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HomeMy Public PortalAbout10821 O R D I N A N C E NO. 10821 AN ORDINANCE, repealing Ordinance No. 9550, as adopted April 20, 1995, and amended by Ordinance No. 9674, as adopted September 14, 1995; 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 May 17, 2000, hold a public hearing at the District offices at 2000 Hampton Avenue 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No. 9550, as adopted April 20, 1995, and amended by Ordinance No. 9674, as adopted September 14, 1995, is hereby repealed. 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: PERSONNEL DEPARTMENT 2000 HAMPTON AVENUE ST. LOUIS, MISSOURI 63l39 THE METROPOLITAN ST. LOUIS SEWER DISTRICT CIVIL SERVICE RULES AND REGULATIONS PROPOSED ORDINANCE NO. 209-00 REVISION DATES: September 16, 1955 August 29, 1972 April 9, 1956 November 12, 1975 July 7, 1958 September 29, 1976 October 22, 1958 May 9, 1979 May 17, 1960 November 14, 1979 November 10, 1960 August 11, 1982 June 25, 1962 October 11, 1989 September 10, 1964 July 9, 1991 February 20, 1969 April 20, 1995 February 22, 1971 September 14, 1995 THE METROPOLITAN ST. LOUIS SEWER DISTRICT CIVIL SERVICE RULES AND REGULATIONS TABLE OF CONTENTS Page RULE 1 DEFINITIONS...................................... 1 RULE 2 GENERAL PROVISIONS............................... 16 2.1 Purpose of Rules............................ 16 2.2 Positions Covered by Rules.................. 17 2.3 Amendment of Rules.......................... 17 2.4 Administration of Rules..................... 17 2.5 Validity of Rules........................... 18 2.6 Singular and Plural Usage................... 18 2.7 Effective Date of Rules..................... 18 RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION........ 19 3.1 General Provisions.......................... 19 3.2 Personnel Director (or Director of)......... 19 3.3 Civil Service Commission.................... 20 a. Appointment and Term................... 20 b. Duties................................. 21 c. Officers............................... 22 d. Meetings............................... 22 RULE 4 APPLICATIONS AND EXAMINATIONS.................... 23 4.1 Form and Filing of Applications for Examination.............................. 23 4.2 Notice of Examinations...................... 23 4.3 Minimum Qualifications for Filing for Examination.............................. 24 4.4 Filing of Application for Examination....... 25 4.5 Disqualification of Applicants.............. 25 4.6 Character of Examinations................... 28 a. Open Competitive Examinations.......... 29 b. Open Continuous Examinations........... 29 c. Employee Examinations.................. 30 Page 4.7 Administration of Examinations.............. 31 a. Establishment of Procedures............ 31 b. Use of District Employees.............. 31 c. Contracting for Examinations........... 31 4.8 Rating of Examinations...................... 32 a. Method of Rating and Minimum Grades.... 32 b. Consideration for Lower Classes........ 32 c. Rating Training and Experience......... 32 4.9 Notice and Review of Examination Results.... 33 a. Notice of Examination Results.......... 33 b. Records of Test Results; Corrections... 33 RULE 5 ELIGIBILITY LISTS................................ 34 5.1 Responsibility for Maintenance of Eligibility Lists........................ 34 5.2 Types of Eligibility Lists.................. 34 a. Original Appointment List.............. 34 b. Employee Lists......................... 35 c. Restoration Lists...................... 35 d. Recall Lists........................... 35 5.3 Consolidation of Lists...................... 36 5.4 Use of Related Eligibility Lists............ 36 5.5 Duration of Eligibility Lists & Eligibility. 37 a. Original Appointment Lists............. 37 b. Employee Lists......................... 38 c. Recall Lists........................... 38 d. Restoration Lists...................... 38 5.6 Availability of Individuals on Eligibility Lists.................................... 38 5.7 Removal of Names from Lists................. 39 5.8 Request to Return Name to Eligibility List.. 40 RULE 6 CERTIFICATION AND APPOINTMENT.................... 42 6.1 Request to Fill a Position.................. 42 6.2 Filling of Vacancies........................ 42 a. Appointment Through Demotion........... 42 1. Involuntary Demotion............... 42 2. Voluntary Demotion................. 43 Page b. Appointment Through Reassignment...... 43 c. Appointment from Restoration Lists.... 43 d. Appointment from Recall Lists......... 44 e. Appointment from Employee Lists....... 45 f. Appointment Through Transfer.......... 45 1. Transfer (District Initiated)..... 45 2. Transfer (Employee Initiated)..... 46 g. Appointment Through Reinstatement..... 46 h. Appointment from Original Appointment List............................... 47 i. Appointments of Limited Duration...... 48 1. Temporary Appointments............ 48 2. Emergency Appointments............ 48 3. Provisional Appointment........... 49 6.3 Overlap of Incumbents...................... 50 6.4 Certification of Individuals from Eligibility Lists....................... 50 a. Order of Certification................ 50 b. Certification from Related Lists...... 51 c. Physical Examinations................. 51 RULE 7 PROBATIONARY PERIOD............................. 52 7.1 Purpose and Duration of the Probationary Period.................................. 52 a. Original Appointment Probation........ 52 b. Probation Following Promotion......... 52 c. Probation Following Demotion.......... 53 d. Probation Following Transfer.......... 53 e. Probation Following Reinstatement..... 53 7.2 Computation of the Probationary Period..... 54 7.3 Employee Evaluation During Probation....... 54 7.4 Removal During Probationary Period......... 55 7.5 Retention of Employee After Probation...... 55 7.6 Following Removal During Promotional or Transfer Probationary Period............ 56 Page 7.7 Following Removal During Demotional Probationary Period..................... 57 7.8 Promotion During Probation................. 58 RULE 8 EMPLOYEE CONDUCT AND RELATIONS.................. 59 8.1 Discrimination and Favoritism Prohibited... 59 8.2 Political Activities....................... 59 a. Political Contributions............... 59 b. Political Speeches and Campaigning.... 60 c. Political Rights of Employees......... 60 d. Partisan Political Candidacy.......... 61 e. Non-Partisan Political Candidacy and Office............................. 62 f. Authority for Opinions on Political Activity........................... 63 8.3 Conflicting Employment..................... 63 8.4 Financial Interest......................... 64 8.5 Relatives.................................. 64 8.6 Attendance and Reports of Absence.......... 65 8.7 Change of Address and Telephone Number..... 65 8.8 Medical Examinations and Inquiries......... 65 RULE 9 EMPLOYEE PERFORMANCE APPRAISAL.................. 67 9.1 Establishment of System.................... 67 9.2 Purposes of System......................... 67 9.3 Frequency of Performance Appraisal......... 68 a. Performance Appraisals of Regular Employees.......................... 68 b. Performance Appraisals of Probationary Employees.......................... 68 c. Performance Appraisals of Temporary Employees.......................... 69 9.4 Administration of System................... 69 RULE 10 PERSONNEL FORMS, RECORDS AND REPORTS............ 70 10.1 Personnel Forms............................ 70 10.2 Personnel Records.......................... 70 a. Examination Records................... 70 Page b. Department Personnel Records & Reports 70 c. Director of Personnel=s Records and Reports............................ 71 d. Availability of Personnel Records..... 71 RULE 11 LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION....................................... 73 11.1 Tenure..................................... 73 11.2 Layoff..................................... 73 a. When Permitted........................ 73 b. Order of Layoff....................... 74 c. Notice of Layoff...................... 75 d. Position After Layoff................. 75 11.3 Displacement............................... 75 a. Procedure............................. 75 b. Failure to Meet Qualifications or Requirements....................... 76 c. Evaluation After Displacement......... 77 11.4 Restoration/Recall......................... 77 a. Procedure............................. 77 b. Evaluation After Recall............... 78 c. Evaluation After Restoration.......... 78 11.5 Disability................................. 79 11.6 Disciplinary Action........................ 79 a. Types of Disciplinary Action.......... 79 1. Reprimand......................... 79 2. Suspension........................ 80 3. Demotion.......................... 80 4. Dismissal......................... 80 b. Reasons for Which Disciplinary Action May be Taken....................... 81 c. General Provisions.................... 84 11.7 Notification of Separation and Disciplinary Action.................................. 84 Page RULE 12 CLASSIFICATION PLAN............................. 85 12.1 Existing Plan Reserved..................... 85 12.2 Administration of Classification Plan...... 85 a. Allocation of Positions............... 85 b. Establishment of Positions............ 86 c. Reallocation of Positions............. 86 d. Status of Incumbent When Position is Reallocated........................ 86 e. Review of Allocation and Reallocation. 87 12.3 Class Specification and Classification..... 88 a. Contents of Class Specifications...... 88 b. Interpretation of Class Specifications 88 c. Use of Class Specifications in Allocation and Reallocation........ 89 d. Use of Minimum Qualifications Statements......................... 89 12.4 Use of Standard Procedure of Job Analysis.. 90 12.5 Use of Class Title and Codes............... 90 12.6 Maintenance of Classification Plan......... 91 RULE 13 COMPENSATION PLAN............................... 92 13.1 Compensation Plan.......................... 92 13.2 Basis of Pay Rates......................... 92 a. Compensation of Full-Time Employees... 92 b. Hourly and Daily Rates................ 93 c. Compensation of Temporary Employees... 93 13.3 Payment of Compensation.................... 94 13.4 Entrance Pay Rates......................... 94 a. Starting Rate on Initial Employment... 94 b. Starting Rate on Reinstatement........ 95 c. Starting Rate on Return from Military Leave.............................. 95 d. Starting Rate of Displacing Employees. 96 e. Starting Rate on Restoration.......... 96 1. Original Position................. 96 Page 2. Position Lower Than Original Position....................... 97 f. Starting Rate on Recall............... 98 1. Original Position................. 98 2. Position Lower Than Original Position....................... 98 g. Starting Rate on Promotion............ 99 h. Rate of Pay on Transfer or Reassignment 100 i. Rate of Pay on Demotion............... 100 j. Rate of Pay Following Unsuccessful Promotional Probationary Period.... 100 k. Rate of Pay on Reallocation........... 101 13.5 Advancement Within a Salary Range.......... 102 a. Completion of Probationary Period..... 102 b. Periodic Advancement.................. 102 c. Requirements as to Continuity of Service......................... 104 13.6 Working Hours.............................. 104 a. Regular Working Hours................. 104 b. Overtime.............................. 105 c. Eligibility for Overtime Compensation. 105 d. Eligibility for Compensatory Time..... 106 e. Calculation of Overtime............... 106 f. Compensation for Overtime Work........ 106 g. Reporting of Overtime Work............ 107 h. Call-Back Pay......................... 107 i. Stand-By Pay.......................... 107 13.7 Holidays................................... 108 a. List of Holidays...................... 108 b. Personal Holidays..................... 109 c. Holiday Observance.................... 110 d. Compensation for Observance of a Holiday............................ 110 e. Compensation for Work Performed on Holidays........................... 111 13.8 Maintenance of Compensation Plan........... 111 Page RULE 14 LEAVES OF ABSENCES.............................. 113 14.1 Vacation Leave............................. 113 a. General Provisions.................... 113 b. Vacation Preference................... 113 c. Computation of Vacation Leave......... 114 1. Regular Employees................. 114 2. Temporary Employees............... 115 d. Vacation Leave Accrual During Military Service............................ 115 e. Restrictions on Granting of Vacation Leave.............................. 115 1. Regularly Scheduled Vacation Leave. 115 2. Emergency Vacation Leave........... 116 3. Hourly Increment Vacation Leave.... 116 4. Vacation Leave to Supplement Workers= Compensation Benefit... 117 5. Vacation Leave Upon Exhaustion of Accrued Sick Leave........... 118 f. Payment for Unused Vacation Leave..... 118 g. Transfer of Unused Vacation Leave..... 118 14.2 Educational Leave.......................... 119 14.3 Sick Leave................................. 119 a. Granting of Sick Leave with Pay....... 119 b. Exclusions from Sick Leave with Pay... 120 c. Control of Sick Leave with Pay........ 120 d. Absence Due to Illness in Employee=s Household.......................... 121 e. Physical Examination for Military Purposes........................... 121 14.4 Injury on the Job.......................... 121 14.5 Military Service/Reserve Leave............. 122 a. With Pay............................... 122 b. Without Pay............................ 123 14.6 Military Leave After Service............... 123 14.7 Leave Due to Death......................... 125 14.8 Absence for Voting......................... 126 Page 14.9 Absence for Jury Duty/Witness Pay.......... 127 14.10 Leave Without Pay......................... 127 14.11 Special Leave............................. 128 14.12 FMLA Leave................................ 129 14.13 Administrative Leave...................... 130 RULE 15 APPEALS AND INVESTIGATIONS...................... 131 15.1 Appeals from Administrative Decisions of Director of Personnel................... 131 a. General Provisions...................... 131 b. Procedure for Appeals from Administrative Decisions............. 131 c. Nature of Commission Review of Administrative Decisions............ 132 15.2 Appeals from Disciplinary Action........... 132 a. General Provisions...................... 132 b. Hearing Procedure....................... 133 c. Decision of the Commission.............. 135 15.3 Power to Administer Oaths, Subpoena and Demand Production of Records............ 137 15.4 Investigation by the Commission............ 138 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 individual classified position to any appropriate class on the basis of kind of work, duties, and responsibilities of the position. 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 to classified positions. 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; Regular Appointment; Emergency Appointment; Temporary Appointment; Provisional Appointment; Transfer; Reassignment; Reinstatement; and Demotion. 2 1.4 ASSEMBLED EXAMINATION -- An examination in which applicants are called together in one or more centers to compete according to procedures established and controlled by the Director of Personnel. 1.5 CERTIFICATION -- The act, by the Director of Personnel, 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. 1.6 CLASS OR CLASS OF POSITION -- One or more classified positions sufficiently similar in duties and responsibilities that the same descriptive title may be used for each position allocated to the class, that the same general qualifications are needed for performance of the duties of the class, that the same tests of fitness may be used to recruit employees, and that the same schedule of pay can be applied to all positions in the class under the same or substantially the same employment conditions. 1.7 CLASSIFICATION, CLASS TITLE OR TITLE -- The designation given under the Classification Plan to a class of 3 positions. 1.8 CLASSIFICATION PLAN -- The arrangement of all classified positions in the classified service into a system of classes and class specifications established under these Rules. 1.9 CLASSIFIED EMPLOYEE -- An employee occupying a position in the classified service of the District. 1.10 CLASSIFIED POSITION -- A position in the classified service. 1.11 CLASSIFIED SERVICE -- All positions in the District service except those of Executive Director, Director of Finance, Secretary-Treasurer, heads of departments, members of any board or commission, secretary to the Executive Director, technical personnel employed on special occasions, and those who may be employed in an advisory capacity. 1.12 CLASS SPECIFICATION -- The written description of the duties and responsibilities of a class and its title and qualification standards. 4 1.13 COMMISSION -- The Metropolitan St. Louis Sewer District Civil Service Commission. 1.14 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. 1.15 COMPENSATION PLAN -- A schedule of salaries established by ordinance as Schedules A, B and C for the classes of positions recognized in the classification plan so that all positions of a given class will be paid according to the same salary range established for the class. 1.16 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 5 reinstatement, said period of time shall be reduced by any period of time an employee was separated from District service. 1.17 DAYS -- As used herein, unless otherwise specified, calendar days. 1.18 DEMOTION -- The change of an employee from a classified position in one class to a classified position in a class for which a lower maximum rate of pay is prescribed when such change is not in the nature of displacement. 1.19 DEPARTMENT -- An established major organizational unit of the District. 1.20 DISCHARGE OR DISMISSAL -- The involuntary separation of a person from employment in the District because of unsatisfactory service or conduct. 1.21 DISPLACEMENT -- The placement of an employee in lieu of layoff in a position in the employee=s general class which position is in the same or lower class occupied by the employee. 6 1.22 DISTRICT - The Metropolitan St. Louis Sewer District as established by the Plan. 1.23 ELIGIBILITY LIST OR REGISTER -- Any of the lists of names of persons eligible for appointment to positions in the classified service of the District. 1.24 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. 1.25 EMPLOYEE EXAMINATION -- A competitive examination which is designed to measure the relative qualifications, comparative excellence and general fitness of employees for classified positions in a particular class. 1.26 EMPLOYEE LIST -- A list of regular and/or probationary employees, who are qualified for assignment to classified positions in classes other than the class they currently occupy and who have either requested a transfer to the 7 same class in a different department or have taken an employee examination. 1.27 EXAMINATION -- All of the tests of fitness together that are applied to determine the relative qualifications of applicants. 1.28 EXECUTIVE DIRECTOR -- The Chief Executive and Administrative Officer of the District. 1.29 GENERAL CLASS -- One or more classes 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. 1.30 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 actions of dismissal, reduction in rank or compensation, or suspension; to hear appeals of classified employees from administrative decisions of the Director of Personnel; or to consider any other matter within the jurisdiction of the Commission. 8 1.31 HIGHER CLASS -- A classification for which the maximum salary is higher than the class being compared. 1.32 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. 1.33 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. Layoffs shall not be considered dismissals and are, therefore, not subject to the provisions of Rule 15. 1.34 LOWER CLASS -- A classification for which the maximum salary is lower than the class being compared. 1.35 MANAGEMENT COMMITTEE -- A committee selected by the Executive Director from employees holding executive unclassified positions. 1.36 OPEN COMPETITIVE EXAMINATION -- An examination open to 9 all persons, whether employed by the District or not, who meet and comply with the prescribed requirements for admission. 1.37 OPEN CONTINUOUS EXAMINATION -- An open competitive examination having no date scheduled for termination. 1.38 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. 1.39 PAY GRADE -- The appropriate level of salary designated for one or more classes of positions in the classification plan. 1.40 PERSONNEL 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 Personnel as well as the individual. 1.41 PLAN -- The basic charter of The Metropolitan St. Louis Sewer District as adopted February 9, 1954, by vote of the people under the provisions of Article VI, Section 30 10 (a) and (b) of the Constitution of Missouri as amended. 1.42 POSITION -- A group of duties and responsibilities designated to be performed by one employee and established according to these Rules. 1.43 PROBATIONARY EMPLOYEE -- A person appointed from an eligibility list who has not yet completed his/her appropriate probationary period of service. 1.44 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. 1.45 PROMOTION -- A change in the assignment of an employee from a classified position in one class to a classified position in another class having a higher maximum salary rate when such change is not in the nature of restoration. 1.46 PROVISIONAL APPOINTMENT -- A temporary non-competitive appointment of an individual to fill a classified position, pending establishment of an eligibility list 11 for such position. 1.47 QUALIFYING EXAMINATION -- A non-competitive examination given to determine if an individual meets the qualifications for a specific class. 1.48 REALLOCATION -- A change in allocation of a classified position by raising it to a higher class, reducing it to a lower class, or moving it to another class at the same pay grade on the basis of a significant change in duties, authority or responsibility of the position. 1.49 REASSIGNMENT -- Assignment by an appointing authority of an employee within his/her department from one classified position to another classified position in the same class, when such change is not in the nature of a displacement. 1.50 RECALL -- The appointment of an employee to a classified position from a recall list. 1.51 RECALL LIST -- A list of persons who have been regular 12 employees in a particular class and who have been laid off in good standing and are entitled to have their names certified for appointment to classified positions in a class for which their qualifications may be considered. 1.52 REDUCTION IN RANK OR COMPENSATION -- The change of an employee from a classified position in one class to a classified position in a class for which a lower maximum rate of pay is prescribed when such change is not in the nature of displacement. 1.53 REGISTER OR ELIGIBILITY LIST -- Any of the lists of names of persons eligible for appointment to positions in the classified service of the District. 1.54 REGULAR APPOINTMENT -- An appointment given to an employee after successful completion of a probationary period following an original appointment. 1.55 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. 13 1.56 REINSTATEMENT -- The return to District service of a regular employee (one who had permanent status at the time of his/her resignation, disability separation, retirement, dismissal, military leave, or special leave, or acceptance of an unclassified position in the District)in the same class in accordance with regulations governing such re-employment. 1.56 a. 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. 1.57 RESTORATION -- In the case of a recalled employee occupying a position in a lower class than that held prior to layoff, the placement of the employee to the class held immediately prior to layoff or to a position in a lower class 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 class held immediately prior to displacement or to a 14 position in a lower class of the same general class of that held immediately prior to displacement. 1.58 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 class held immediately prior to layoff or displacement or to a position in a lower class of the same general class of that held immediately prior to the layoff or displacement. 1.59 RETIREMENT -- A voluntary separation where a retirement benefit is payable at the time of separation in accordance with the District Pension Plan ordinance, or a disability retirement as defined in the District Pension Plan ordinance. 1.60 RULE OR RULES -- One or more of The Metropolitan St. Louis Sewer District Civil Service Rules and Regulations. 1.61 SALARY RANGE -- The spread between the minimum and maximum salary of any pay grade. 15 1.62 SEPARATION -- The removal of an employee from the classified service of the District by dismissal, retirement, death, resignation or disability separation. 1.63 SUSPENSION -- An involuntary, unpaid leave of absence for disciplinary purposes or pending an investigation of charges made against an employee. 1.64 TEMPORARY APPOINTMENT -- An appointment of an individual from an eligibility list to an approved position which is limited in duration. 1.65 TRANSFER -- A change in assignment of a regular employee (1) within a department from a classified position in one class to a classified position in another class with the same maximum rate of pay; (2) between departments from a classified position in one class to another classified position in the same class; or (3) between departments from a classified position in one class to a classified position in another class with the same maximum rate of pay. A change in assignment is not a transfer when such assignment is in the nature of a reallocation, or a displacement. 16 1.66 UNASSEMBLED EXAMINATION -- An examination which does not require the calling together or assembling of applicants for administration of a written test. 1.67 UNCLASSIFIED SERVICE -- All positions in the District specifically excluded by the Plan, ordinance or Rules from the classified service. 1.68 UNCLASSIFIED POSITION -- A position in the unclassified service. 17 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 Plan. These Rules shall be applied in accordance with the intent of the Plan 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 18 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 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 Personnel or by the Commission in accordance with the Personnel Provisions of the Plan. 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 19 adopted by ordinance. 2.4 ADMINISTRATION OF RULES The Director of Personnel 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 Personnel after consultation with the Executive Director, with the approval of the Commission. 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 20 upon the effective date of the appropriate ordinance. 21 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 Plan. 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 Plan, 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 Plan. 3.2 PERSONNEL DIRECTOR (OR DIRECTOR OF) The Director of Personnel 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 Plan. 22 (3) Prepare and recommend to the Commission such rules as he/she may consider appropriate to carry out the Personnel Provisions of the Plan. (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 Plan. Members shall be persons who are known to be in sympathy with the application of merit principles to 23 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 Personnel on problems concerning personnel administration. 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, 24 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 Personnel 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. 25 RULE 4 APPLICATIONS AND EXAMINATIONS 4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION Applications shall be accepted only on official forms prescribed by the Director of Personnel and approved by the Commission. Each application shall be signed by the applicant and the truth of all statements contained therein shall be certified by the signature. The application form shall not require any information intended to disclose the race, color, sex, creed, disability not related to performance of 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 accord with the provisions of the Plan. The District shall hold the right to conduct background investigations of any applicant=s moral character, criminal conviction record, training and work experience. 4.2 NOTICE OF EXAMINATIONS The official announcement of an examination shall consist 26 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 Personnel Office of the District. The Director of Personnel 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 periodicals, announcements 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 title and salary range of the class for which the examination is announced; the nature of the work to be performed; the necessary and desirable qualifications therefor; the time, place and manner of making application; special requirements or qualifications; and such other information as the Director of Personnel considers pertinent and useful. 4.3 MINIMUM QUALIFICATIONS FOR FILING FOR EXAMINATION 27 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 Personnel 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 class who fails to make a passing grade shall not be allowed to file an application for examination for such class until six (6) months after the date of the prior examination for such class. 4.4 FILING OF APPLICATION FOR EXAMINATION To be accepted for review, applications for examination must be filed with the District Personnel Office by the date, if any, specified in the notice for application, or postmarked before midnight of that date. 4.5 DISQUALIFICATION OF APPLICANTS The Director of Personnel 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 28 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 class of position; (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 disabled and unable to perform the essential job elements of the position with or without reasonable accommodation; 29 (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 classification 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; 30 (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 31 (12) has otherwise violated the provisions of the Plan, 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 Personnel 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 may be assembled or unassembled 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 concerning any political, religious, racial or union affiliations, preferences, or opinions or any disability not related to the essential job elements of the position in question. Any such disclosures by an applicant shall be discouraged and any such information 32 which may nevertheless be revealed shall be disregarded. When notified prior to the administration of the examination, the District will grant reasonable accommodations to candidates with disabilities which affect manual, sensory or speaking skills to ensure that examination results accurately reflect the skills, aptitude or other factors that the examination purports to measure. a. Open Competitive Examinations All entrance examinations for positions in the classified service shall be open competitive in character, except as specified under the section of this Rule concerned with qualifying examinations. b. Open Continuous Examinations In circumstances where there is a recurring need for substantial numbers for a certain class of position, and when insufficient applicants are available to maintain an adequate register, the Director of Personnel may establish a continuous recruitment program. Under such program, applications may be accepted at the time and examinations held whenever 33 a sufficient number of applicants have filed to assure adequate competition. 34 c. Employee Examinations To be eligible to compete for a promotion, voluntary demotion or a transfer to a different class, an employee must be serving in an appropriate class and must meet all other 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 tests required for open competitive examinations; provided, however, that the Personnel Director 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. Such examinations shall be administered only to employees who meet all other requirements for admission to an open competitive examination for the class of position. An employee who has achieved a qualifying rating on an employee examination may, if a new employee examination is announced six (6) months or longer after the initial examination, 35 elect to be re-examined and have his/her name placed on the eligibility list in accordance with the new rating. 4.7 ADMINISTRATION OF EXAMINATIONS a. Establishment of Procedures The Director of Personnel 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 Personnel may disqualify any applicant for failure to comply with procedures and regulations established for examination. b. Use of District Employees The Director of Personnel, 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 Personnel, with approval of the Commission and subject to availability of an appropriation, is authorized to contract with any 36 agency, public or private, to conduct any examination which he/she deems necessary. 37 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 Personnel. The method utilized to determine the final examination rating for a class of position shall be uniformly applied to all applicants for that class. b. Consideration for Lower Classes An applicant who, after examination, fails to gain eligibility for employment may be considered for a related lower class provided that an examination is open and the pertinent examination rating meets the minimum requirements for the lower class. c. Rating Training and Experience The Director of Personnel shall establish procedures for the evaluation of training and experience which shall give due consideration to relevant training 38 and to the quality, recency and amount of experience. The procedure utilized to evaluate training and experience for a class of position shall be uniformly applied to all applicants for that class. 4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS a. Notice of Examination Results Applicants shall, when rating is completed, be notified of their eligibility status by mail. 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 or computation of final rating, if called to the attention of the Director of Personnel within ten (10) days after the mailing of the notices of examination results, shall be corrected. Such correction, however, shall not invalidate any certification or appointment made previously. 39 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 Personnel as far in advance as possible of vacancies which may occur in their departments. The Director of Personnel 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 class of position, 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. 40 b. Employee Lists Employees who achieve the required eligibility ratings on employee examinations shall have their names placed on an employee list for the class of position, arranged in order of final qualifying grade received, from highest to lowest. 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 Lists Employees who displace other employees serving in a lower class of the same general class and employees who are recalled to a position in a lower class 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 41 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 class of position for which an eligibility list already exists if, in the opinion of the Director of Personnel, 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 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 42 An eligibility list for a class of position may be assembled from one or more existing related lists when a vacancy occurs in a class for which there is no appropriate eligibility list. The existing related lists utilized shall be only those for classes which require qualifications comparable to or higher than those required for the class in which the vacancy exists. Training and experience shall be re-evaluated in conformance with the minimum qualifications required for the class in which the vacancy exists. 5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY a. Original Appointment Lists 1. Eligibility lists based on open competitive examinations shall remain in force for one (1) year from the date on which they were officially established, except that before the expiration of a list the Director of Personnel may extend the time during which such list remains in force. 2. Eligibility lists based on open continuous examinations shall ordinarily be of indefinite duration, but may be terminated by the Director 43 of Personnel one (1) year after the last examination for the class of position involved. Names shall be added to and removed from such eligibility lists on a continuous basis. 44 b. Employee Lists Employee lists shall remain in force for one (1) year from the date on which they were officially established, except that before the expiration of an employee list, the Director of Personnel may extend the time during which such list remains in force. In no event shall the total period during which an employee list is in force exceed two (2) years from the date on which the register was originally established. 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 Personnel Office of address change or any other changes affecting availability for employment. 45 5.7 REMOVAL OF NAMES FROM LISTS The Director of Personnel 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. 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 class at a higher compensation; in the case of a restoration list, if appointed to a class 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 Personnel. 46 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 refusal to accept appointment from any such list in the preceding twelve (12) months to a position in the class for which the present list is being compiled. In the case of a recall list, upon refusal to accept appointment to any position from a recall list. i. For any of the causes stipulated in Rule 4.5. 5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST 47 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 Personnel 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 Personnel Director shall either return the name to the list or refuse the requested return of the name. The individual shall be notified of the Personnel Director=s action and if the decision is unfavorable, the individual may seek review before the Commission as provided in Rule 15.1. 48 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 Personnel. Insofar as practicable, each vacancy shall be anticipated sufficiently in advance to permit the Director of Personnel to determine who may be available for appointment, and if necessary to establish a class 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 49 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 11.8, the appointing authority shall also furnish a written statement of the reasons for such action to the Director of Personnel 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 class after notifying the Personnel Department of the change in position numbers of the incumbents provided that the change in position is not in the nature of displacement. 50 c. Appointment from Restoration List Upon receipt of a request to fill a position from an appointing authority, the Personnel Department shall determine if a restoration list exists for the general class of the position. If an appropriate restoration list has been established, the Personnel 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 class than the position being certified; (2) immediately prior to displacement was either in a position in the class being certified or in a position in a higher class than the class of the position being certified, and (3) has not previously refused to accept appointment to the class of position being certified. d. Appointment from Recall Lists If there is no restoration list for the general class of position, the Personnel Department shall determine if a recall list exists for the general class of position. If an appropriate recall list has been established, the Personnel Department shall 51 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 class being certified, or (2) serving in a position in a higher class than the position being certified. 52 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 Personnel Department shall certify all employees whose names appear on an employee list for the appropriate class in the order in which they appear on the list. If there are fewer than three (3) names with examination grades on the appropriate employee list, the appointing authority may decline the certification until such time as the Personnel Department increases the certification to a minimum of three (3) names by holding an employee examination and combining lists. If there are still not three (3) names with examination grades, the Personnel Department shall add the highest ranking names from the appropriate original appointment list until a total of three (3) individuals has been named. f. Appointment Through Transfer 1. Transfer (District Initiated) A regular employee may be transferred between departments from a classified position in one 53 class to a classified position in the same class with the prior approval of the Director of Personnel and both appointing authorities, when such transfer is considered to be in the best interest of the District. 2. Transfer (Employee Initiated) A regular 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 permanent status in the District=s classified service prior to his/her resignation, disability separation, 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. 54 2. The former employee is fully qualified for the position to which reinstatement is proposed. 55 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 Personnel 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 employee may appoint himself or herself 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 Personnel shall certify the five (5) names having the highest final ratings from the 56 original appointment list. Five (5) names shall be certified unless there are fewer than five (5) names on the entire list. If there are fewer than five (5) names 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. 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. 57 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. 3. Provisional Appointment When an appointing authority finds it essential to fill a vacancy in a position subject to these Rules, and the Director of Personnel is unable to certify an individual for such 58 vacancy because there is no appropriate register, or because there is an insufficient number of names on appropriate registers who are available for appointment, and there is insufficient time to conduct an examination to establish an eligibility list, the Director of Personnel 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 Personnel 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 59 Individuals on eligibility lists shall be certified for vacancies occurring in a class in order of receipt of requests for certification for employees. Individuals on 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 Personnel as a bona fide occupational qualification. b. Certification From Related Lists In the absence of a register established for the class, whenever there are insufficient names on a register to make a complete certification, the Director of Personnel may certify, or augment a certification, from registers for higher classes to vacancies in lower classes, or from registers for one class to vacancies in another class, where he/she determines that the examination conducted therefor reasonably measures the ability of the individual to perform the duties of the class to which certification is made. 60 c. Physical Examinations The Director of Personnel may establish physical examination requirements for any class 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. 61 RULE 7 PROBATIONARY PERIOD 7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD Initial service with the District or initial service in a class of 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 The first 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 class and must display habits and dependability which merit his/her continuance in the District=s service. b. Probation Following Promotion The first six (6) months of service in a classified position to which an employee has been promoted under the provisions of these Rules shall constitute 62 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 class to which he/she has been promoted. c. Probation Following Demotion The first six (6) months of service in a lower class 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 employee list shall be required to serve 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. 63 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. 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 class immediately prior to original appointment to that class and without break in service in that class. b. Computation of the probationary period shall include all probationary service in the class of an employee who was laid off during his/her probationary period and subsequently recalled or restored to the same class. c. Computation of the probationary period shall include all probationary service in the class of an employee who while serving his/her probationary period, displaced another in lieu of layoff and was restored. 64 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 Personnel 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 class of position. An employee has no right of appeal to the Commission from the decision to remove him/her. 65 7.5 RETENTION OF EMPLOYEE AFTER PROBATION An employee shall automatically acquire regular status in his/her position upon completion of the probationary period, unless the appointing authority has notified the Director of Personnel, prior to expiration of the probationary period, either: 66 (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 class in the department occupied immediately prior to the start of his/her promotional or transfer probationary period. b. If no vacancy exists as described in subparagraph a. above, to any vacant classified position in a class in that department with the same maximum salary of 67 the class occupied immediately prior to the start of his/her promotional or transfer probationary period. c. If no vacancy exists as described in subparagraphs a. and b. above, to the class in the department occupied immediately prior to the start of such probationary period. The employee shall temporarily perform duties of a lower or higher class for which the employee is qualified until an appropriate vacancy is available. 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 position in another class in the department with the same maximum salary as the position held immediately after the demotion. b. If no vacancy exists as described in subparagraph a. above, to the class in the department held immediately after the demotion. The employee shall temporarily perform duties of a lower or higher class for which the employee is qualified until an 68 appropriate vacancy is available. 69 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 class, provided he/she is certified from an appropriate list. The probationary period of the class of position to which he/she is promoted shall be as provided in Rules 7.1 and 7.2. 70 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 71 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 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 Plan 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 72 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 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 73 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. 74 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. 75 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. 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 Personnel 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 Personnel Department. The 76 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 working days without notice shall, unless he/she is incapable of providing such notice, be considered as having resigned from District service. 8.7 CHANGE OF ADDRESS AND TELEPHONE NUMBER All employees shall notify the Director of Personnel promptly on the forms designated of any change of address or telephone number. 8.8 MEDICAL EXAMINATIONS AND INQUIRIES The District may require a medical examination (and/or 77 inquiry) of an employee which is job related, consistent with business necessity and consistent with District 78 policies. The District may make inquiries into the ability of an employee to perform job-related functions. 79 RULE 9 EMPLOYEE PERFORMANCE APPRAISAL 9.1 ESTABLISHMENT OF SYSTEM The Director of Personnel shall develop a system of employee performance appraisal covering the classified personnel of the District. The Director of Personnel 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 appraisal 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 of his/her work which, in the judgment of his/her supervisor, either merit commendation or require 80 improvement. 81 d. To assist in establishing eligibility for pay increases as provided in Rule 13. 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 in-service training. 9.3 FREQUENCY OF PERFORMANCE APPRAISAL An employee performance appraisal system shall provide for the frequency of appraisals as follows: a. Performance Appraisals of Regular Employees The work of classified employees holding regular appointments shall be appraised annually, and may be appraised on an interim basis at the discretion of the appointing authority or the Director of Personnel. b. Performance Appraisals of Probationary Employees The work of probationary employees shall be 82 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 Personnel. 9.4 ADMINISTRATION OF SYSTEM An employee performance appraisal system shall provide for: a. Preparation of such appraisals by supervisors on the form and at the times designated by the Director of Personnel. A copy of each such appraisal is to be forwarded to the Director of Personnel 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. 83 RULE 10 PERSONNEL FORMS, RECORDS AND REPORTS 10.1 PERSONNEL FORMS The Director of Personnel 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 Personnel shall be responsible for the maintenance of all records pertinent to personnel and merit system administration. a. Examination Records The Director of Personnel 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 84 Each department shall maintain employee records in such form and content as shall be specified by the Director of Personnel after consultation with department heads. Departments shall promptly submit reports on personnel matters in the form specified by the Director of Personnel. c. Director of Personnel=s Records and Reports The Director of Personnel shall prepare and maintain records showing, for each employee, his/her name, address, telephone number, class title and position number, pay rate, changes in status, annual leave accrued (used and unused), any other leave taken (both with and without pay), and other pertinent data. At least annually, the Director of Personnel 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. d. Availability of Personnel Records The Director of Personnel shall comply with applicable provisions of law relating to inspection and copying of personnel records containing 85 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 Personnel. 86 RULE 11 LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION 11.1 TENURE Every employee who is legally appointed as a result of certification from an appropriate eligibility list, and who holds a regular appointment by virtue of successful completion of his/her original appointment probationary period, shall have tenure of employment in the classified service during meritorious 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 Personnel, 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 Personnel 87 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 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 88 senior employee. If employees have the same seniority and the same application receipt date, the Personnel Department shall use a lottery system to determine the relative seniority between those employees. 3. The layoff procedure shall be by classes within a department. c. Notice of Layoff The appointing authority shall give fourteen (14) days advance written notice of layoff to the Director of Personnel and the employee, and shall certify therein that the layoff is for reasons not reflecting discredit on the employee. 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 89 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 class. If an employee who is to be laid off cannot displace another employee in his/her own department serving in the same class, he/she may displace the least senior employee in the next lower class 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 class 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 class 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 class higher than the lowest class for which there was a potential 90 displacement opportunity in the employee=s original department. b. Failure to Meet Qualifications or Requirements If it is deemed by the Personnel Director that the displacement rights of an employee place him/her in a class 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 class. In this situation only, the employee will be placed in the next lowest class 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. 91 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 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 92 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 class occupied immediately prior to the restoration or in any lower class in his/her general class for which the 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 93 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 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 may at his/her discretion report any oral reprimand as a part of the employee=s service record by forwarding a written memorandum to the Director of Personnel for inclusion in the employee=s file and furnishing a copy of the memorandum to the employee. 94 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 for disciplinary reasons. 4. Dismissal An appointing authority may dismiss a regular employee for disciplinary reasons. 95 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 Plan or of these Rules. 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. Carelessness or negligence in the use or care of District property, or neglect of duty. 5. Conduct which interferes with the efficient operation of a department including, but not limited to, the following: excessive absenteeism; habitual tardiness; leaving the job without permission; sleeping or loitering while on duty; failure to report absences. 96 6. Refusal to perform a reasonable amount of overtime when directed to do so by a proper supervisor. 7. Repeated failure of an employee on stand-by duty to be available for and/or respond to a call for emergency duty. 8. Abusive conduct or language toward fellow employees, supervisors, or the public; fighting or horseplay while on duty. 9. Unauthorized possession of a weapon on District property or while on duty. 10. Theft or attempted theft 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 proscribed in the District=s Substance Abuse Policy when reporting for duty, on duty or on District premises; possession of opened containers of alcohol while on District property or while on duty. 97 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. Scandalous or disgraceful conduct on or off duty where such conduct reflects unfavorably upon the District. 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. 98 16. 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. 2. Disciplinary action shall be determined by the Executive Director, the appointing authority or Director of Personnel. 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, reduced in rank or compensation, 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, 99 shall give the employee a written statement setting forth in substance the reasons therefor and shall file a copy of such statement with the Director of Personnel. 100 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 Personnel shall allocate each position in the classified service to its appropriate class, placing in each such class 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 class. In making such allocations, he/she shall provide for the uniform 101 application of the classification plan to positions under different appointing authorities. 102 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 Personnel. 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 class and the Director of Finance has certified as to fund availability. c. Reallocation of Positions Whenever the Director of Personnel 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 class from that to which it is allocated, the Director of Personnel shall allocate or reallocate the position to the appropriate class. Such allocation or reallocation shall operate to abolish the existing position and to create a new position of the appropriate class. 103 d. Status of Incumbent When Position is Reallocated A regular employee who is occupying a classified position which is reallocated to a different class shall continue in the position, except, that in any case in which a classified position is reallocated to a higher class, the incumbent of such position may attain regular status in the higher class only if he/she achieves a satisfactory grade on a qualifying examination of fitness for the class to which his/her position was reallocated. If no examination is applicable, regular status may be attained upon approval by the appointing authority. If a reallocation results in the assignment of a classified position to an equal or lower class, the incumbent may continue to hold the position if he/she meets the minimum requirements for the new class. e. Review of Allocation and Reallocation If an employee or appointing authority believes 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 class, 104 he/she may ask that the Director of Personnel review the classified position. The Director of Personnel 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 CLASS SPECIFICATION AND CLASSIFICATION a. Contents of Class Specifications The Director of Personnel shall prepare and maintain current written class specifications for all classes of positions in the classification plan. Each of the class specifications shall include: the class code; the designation of the general class into which the class falls; the class title; a general statement of the main characteristics of the class; typical examples of duties of positions in the class; minimum qualification and requirements in terms of training, experience, knowledge, skill, ability and applicable licenses. b. Interpretation of Class Specifications The statements in the class specifications shall be 105 descriptive and definitive of the nature of the work. The class specifications 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 class specifications shall be interpreted so as to allow incidental performance of duties of similar classes 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 Class Specifications in Allocation and Reallocation In determining the class to which a classified position should be allocated or reallocated, the specification of such class shall be considered in its entirety and in relation to the specifications of other classes in the classification plan. 106 d. Use of Minimum Qualifications Statements The minimum qualification statements in each class specification 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 combinations of education, training, or experience may be considered qualifying if deemed equivalent by the Director of Personnel. In addition to the qualification requirements enumerated in the class specifications, all classes of positions 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 class 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 107 to classes through the use of identical criteria. 12.5 USE OF CLASS TITLE AND CODES Class titles and/or class 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 class established under these Rules. 108 12.6 MAINTENANCE OF CLASSIFICATION PLAN The Director of Personnel 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 consultation with the appointing authority, and, as necessary, with the incumbents of positions under analysis. 109 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 classes, 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 classes, subject to other provisions of this Rule. Biweekly rates are based on full-time employment on normal work schedules as specified for the various classes of positions. 110 b. Hourly and Daily Rates 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 (2) workday is completed; and eight (8) hours if work is started but discontinued for reasons beyond the control of the employees after one-half (2) workday is completed. c. Compensation of Temporary Employees Temporary appointees shall be paid for the number of hours worked at the hourly rates equivalent to the 111 pay grade of the salary range specified for their respective classes of position. The Director of Personnel, after conferring with the appointing authority, shall determine the appropriate rate within the pay grade. 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 is separated from the District, is laid off or has been employed for temporary or emergency work, the Director of Personnel 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 shall normally be made at the entrance rate of the 112 salary range. However, upon recommendation of the appointing authority and the Director of Personnel, and with written approval of the Executive Director, original appointment may be made at an intermediate rate if the appointee has exceptional qualifications, or acceptable candidates are not available at the entrance rate. In the latter case, all incumbents of the classification involved who are equally qualified and are receiving a lower rate shall have their rates increased to the entrance rate established for the new employee. b. Starting Rate on Reinstatement An employee reinstated to the same class of position, 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, disability separation, retirement, dismissal, special leave or acceptance of an unclassified position in the District. c. Starting Rate on Return from Military Leave An employee reinstated from military leave to a 113 classified position previously held by him, 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 class, 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 class 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 class 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. 114 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 115 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. 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 116 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: 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 117 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. 118 h. Rate of Pay on Transfer or Reassignment An employee assigned to duty in a classified position not previously held by him, such change not being in the nature of 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 class or to another class 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 119 1. An employee occupying a classified position which is reallocated to a class 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 class 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 greater than the maximum rate for the class to which the position has been reallocated, the employee shall not be entitled to any salary increase until the maximum rate of the class exceeds the employee=s rate of pay. 3. Reallocation of a classified position from one class to another class with the same maximum rate shall not affect the rate received by the employee. 13.5 ADVANCEMENT WITHIN A SALARY RANGE 120 a. Completion of Probationary Period Upon satisfactory completion of the probationary period after original appointment or promotion, an employee assigned to a position in Pay Schedule B may be eligible for salary advancement based upon written recommendation of the appointing authority, using the standard employee evaluation procedures established for the class of position. b. Periodic Advancement Periodic advancement for all employees in the classified service shall be based on favorable written recommendation of the appointing authority, using the employee performance appraisal system approved by the Commission for the class of position. 1. An employee assigned to a classified position in Pay Schedule B will be eligible for advancement to the next step of the pay grade after one year of continuous service after the probationary pay increase, up to the maximum rate of the range. 2. An employee assigned to a classified position 121 in Pay Schedules A and C will be appraised during a designated month each year and all increases within the salary range of the position will be awarded considering employee performance and wage adjustments during the period in question. Employee performance appraisals will be monitored by the Personnel Department and performance increases will be recommended by the appointing authority and approved by the Management Committee. An employee assigned to a classified position in Pay Schedules A and C who is appraised "Unsatisfactory" will not be eligible for a merit increase or a Board approved wage adjustment; except that if failure to receive a wage adjustment results in a salary below the minimum of the range, the employee=s salary will be raised to the minimum rate of the range. 3. An employee=s appointing authority may make a written recommendation to the Executive Director that the employee may be given an increase in salary in excess of any increase 122 authorized by other provisions of these Rules provided that such increase does not result in a salary in excess of the maximum salary of the employee=s salary range. Such recommendation shall contain specific reasons for such increase including the employee=s performance rating and all other relevant extraordinary circumstances which justify such increase. Upon written approval by the Executive Director, such increase shall take effect in accordance with these Rules. c. Requirements as to Continuity of Service Provisions of these Rules relating to advancement within pay grades are based upon continuous service of employees. 13.6 WORKING HOURS a. Regular Working Hours The Executive Director shall prepare a schedule of normal working hours per week for each class of 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 123 not less than seven and one-half (72) 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 shall be agreed to by the Executive Director and the incumbents in all positions affected, and approved by the Commission. Department heads shall so arrange the time for reporting to work, for luncheon intermissions, and for quitting work of the various employees under their supervision so that the employees shall be actually engaged on duty for not less than the minimum number of hours required. 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 interests 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 124 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 classes allocated to Pay Schedules A and B, shall be eligible to be paid for authorized overtime work. Classified employees in classes 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 classes 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 Compensatory Time Policy. 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 125 shall be recognized as compensable overtime work. f. Compensation for Overtime Work Employees assigned to classified positions in classes allocated to Pay Schedules A and B, and those employees in classes allocated to Pay Schedule C which are designated eligible for overtime compensation by District ordinance, shall be paid one and one-half (12) 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 13.6 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 126 regular working hours shall, for each occurrence, be paid a minimum sum equal to compensation for three hours at the appropriate rate of compensation. Employees are not entitled to call-back pay for any work 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 13.6 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 127 and, should such failure be repeated, be subject to appropriate disciplinary action including possible dismissal. 13.7 HOLIDAYS a. List of Holidays The District shall observe the following paid holidays: New Year=s Day January 1 Martin Luther King=s Third Monday in Birthday 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 the Governor of Missouri Thanksgiving Day As designated by the President of the United States Thanksgiving Friday The Friday following Thanksgiving Day, as designated above Christmas Day December 25 Special Holidays Other days designated by the Executive Director and approved by the Board of Trustees 128 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 one (1) additional holiday if such holiday is 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 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 129 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. 130 e. Compensation for Work Performed on Holidays Classified employees in classes allocated to Pay Schedules A B, and those employees in classes allocated to Pay Schedule C which are designated eligible for overtime compensation pursuant to Rule 13.6 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 (12) times their regular rates of pay for the time worked. Holiday hours paid shall be credited toward daily and weekly overtime eligibility requirements. 13.8 MAINTENANCE OF COMPENSATION PLAN The Director of Personnel shall conduct or cause to be conducted an annual survey of rates of pay and fringe benefits in the Greater St. Louis area. On the basis of the results of such survey, the Director of Personnel shall recommend to the Commission changes in the method of evaluating classes, changes in the pay grades of all or specified classes, and changes in the fringe benefits provided by the District. In addition, the Director of Personnel shall recommend changes in the compensation plan on the basis of other data which may be available 131 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 classified positions in each of the several classes. Each rate of pay shall be determined with due regard to rates of pay for other classes, the relative difficulty and responsibility of the characteristic duties of positions of the class, the minimum qualifications necessary for successful performance of the duties of the class, and all other factors involved in the standard procedure of job evaluation approved by the Commission. 132 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. 133 c. Computation of Vacation Leave An employee=s vacation leave shall be computed on the basis of his/her continuous service. 1. Regular Employees Regular full-time employees in the classified service shall accrue vacation in accordance with the following chart: Max.Accum. Length of Monthly Rate Annual End of Continuous Service of Accrual Accrual Cal. Yr. Less than 5 years .833 days 10 days 30 days 5 but less than 15 years 1.250 days 15 days 35 days 15 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 the first six (6) months of employment. An employee may not use vacation time during the first six (6) months of employment and an employee terminated prior to completion of the first six (6) months of employment is not entitled to compensation for accrued vacation. 134 2. Temporary Employees Employees appointed on a temporary, emergency, provisional, hourly or day rate basis shall not be eligible for vacation benefits. d. Vacation Leave Accrual During Military Service Employees who are granted military leave from District service to enter or serve in the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, 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 135 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 (1/2) 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, 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 136 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 revised schedule (pursuant to Rule 13.6) in 137 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. 138 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, 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. 139 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. 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. 140 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. e. 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. 14.4 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 141 Workers' Compensation Law of the State of Missouri. 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. 142 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 which the employee is entitled and no retirement benefits shall be diminished or eliminated because of such service. 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 143 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. (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. 144 (3) If the class 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 class, or abolished, the employee shall be reinstated to a classified position in a comparable class 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 LEAVE DUE TO DEATH 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 145 not exceed four (4) 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 On any day on which 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) Such employees shall be allowed to report for duty three (3) hours after the opening of the polls at their voting place; or (2) Such employees shall be allowed to leave duty three (3) hours before closing of the polls at their voting place; or (3) Such 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 best be served by so scheduling the time off. Department heads are to schedule such absences so 146 that their department may operate as efficiently as possible. 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 Finance in writing that such leave has been granted. The Director of Finance shall, in such cases, deduct an amount from the employee=s salary or wages proportionate to the amount of such time lost. When such a deduction is made from an employee=s pay, he/she shall be notified by the appointing authority as soon as practical. 147 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. The terms and conditions of the special leave of absence shall be presented, in writing, to the employee involved and the Director of Personnel. 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 148 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. Any employee who fails to report for duty promptly or is unable to return to duty at the expiration of the special leave of absence shall be considered as having resigned from the District on the last date of active employment. An employee who is granted special leave of absence shall not accrue vacation credit, service credit for incremental increases or any other benefits provided by the District for the period of such leave. 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 149 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. 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 Personnel shall maintain a policy implementing this Rule in a manner consistent with the Family and Medical Leave Act of 1993. 150 14.13 ADMINISTRATIVE LEAVE An appointing authority or the Executive Director may, following a review by the Director of Personnel, 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. 151 RULE 15 APPEALS AND INVESTIGATIONS 15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR OF PERSONNEL a. General Provisions Employees, individuals on eligibility lists and applicants shall have the right to appeal from administrative decisions of the Director of Personnel 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 Personnel 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 Personnel. 152 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 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 Plan 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 11.8 herein, setting forth in substance his/her reasons for claiming that such discharge, demotion, or suspension was without 153 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 Personnel for the Commission. The Director of Personnel shall notify the appointing authority concerned, and the appeal shall immediately be forwarded to the Commission by the Director. 3. The Commission thereupon shall act upon a requested review within thirty (30) days of the receipt of such written appeal, and where appropriate set the matter for hearing. b. Hearing Procedure 1. In conducting hearings and investigations, the Commission shall act as a body, but special investigation and detailed work may be 154 delegated by the Commission to a member or to the Director of Personnel. 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 155 hearing. However, the District shall not assume responsibility for any payment to any counsel appearing in behalf of either party except when the General 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 156 appeal. Upon such withdrawal, the action of the appointing authority shall become final. 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 any loss of pay. 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 157 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 re-employment 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. 158 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 Plan or of these Rules, the Commission shall have the power to administer oaths, to subpoena, to require the attendance of witnesses 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 13.6 but excluding call-back pay. If any 159 employee shall willfully refuse to testify or answer any questions relative to the matter being heard by the Commission on any grounds, or knowingly give false testimony, he/she shall be dismissed from the classified service. 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 Plan, and to make such recommendations to the Director of Personnel, Executive Director, or the Board, as in its judgment may be warranted. The foregoing Ordinance was adopted October 12, 2000 by the following vote – Ayes – T.W. Purcell, M.G. Reichert, M.C. Williams, C.D. Seward, and J.W. Siscel. Nays – None. Secretary-Treasurer