maximum
Accumulation
Length of Monthly Rate Annual End of
Continuous Service of Accrual Accrual Calendar Year
Less than 5 years .833 days 10 days 30 days
5 but less than 10 years 1.250 days 15 days 35 days
10 but less than 20 years 1.666 days 20 days 40 days
20 or more years 2.083 days 25 days 45 days
An employee is not entitled to the benefit of accrued vacation until the
employee satisfactorily completes their original probationary period. An
employee may not use vacation time during the original probationary
period and an employee terminated prior to completion of their original
probationary period is not entitled to compensation for accrued
vacation.
2. Temporary Employees
Employees appointed on a temporary, emergency, provisional, hourly or
day rate basis shall not be eligible for vacation benefits.
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d. Vacation Leave Accrual During Military Service
Employees who are granted military leave from District service to enter or serve
a branch of the armed services of the United States, shall continue to accumulate
vacation leave while in the armed service for a period not to exceed one (1) year
provided they return to the District service in accordance with Rule 14.6 and
continue in the service of the District for a period of not less than six (6) months
thereafter. To be eligible for such accrued vacation leave, an employee must first
have successfully completed his/her original probationary period as specified in
Rules 7.1 and 7.2.
e. Restrictions on Granting of Vacation Leave
Employees must schedule and obtain approval in advance for all vacation leave.
1. Regularly Scheduled Vacation Leave
Employees must submit vacation leave requests no later than the close of
the employee's workday immediately preceding the vacation period;
provided, however, that employees eligible for shift differential must
submit vacation leave requests at least seven (7) days in advance of the
starting date of the vacation period. Vacation leave shall be granted in
increments of one-half (½) workday or full workdays.
2. Emergency Vacation Leave
The appointing authority may grant emergency vacation leave not to
exceed thirty-two (32) hours for employees eligible for shift differential,
and twenty two and one-half (22-1/2) hours or twenty four (24) hours,
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depending on the employee's pay schedule, in any calendar year when an
employee submits a request for emergency vacation leave based upon
substantial emergency. Emergency vacation leave shall be granted in
increments of one-half (1/2) workday or full workdays.
3. Hourly Increment Vacation Leave
The appointing authority may grant requests for hourly increment
vacation leave. Such requests are contingent upon operational and
scheduling needs, and if a department, division, office or any other
organizational unit is adversely affected by the excessive use of such
hourly increment vacation leave, request for vacation leave of less than
one-half (1/2) workday may be denied. In order that hourly increment
vacation leave is not used to avoid tardiness, an employee must be
present at work to request hourly increment vacation leave. Said request
must be made in person to the proper authority. Employees cannot call
from a remote location to request hourly increment vacation leave at the
beginning of a workday.
4. Vacation Leave to Supplement Workers' Compensation Benefit
The appointing authority may grant vacation leave in any appropriate
increment to an employee using vacation leave to supplement Workers'
Compensation benefits. The appointing authority may also grant
vacation leave in any appropriate increment to an employee working in a
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revised schedule (pursuant to Rule 13.5) in order to supplement other
paid leave.
5. Vacation Leave Upon Exhaustion of Accrued Sick Leave
When an employee has no accrued sick leave, the appointing authority
shall grant vacation and accrued compensatory time, if applicable, for
verified illness in accordance with the terms and conditions of granting
sick leave.
f. Payment for Unused Vacation Leave
Regular employees who separate or are laid off from the District service shall be
paid for unused accumulated vacation leave, not to exceed the maximum
accumulation of vacation leave allowed by Rule 14.1 c., except that if an
employee dies while still actively employed by the District, his/her heirs shall be
paid for all unused accumulated vacation at the time of death.
g. Transfer of Unused Vacation Leave
Classified employees who change positions, without a break in continuous
service, shall carry their accrued vacation credit to their new position.
14.2 EDUCATIONAL LEAVE
(1) An employee may, with appointing authority approval, be granted time off
from his/her duties with full or partial compensation for a period not to exceed
five (5) workdays to attend conferences, meetings, institutes, or special courses,
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or to visit other governmental agencies when such activities may be expected to
contribute to the development of the employee's skills or professional
development. The appointing authority may authorize payment, in whole or in
part, for tuition, books, fees, transportation and other related educational
expenses.
(2) Leave for educational purposes in excess of five (5) workdays may be granted
with the prior written approval of the Executive Director.
14.3 SICK LEAVE
a. Granting of Sick Leave With Pay
Classified employees occupying regular full-time positions shall be granted sick
leave with pay in accordance with the established sick leave policy of the
District, when approved by the employee's appointing authority.
b. Exclusions from Sick Leave With Pay
The following shall be excluded from sick leave with pay:
1. Employees serving on temporary or emergency appointments.
2. Employees paid on daily, hourly, or per-performance rates.
3. Employees who have served less than three months since the date of
original appointment.
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4. Employees incapacitated as a result of working on another job.
5. Employees who have failed to notify their immediate supervisors as
required in Rule 8.6.
c. Control of Sick Leave With Pay
Each appointing authority shall institute procedures to prevent abuse of the sick
leave privilege, and to insure equality of treatment for all employees, within the
guidelines of the established sick leave policy of the District.
d. Absence Due to Illness in Employee's Household
The appointing authority may grant sick leave to an employee for the purpose of
caring for a relative who resides in the employee's household if such care is
necessary, and if no reasonable alternative care is available. Such sick leave shall
not exceed one (1) day per occurrence.
14.4 INJURY ON THE JOB
Employees who suffer personal injury or unusual sickness arising out of and in the
regular course of their employment while in or about the premises where their duties
are being performed, or where their presence is required as a part of their service, shall
during periods of service-connected disability caused by such injury or sickness, be
granted benefits as set forth in the Workers' Compensation Law of the State of Missouri.
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14.5 MILITARY SERVICE/RESERVE LEAVE
a. With Pay
Upon timely submission of competent orders, all employees who are members of
the national guard or any reserve component of the armed forces of the United
States shall be granted leave with pay, and without loss of any rights or benefits
to which otherwise entitled for all periods of military service during which they
are engaged in the performance of duty or training in service of the State of
Missouri at the call of the Governor and as ordered by the adjutant general
without regard to length of time, and for all periods of military service during
which they are engaged in the performance of duty in the service of the United
States under competent orders for a period not to exceed a total of fifteen (15)
workdays in any Federal fiscal year.
Note: The Federal fiscal year runs from October l to September 30.
b. Without Pay
Upon timely submission of competent orders, all employees who are members of
the National Guard or any reserve component of the Armed Forces of the United
States and who are engaged in the performance of duty in service of the United
States under competent orders for an extended or indefinite period of time shall
be granted leave without pay until such military service is completed without
loss of position, seniority, accumulated leave, impairment of performance
appraisal, pay status, work schedule (including shift, working days and days off
assigned at the time the leave commenced) and any other right or benefit to
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which the employee is entitled and no retirement benefits shall be diminished or
eliminated because of such service.
c. Physical Examination for Military Purposes
When an employee is summoned to appear for a physical examination by a
branch of the armed services of the United States and must report for such
examination during his/her regularly scheduled working hours, such absence
shall be considered sick leave.
14.6 MILITARY LEAVE AFTER SERVICE
A regular or probationary employee inducted into the Armed Forces of the United
States for training and service who leaves a position with the District for the purpose of
performing such training and service shall be granted military leave of absence without
pay for a period not to exceed ninety (90) days beyond the date of termination of such
military service or release from hospitalization continuing after the date of termination
of not more than one year.
If such employee satisfactorily completes his/her military service and makes application
for re-employment within the period of leave described above, the employee shall:
(1) If still qualified to perform the duties of the position or able to become qualified
with reasonable efforts of the District, be reinstated to the position he/she
occupied at the time his/her military leave commenced or to a position of like
seniority, status and pay.
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(2) If the employee is not qualified for such position or not able to become qualified
with reasonable efforts of the District, by reason of service incurred disability,
but is qualified to perform the duties of another classified position in the
District service, he/she shall be reinstated to such other position as will provide
like seniority, status and pay, or the nearest approximation thereof.
(3) If the job title or classified position to which the employee has reinstatement
rights has during the period of military service been in any way altered,
combined with another job title, or abolished, the employee shall be reinstated to
a classified position in a comparable job title for which he/she is qualified,
which will provide him/her like seniority, status and pay. If no such vacant
position exists, a vacancy shall be created -- if necessary by demotion or layoff
of another employee in accordance with these Rules.
(4) Failure of the employee to apply for reinstatement within the time specified in
this Section or otherwise qualify for reinstatement shall result in termination of
the leave of absence and the employee shall be considered as having resigned
from the District on the last day of active employment.
14.7 BEREAVEMENT LEAVE
When a death occurs within an employee's immediate family, he/she may request paid
leave in accordance with this paragraph. Upon approval of his/her appointing
authority, an employee may receive such leave which shall not exceed four (4)
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workdays (a maximum of thirty-two [32] hours) within the fourteen (14) day period
commencing with the day of death.
14.8 ABSENCE FOR VOTING
Employees are encouraged to vote outside of working hours. If work schedules do not
allow three (3) consecutive hours for voting while the polls are open on the day a public
election is held, employees eligible to vote at such election shall, upon request to
department heads prior to the day of election, be allowed time off from work with pay
for the purpose of voting as follows:
(1) Employees shall be allowed to report for duty three (3) hours after the opening of
the polls at their voting place; or
(2) Employees shall be allowed to leave duty three (3) hours before closing of the
polls at their voting place; or
(3) Employees may be allowed to be absent from duty for sufficient time during
duty hours, not exceeding three (3) hours of absence, if the interest of the
department would be served by so scheduling the time off.
Department heads are to schedule such absences so that their department may
operate as efficiently as possible.
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14.9 ABSENCE FOR JURY DUTY/WITNESS PAY
When subpoenaed for jury duty, all regular employees of the District shall be allowed
leave with pay for the absence required under such subpoena. In the event an employee
who is not a party to the litigation is subpoenaed to appear in a court of record as a
witness, such employee shall be allowed leave with pay for the time he/she is required
to attend court. Such employees shall be required to submit proof of attendance to be
entitled to jury leave pay and witness pay.
14.10 LEAVE WITHOUT PAY
An appointing authority may grant an employee leave without pay for a period of not
more than twenty-eight (28) consecutive days. The appointing authority shall inform
the Director of Human Resources in writing that such leave has been granted.
During such leave without pay, the employee shall accrue and receive all normal
benefits. The employee may not use leave time accrued during this leave until after
returning to work for one full day. The employee shall be returned to his/her original
position if he/she returns to work within such leave period.
14.11 SPECIAL LEAVE
Upon written request by an employee and whenever special leave is considered to be in
the best interest of the District, an appointing authority, with the approval of the
Executive Director, may grant a regular employee a special leave of absence without
pay for a period not more than twelve (12) months following exhaustion of all other
leave provided by these Rules and prior to the exhaustion of twenty-eight (28) days
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leave without pay. The terms and conditions of the special leave of absence shall be
presented, in writing, to the employee involved and the Director of Human Resources.
At the expiration of the special leave of absence, the employee, upon application for
reinstatement, shall be accorded re-employment rights as follows: either (a) where the
right to immediate reinstatement upon return was granted in writing at the time the
special leave was approved, immediate reinstatement to the position held prior to the
leave or a position of comparable status and pay, or (b) appointment to the first vacancy
which occurs, within one (1) year following application for reinstatement, in any
classified position to which his/her previous service and experience qualify him/her.
14.12 FMLA LEAVE
An employee who has been employed by the District for a total of twelve (12) months
and for at least 1,250 hours in the twelve (12) month period immediately preceding a
leave period is entitled to a maximum of twelve (12) weeks FMLA Leave per year (1)
because of the birth of a son or daughter of the employee and in order to care for that
son or daughter; (2) because of the placement of a son or daughter with the employee for
adoption or foster care; (3) in order to care for the spouse, son, daughter or parent of the
employee if the spouse, son, daughter or parent has a serious health condition; or (4)
because a serious health condition makes the employee unable to perform the functions
of his/her job. The employee will be required to exhaust all available other leave as part
of the twelve (12) week FMLA Leave period (with the exception of Special Leave under
Rule 14.11). When such other leave is paid leave and/or the employee receives or
accrues benefits under the other leave, the employee will receive and accrue pay and
benefits as provided by the other leave during the period of the substituted other leave.
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Otherwise FMLA Leave is unpaid leave and the District will only pay its portion of the
employee's health care benefit. The employee is not entitled to receive or accrue any
other benefits during FMLA Leave except as provided for by substituted other leave.
Upon completion of FMLA Leave, the employee will be reinstated to the position the
employee held when leave commenced (or any equivalent position) without loss of any
benefit accrued prior to commencing the leave. The Director of Human Resources shall
maintain a policy implementing this Rule in a manner consistent with the Family and
Medical Leave Act of 1993.
14.13 ADMINISTRATIVE LEAVE
An appointing authority or the Executive Director may, following a review by the
Director of Human Resources, order the administrative leave with pay of an employee
pending completion of an inquiry, review or investigation for cause as may be necessary
to determine whether an action should occur.
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RULE 15
APPEALS AND INVESTIGATIONS
15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR OF HUMAN
RESOURCES
a. General Provisions
Employees, individuals on eligibility lists and applicants shall have the right to
appeal from administrative decisions of the Director of Human Resources
including any rejection of application, denial of admission to an examination,
examination rating, denial of a request to return name to eligibility list,
allocation or reallocation of position.
b. Procedure for Appeals from Administrative Decisions
The appellant shall notify the Director of Human Resources in writing stating
the reason for his/her complaint or grievance within fifteen (15) days of the
effective date of the action being appealed. Such request shall immediately be
forwarded to the Commission by the Director of Human Resources.
c. Nature of Commission Review of Administrative Decisions
Review of appeals from such administrative actions may be conducted by the
Commission, by a member of the Commission or by a Hearing Examiner
appointed by the Commission, but in any case the Commission shall act upon a
requested review within thirty (30) days of receipt of such written request, and
where appropriate set a hearing date for the appeal. The appellant shall be given
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the opportunity to be heard during the review of his/her appeal. The decision of
the Commission shall be final and shall be a condition precedent to review by
the Circuit Court as provided by the Charter of the District.
15.2 APPEALS FROM DISCIPLINARY ACTION
a. General Provisions
1. A regular employee who is discharged, demoted or suspended without
pay may appeal in writing to the Commission, within fifteen (15) days
after the date of notification provided for in Rule 11.7 herein, setting forth
in substance his/her reasons for claiming that such discharge, demotion,
or suspension was without just cause or because of his/her age, race, sex,
creed or color, disability not related to job functions or because of his/her
political, religious, or union opinions or affiliations, except affiliation with
any group or organization which seeks or advocates the overthrow of the
government of the United States by force or violence.
2. Appeals shall be addressed to the Director of Human Resources for the
Commission. The Director of Human Resources shall notify the
appointing authority concerned, and the appeal shall immediately be
forwarded to the Commission by the Director.
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b. Hearing Procedure
1. In conducting hearings and investigations, the Commission shall act as a
body, but special investigation and detailed work may be delegated by
the Commission to a member or to the Director of Human Resources.
The decision of the majority of Commissioners shall be the decision of the
Commission.
Hearings may be held by the Commission, or by one or more members
of the Commission, but the decision shall be rendered by the
Commission after consideration of the evidence submitted in the
hearings.
2. All hearings shall be informal and shall not be subject to any technical
rules of order or evidence, except such as the Commission itself may
establish.
3. The Chairman of the Commission shall preside at the hearing or shall
delegate that responsibility to one of the other members.
4. The appointing authority and the appellant may elect to have legal
counsel or anyone they designate appear in their behalf at such hearing.
However, the District shall not assume responsibility for any payment to
any counsel appearing in behalf of either party except when the General
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Counsel of the District (or any one of his/her staff) is called upon by the
appointing authority, and this shall not affect the payment of his/her
regular salary.
5. Hearings involving several appellants having a common issue may be
considered jointly or individually, at the discretion of the Commission.
6. Failure of the appellant to appear personally or by legal counsel or other
representative at the hearing shall be deemed a withdrawal of his/her
appeal and the action of the appointing authority shall become final.
7. Failure of the appellant to pursue his/her appeal or to comply with an
order of the Commission relating to an appeal may be deemed by the
Commission a withdrawal of his/her appeal. Upon such withdrawal, the
action of the appointing authority shall become final.
8. Neither the appellant nor the District shall be allowed more than two (2)
continuances of a scheduled Civil Service hearing date. Failure of the
appellant to appear at the next scheduled hearing, after having obtained
two (2) continuances, shall constitute a withdrawal of the appeal
consistent with Rule 15.2b.6. Failure of the District to appear at the next
scheduled hearing, after having obtained two (2) continuances, mandates
a determination by the Commission in favor of the appellant.
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c. Decision of the Commission
1. The Commission may affirm the action of the appointing authority or, if
the Commission finds that the action appealed by the employee was
taken by the appointing authority without just cause or because of
his/her age, race, sex, creed, or color, disability not related to essential job
functions, or because of his/her political, religious, or union opinions or
affiliations, except affiliations with any group or organization which
seeks or advocates the overthrow of the government of the United States
by force or violence, such employee shall be reinstated in his/her former
position or a position of like status and pay, and shall be reimbursed for
all or part of any loss of pay, except that the Commission, at its
discretion, may find and order that such employee shall not be
reimbursed for any loss of pay attributable to any delay caused by
employee in having the appeal heard by the Commission.
2. In cases where an appellant’s hearing results in failure to secure
reinstatement after dismissal, the Commission, taking into consideration
the causes of dismissal, may recommend to the Executive Director
reinstatement with transfer of the appellant to a comparable classified
position in another department, or may with the approval of the
Executive Director place the appellant’s name on an appropriate
eligibility list – provided, however, that there shall be no reimbursement
by the District for any loss of pay suffered by such appellant as a result of
his/her dismissal.
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3. In all cases of appeal from suspensions, demotions and dismissals, the
decision of the Commission shall be final. Copies of the Commission's
decision shall be made available in accordance with applicable law.
15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND PRODUCTION OF
RECORDS
In the course of any hearing or investigation conducted under the provisions of the
Charter or of these Rules, the Commission shall have the power to administer oaths, to
subpoena, to require the attendance of witness within the District, and the production
by them of books and papers pertinent to any matter of inquiry, and to examine such
witnesses under oath, in relation to any matter properly involved in such proceeding.
All witnesses so subpoenaed, who are not employees of the District, shall be entitled to
the same fees as are allowed in Civil cases in courts of record. Employees in the
classified service of the District shall be required to attend and testify without
subpoena. Such employees shall be paid as if performing their normal employment
including payment of any overtime or compensatory time applicable under Rule 13.5
but excluding call-back pay. Written notification of any requested witnesses in the
classified service of the District must be submitted to the Director of Human
Resources no later than four (4) days prior to a scheduled hearing. If any employee shall
willfully refuse to testify or answer any questions relative to the matter being heard by
the Commission on any grounds or knowingly provides false testimony, he/she shall be
dismissed from the classified service.
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15.4 INVESTIGATION BY THE COMMISSION
The Commission may, upon its own initiative, make such inquiries and investigations
as it may deem to be warranted regarding the administration and effect of the
provisions of these Rules and of the Charter, and to make such recommendations to the
Director of Human Resources, Executive Director, or the Board, as in its judgment may
be warranted.