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1995, is hereby repealed.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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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RULE 2
GENERAL PROVISIONS
2.1 PURPOSE OF RULES
It is the purpose of these Rules to give effect to the
intent and requirements of the Personnel Provisions of
the 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
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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.
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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.
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RULE 7
PROBATIONARY PERIOD
7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD
Initial service with the District or initial service in a
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
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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.
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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.
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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.
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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:
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(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
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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
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appropriate vacancy is available.
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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.
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RULE 8
EMPLOYEE CONDUCT AND RELATIONS
8.1 DISCRIMINATION AND FAVORITISM PROHIBITED
No person in the classified service, or seeking admission
thereto, shall be appointed on any basis or for any
reason other than qualifications, merit and fitness. No
person shall be dismissed, demoted or suspended without
just cause; or because of race, age, sex, creed, color or
disability unrelated to performance of the position; or
because of his/her political, religious or union
affiliations, except affiliations with any group or
organization which seeks or advocates the overthrow of
the government of the United States by force or violence.
8.2 POLITICAL ACTIVITIES
a. Political Contributions
No employee in the classified service shall directly
or indirectly solicit, receive, or be in any manner
concerned in soliciting or receiving any assessment,
subscription, or contribution (defined as including
money, property or other items of value) for any
political party, club or organization, or any
political purpose whatsoever, nor shall any such
employee be required to make any contribution, under
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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
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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
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candidate has been elected, in which case the leave
of absence must be terminated and a resignation
submitted. If a candidate, while on such leave of
absence, is defeated at such election, he/she may
request reinstatement to his/her position in the
classified service provided that a vacancy exists.
e. Non-Partisan Political Candidacy and Office
Upon written determination by an employee=s
appointing authority and the Executive Director that
an office and candidacy is non-partisan and will not
conflict with the employee=s employment with the
District, an employee may become a candidate for and
hold a public office provided that: (i) the
employee=s action is voluntary, without coercion
from supervisors or appointing authority; (ii) the
employee performs the activities related to the non-
partisan office or candidacy on the employee=s own
time; (iii) the employee does not put
himself/herself forth as a representative of the
District (including wearing a District designated
uniform or District identification) in performing
the activities related to the non-partisan office or
candidacy; and (iv) the election or office remains
non-partisan.
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f. Authority for Opinions on Political Activity
When in doubt as to whether a proposed activity is
banned as political in nature or could be construed
to be a conflict of interest, an employee may seek
an opinion from the General Counsel before engaging
in such activity.
8.3 CONFLICTING EMPLOYMENT
No employee shall receive compensation other than from
the District if the receipt of such compensation either:
(1) interferes with, or is reasonably likely to
interfere with, the proper performance of the employee=s
functions or duties with the District, or (2) creates, or
is reasonably likely to create, a conflict between the
interests of the District and the provider of the
compensation. Prior to receipt of compensation from a
source other than the District and at any time after
request by the employee=s appointing authority, the
employee shall give his/her appointing authority full
information relating to the terms and conditions
pertaining to such compensation. If the appointing
authority determines the employee is, or would be, in
violation of the provisions of this Rule, the appointing
authority shall take appropriate action.
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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
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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
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inquiry) of an employee which is job related, consistent
with business necessity and consistent with District
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policies. The District may make inquiries into the
ability of an employee to perform job-related functions.
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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
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improvement.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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2. Suspension
An appointing authority may suspend an employee
with or without pay for disciplinary reasons.
Such suspensions shall not exceed ten (10)
working days for one offense. Receipt of
suspensions totaling more than thirty (30)
working days in any twelve (12) successive
months shall be deemed a dismissal.
3. Demotion
An appointing authority may demote an employee
for disciplinary reasons.
4. Dismissal
An appointing authority may dismiss a regular
employee for disciplinary reasons.
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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.
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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.
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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.
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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,
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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.
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RULE 12
CLASSIFICATION PLAN
12.1 EXISTING PLAN RESERVED
The adoption of these Rules shall not repeal the existing
classification plan, which was adopted under Rules hereby
superseded. Proposed amendments to any existing
classification plan, when approved by the Commission,
shall be submitted to the Board and shall become
effective upon the effective date of the ordinance
authorizing the amendment.
12.2 ADMINISTRATION OF CLASSIFICATION PLAN
a. Allocation of Positions
The Director of 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
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application of the classification plan to positions
under different appointing authorities.
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b. Establishment of Positions
The request for a new classified position shall be
initiated by the appointing authority in the manner
and on the form specified by the Director of
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.
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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,
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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
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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.
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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
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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.
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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.
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RULE 13
COMPENSATION PLAN
13.1 COMPENSATION PLAN
The compensation of all classified employees shall be
established within the salary ranges of the appropriate
pay grades prescribed by ordinance for the respective
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.
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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
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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
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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
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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.
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e. Starting Rate on Restoration
1. Original Position
When an employee is restored to the position
he/she occupied immediately prior to
displacement or layoff, his/her pay rate shall
equal the following amount:
For Schedule B Employees
The rate of the grade and step occupied by the
employee immediately prior to displacement or
layoff.
For Schedules A and C Employees
The employee=s salary rate immediately prior to
displacement or layoff plus all Board approved
wage adjustments, if any, calculated with
respect to the employee=s rate immediately
prior to displacement.
2. Position Lower Than Original Position
When an employee is restored to a position
lower than his/her position immediately prior
to displacement or layoff, his/her pay rate
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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
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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
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position to which the employee is recalled,
provided that such salary does not exceed 95%
of the employee=s rate immediately prior to
displacement or layoff as adjusted by Board
approved wage adjustments, if any.
g. Starting Rate on Promotion
The starting rate upon promotion shall be as
follows:
1. An employee promoted to a classified position
in Pay Schedule B shall be placed in the lowest
step in the higher salary range which will
provide the employee a minimum increase
equivalent to one (1) regular pay increment
over the rate received immediately prior to
promotion.
2. An employee promoted to a classified position
in Pay Schedules A and C shall be placed in a
rate in the higher salary range which will
provide the employee with an increase of at
least 5% over the rate received immediately
prior to promotion.
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h. Rate of Pay on Transfer or Reassignment
An employee assigned to 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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shall be observed on the following Monday and those
which fall on Saturday shall be observed on the
preceding Friday, unless other arrangements are
approved by the Executive Director.
d. Compensation for Observance of a Holiday
All eligible classified employees shall receive
their regular compensation for the date of the
holiday observance. Any employee absent without
authorized leave with pay on one (1) or both
scheduled workdays immediately preceding and
following the holiday observance date shall not be
compensated for the holiday. If the holiday falls
on an employee=s regularly scheduled workday, and
the employee is eligible for holiday pay, those
holiday hours shall be credited toward daily and
weekly overtime pay.
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e. Compensation for Work Performed on Holidays
Classified employees in 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
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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.
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RULE 14
LEAVES OF ABSENCES
14.1 VACATION LEAVE
a. General Provisions
Vacation leave with pay will be granted to employees
under the terms and conditions specified in this
Rule. Vacation schedules shall be established by
appointing authorities, but if the workload of the
employee=s organizational unit makes the granting of
vacation leave impracticable and undesirable, such
vacation leave may be withheld at the discretion of
the appointing authority. Vacation leave so
withheld may accrue to the employee=s credit during
the calendar year following the calendar year during
which the vacation leave was withheld
notwithstanding the maximum accumulation provision
hereunder.
b. Vacation Preference
Employees with greater continuous service shall,
within their classification and departmental work
locations, normally have first choice for selecting
vacation time.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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(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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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3. In all cases of appeal from suspensions,
demotions and dismissals, the decision of the
Commission shall be final. Copies of the
Commission=s decision shall be made available
in accordance with applicable law.
15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND PRODUCTION
OF RECORDS
In the course of any hearing or investigation conducted
under the provisions of the 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
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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