Loading...
Exhibit MSD 4 - Civil Service Rules and Regulations June 2017REVISION DATES HUMAN RESOURCESDEPARTMENT 2350 MARKET STREET ST. LOUIS, MO 63103 THE METROPOLITAN ST. LOUISSEWER DISTRICT CIVIL SERVICE RULESAND REGULATIONS ADOPTED June8, 2017 ORDINANCE NO. 14687 September 16, 1955 April 9, 1956 July 7, 1958 October 22, 1958 May 17, 1960 November 10, 1960 June 25, 1962 September 10, 1964 February 20, 1969 February 22, 1971 August 29, 1972 i November 12, 1975 September 29, 1976 May 9, 1979 November 14, 1979 August 11, 1982 October 11, 1989 July 9, 1991 April 20, 1995 September 14, 1995 October 12, 2000 July 12, 2007 June 8, 2017 THE METROPOLITAN ST. L OU I S SEW ER DISTRICT CIVIL SERVICE RULESAND REGULATIONS Table of Contents Page RULE 1 DEFINITIONS 1 RULE2 GENERAL PROVISIONS 11 2.1 PURPOSE OF RULES 11 2.2 POSITIONS COVERED BY RULES 12 2.3 AMENDMENT OF RULES. 12 2.4 ADMINISTRATION OF RULES 12 2.5 VALIDITY OF RULES 13 2.6 SIN GULARAND PLURAL USAGE 13 2.7 EFFECTIVE DATE OF RULES 13 RULE 3 ORGAN IZATION FOR PERSONNEL A DM I N ISTRATION 14 3.1 GENERAL PROVISIONS 14 3.2 H UMAN RESOU RCES DI RECTOR (OR DIRECTOR OF) 14 3.3 CIVIL SERVICE COMMISSION 15 a. Appointment and Term 15 b. Duties 15 c. Officers 16 d. Meetings 16 RULE 4 APPLICATIONSAND EXAMINATIONS 17 4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION 17 4.2 NOTICE OF EXAMINATIONS 17 4.3 MINIMUM QUALIFICATIONSFOR FILING FOR EXAMINATION 18 4.4 FILING OF APPLICATION FOR EXAMINATION 18 4.5 DISQUALIFICATION OF APPLICANTS 19 4.6 CHARACTER OF EXAMINATIONS 21 a Open Competitive Examinations 21 b. Open Continuous Examinations 22 c. Employee Examinations 22 4.7 ADMINISTRATION OF EXAMINATIONS 23 a. Establishment of Procedures 23 b. Use of District Employees 23 c. Contracting for Examinations 23 4.8 RATING OF EXAMINATIONS 23 a. Method of Rating and Minimum Grades 23 b. Consideration for Lower .bb Titles 24 c. Rating of Competence 24 4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS 24 a. Notice of Examination Results 24 ii b. Records of Test Results; Corrections 24 RULE5 ELIGIBILITY LISTS 26 5.1 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS 26 5.2 TYPESOFELIGIBILITYLISTS 26 a. Original Appointment List 26 b. Employee Lists 26 c. Restoration List 27 d. Recall Lists 27 5.3 CONSOLIDATION OF LISTS 27 5.4 USE OF RELATED ELIGIBILITY LISTS 28 5.5 DURATION OF ELIGIBILITY LISTSAND ELIGIBILITY 28 a. Original Appointment Lists 28 b. Employee Lists 29 c. Recall Lists. 29 d. Restoration Lists 29 5.6 AVAILABILITY OF INDIVIDUALSON ELIGIBILITY LISTS 29 5.7 REMOVAL OF NAM ES FROM LISTS. 29 5.8 REQUEST TO RETURN NAM ETO ELIGIBILITY LIST 31 RULE6 CERTIFICATION AND A PPOIN TM EN T 32 6.1 REQUEST TO FILL A POSITION 32 6.2 FILLING OF VACANCIES 32 a. Appointment Through Demotion 32 1. Involuntary Demotion 32 2. Voluntary Demotion 33 b. Appointment Through Reassignment 33 c. Appointment from Restoration Lists 33 d. Appointment from Recall Lists 34 e. Appointment from Employee Lists 34 f. Appointment Through Transfer 35 1. Transfer (District Initiated) 35 2. Transfer (Employee Initiated) 35 g. Appointment Through Reinstatement 35 h. Appointment From Original Appointment List 36 i. Appointments of Limited Duration 37 1. Temporary Appointments 37 2. Emergency Appointments. 37 a Provisional Appointments 38 6.3 OVERLAP OF INCUMBENTS 38 6.4 CERTIFICATION OF INDIVIDUALSFROM ELIGIBILITY LISTS 38 a. Order of Certification 38 b. Certification From Related Lists 39 c. Physical Examinations 39 RULE 7 PROBATIONARY PERIOD 40 7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD 40 iii a. Original Appointment Probation 40 b. Probation Following Promotion 40 c. Probation Following Demotion 41 d. Probation Following Transfer 41 a Probation Following Reinstatement 41 7.2 COMPUTATION OF TH E PROBATIONARY PERIOD 41 7.3 EMPLOYEE EVALUATION DURING PROBATION 42 7.4 REMOVAL DURING PROBATIONARY PERIOD 42 7.5 RETENTION OF EM PLOYEE A FTER PROBATION 43 7.6 FOLLOWING REMOVAL DURING PROMOTIONAL OR TRANSFER PROBATIONARY PERIOD 43 7.7 FOLLOWING REMOVAL DURING DEMOTIONAL PROBATIONARY PERIOD 44 7.8 PROMOTION DURING PROBATION 44 RULE 8 EMPLOYEE CONDUCT AND RELATIONS 46 8.1 DISCRIMINATION AND FAVORITISM PROHIBITED 46 8.2 POLITICAL ACTIVITIES. 46 a. Political Contributions 46 b. Political Speeches and Campaigning 46 c. Political Rights of Employees 47 d. Partisan Political Candidacy 47 e. Non -Partisan Political Candidacy and Office 48 f. Authority for Opinions on Political Activity 49 8.3 CONFLICTING EMPLOYMENT 49 8.4 FINANCIAL INTEREST 49 8.5 RELATIVES& MEMBERSOFHOUSEHOLD 50 8.6 ATTEN DAN CE AN D REPORTS OF ABSENCE 50 8.7 CHANGE OF EMPLOYEE IN FORMATION 51 8.8 MEDICAL EXAM INATIONSAND INQUIRIES 51 RULE 9 PERFORMANCE MANAGEMENT 52 9.1 ESTABLISH M EN T OF SYSTEM 52 9.2 PU RPOSES OF SYSTEM 52 9.3 FREQUENCY OF PERFORM AN CE A PPRA I S4 L 53 a PerformanceAppraisalsof Regular Employees 53 b. Performance Apprai sals of Probationary Employees 53 c. Performance Appraisals of Temporary Employees 53 9.4 ADMINISTRATION OF SYSTEM 53 RULE10 PERSONNEL FORM Sr RECORDSAND REPORTS 55 10.1 PERSONNEL FORMS 55 10.2 PERSONNEL RECORDS 55 a. Examination Records 55 b. Department Personnel Records and Reports 55 c. Director of Human Resources Records and Reports 55 iv d. Availability of Personnel Records 56 RULE 11 LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION 57 11.1 SENIORITY 57 11.2 LAYOFF 57 a. When Permitted 57 b. Order of Layoff 57 c. N of i ce of Layoff 58 d. Position After Layoff 59 11.3 DISPLACEMENT 59 a. Procedure 59 b. Failure to Meet Qualifications or Requirements 60 c. Evaluation After Displacement 60 11.4 RESTORATION/ RECALL 60 a. Procedure 60 b. Evaluation After Recall 61 c. Evaluation After Restoration 61 11.5 DISABILITY 62 11.6 DISCIPLINARY ACTION 62 a. Typesof Disciplinary Action 62 1. Reprimand 62 2. Suspension 63 3. Demotion 63 4. Dismissal 63 b. Reasons For Which Disciplinary Action May Be Taken 63 c. General Provisions 67 11.7 NOTIFICATION OF SEPARATION AND DIBCIPLINARYACTION 67 RULE 12 CLASSIFICATION PLAN 68 12.1 EXISTING PLAN RESERVED 68 12.2 ADMINISTRATION OF CLASSIFICATION PLAN 68 a. Allocation of Positions 68 b. Establishment of Positions 69 c. Reallocation of Positions 69 d. Status of Incumbent When Position is Reallocated 69 e. Review of Allocation and Reallocation 70 12.3 JOB D ESCRI PTION SA N D CLASSIFICATION 70 a. Contents of.bb Descriptions 70 b. Interpretation of .bb Descriptions 71 c. Use of,bb Descriptions in Allocation and Reallocation 71 d. Use of Minimum Qualifications Statements 71 12.4 USE OF STANDARD PROCEDURE OF JOB ANALYSIS 72 12.5 USE OF JOB TITLESAN D CODES 72 12.6 MAINTENANCE OF CLASSIFICATION PLAN 72 RULE 13 COMPENSATION PLAN 74 13.1 COMPENSATION PLAN 74 13.2 BASISOF PAY RATES 74 a. Compensation of Full -Time Employees 74 b. Compensation of Temporary Employees 74 1. Hourly and Daily Rates of Temporary Employees 75 13.3 PAYM EN T OF COM PEN SATI ON 75 13.4 ENTRANCE PAY RATES 76 a. Starting Rate on Initial Employment 76 b. Starting Rate on Reinstatement 76 c. Starting Rate on Return from Military Leave 76 d. Starting Rate of Displadng Employees 77 e. Starting Rate on Restoration 77 1. Original Position 78 2. Position Lower Than Original Position 78 f. Starting Rate on Recall 79 1. Original Position 79 2. Position Lower Than Original Position 79 g. Starting Rate on Promotion 80 h. Rate of Pay on Transfer or Reassignment 80 i. Rate of Pay on Demotion 81 j. Rate of Pay Following Unsuccessful Promotional Probationary Period 81 k. Rate of Pay on Reallocation 81 13.5 WORKING HOURS. 82 a. Regular Working Hours 82 b. Overtime 82 c. Eligibility for Overtime Compensation 83 d. Eligibility for Compensatory Time 83 e. Calculation of Overtime 84 f. Compensation for Overtime Work 84 g. Reporting of Overtime Work 84 h. Call -Back Pay 85 i. Stand-by Pay 85 13.6 HOLIDAYS 87 a. List of Holidays 87 b. Personal Holidays 87 c. Holiday Observance 88 d. Compensation for Observance of a Holiday 88 e. Compensation for Work Performed on Holidays 89 13.7 MAINTENANCE OF COMPENSATION PLAN 89 RULE 14 LEAVES OF ABSENCES 91 14.1 VACATION LEAVE 91 a. General Provisions 91 b. Vacation Preference 91 vi c. Computation of vacation Leave 91 1. Regular Employees 92 2. Temporary Employees 92 d. Vacation Leave Accrual During Military Service 93 e. Restrictions on Granting of Vacation Leave 93 1. Regularly Scheduled Vacation Leave 93 2. Emergency Vacation Leave 93 3. Hourly Increment Vacation Leave 94 4. Vacation Leave to Supplement Workers' Compensation Benefit 94 5. Vacation Leave Upon Exhaustion of Accrued Sick Leave 95 f. Payment for Unused Vacation Leave 95 g. Transfer of Unused Vacation Leave 95 14.2 EDUCATIONAL LEAVE 95 14.3 SCK LEAVE 96 a. Granting of Sid( Leave With Pay 96 b. Exdusionsfrom Sck Leave With Pay 96 c. Control of Sck Leave With Pay 97 d. Absence Due to Illness in Employee's Household 97 14.4 INJURY ON THEJOB 97 14.5 MILITARY SERVICE/ RESERVE LEAVE 98 a With Pay 98 b. Without Pay 98 c. Physical Examination for Military Purposes 99 14.6 MILITARY LEAVE AFTER SERVICE 99 14.7 BEREAVEMENT LEAVE 100 14.8 ABSENCE FOR VOTING 101 14.9 ABSENCE FORJURY DUTY/ WITNESSPAY 102 14.10 LEAVE WITHOUT PAY 102 14.11 SPECIAL LEAVE 102 14.12 FMLA LEAVE 103 14.13 ADMINISTRATIVE LEAVE 104 RULE 15 APPEALSAND INVESTIGATIONS 105 15.1 APPEALS FROM ADM IN ISTRATIVE DECI SI ON SOF DIRECTOR OF HUMAN RESOURCES 105 a. General Provisions 105 b. Procedurefor Appealsfrom Administrative Decisions 105 c. Nature of Commission Review of Administrative Decisions 105 15.2 APPEALS FROM DISCIPLINARY ACTION 106 a. General Provisions 106 b. Hearing Procedure 107 c. Decision of the Commission 109 15.3 POWER TO ADM IN ISTER OATHS, SUBPOENA AND DEMAND PRODUCTION OF RECORDS. 110 15.4 INVESTIGATION BY THE COMMISSION 111 VII RULE 1 DEFINITIONS As used in these Rules, thefollowing terms shall have the meaning indicated below, unlessthecontent specifies or clearly indicates another meaning. 1.1 ALLOCATION —The assignment of an appropriate Job Title to a position based on the kind of work, duties, and responsibilities. 1.2 APPOINTING AUTHORITY — The Executive Director or an officer or head of a department or other organizational unit to whom the Executive Director has delegated the authority to make appoi ntments. 1.3 APPOINTMENT —The induction of a person to a position in the classified service of the District. Appointments shall be of the following types: Recall; Restoration; Promotion; Original Appointment; Emergency Appointment; Transfer; Reassignment; Reinstatement; and Demotion. 1.4 CERTIFICATION The act, by the Director of Human Resources, of supplying an appointing authority with the names of applicants deemed eligible for appointment to a vacant position in the dassified service. May also refer to the list of names from an eligibility list supplied to the appointing authority. 1 1.5 CHARTER —The basic charter of the Metropolitan St. Louis Sewer District as adopted February 9, 1954, as amended, by vote of the people under the provisions of Article VI, Section 30(a) and (b) of the constitution of Missouri as amended. 1.6 CLASSIFICATION, JOB TITLE or TITLE — The designation given under the Classification Plan to describe a position. 1.7 CLASSIFICATION PLAN —The arrangement of all Job Titles in the classified service into a system of General Classes and Job Descriptions. 1.8 CLASSIFIED EMPLOYEE -- An employee occupying a position in the dassified service of the District. 1.9 CLASSIFIED POSITION --A position in thedassified service. 1.10 CLASS!CLASSIFIED SERVICE —All positions not specified as undassified. 1.11 COMMISSION —The Metropolitan St. Louis Sewer District Civil Service Commission, which is appointed by the Board. 1.12 COMPENSATION -- The salary, wages, fees, and all other forms of valuable consideration, earned or paid to any employee of the classified service by reason of service in the position, but does not indude allowances for authorized and incurred expenses which are inddental to employment. 2 1.13 COMPENSATION PLAN — A schedule of salaries established by ordinance as Schedules A, B and C for the job titles recognized in the dassification plan. 1.14 CONTINUOUS SERVICE -- The period of time between an employee's date of most recent employment as shown on the records of the District and the date to which such service with the District is being determined. Said period of time shall be reduced by the period of time of any layoff, special leave pursuant to Rule 14.11 and FMLA leave (unless substituted other leave) pursuant to Rule 14.12. In addition, if an employee is appointed by reinstatement, said period of time shall be reduced by any period of time an empioyeewas separated from District service. 1.15 DAYS --As used herein, unless otherwise specified, calendar days. 1.16 DEMOTION — The change of an employee from one job title to another job title at a lower maximum rate of pay when such change isnot in the nature of displacement. 1.17 DEPARTMENT --An established major organizational unit of the District. 1.18 DISCHARGE OR DISM ISSAL -- The involuntary separation of a person from employment in the District because of unsatisfactory service or conduct. 1.19 DISPLACEM ENT —The placement of an employee in lieu of layoff in a position in the employee's general dass that is in a pay grade that is equal to or lower than the position occupied by the employee. 3 1.20 DISTRICT — The Metropolitan St. Louis Sewer District as established by the Charter 1.21 ELIGIBILITY LIST— Any of the lists of names of persons eligible for appointment to 1.22 1.23 positions in the classified service of the District. EMERGENCY APPOINTMENT -- The appointment of a qualified individual to a dassified 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. EM PLOYEE EXAM [NATION — A competitive examination which is designed to measure the relative qualifications, comparative excellence and general fitness of employees for a particular job title in the classified service. 1.24 EM PLOYEE LIST —A list of regular and/ or original probationary employees, who are qualified for assignment to a particular job title. 1.25 EXAM I NATION —All of the tests or evaluations of fitness together that are applied to determine the relative qualifications of applicants. 1.26 EXECUTIVE DIRECTOR — Appointed by the Board and is the Chief Executive and Administrative Officer of the District. 4 1.27 GENERAL CLASS--Oneor morejob titles which are grouped because of their related educational disciplines or courses of study, fields of specialty, or nature of work or skill, but which vary in difficulty of duties and levels of responsibility, and constitute a normal line of advancement. 1.28 HEARING —A proceeding before the Commission or its designee, held in accordance with law, for the following purposes: to hear appeals of dassified employees from adverse action of dismissal, demotion, reduction in compensation, or suspension; to hear appeals of classified employees from administrative decisions of the Director of Human Resources; or to consider any other matter within the jurisdiction of the Commission. 1.29 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) -- The Chief Executive Officer of the merit system; as used in these Rules, the terms denote the staff or office of Di rector of H uman Resources as well as the individual. 1.30 I M M ED IATE 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. The District has the right to request confirmation that a current relationship exists or that relatives reside w ithi n the employee's household. 1.31 JOB DESCRIPTION — The written description of the duties and responsibilities of a job title and its qualification standards. 5 1.32 LAYOFF — The removal of an employee from the classified service because of lack of work or shortage of funds or by reason of abolishment of a classified position because of reorganization within the department or District. Layoffs shall not be considered dismissals and are, therefore, not subject to the provisions of Rule 15. 1.33 MANAGEM ENT COMMITTEE A committee selected by the Executive Director from employees holding executive unclassified positions. 1.34 OPEN COMPETITIVE EXAMINATION An examination open to all persons, whether employed by the District or not, who meet and comply with the prescribed requirements for admission. 1.35 OPEN CONTINUOUS EXAMINATION An open competitive examination having 1.36 no date scheduled for termination. ORIGINAL APPOINTMENT -- Appointment to a position in the dassified service, other than by recall, restoration or reinstatement, of an applicant who is not a regular employee at the time of the appointment. 1.37 PART TIME EMPLOYEE —A person who is employed on a biweekly basis to work less than the normal biweekly hours of the position. For any job title covered by the Memorandum of Understanding an agreement must be established between the District and the Local Union to designate that employee as part time. 6 1.38 PAY GRADE The appropriate salary range for designated job titles in the classification plan. 1.39 POSITION — A group of duties and responsibilities designated to be performed by one employee and established according to these Rules. 1.40 PROBATIONARY EMPLOYEE --A person appointed from an eligibility list who has not yet completed hiW her appropriate probationary period of service. 1.41 PROBATIONARY PERIOD -- The final step in the examination process; a specified period (usually six (6) months) during which an employee is required to demonstrate through actual performance his/ her fitnessfor a classified position. 1.42 PROMOTION — A change in the assignment of an employee to a job title having a 1.43 higher maximum salary rate when such change is not in the nature of restoration. PROVISIONAL APPOINTMENT A temporary non-competitive appointment of an individual to fill a classified position, pending establishment of an eligibility list for such position. 1.44 REALLOCATION — A change to a dassified position by raising it to a higher pay grade, reducing it to a lower pay grade, or moving it to another job title at the same pay 7 grade on the basis of a significant change in duties, authority or responsibility of the position that have been performed for a minimum of one year in duration. 1.45 REASSIGNMENT — Assignment of an employee within the department under the same appointing authority from one area to another area within the same job title. 1.46 RECALL The appointment of an employee toadassified position from a recall list. 1.47 RECALL LIST -- A list of persons who have been regular employees in a particular job title and who have been laid off in good standing and are entitled to have their names certified for appointment to job titles in a general dass for which their qualifications may be considered. 1.48 1.49 1.50 REGULAR EMPLOYEE -- An employee who has been appointed to a position in the classified service in accordancewith Civil Service Rules and has successfully completed his/ her original appointment probationary period. REINSTATEMENT At the discretion of the Appointing Authority, the return to District service of a regular employee in accordance with regulations governing such re-employment. 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 dassified service; (2) the employee's continued absence 8 after the exhaustion of all leave granted to and/ or accrued by the employee; or (3) any other act which dearly indicates the employee's intention to leave the classified service. 1.51 RESTORATION — In the case of a recalled employee occupying a position in a lower pay grade than that held prior to layoff, the placement of the employee to the job title held immediately prior to layoff or to a position in a lower job title of the same general class of that held immediately prior to layoff. In the case of an employee who has been displaced, the placement of the employee to the job title held immediately prior to displacement or to a position in a lower job title of the same general Bass of that held immediately prior to displacement. 1.52 RESTORATION LIST -- A list of regular employees who have either been recalled or have displaced other employees, and who are entitled to have their names certified for appointment to a classified position in the job title held immediately prior to layoff or displacement or to a position in a lower job title of the same general Bass of that held immediately prior to the layoff or displacement. 1.53 RETIREMENT — A voluntary separation where a retirement benefit is payable at the time of separation in accordance w ith the District Pension Plan ordinances. 1.54 RULE OR RULES One or more of The Metropolitan St. Louis Sewer District Civil Service Rules and Regulations. 9 1.55 SALARY RANGE-- The spread between the minimum and maximum salary of any pay grade. 1.56 SEPARATION —The removal of an employee from the classified service of the District by dismissal, retirement, death, or resignation. 1.57 SUSPENSION -- An involuntary, unpaid leave of absence for disciplinary purposes or pending an investigation of charges made against an employee. 1.58 TEM PORARYAPPOINTM ENT —An appointment of an individual from an eligibility list to an approved position which is limited in duration. 1.59 TRANSFER — Assignment of an employee from a classified position to a different classified position with the same pay grade. 1.60 UNCLASSIFIED SERVICE -- All positions in the District specifically excluded by the Charter, ordinance or Rules from the dassified service. 1.61 UNCLASSIFIED POSITION --A position in the unclassified service. 10 RULE 2 GENERAL PROVISIONS 2.1 PURPOSE OF RULES It is the purpose of these Rules to give effect to the intent and requirements of the Personnel Provisions of the Charter. These Rules shall be applied in accordance with the intent of the Charter which is interpreted and declared to be as follows: (1) To establish for employees in the classified service a modern system of personnel administration based on merit principles and designed for efficient administration and which will support the District's role as an equal opportunity employer (2) To govern the appointment, promotion, transfer, layoff, separation and discipline of employees in the classified service, and other District employment transactions on the basis of merit and fitness. (3) To maintain a uniform classification plan based upon relative duties, level of difficulty and responsibility, and qualifications required of positions in the classified service. (4) To administer a Compensation Plan, with due consideration given the interest of both employee and taxpayer, which is based on the principle of equal pay for substantially equal work and which will insure compensation proportionate to 11 the difficulty, responsibility and qualification requirements of the work performed. 2.2 POSITIONS COVERED BY RULES These Rules shall apply to all positions in the classified service as defined in these Rules. 2.3 AMENDMENT OF RULES The Commission shall hold a public hearing on proposed amendments to the Rules recommended by the Director of Human Resources or by the Commission in accordance with the Personnel Provisions of the Charter. After such hearing, the Commission shall approve, modify and approve, or reject the proposed amendments wholly or in part. Amendments approved by the Commission shall then be submitted to the Board and shall become effectivewhen adopted by ordinance. 2.4 ADMINISTRATION OF RULES The Director of Human Resources is charged with the responsibility for the administration of the Rules. Administrative regulations prescribing the detailed procedure for the administration of the Rules shall be established, amended or rescinded by the Director of Human Resources after consultation with the Executive Director, with the approval of the Commission. 12 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 induded. 2.6 SINGULARAND PLURAL USAGE As used in these Rules, the singular shall indude the plural, and the plural shall indude the singular 2.7 EFFECTIVE DATE OF RULES The Rules and Amendments herein shall become effective upon the effective date of the appropriate ordinance. 13 RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION 3.1 GENERAL PROVISIONS Final authority for all personnel administration shall rest with the Executive Director of the District, except as otherwise provided by the Charter. He/ she shall appoint and, when necessary for the good of the service, remove all officers and employees of the District, except as otherwise provided in the Charter, and except as hel she may authorize the head of a department or office to appoint subordinates in such department or office, subject to the Personnel Provisions of the Charter. 3.2 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) The Di rector of Human Resources shall: (1) Hold examinations for all appointments in the dassified service, establish eligibility lists, and certify names from eligibility lists to appointing authorities for filling vacancies in said service. (2) Report annually to the Commission regarding the operation of the Personnel Provisions of the Charter. (3) Prepare and recommend to the Commission such rules as he' she may consider appropriate to carry out the Personnel Provisions of the Charter 14 (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 Di rector 3.3 CIVIL SERVICE COMMISSION a. Appointment and Term Civil Service Commission -- Appointment Term. There shall beaCivil Service Commission of three members, who shall be appointed by the Board. Members shall have the same qualifications as required for Trustees, except that no member shall be a Trustee under the Charter. Members shall be persons who are known to be in sympathy with the application of merit principles to public employment. Members shall be appointed for a term of three years. Vacancies shall be filled by the Board for the unexpired term. b. Duties Civil Service Commission -- Duties -- The Civil Service Commission shall: 1. Advise the Board, Executive D i rector, and D i rector of H uman Resources on problems concerning personnel administration. 15 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, condusions, and recommendations. 3. Recommend Civil Service Rules and revisions to the 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 dvic, 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 a minimum of one year. The Director of Human Resources shall serve as secretary of the Commission. d. Meetings Regular meetings shall be held on such dates as shall be determined by the Commission. Special meetings shall be held on call of the chairman or any two members of the Commission. RULE 4 APPLICATIONSAND EXAMINATIONS 4.1 FORM AND FILING OFAPPLICATIONSFOR EXAMINATION Application shall be accepted only on official forms prescribed by the Director of Human Resources and approved by the Commission. The applicant shall affix hill her signature to each application and the signature shall certify the truth of all statements contained therein. The application form shall not require any information that does not comply with the Equal Employment Opportunity Act or any other Federal or State regulations for the position in question or political affiliations of an applicant other than to require the applicant to certify non -affiliation with any group or organization which seeks or advocates the overthrow of the government of the United States by force or violence, said certification being in accordance with the provisions of the Charter. The District shall hold the right to conduct a background investigation of any applicant. 4.2 NOTICE OF EXAMINATIONS The official announcement of an examination shall consist of the posting of a notice thereof for a minimum of five (5) working days prior to the last date applications will be accepted. Said notice shall be posted in the public area of the District's Headquarters. The Director of Human Resources shall also make use of such other means for publicizing the announcement of each examination as in his/ her best judgment are best suited for informing qualified persons that the examination is to be given. These may indude paid advertisements in newspapers and periodicals, announcement to the press 17 and to educational institutions, posters and circulars for general distribution, and similar means. Each official announcement of an examination shall specify the job title and salary range for which the examination is announced; the nature of the work to be performed; the necessary and desirable qualifications; the time, place and manner of making application; special requirements or qualifications; and such other information as the Director of Human Resources considers pertinent and useful. 4.3 MINIMUM QUALIFICATIONSFOR FILING FOR EXAMINATION All persons who may lawfully work in the United States, and meet the reasonable standards or requirements regarding training, experience, and other factors fixed by the Director of Human Resources and stated in the notice of examination, shall be permitted to file an application for examination; provided however, that any applicant taking an examination for any job title who fails to make a passing grade shall not be allowed to file an application for examination for such job title until six (6) months after the date of the prior examination for such job title. 4.4 FILING OFAPPLICATION FOR EXAMINATION To be accepted for review, applications for examination must be filed with the District Human Resources Department by the date, if any, specified in the notice for application, or as specified by the Director of Human Resources. 18 4.5 DISQUALIFICATION OFAPPLICANTS The Director of Human Resources shall reject the application for examination or refuse to examine an applicant, or after examination disqualify such applicant or if already appointed, consult with the appointing authority in taking steps to remove such person if such person: (1) has failed to submit his! her application for examination correctly or within the prescribed time limits; (2) is found not to meet all of the preliminary requirements established for the examination for thejob title; (3) has made a false statement of material fact in his/ her application for examination, or practices, has practiced or attempted to practice any fraud or deception in his/ her attempt to secure appointment; (4) has directly or indirectly obtained information regarding the examination to (5) which, as an applicant, he/ she was not entitled; has taken part in the compilation, administration, or scoring of the examination for which he/ she is an applicant; (6) is unable to perform an essential job function of the position with or without reasonable accommodation; 19 (7) has established an unsatisfactory employment record as evidenced by performance reviews, disciplinary actions and/ or 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 (induding, but not limited to, participation in and compliance with a substance abuse rehabilitation program after said positive result); or is prohibited from performing the duties of the job title by a federally mandated substance abuse testing regime; (9) has been convicted of criminal conduct, or engaged in dishonest, immoral or notoriously disgraceful conduct, of such gravity as to render him/ her unfit for the position for which hel she applies; (10) has used or attempted to use political pressure, deception, fraud or bribery to secure an advantage in an examination, or in appointment or advancement; (11) is proved to be affiliated with any group or organization which seeks or advocates the overthrow of the government of the United States by force or violence; or (12) has otherwise violated the provisions of the Charter, relevant ordinances or these Rules. 4.6 CHARACTER OF EXAMINATIONS Any practical means or measures may be used in open competitive exam i nations which in the judgment of the Director of Human Resources are calculated to reveal the ability and fitness of candidates to perform the duties and responsibilities of positions for which theexamination is held. Examinations and tests may bewritten, oral, physical, a demonstration of skill or performance, an evaluation of education, training and experience or any combination thereof. Examinations may indude investigation of training and experience, a test of knowledge, skill or aptitude and an inquiry into the character, reputation and general suitability of applicants. Examinations shall be rated impartially, and no test or question in any examination shall call for or lead to disclosure of information that does not comply with the Equal Employment Opportunity Act or any other Federal or State regulations. Any such disclosures by an applicant shall be discouraged and any such information which may nevertheless be revealed shall be disregarded. Reasonable accommodations will be made to those applicants with disabilities upon request. a Open Competitive Examinations All entrance examinations for positions in the dassified service shall be open competitive in character. 21 b. Open Continuous Examinations In order to supply an adequate number of qualified candidates, the Director of Human Resources may establish a continuous recruitment program. Under such program, applications may be accepted and examinations held whenever a sufficient number of applicants have fi led to assure adequate competition. c. Employee Examinations To be eligible to compete for a promotion, voluntary demotion or a transfer to a different position, an employee must meet requirements for admission to the examination. Limitations upon eligibility shall be applied uniformly. Employee examinations shall not be limited to employees of a single department of the District. Employee examinations shall consist of a review of qualifications, including an evaluation of employee performance of related duties, in addition to any required tests. However, the Director of Human Resources may waive any required test if the employee previously obtained a grade on the test suffident to qualify for the position for which the present examination is being conducted. If a new employee examination is announced, and at least six (6) months has elapsed since the initial examination, an employee who has achieved a qualifying rating may elect to be re-examined and have his/ her name placed on the eligibility list in accordance with the new rating. 4.7 ADMINISTRATION OF EXAMINATIONS a. Establishment of Procedures The Director of Human Resources shall establish procedures to be used on conducting the examination of candidates and shall devise safeguards to insure maximum impartiality in the examination and rating of candidates. The Di rector of Human Resources may disqualify any applicant for failure to comply with procedures and regulations established for examination. b. Use of District Employees The Director of Human Resources, with the consent of the appropriate appointing authorities, is authorized to select District employees in the classified service to act as examiners under his/ her direction. c. Contracting for Examinations The Director of Human Resources is authorized to contract with any agency, public or private, to conduct any examination which he/ she deems necessary. 4.8 RATING OF EXAMINATIONS a. Method of Rating and Minimum Grades Accepted merit system test administration techniques and procedures shall be used in rating examinations and determining relative ranking of candidates. The minimum eligibility requirements for all examinations or portions thereof shall be established by the Director of H uman Resources. 23 The method utilized to determine the final examination rating for a job title shall be uniformly applied to all applicants for that job title. b. Consideration for Lower Job Titles An applicant who, after examination, fails to gain eligibility for employment may be considered for a related lower job title provided that an examination is open and the pertinent examination rating meets the minimum requirements for the lower job title c. Rating of Competence The D i rector of Human Resources shall establish procedures for the evaluation of competence which shall give due consideration to relevant knowledge, skills, abilities, training) education and to the quality, recency and amount of experience. The procedure utilized to evaluate competence for a position shall be uniformly applied to all applicants for that job title. 4.9 NOTICEAND REVIEW OF EXAMINATION RESULTS a Notice of Examination Results Applicants shall, when rating is completed, be notified in writing of their eligibility status. b. Records of Test Results: Corrections Records of test results shall be designated dosed records pursuant to procedures authorized by law. A manifest error in marking, grading or computation of final 24 rating, if called to the attention of the Director of Human Resources within fifteen (15) days after notification of examination results, shall be corrected. Such corrections, however, shall not invalidate any certification or appointment made previously. RULE 5 ELIGIBILITY LISTS 5.1 RESPONSIBILITY FOR MAINTENANCE OF ELI G I BI LI TY LISTS It shall be the duty of all appointing authorities to notify the Director of Human Resources as far in advance as possible of vacancies which may occur in their departments. The Director of Human Resources shall establish and maintain necessary eligibility lists in order to provide an adequate supply of qualified candidates to fill vacancies for all positions in theclassified service. 5.2 TYPESOF ELIGIBILITY LISTS a. Original Appointment List Applicants who have achieved the required eligibility ratings in an entrance examination (open competitive or open continuous) shall have their names placed on an original appointment list for the job title, arranged in order of final qualifying grade received, from highest to lowest. Whenever two or more candidates have equal ratings, their names shall be arranged on the list in the order in which their applications were received. b. Fmnlniacin. I ieIe Employees who achieve the required eligibility ratings on employee examinations shall have their names placed on an employee list for the job title, arranged in order of final qualifying grade received, from highest to lowest. 26 Whenever two or more persons have equal final ratings, they shall be treated equally and placed on the list with the same rank. c. Restoration List Employees who displace other employees serving in a lower job title of the same general Bass and employees who are recalled to a position in a lower job title other than that occupied immediately prior to layoff shall have their names placed on a restoration list for the general days 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 dassified service of the District shall have their names placed on a recall list for the general Bass 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 beheld for ajob title for which an eligibility list already exists if, in the opinion of the Director of Human Resources, the needs of the District would be better served thereby. Applicants and employees remaining on the prior list shall be placed on the new list in accordance with their previous ratings as though they had taken the new examination, but such applicants and employees shall be removed from the list at the expiration of the original eligibility list period. If a new examination is 27 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 w ith the new rating, thereby invalidating the prior certification. 5.4 USE OF RELATED ELIGIBILITY LISTS An eligibility list for a job title may be assembled from one or more existing related lists when a vacancy occurs in a job title for which there is no appropriate eligibility list. The existing related lists utilized shall be only those for job titles which require qualifications comparable to or higher than those required for the job title in which the vacancy exists. Training and experience shall be re-evaluated in conformance with the minimum qualifications required for the job title in which thevacancy exists. 5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY a. Original Appointment Lists 1. The Director of Human Resources shall determine the period during which candidates remain on original appointment lists. This period shall not be less than six (6) months or more than two (2) years from date of preparation of the eligibility list. 2. Eligibility lists based on open continuous examinations shall ordinarily be of indefinite duration, but may be terminated by the Director of Human Resources six (6) months after the last examination for the position. 28 b. Employee Lists The Director of Human Resources shall determine the period during which candidates remain on employee lists. This period shall not be less than (3) months or more than two (2) years from date of preparation of theeligibility list. c. Recall Lists Recall lists shall be continuous for each general dass, except that no name shall remain on a recall list for longer than two (2) years. d. Restoration Lists Restoration I ists shall be conti nuous for each general Bass and shall not be more than five (5) years in duration. 5.6 AVAILABILITY OF INDIVIDUALSON ELIGIBILITY LISTS Individuals on eligibility lists must notify the District Human Resources Department of address change or any other changes affecting availability for employment. 5.7 REMOVAL OF NAMES FROM LISTS The Director of Human Resources shall remove a name from any eligibility list or refuse to certify any name on an eligibility list for any of thefollowing reasons: a. By written request of the individual on the eligibility list. 29 b. Appointment through certification from such list to fill a permanent position; except in the case of a restoration list, then only if the appointment was to the position held by the employee immediately prior to layoff or displacement. c. Appointment through certification from another eligibility list for a job title at a higher compensation; in the case of a restoration list, if appointed to a job title at a higher compensation than that received immediately prior to layoff or displacement. d. Failure to respond within the time specified to any inquiry or notification from the D i rector of Human Resources. e. Notice by postal authorities of inability to locate the individual on the eligibility list at the last known address supplied to the District by the individual. f. In the case of employee lists or restoration lists, upon separation or layoff from g. the District service. Failure to receive appointment after five (5) certifications from an original appointment list provided an appointment ismadefrom each certification. h. In the case of an original appointment or employee list, upon second refusal to accept appointment from any list until the list expires. i. For any of thecausesstipulated in Rule4.5. 5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST An individual who believes his/ her name has been improperly removed from an eligibility list may, within fifteen (15) days of learning of the removal, make a written request to the Human Resources Director to return his/ her name to the list for the duration of the list. The request shall contain the individual's reasons why his/ her name should be returned to the list. As soon as practical, but in no event later than thirty (30) days after receipt of such request, the Human Resources Director shall either return the name to the list or refuse the requested return of the name. The individual shall be notified of the H uman Resources Di rector's action and if the decision is unfavorable, the individual may seek review before the Commission as provided in Rule 15.1. 31 RULE 6 CERTIFICATION ANDAPPOINTMENT 6.1 REQUEST TO FILL A POSITION Whenever a vacancy in any position in the classified service is to be filled, the appointing authority shall submit a request to fill a position on a form prescribed by the Director of Human Resources. Insofar as practicable, each vacancy shall be anticipated sufficiently in advance to permit the Director of Human Resources to determine who may beavai!able for appointment, and if necessary to establish a job title or to establish an eligibility list. 6.2 FILLING OF VACANCIES Vacancies in the dassified service shall be filled through one of the following procedures, which are listed in general sequence of priority: Involuntary Demotion (unless performance -related); Reassignment; Restoration; Recall; Promotion, Transfer and Voluntary Demotion; Reinstatement; and Original Appointment. In certain cases, emergency, temporary or provisional appointments may be made. a. AppointmentThroucjh Demotion 1. Involuntary Demotion An appointing authority may demote any classified employee under his( her direction for disciplinary reasons as specified in Rule 11. In addition to providing the demoted employee with the notice required by Rule 11.7, the appointing authority shall also furnish a written statement 32 of the reasons for such action to the Director of Human Resources at least five (5) days prior to the effective date of the demotion. 2. Voluntary Demotion A regular employee may request a demotion to an existing vacancy for which he/ she is qualified. The employee will be demoted if selected from an appropriate eligibility list. b. Appointment Through Reassignment An appointing authority may reassign an employee under his/ her jurisdiction from one dassified position to another classified position in the same job title after notifying the Human Resources Department of the change in position numbers of the incumbents provided that the change in position is not in the nature of displacement. c. Appointment from Restoration Lists Upon receipt of a request to fill a position from an appointing authority, the Human Resources Department shall determine if a restoration list exists for the general class of the position. If an appropriate restoration list has been established, the Human Resources Department shall certify singly the name of the most senior employee qualified for the position who (1) at the time of certification is in a lower job title than the position being certified; (2) immediately prior to displacement was either in a position in the job title being certified or in a position in a higher job title than the job title of the position being certified, and (3) has not previously refused to accept appointment to the job title being certified. d. Appointment from Resell Lists If there is no restoration list for the general Bass of position, the Human Resources Department shall determine if a recall list exists for the general Bass of position. If an appropriate recall list has been established, the Human Resources Department shall certify singly the name of the most senior employee qualified for the position who immediately prior to layoff was either (1) serving in a position in the job title being certified, or (2) serving in a position in a higher job title than the position being certified. e. Appointment from Employee Lists Upon receipt of a request to fill a position from an appointing authority and there being no appropriate restoration or recall list established, the Human Resources Department shall certify all employees whose names appear on an employee list for the appropriate position in the order in which they appear on the list. If there are three (3) names or less with examination grades on the appropriate employee list, the appointing authority may decline the certification until such time as the Human Resources Department increases the names either by holding another employee examination or an open competitive examination, and merging the existing names onto the new list. f. Appointment Through Transfer 1. Transfer (District Initiated) An employee may be transferred within a department or between departments from a classified position to another classified position in the same pay grade with the prior approval of the Director of Human Resources and the appointing authorities, when such transfer is considered to be in the best interest of the District. 2. Transfer (Employee Initiated) An employee may request a transfer to an existing vacancy for which the employee is qualified. The employee shall be appointed to the position if selected from an appropriate eligibility Iist. g. Appointment Through Reinstatement A vacancy may be filled through the reinstatement of a former classified employee who had acquired regular status in the District's classified service prior to his/ her resignation, retirement, dismissal, or special leave, or acceptance of an undassified position in the District, provided that: 1. Reinstatement shall be effected within two (2) years from the last day of work performed in the former position. 2. The former employee is fully qualified for the position to which reinstatement is proposed. 35 a The individual will not derive greater rights or privileges as a result of the reinstatement, than if he' she had continued asa regular employee. 4. The restoration or recall rights of other employeeswill not be violated. 5. The Director of Human Resources certifies such former employee is qualified and eligible in all respectsfor reinstatement. 6. Reinstatement from military leave after service will be in accordance with Rule 14.6. 7. No unclassified employee may appoint himself or herself to a classified position through reinstatement. h. Appointment From Original Appointment List Upon the receipt of a request to fill a position from an appointing authority, and there being no other list from which to obtain a qualified person, the Director of Human Resources shall certify up to ten (10) names having the highest final ratings from the original appointment list. If there are five (5) names or less on the eligibility list, the appointing authority may decline the certification. An appointing authority may elect at any time to leave a position vacant rather than appoint from theeligibility list. Appointments of Limited Duration Appointments of limited duration may be made to certain types of vacant positions in thedassified service asspecified below: 1. Temporary Appointments When a position in the dassified service is limited in duration, certification shall be limited to the highest ranking individuals on an eligibility list who will accept employment under such conditions. No temporary appointment shall be made for more than a total of six (6) months, either continuously or intermittently, in any twelve (12) month period. 2. Emergency Appointments When an emergency makes it necessary to immediately fill a dassified 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 Appointments When an appointing authority finds it essential to fill a vacancy in a position subject to these Rules, and the Director of Human Resources is unable to certify an individual for such vacancy because there is no appropriate eligibility list, or because there is an insufficient number of names on appropriate eligibility I 1 sts who are available for appointment, and there is insufficient time to conduct an examination to establish an eligibility list, the Director of Human Resources may authorize the filling of the vacancy by a provisional appointment. A provisional appointment shall be terminated two (2) calendar weeks after the Director of Human Resources notifies the appointing authority that her she is able to certify the proper number of names from an appropriate list. 6.3 OV ERLA P OF I N CU M BENTS When the needs of the District justify such action and when the appointing authority determines that adequatefundsareavailable, an established dassified 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 OFINDIVIDUALSFROM ELIGIBILITY LISTS a. Order of Certification Individuals on eligibility lists shall be certified for vacancies occurring in a job title in order of receipt of requests for certification for employees. Individuals on 38 eligibility lists shall be certified from the appropriate eligibility list without regard to sex, except that an appointing authority may request and receive selective certification limited to one sex, provided the reason supporting such request is submitted in writing and approved by the Director of Human Resources as a bona fide occupational qualification. b. Certification From Related Lists In the absence of an eligibility list established for the job title , whenever there are insufficient names on a eligibility list to make a complete certification, the Director of Human Resources may certify, or augment a certification, from eligibility lists for higher job titles to vacancies in lower job titles, or from eligibility lists for one job title to vacancies in another job title , where he/ she determines that the examination conducted therefore reasonably measures the ability of the individual to perform the duties of the job title to which certification is made. c. Physical Examinations The Director of Human Resources may establish physical examination requirements for any job title or dassified 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. RULE 7 PROBATIONARY PERIOD 7.1 PURPOSE AND DURATION OFTHEPROBATIONARYPERIOD Initial service with the District or initial service in a position shall constitute a probationary period which shall be an integral part of the examination process and shall be utilized to observe and evaluate an employee's ability and willingness to satisfactorily perform the duties of the position. a. Original Appointment Probation A minimum of six (6) months of service following original appointment under the provisions of these Rules shall constitute an original appointment probationary period. During this period, an employee must demonstrate ability and willingness to efficiently perform the duties of his! her position and must display habits and dependability which merit his/ her continuance in the District's service. b. Probation Following Promotion A minimum of six (6) months of service in a classified position to which an employee has been promoted under the provisions of these Rules shall constitute a promotion probationary period during which the employee must demonstrate his/ her competency and willingness to satisfactorily carry out the duties and responsibilities of the position to which het she has been promoted. 40 c. Probation Following Demotion A minimum of six (6) months of service in a lower position to which an employee has been demoted (either voluntarily or involuntarily) shall constitute a demotion probationary period, except that if the employee is demoted to a position in the same general dass as the position held immediately prior to demotion, the appointing authority may waive the probationary period following demotion. d. Probation Following Transfer An employeewho requests a transfer and is selected from an eligibility list shall be required to serve a minimum of a six (6) month probationary period in the new position. A regular employee who is transferred pursuant to a District initiated transfer shall not be required to serve a probationary period in the new position. e. Probation Following Reinstatement An employee reinstated to a classified position in accordance with Rule 6.2 g. shall not be required to serve a probationary period if reinstated to a position for which a probationary period has been successfully completed. 7.2 COMPUTATION OF THE PROBATIONARY PERIOD a. Computation of the probationary period may indude up to three (3) months of provisional or temporary service in the job title immediately prior to original appointment to that job title and without break in service in that job title. 41 b. Computation of the probationary period shall include all probationary service in the job title of an employee who was laid off during his/ her probationary period and subsequently recalled or restored to the same j ob title. c. Computation of the probationary period shall include all probationary service in the job title of an employee who while serving his/ her probationary period, displaced another in lieu of layoff and was restored. 7.3 EMPLOYEE EVALUATION DURING PROBATION Any individual selected for appointment in accordance with these Rules is presumed to possess the skills and character traits necessary for satisfactory performance of the position to which he/ she is appointed. Appointing authorities should develop and maintain on a monthly basis whatever evaluation procedures and records are necessary to verify these qualifications during the probationary period. In order to properly evaluate the certification process, the Director of Human Resources may request that an employee performance appraisal be conducted at least within three (3) months and again prior to the expiration of the probationary period. 7.4 REMOVAL DURING PROBATIONARY PERIOD During any probationary period, an appointing authority may remove an employee if, in his/ her judgment, such employee has demonstrated inability or unwillingness to satisfactorily perform the duties of the position or that his/ her habits or dependability do not warrant his/ her continuance in the District service or in the position. An 42 employee has no right of appeal to the Commission from the decision to remove him/ her. 7.5 RETENTION OF EM PLOYEE AFTER PROBATION An employee shall automatically pass the probationary period, unless the appointing authority has notified the Director of Human Resources, prior to expiration of the probationary period, either: (1) That the services of the employee are unsatisfactory and that the appointing authority will not continue the employee in his/ her position after expiration of the probationary period; or (2) That the appointing authority has given written notification to the employee that the probationary period has been extended for a specified period (not to exceed six (6) months), setting forth in detail the traits or skills which need improvement. 7.6 FOLLOWING REMOVAL DURING PROMOTIONAL OR TRANSFER PROBATIONARY PERIOD An employee who does not successfully complete a promotional or transfer probationary period shall beplaced asfollows: a. In an existing vacancy in the job title in the department occupied immediately prior to the start of his/ her promotional or transfer probationary period. 43 b. If no vacancy exists as described in subparagraph a. above, to any vacant dassified position in the same pay grade for which the employee is deemed qualified. c. If no vacancy exists as described in subparagraphs a and b. above, the employee shall temporarily perform duties of a position for which the employee is qualified until an appropriate vacancy is available, for a period not to exceed six (6) months. If at the conclusion of the six-month period an appropriate vacancy remains unavailable, the employee is subject to dismissal. 7.7 FOLLOWING REMOVAL DURING DEMOTIONAL PROBATIONARY PERIOD An employee who does not successfully complete a demotional probationary period shall be placed asfollows: a In any vacant dassified position in the same pay grade as the position held immediately after the demotion for which the employee is deemed qualified. b. If no vacancy exists as described in subparagraph a. above, the employee shall temporarily perform duties of a position for which the employee is qualified until an appropriate vacancy is available, for a period not to exceed six (6) months. 7.8 PROMOTION DURING PROBATION 44 The serving of a probationary period shall not of itself prevent an employee from being promoted to a classified position in a higher job title, provided he/ she is certified from an appropriate list. The probationary period of the position to which hal she is promoted shall be as provided in Rules 7.1 and 7.2. 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 induding money, property or other items of value) for any political party, dub or organization, or any political purpose whatsoever, nor shall any such employee be required to make any contribution, under any circumstances, for any political purpose. b. Political Speeches and Campaigning No employee in the classified service shall take any part in the management of any partisan political party or of any partisan election, or accept appointment as 46 an officer of a partisan political party, dub, or organization, or circulate or seek signatures to any petition for nomination to any partisan public office, or act asa worker at the polls unless so ordered by the Board of Election Commissioners, or distribute badges, labels, publicity, or insignia favoring or opposing a candidate for partisan nomination or election, whether federal, state, county or municipal. c. Political Rights of Employees No provision in the Charter or in these Rules shall be construed to prohibit or prevent any employee in the dassified service from becoming, or continuing to be, a member of a political party, dub 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 dassified employee of the District be denied attendance at political meetings, from enjoying entire freedom from all interference in casting his/ her vote, or from seeking or accepting appointment or election to public office, provided that no such employee shall hold office in any political party, dub 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 47 provided by the District prior to making a formal announcement that he/ she is seeking nomination or election, beginning the solicitation of votes, or filing or otherwise qualifying as a candidate for nomination or election, whichever is earlier. Such leave of absence shall extend through the campaign period and until it has been officially declared that the candidate has been elected, in which case the leave of absence must be terminated and a resignation submitted. If a candidate, while on such leave of absence, is defeated at such election, he/ she may request reinstatement to his/ her position in the dassified 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. 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 EM PLOYM EN T 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 hist her appointing authority full information relating to the terms and conditions pertaining to such compensation. If the appointing authority determines the employee is, or would be, in violation of the provisions of this Rule, the appointing authority shall take appropriate action. 8.4 FINANCIAL INTEREST Except on behalf of the District, 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, in a way that could materially conflict with the performance, independence or judgment of the employee. Such matters shall be examined pursuant to the conflict of interest policy of the District. 49 8.5 RELATIVES& MEMBERS OFHOUSEHOLD No person shall be employed in any classified position in which he/ she works in regular contact with any member of his/ her immediate family or a person with whom he/ she resides; supervises or receives supervision from any member of his/ her immediate family or a person with whom he/ she resides or deals with the payroll of or has his/ her payroll dealt with by any member of his/ her immediate family or any person with whom he she resides. No person shall be employed in any classified position in the Human Resources Department while any member of his/ her immediate family or a person with whom he she resides is in the employ of the District, and no person shall be employed by the District while any member of his/ her immediate family or a person with whom he/ she resides is employed in the District's Human Resources Department. The Executive Director is authorized to determine the appropriate action to accomplish compliancewith this section. 8.6 ATTENDANCE AND REPORTS OF ABSENCE All employees in the classified service shall be in attendance at their work during their regularly -scheduled working hours, subject to other provisions of these Rules. Employees shall notify their immediate supervisor or other designated persons of their inability to report to work no later than their regularly -scheduled starting time. Failure to give such notice without good reason shall subject the employee to loss of pay for the period of absence. An employee who is absent from work three (3) or more consecutive working days without notice shall, unless he/ she is incapable of providing such notice, be considered as having resigned from District service. Accrued sick and vacation leave 50 is earned only after completion of the payroll period in which it accrues; sick and vacation leave may not betaken until such leave time is reflected as being available for use on the employee's leave accrual balance in the District's payroll system. 8.7 CHANGE OF EMPLOYEE INFORMATION All employees shall notify their supervisors of any changes to required information such as street and mailing address, telephone number, etc. 8.8 MEDICAL EXAMINATIONSAND INQUIRIES The District may require a medical examination (and/ or inquiry) of an employee which is job related, consistent with business necessity and consistent with District policies. The District may make inquiries into the ability of an employee to perform job -related functions. The District will request medical examinations and make inquiries in a manner that is consistent with all applicable state, federal and local laws. 51 RULE 9 PERFORMANCE MANAGEM ENT 9.1 ESTABLISH M ENT OF SYSTEM The Director of Human Resources shall develop a performance management system covering the dassified personnel of the District. The Di rector of Human Resources shall submit recommendations as to the types and methods of appraisal to the Commission for its approval within the standards hereby established. No system of performance appraisal shall be established without Commission approval. 9.2 PURPOSES OF SYSTEM The purposes of the employee performance management system are as follows: a. To provide procedures whereby uniform methods of evaluating employees are used to improve the effectiveness of the work force. b. To strengthen supervisor -employee relationships. c. To record for the employee's benefit those areas, which in the judgment of the supervisor, either merit commendation or require improvement. d. To assist in establishing eligibility for pay increases. 52 e. To evaluate the performance of employees serving probationary periods. f. To assist in establishing eligibility for promotions or transfers. g. To assist in the selection of employees for specialized training. 9.3 FREQUENCY OF PERFORMANCE A PPRA I SA L An employee performance management system shall provide for the frequency of appraisals as follows: a. Performance Appraisals of Regular Employees The work of classified regular employees shall be appraised at least annually, and may be appraised on an interim basis at the discretion of the appointing authority or the D i rector of H u man Resources. b. Performan ce A pprai sal s of Probationary Employees The work of probationary employees shall be appraised at intervals during the probationary period and immediately prior to the completion of the probationary period, as defined in Rules 7.1 and 7.2. c. Performance Appraisals of Temporary Employees The work of temporary employees may be appraised at the discretion of the appointing authority or the D i rector of Human Resources. 9.4 ADMINISTRATION OF SYSTEM 53 An employee performance management system shall provide for: a. Preparation of such appraisals by supervisors on the form and at the times designated by the Director of Human Resources. A copy of each such appraisal is to be forwarded to the Director of Human Resources for indusion 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. RULE 10 PERSONNEL FORMS, RECORDS AND REPORTS 10.1 PERSONNEL FORM S The Director of Human Resources shall prescribe personnel forms for maintenance of employee records and shall inform all department heads which personnel transactions must be reported. 10.2 PERSONNEL RECORDS The Di rector of Human Resources shall be responsible for the maintenance of all personnel records (electronic and otherwise) and for records associated with the administration of the merit system. a. Examination Records The Director of Human Resources shall abide by the District's information governance policies for all types of examination records, applications and test materials. b. Department Personnel Records and Reports Each department shall maintain and promptly provide to Human Resources all employee records in such form and content as shall be specified by the Director of H uman Resources after consultation with department directors. c. Director of H u man Resources Records and Reports 55 The Director of Human Resources shall prepare and maintain records for each employee, which indude, but are not limited to, an employee's personal information, job history, salary history, annual leave accrual, and any other pertinent data. At least annually, the Director of Human Resources shall prepare and submit to the Commission a report in such form and on such dates as shall be specified by the Commission on all personnel matters within the jurisdiction of theCommission. Availability of Personnel Records The Director of Human Resources shall comply with applicable provisions of law relating to inspection and copying of personnel records containing information relating to the character and reputation of employees or of applicants for employment; files, statements, reports, correspondence and other materials in connection with and related to investigation conducted under these Rules; and medical records and examination materials, including test questions, data and examination papers and records relating to competitive examinations conducted and held by the Director of Human Resources. RULE 11 LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION 11.1 SENIORITY Every regular employee shall have seniority of employment in the classified service except as otherwise provided in these Rules. 11.2 LAYOFF a. When Permitted An appointing authority, with Executive Director approval and upon notification to the Director of Human Resources, may lay off an employee when necessary for reasons of shortage of work or funds, the abolition of the position, material change in the duties of the position through reorganization or for other related reasons which are outside the employee's control, and which do not reflect discredit on the service of the employee. An appointing authority shall furnish to the Human Resources Director a detailed description of the essential qualifications, experience, knowledge, licenses and skills of all positions prior to the layoff. b. Order of Layoff 1. Temporary, emergency and provisional employees shall be terminated from the District prior to any regular employee being laid off from a position in the general Bass of the temporary, emergency and 57 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 asa result of continuous service. Computation of seniority shall not indudetimeworked in excess of the employee's regular work schedule. If two or more employees have the same seniority, the employee with the earliest application receipt date shall be deemed the senior employee. If employees have the same seniority and the same application receipt date, the H uman Resources Department shall usea lottery system to determine the relative seniority between those employees. 3. The layoff procedu re shall be by job titles within a department. c. Notice of Layoff After consulting with the Director of Human Resources, the appointing authority shall give fourteen (14) days advance written notice of layoff to the Director of Human Resources and the employee, and shall certify therein that the layoff is for reasons not reflecting discredit on the employee. d. Position After Layoff An employee laid off while occupying a position obtained through recall, displacement or restoration shall be deemed to have been laid off from the position held immediately prior to the earliest layoff or displacement. 11.3 DISPLACEMENT a. Procedure An employee who is to be laid off may displace the least senior employee in his/ her own department serving in the same job title. If an employee who is to be laid off cannot displace another employee in hisl her own department serving in the same job title , he/ she may displace the least senior employee in the next lower job title in the same general Bass in hisl 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 employeewho is to be laid off may displace the least senior employee in the same job title in the District who has less seniority than the employee or if still unable to displace, an employee who isto be laid off may displace the least senior employee in the next lower job title in the same general Bass in the District; provided, however, that if the displacing employee had one or more potential displacement opportunities in his/ her own department but lacked the seniority to achieve the displacement, then he/ she shall not be placed in another department in any job title higher than the lowest job title for which there was a potential displacement opportunity in the employee's original department. 59 b. Failure to Meet Qualifications or Requirements If it is deemed by the Human Resources Director that the displacement rights of an employee place him/ her in a job title in which he/ she does not meet the special training, knowledge, skill or licensure requirements of a position, such employee will be afforded the opportunity to decline placement to that job title . In this situation only, the employee will be placed in the next lowest job title in which there is a displacement opportunity and the special skill requirements are met. c. Evaluation After Displacement After displacing another employee, an employee must be able to successfully perform the duties of the position. Within sixty (60) days after displacement, the appointing authority may evaluate the performance of the employee and if an employee fails to successfully perform the duties of the position, he/ she shall be laid off from the position held prior to displacement. 11.4 RESTORATION/RECALL a. Procedure The District will make all reasonable efforts to restore those employees who displaced other employees to their original dassification 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 60 give priority to displacing employees over employees on the recall list in accordancewith 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 Recal Within sixty (60) days after recalling an employee to any position other than the position held by the employee immediately before any displacement or layoff, the appointing authority may evaluate the performance of the employee, and if the employee fails to successfully perform the duties of the position, the employee will be laid off from the employee's position held immediately prior to any displacement or layoff. c. Evaluation After Restoration Within sixty (60) days after being restored to any position, other than the position held by the employee immediately before any displacement or layoff, the appointing authority may evaluate the performance of the employee and, if an employee fails to successfully perform the duties of the position, the employee shall be placed in the job title occupied immediately prior to the restoration or in any lower job title in his/ her general Bass for which the 61 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 appoi nti ng authority directs. 11.5 DISABILITY The District prohibits unlawful discrimination on the basis of disability. An employee may be separated from the District service if he/ she cannot perform an essential function of his/ her job with or without a reasonable accommodation. Reasonable accommodations that do not cause undue hardship for the District will be provided in a manner that is consistent with all applicable state, federal and local laws. 11.6 DISCIPLINARYACTION All District employees will be subject to disciplinary action as provided for by District polices and these Rules. a Types of Disciplinary Action 1. Reprimand An appointing authority or his/ her designee may issue an oral or written reprimand to an employee for disciplinary reasons. The appointing authority or hisl her designee shall report any written reprimand, and should make a record of any oral reprimand as part of the employee's service record by forwarding a written memorandum to the Director of Human Resources for i nd usion in the employee's file and provide a copy of the memorandum to the employee. The document 62 should describe the occurrence(s) and summarize the action taken or recommended to correct the situation. 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. 3. Demotion An appointing authority may demote an employee to a position in a lower pay grade for which the employee is qualified when dismissal is not considered appropriate. 4. Dismissal An appointing authority may dismiss an employee when discipline fails or when an employee commits a serious violation of District policies or these Rules, such as any of the following, offered by way of illustration and example only and not an exhaustive list: fighting; insubordination; theft or attempted theft; falsification of District records or falsification of material fact in application for employment or examination; bringing weapons onto District property; drinking alcoholic beverages on duty, or having alcohol or drugs in one's system in violation of the District's Substance Abuse Policy. b. Reasons For Which Disciplinary Action May Be Taken The following reasons shall constitute sufficient causefor disciplinary action, although such action may be based upon reasons other than those enumerated. 1. Willful violation of the provisions of the Charter, these Rules, or policies of the District. 2. Failure to perform assigned functions and duties in a timely, efficient and competent manner. 3. Failure to attain or maintain required levels of training, knowledge and skill, and all required licenses. 4. The employee has been careless or negligent in the use or care of District or contractor property or has, without authorization, used or allowed the use of District or contractor property for personal benefit or the benefit of others. 5. Conduct which interferes with the efficient operation of a department induding, but not limited to, the following offered by way of illustration and example only: excessive absenteeism and/ or tardiness; leaving the job without permission; sleeping or loitering while on duty; failure to report absences; using District resources inappropriately; or excessive attention to personal matters on District time. 6. Refusal to perform a reasonable amount of overtime when directed to do so by a proper supervisor. 7. Failure of an employee on stand-by duty to be available for and/ or respond to a call for emergency duty. 8. Abusive, disrespectful, intimidating, belligerent, harassing, bullying or other inappropriate, aggressive or offensive 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, attempted theft, or unauthorized removal of District or contractor property, or property of fellow employees. 11. In accordance with the Substance Abuse Policy, having alcohol in one's system in excess of the levels prescribed in the District's Substance Abuse Policy when reporting for duty, on duty or on District premises; possession of opened container(s) of alcohol while on District property or while on duty is prohibited. Having sealed container(s) of alcohol on District premises must have permission from a supervisor and are prohibited in District vehidesat any time. 12. In accordance with the Substance Abuse Policy, the unlawful manufacture, use, possession, distribution, sale or offering for sale of any drug not legally obtainable or not legally obtained or used while on duty or on District property or having such drugs in one's system while on duty. 13. Criminal, dishonest, scandalous or disgraceful conduct on or off duty where such conduct reflects unfavorably upon the District. 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 an investigation or on application for employment or in examination. 16. If any employee shall willfully refuse to testify or answer any questions relative to the matter being heard by the Commission on any grounds, or knowingly gives false testimony, her she shall be dismissed from the classified service. 17. Violation of other reasonable rules, policies 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 Human Resources. Such action shall be commensurate with the offense. 11.7 NOTIFICATION OF SEPARATION AND DISCIPLINARY ACTION A regular employee in the dassified service who shall be discharged, demoted, or suspended shall be presented, either in person or by certified or registered mail to the last known address, with written reasons for the District's action within five (5) workdays after the effective day of the District's action. The appointing authority, in any such case, shall give the employee a written statement setting forth in substance the reasons therefore and shall file a copy of such statement with the Director of Human Resources. 67 RULE 12 CLASSIFICATION PLAN 12.1 EXISTING PLAN RESERVED The adoption of these Rules shall not repeal the existing dassification 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 OFCLASS! FICATION PLAN a Allocation of Positions The Director of Human Resources shall allocate each position in the dassified service to its appropriate job title, placing in each such job title those positions which are substantially so similar with respect to difficulty, responsibility, and character of work as to require generally the same kind and amount of training and experience for proper performance and placement within the established salary range for the job title. In making such allocations, het she shall provide for the uniform application of the dassification plan to positions under different appointing authorities. 68 b. Establishment of Positions The request for a new dassified position shall be initiated by the appointing authority in the manner and on the form specified by the Director of Human Resources. No person shall be appointed to, employed or paid in a new position in the classified service until the position has been approved by ordinance and allocated to an appropriate job title and the Director of Finance has certified as to fund availability c. Reallocation of Positions Whenever the Director of Human Resources finds thatadassified position has been improperly allocated or reallocated or that the duties of an existing classified position are so changed that the position in effect has become one of a different job title from that to which it is allocated, the Director of Human Resources shall allocate or reallocate the position to the appropriate job title. Such allocation or reallocation shall operate to abolish the existing position and to create new position of the appropriate job title. d. Status of Incumbent When Position is Reallocated An employee who is occupying a dassified position which is reallocated to a different job title shall continue in the position, except, that in any case in which a dassified position is reallocated to a higher pay grade, the incumbent of such position may attain regular status in the job title only if hel she achieves a satisfactory grade on a qualifying examination of fitness for the job title to which his/ her position was reallocated. If a reallocation results in the assignment of a classified position to a job title in an equal or lower pay grade , the incumbent may continue to hold the position if hel she meets the minimum requirements for the new job title. e. Review of Allocation and Reallocation If an employee or appointing authority believes that a classified position has been improperly allocated or reallocated, that there is a need for a new job title, or that the duties of an existing classified position are so significantly changed that the position in effect has become one of a different job title, and that the duties have been performed for at least one year, he/ she may ask that the Director of Human Resources review the dassified position. The Director of Human Resources may hold a special hearing to determine the facts in each case, and shall make his/ her decision on the basis of the written statement and information submitted by the employee and appointing authority and on the facts brought out in the hearing. 12.3 JOB DESCRI PTI ONS AN D CLASSIFICATION a. Contents of Job Descriptions The Director of Human Resources shall prepare and maintain current written job descriptions for all job titles in the classification plan. Each of the job descriptions shall include: the job title code; the designation of the general Bass into which the job title falls; the job title; a general statement of the main characteristics of the job title; typical examples of duties of positions in the job 70 title; minimum qualification and requirements in terms of training, experience, knowledge, skill, ability and applicable licenses. b. Interpretation of Jab Descriptions The statements in the job descriptions shall be descriptive and definitive of the nature of the work. The job descriptions are not to be so strictly interpreted as to limit the authority of an appointing authority to assign, direct and control the work of employees under his! her supervision. The use of a particular expression or illustration in describing the duties shall not be held to exclude other tasks not mentioned that are of similar kind, level or scope, nor shall any specificomission necessarily mean that such factor is not induded. All job descriptions shall be interpreted so as to allow incidental performance of duties of si m i l ar job titles of an equal or lower pay grade and to permit, on an occasional or incidental basis, the supervision of a small number of employees of a lower pay grade. c. Use of Job Descri ptions in Allocation and Reallocation In determining the job title to which adassified position should be allocated or reallocated, the description of such job title shall be considered in its entirety and in relation to the descriptions of other job titles in thedassification plan. d. Use of Minimum Qualifications Statements The minimum qualification statements in each job description establish minimum standards which must be met by any individual before he/ she may be considered for any appointment in the dassified service. Common alternative 71 combinations of education, training, or experience may be considered qualifying if deemed equivalent by the Director of Human Resources. In addition to the qualification requirements enumerated in the job descriptions, all job titles shall be deemed to require ability to perform the essential job functions (with or without reasonable accommodation) for the position being considered. 12.4 USE OF STANDARD PROCEDURE OF JOB ANALYSIS A standard procedure of job analysis accepted and approved by the Commission shall be used to determine the job title of each classified position. Should a subsequent procedure be adopted with the approval of the Commission, such new procedure must be applied to all positions in the dassified service. The intent of this provision is to assure that all classified positions shall be assigned to job titles through the use of identical criteria. 12.5 USE OF JOB TITLES AND CODES Job titles and/ or job title codes shall be used to designate allocated positions in all official records, vouchers and payrolls. No person shall be appointed to, employed, or paid in a position in the classified service, unless or until the position has been approved and properly allocated to a job title established under these Rules. 12.6 MAINTENANCE OF CLASSIFICATION PLAN The Director of Human Resources shall ascertain at the time of establishment or modification of a classified position, and periodically for all classified positions, the duties, authority, and responsibility of the position through position analysis and 72 consultation with the appointing authority or his/ her designee(s), and, as necessary, with the incumbents of positions under analysis. RULE 13 COMPENSATION PLAN 13.1 COMPENSATION PLAN The compensation of all dassified employees shall be established within the salary ranges of the appropriate pay grades prescribed by ordinance for the respective job title, or other compensation prescribed by ordinance, subject to the provisions of this Rule. Wage adjustments affecting the minimum and maximum rates of the salary ranges will be approved by the Commission and the Board of Trustees, taking into consideration wages and working conditions offered by comparable employers operating within the District. 13.2 BASISOF PAY RATES a. Compensation of Full -Time Employees All classified regular and probationary full-time employees shall be paid biweekly or hourly rates within the salary ranges prescribed for their respective job titles, subject to other provisions of this Rule. Biweekly rates are based on full-time employment on normal work schedules as specified for the various job titles. b. Compensation of Temporary Employees Temporary appointees shall be paid for the number of hours worked at the hourly rates equivalent to the pay grade of the salary range specified for their respective job titles. The Director of Human Resources, after conferring with 14 the appointing authority, shall determine the appropriate rate within the pay grade. 1. Hourly and Daily Rates of Temporary Employees On certification by an appointing authority that the permanent employment of certain employees under hisl 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 (%) workday is completed; and eight (8) hours if work is started but discontinued for reasons beyond the control of the employees after one-half ('/z) workday is com pleted. 13.3 PAYM ENT OF COM PEN SATI ON All compensation for positions in the classified service shall be paid biweekly. Salary adjustments resulting from step or merit increases, promotions, demotions, real locations, displacements and restorations shall become effective at the beginning of the pay period during which the action becomes effective. Performance review dates 75 may be modified in connection with any transfer or promotion. 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 H uman Resources may authorize that the employee be paid upon separation, layoff or cessation of temporary or emergency work without waiting for the regular biweekly pay date of the District. 13.4 ENTRANCE PAY RATES a. Startinq_Rateon Initial Employment Original appointment to any dassified position within the B Schedule shall normally be made at the entrance rate of the salary range. Original appointment to any classified position within the A or C Schedules shall normally be made within the first quartile of the salary range. However, upon recommendation of the appointing authority and the Director of Human Resources, and with approval of the Executive Director, original appointment may be made at a higher rate if the appointee has exceptional qualifications, or qualified candidates are not available at the entrance rate or within the first quartile, and after review of the rates of incumbents of the job title involved. b. Starting Rate on Reinstatement An employee reinstated to the same job title, except one returning from military leave, may be paid a rate in the salary range corresponding to the relative level attained within the salary range at the time of his/ her resignation, retirement, dismissal, special leave or acceptance of an unclassified position in the District. c. Starting Rate on Return from Military Leave 76 An employee reinstated from military leave to a classified position previously held, or to a similar classified position at the same grade, shall be paid at the rate within the salary range to which hel she would normally have been advanced had hee she not been placed on military leave. d. Starting Rate of Displacing Employees If an employee displaces another employee in a lower job title, the employee's pay rate shall be adjusted as follows: Pay Schedule B Employees in Pay Schedule Bwho are displaced to a position in a lower job title shall receive the highest rate of pay in the lower salary range which islessthan their rate immediately prior to displacement. Pay SchedulesA and C Employees in Pay Schedules A and C who are displaced to a position in a lower job title shall have their salary reduced to the lower of the following rates: (1) 95% of the employee's salary immediately prior to displacement; or (2) the highest rate which does not exceed the top of the range for the position to which the employee is being displaced. e. Starting Rate on Restoration 77 1. Original Position When an employee is restored to the position her 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 and C Employees The employee's salary rate immediately prior to displacement or layoff, calculated with respect to the employee's rate immediately prior to displacement. 2. Position Lower Than Original Position When an employee is restored to a position lower than his/ her position immediately prior to displacement or layoff, his/ her pay rate shall equal the following amount: For Schedule B Employees The rate for the highest grade and step for the position to which the employee is restored which is less than the employee's grade and step immediately prior to displacement or layoff. 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. f. Starting Rate on Recall 1. Original Position When an employee is recalled to his/ her position occupied immediately prior to layoff, hi& her pay rate shall equal the following: For Schedule B Employees The rate of the grade and step occupied by the employee immediately prior to displacement or layoff. For SchedulesA and C Employees The employee's salary rate immediately prior to layoff, 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 thefollowing: For Schedule B Employees 79 g. 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 SchedulesA and C Employees The highest salary in the salary range of the position to which the employee is recalled, provided that such salary does not exceed 95% of the employee's rate immediately prior to displacement or layoff. 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 dassified position in Pay SchedulesA 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. h. Rate of Pay on Transfer or Reassignment An employee assigned to a dassified position not previously held, when such change is not a promotion or demotion, shall receive the same rate in the salary range as hel she had received in the previous dassified position. i. Rate of Pay on Demotion An employee who is demoted to a dassified position will receive any rate in the lower salary range, designated by the appointing authority. Rate of Pay Following Unsuccessful Promotional Probationary Period An employee who does not successfully complete the probationary period following a promotion, and who is returned to his/ her former job title or to another job title in the same pay grade, shall have his/ her pay reduced to the rate received immediately before the start of the promotional probationary period. k. Rate of Pay on Real I ocati on 1. An employee occupying a dassified position which is reallocated to a job title in a salary range which has a higher maximum rate shall receive a salary adjustment in aocordancewith Rule 13.4g. 2. In the event of the reallocation of a dassified position to a job title in a salary range which has a lower maximum rate, the affected employee's rate of pay shall not be reduced. However, if the employee's rate of pay is greater than the maximum rate for the job title to which the position has 81 been reallocated, the employee shall not be entitled to any salary increase until the maximum rate of the job title exceeds the employee's rate of pay. 3. Reallocation of a classified position from one job title to another job title with the same maximum rate shall not affect the rate received by the employee. 13.5 WORKING HOURS a. Regular Working Hours The Executive Director shall prepare a schedule of normal working hours per week for each position in the District which, when approved by the Commission, shall constitute the normal number of weekly hours of work. The normal workday shall be not less than seven and one-half (7 1/2) hours per day, nor more than eight (8) hours per day, and the normal work week shall be five (5) days per week unless other arrangements are submitted by Department heads and agreed to by the Executive Director and the incumbents involved. Department heads shall arrange the time for reporting to work, for lunch breaks, and for quitting work of the employees under their supervision so that the employees shall be actually engaged on duty for not less than the minimum number of hours required. b. Overtime 82 Department heads may prescribe reasonable periods of overtime work to meet operational needs. Such overtime work shall be authorized only when absolutely necessary and only when it is in the best interest of the District, or necessary to a department's efficient operation. Whenever possible and in the best interest of the District, overtime shall be distributed equally among those employees in the department, or other organizational unit, qualified to perform the work required. Refusal to perform a reasonable amount of overtime when directed to do so by a proper supervisor shall subject the employee to appropriate disciplinary action induding possible dismissal. c. Eligibility for Overtime Compensati on or Compensatory Time for Schedule A & B Employees Classified employees in job titles allocated to Pay Schedules A and B, shall be eligible to be paid for authorized overtime work or may elect to receive compensatory time off in lieu of overtime pay in accordance with the District's Overtime/ Compensatory Time Policy. d. Eligibility for Compensatory Time or Overtime Compensation for Schedule C Employees Classified employees in job titles allocated to Pay Schedule C that are not designated as overtime eligible shall not be entitled to be paid for overtime work, unless so designated by District ordinance, but may be granted compensatory time off in accordance with the District's Overtime/ Compensatory Time Policy. Classified employees in job titles allocated to Pay Schedule C that are designated as overtime eligible shall be eligible to be paid for authorized overtime work or may elect to receive compensatory time off in lieu of overtime pay in accordance with the District's Overtime/ 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 shall be recognized as compensable overtime work. f. Compensation for Overtime Work Employees assigned to dassified positions in job titles allocated to Pay SchedulesA and B, and those employees in job titles allocated to Pay ScheduleC which are designated eligible for overtime compensation by District ordinance, shall be paid one and one-half (T) their regular rates of pay for all authorized work performed in excess of forty (40) hours per week or, unless provided otherwise in a revised schedule established pursuant to Rule 13.5 a., eight (8) hours per day. In lieu of pay for overtime work, such employees may elect to receive compensatory time off at the rate of one and one half (1-1/ 2) times for overtime hours otherwise payable pursuant to this provision to the extent permitted by the D i stri ct' s Overti met Compensatory Time Policy. g. Reporting of Overtime Work Each department head shall maintain departmental records of all authorized overtime work. h. Call -Back Pav Classified employees in Pay Schedules A and B and classified employees in Schedule C designated eligible for overtime pay who are called back to District facilities or work locations to perform work or render services outside their regular working hours shall, for each occurrence, be paid a minimum sum equal to compensation for four hours at the appropriate rate. For non -bargaining unit employees, an occurrence requiring payment of the four-hour minimum under this provision shall not include services provided remotely by phone or electronically without returning to the District's facilities or work locations; call back services that are provided without travelling to District facilities or work locations shall receive a minimum of one and 1/ 2 hours (1-1/ 2) hours of overtime or actual hours worked. The foregoing provision shall not apply to bargaining unit employees except to the extent agreed. 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. Stand-by Pav Employees may be placed on •9 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. Overtime -eligible employees so assigned shall be compensated for such assignment in the amount of their regular number of hours for one (1) day at their regular rates of pay for the stand-by period. Work actually performed during such stand-by assignments shall be compensated as provided in Rule 13.5 e. and f. above. Should an employee assigned to stand-by not be available when called for emergency duty, het she shall forfeit stand-by pay for the entire period and, should such failure be repeated, be subject to appropriate disciplinary action induding possible dismissal. 13.6 HOLIDAYS a. List of Holidays The District shall observe the following paid holidays: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Thanksgiving Friday Christmas Day Special Holidays January 1 Third Monday in .bnuary Third Monday in February Last Monday in May July 4 First Monday in September As Designated by Missouri's Governor As Designated by U.S. President The Friday following Thanksgiving Day December 25 Other days designated by the Executive Director and approved by the board of trustees. b. Personal Holidays In addition to the holidays specified in a above, employees who have successfully completed their original probationary period will receive two (2) paid personal holidays each calendar year. Such employees may also receive up to three (3) additional holidays if such holidays are authorized by the provisions relating to control of sick leave in the District's Sck Leave Policy. Personal holidays must be taken in increments of whole days, must be scheduled and 87 approved in advance by the appointing authority, and must be used within the payroll year in which said personal holidays accrue. Regular employeeswho separate or are laid off from District service shall be paid for unused accumulated personal holidays; except that if an employee dieswhile still actively employed by the District, his/ her heirs shall be paid for all unused accumulated personal holidays at the time of death. c. Holiday Observance Holidays listed in a. above which fall on Sunday shall be observed on the following Monday and those which fall on Saturday shall be observed on the preceding Friday, unless other arrangements are approved by the Executive D i rector. 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. e. Compensation for Work Performed on Holidays Classified employees in job titles allocated to Pay Schedules and B, and those employees in job titles allocated to Pay Schedule C which are designated eligible for overtime compensation pursuant to Rule 13.5 c., who are required to work on a holiday which falls on the employee's regularly scheduled work day shall receive holiday pay, and in addition, shall be paid one and one-half (11/2) times their regular rates of pay for the time worked. Holiday hours paid shall be credited toward daily and weekly overtime eligibility requirements. 13.7 MAINTENANCE OF COMPENSATION PLAN The Director of Human Resources shall conduct or cause to be conducted a survey of rates of pay and fringe benefits in the Greater St. Louis and/ or other comparable areas. On the basis of the results of such survey, the Director of Human Resources may recommend to the Commission changes in the method of evaluating job titles, changes in the pay grades of all or specified job titles, and changes in the fringe benefits provided by the District. In addition, the Director of Human Resources shall recommend changes in the compensation plan on the basis of other data which may be available and upon the request of the appointing authority or the Commission. All changes in the compensation plan shall provide for uniform rates of pay for all job titles in each of the various pay grades. Each rate of pay shall be determined with due regard to rates of pay for other job titles, the relative difficulty and responsibility of the characteristic duties of positions of the job title, the minimum qualifications necessary for successful performance of the duties 89 of the job title, and all other factors involved in the standard procedure of job evaluation approved by the Commission. RULE 14 LEAVES OF ABSENCES 14.1 VACATION LEAVE a. General Provisions Vacation leave with pay will be granted to employees under the terms and conditions specified in this Rule. Vacation schedules shall be established by appointing authorities, but if the workload of the employee's organizational unit makes the granting of vacation leave impracticable and undesirable, such vacation leave may be withheld at the discretion of the appointing authority. Vacation leave so withheld may accrue to the employee's credit during the calendar year following the calendar year during which the vacation leave was withheld notwithstanding the maximum accumulation provision hereunder. b. Vacation Preference Employees with greater continuous service shall, within their classification and departmental work locations, normally have first choice for selecting vacation time. c. Computation of Vacation Leave An employee's vacation leave shall be computed on the basis of his! her continuous service. 91 1. Regular Employees Regular full-time employees in the classified service shall accrue vacation in accordance with the following chart: Maximum Accumulation Length of Monthly Rate Annual End of Continuous Service of Accrual Accrual Calendar Year Lessthan 5 years .833 days 10 days 30 days 5 but less than 10 years 1.250days 15 days 35 days 10 but Iessthan 20 years 1.666 days 20 days 40 days 20 or more years 2.083 days 25 days 45 days An employee is not entitled to the benefit of accrued vacation until the employee satisfactorily completes their original probationary period. An employee may not use vacation time during the original probationary period and an employee terminated prior to completion of their original probationary period is not entitled to compensation for accrued vacation. 2. Temporary Employees Employees appointed on a temporary, emergency, provisional, hourly or day rate basis shall not be eligible for vacation benefits. d. Vacation LeaveAccrual During Military Service Employees who are granted military leave from District service to enter or serve a branch of the armed services of the United States, shall continue to accumulate vacation leave while in the armed service for a period not to exceed one (1) year provided they return to the District service in accordance with Rule 14.6 and continue in the service of the District for a period of not less than six (6) months thereafter. To be eligible for such accrued vacation leave, an employee must first have successfully completed his/ her original probationary period as specified in Rules 7.1 and 7.2. e. Restrictions on Granting of Vacation Leave Employees must schedule and obtain approval in advancefor all vacation leave. 1. Regularly Scheduled Vacation Leave Employees must submit vacation leave requests no later than the dose 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 ('h) 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 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 (1I 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 13.5) in order to supplement other paid leave. 5. Vacation Leave Upon Exhaustion of Accrued Sck 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 dieswhile still actively employed by the District, his! her heirs shall be paid for all unused accumulated vacation at thetime of death. g. Transfer of Unused Vacation Leave Classified employees who change positions, without a break in continuous service, shall carry their accrued vacation credit to their new position. 14.2 EDUCATIONAL LEAVE (1) An employee may, with appointing authority approval, be granted time off from his/ her duties with full or partial compensation for a period not to exceed five (5) workdays to attend conferences, meetings, institutes, or special courses, 95 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 Sck Leave With Pay Classified employees occupying regular full-time positions shall be granted sick leave with pay in accordance with the established sick leave policy of the District, when approved by the employee's appointing authority. b. Exdusionsfrom Sick Leave With Pay The following shall beexduded from sick leavewith 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. 96 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 guide! ines of the established sick leave policy of the D 'strict. d. Absence Due to Illness in Emr loyee'sHousehold 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 three(3) consecutive working days per instance. 14.4 INJURYON THEJDB Employees who suffer personal injury or unusual sickness arising out of and in the regular course of their employment while in or about the premises where their duties are being performed, or where their presence is required as a part of their service, shall during periods of service -connected disability caused by such injury or sickness, be granted benefits as set forth in the Workers' Compensation Law of the State of Missouri. 97 14.5 M ILITARY SERVICE/ RESERVE LEAVE a. With Pay Upon timely submission of competent orders, all employeeswho 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 at the call of the Governor of the State in which the employee serves 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)workdaysin any Federal fiscal year. Note: The Federal fiscal year runs from October Ito September 30. b. Without Pay Upon timely submission of competent orders, all employeeswho 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 98 which the employee is entitled and no retirement benefits shall be diminished or eliminated because of such service. c. Physical Examination for Military Purposes When an employee is summoned to appear for a physical examination by a branch of the armed services of the United States and must report for such examination during his/ her regularly scheduled working hours, such absence shall be considered sick leave. 14.6 MILITARY LEAVE AFTER SERVICE A regular or probationary employee inducted into the Armed Forces of the United States for training and service who leavesa position with the District for the purpose of performing such training and service shall be granted military leave of absence without pay for a period not to exceed ninety (90) days beyond the date of termination of such military service or release from hospitalization continuing after the date of termination of not more than one year. If such employee satisfactorily completes his! her military service and makes application for re-employment within the period of leave descri bed 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. 99 (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 dassified position in the District service, het she shall be reinstated to such other position aswill provide like seniority, status and pay, or the nearest approximation thereof. (3) If the job title or classified position to which the employee has reinstatement rights has during the period of military service been in any way altered, combined with another job title, or abolished, the employee shall be reinstated to a classified position in a comparable job title for which he/ she is qualified, which will provide him/ her like seniority, status and pay. If no such vacant position exists, a vacancy shall be created -- if necessary by demotion or layoff of another employee in accordance with these Rules. (4) Failure of the employee to apply for reinstatement within the time specified in this Section or otherwise qualify for reinstatement shall result in termination of the leave of absence and the employee shall be considered as having resigned from the District on the last day of active employment. 14.7 BEREAVEMENT LEAVE When a death occurs within an employee's immediate family, he/ she may request paid leave in accordance with this paragraph. Upon approval of his/ her appointing authority, an employee may receive such leave which shall not exceed four (4) 100 workdays (a maximum of thirty-two [32] hours) within the fourteen (14) day period commendng with the day of death. 14.8 ABSENCE FOR VOTING Employees are encouraged to vote outside of working hours. If work schedules do not allow three (3) consecutive hours for voting while the polls are open on the day a public election is held, employees eligible to vote at such election shall, upon request to department heads prior to the day of election, be allowed time off from work with pay for the purpose of voting as follows: (1) Employees shall be allowed to report for duty three (3) hours after the opening of the polls at their voting place; or (2) Employees shall be allowed to leave duty three (3) hours before dosing of the (3) polls at their voting place; or Employees may be allowed to be absent from duty for sufficient time during duty hours, not exceeding three (3) hours of absence, if the interest of the department would be served by so scheduling the time off. Department heads are to schedule such absences so that their department may operate as efficiently as possible. 101 14.9 ABSENCE FOR JURY DUTY/ W I TN ESS 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 hel 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 D i rector of Human Resources in writing that such leave has been granted. During such leave without pay, the employee shall accrue and receive all normal benefits. The employee may not use leave time accrued during this leave until after returning to work for one full day. The employee shall be returned to his/ her original position if hel she returnsto work within such leave period. 14.11 SPECIAL LEAVE Upon written request by an employee and whenever special leave is considered to be in the best interest of the District, an appointing authority, with the approval of the Executive Director, may grant a regular employee a special leave of absence without pay for a period not more than twelve (12) months following exhaustion of all other leave provided by these Rules and prior to the exhaustion of twenty-eight (28) days 102 leave without pay. The terms and conditions of the special leave of absence shall be presented, in writing, to the employee involved and the Director of Human Resources. At the expiration of the special leave of absence, the employee, upon application for reinstatement, shall be accorded re-employment rights as follows: either (a) where the right to immediate reinstatement upon return was granted in writing at the time the special leave was approved, immediate reinstatement to the position held prior to the leave or a position of comparable status and pay, or (b) appointment to the first vacancy which occurs, within one (1) year following application for reinstatement, in any dassified position to which his! her previous service and experience qualify him/ her 14.12 FM LA 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 FM LA Leave per year (1) because of the birth of a son or daughter of the employee and in order to care for that son or daughter; (2) because of the placement of a son or daughter with the employee for adoption or foster care; (3) in order to care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or (4) because a serious health condition makes the employee unable to perform the functions of his/ her job. Upon completion of FM LA Leave, the employee will be reinstated to the position the employee held when leave commenced (or any equivalent position) without loss of any benefit accrued prior to commencing the leave. The Director of Human Resources shall maintain a policy implementing this Rule in a manner consistent with the Family and Medical LeaveAct of 1993. 103 14.13 ADM IN ISTRATIVE LEAVE An appointing authority or the Executive Director may, following a review by the Director of Human Resources, order the administrative leave with pay of an employee pending completion of an inquiry, review or investigation for cause as may be necessary to determine whether an action should occur. 104 RULE 15 APPEALS AND INVESTIGATIONS 15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR OF HUMAN RESOURCES a. General Provisions Employees, individuals on eligibility lists and applicants shall have the right to appeal from administrative decisions of the Director of Human Resources induding 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. Procedurefor Appeals from Administrative Decisions The appellant shall notify the Director of Human Resources in writing stating the reason for his/ her complaint or grievance within fifteen (15) days of the effective date of the action being appealed. Such request shall be forwarded to the Com m i ssi on by the Director of H uman Resources. c. Nature of Commission Review of Administrative Decisions Review of appeals from such administrative actions may be conducted by the Commission, by a member of the Commission or by a Hearing Examiner appointed by the Commission, but in any case the Commission shall act upon a requested review within thirty (30) days of receipt of such written request, and where appropriate set a hearing date for the appeal. The appellant shall be given 105 the opportunity to be heard during the review of his/ her appeal. The decision of the Commission shall be final and shall be a condition precedent to review by the Circuit Court as provided by the Charter of the District. 15.2 APPEALS FROM DISCIPLINARY ACTION a. General Provisions 1. A regular employee who is discharged, demoted or suspended without pay may appeal in writing to the Commission, within fifteen (15) days after the date of notification provided for in Rule 11.7 herein, setting forth in substance his/ her reasons for daiming that such discharge, demotion, or suspension was without just cause or because of his/ her age, race, sex, creed or color, disability not related to job functions or because of his/ her political, religious, or union opinions or affiliations, except affiliation with any group or organization which seeks or advocates the overthrow of the government of the United States by force or violence. 2. Appeals shall be addressed to the Director of Human Resources for the Commission. The Director of Human Resources shall notify the appointing authority concerned, and the appeal shall beforwarded to the Commission by the Director. 106 b. Hearing Procedure 1. In conducting hearings and investigations, the Commission shall act as a body, but special investigation and detailed work may be delegated by the Commission to a member or to the Director of Human Resources. The decision of the majority of Commissioners shall be the decision of the Commission. Hearings may be held by the Commission, or by one or more members of the Commission, or by a Hearing Examiner appointed by 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 or to the Hearing Examiner 4. The appointing authority and the appellant may elect to have legal counsel or anyone they designate appear in their behalf at such hearing. However, the District shall not assume responsibility for any payment to 107 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 becomefinal. 7. Failure of the appellant to pursue his/ her appeal or to comply with an order of the Commission relating to an appeal may be deemed by the Commission a withdrawal of his/ her appeal. The appellant shall cooperate with requests to schedule the appeal hearing. If the appellant fails to cooperate or to respond to repeated requests to schedule the appeal hearing, then such appeal shall be considered withdrawn. Upon such withdrawal, the action of the appointing authority shall become final. 8. Neither the appellant nor the District shall be allowed more than two (2) continuances of a scheduled Civil Service hearing date. Failure of the appellant to appear at the next scheduled hearing, after having obtained 108 two (2) continuances, shall constitute a withdrawal of the appeal consistent with Rule 15.2b.6. Failure of the District to appear at the next scheduled hearing, after having obtained two (2) continuances, mandates a determination by the Commission in favor of the appellant. c. Decision of the Commission 1. The Commission may affirm the action of the appointing authority or, if the Commission finds that the action appealed by the employee was taken by the appointing authority without just cause or because of his/ her age, race, sex, creed, or color, disability not related to essential job functions, or because of his/ her political, religious, or union opinions or affiliations, except affiliations with any group or organization which seeks or advocates the overthrow of the government of the United States by force or violence, such employee shall be reinstated in his/ her former position or a position of like status and pay, and shall be reimbursed for all or part of any loss of pay, except that the Commission, at its discretion, may find and order that such employee shall not be reimbursed for any loss of pay attributable to any delay caused by employee in having the appeal heard by the Commission. 2. In cases where an appellant's hearing results in failure to secure reinstatement after dismissal, the Commission, taking into consideration the causes of dismissal, may recommend to the Executive Director reinstatement with transfer of the appellant to a comparable classified position in another department, or may with the approval of the 109 Executive Director place the appellant's name on an appropriate eligibility list — provided, however, that there shall be no reimbursement by the District for any loss of pay suffered by such appellant asa result of his/ her dismissal. 3. In all cases of appeal from suspensions, demotions and dismissals, the decision of the Commission shall be final. Copies of the Commission's decision shall be made available in accordance with applicable law 15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND PRODUCTION OF RECORDS In the course of any hearing or investigation conducted under the provisions of the Charter or of these Rules, the Commission shall have the power to administer oaths, to subpoena, to require the attendance of 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 induding payment of any overtime or compensatory time applicable under Rule 13.5 but excluding call-back pay. Written notification of any requested witnesses in the classified service of the District must be submitted to the Director of Human Resources no later than four (4) business days prior to a scheduled hearing. If any employee shall willfully refuse to testify or answer any questions relative to the matter 110 being heard by the Commission on any grounds or knowingly provides false testimony, he/ she shall bedismissed from thedassified service. 15.4 I N V EST I GA T I O N BY THE C O M MISSION The Commission may, upon its own initiative, make such inquiries and investigations as it may deem to be warranted regarding the administration and effect of the provisions of these Rules and of the Charter, and to make such recommendations to the Director of Human Resources, Executive Director, or the Board, as in its judgment may be warranted. 111 METROPOLITIAN ST. LOUIS SEWER DISTRICT COMMISSIONERS TARA BUCKNER ANNETTE ADAMS DANIEL GONZALES CIVIL SERVICE COMMISSION (THREE YEAR TERM) SWORN IN: JANUARY 21,2014-PARTIAL TERM 157 FULL TERM JUNE 8 , 2014 —JUNE 8, 2017 2ND FULL TERM JUNE 8, 2017 — JUNE 8, 2020 SWORN IN: 1sT TERM FEBRUARY 18, 2015 — FEBRUARY 18, 2018 2ND TERM FEBRUARY 18, 2018 -- FEBRUARY 28, 2021 SWORN IN: 1sT TERM JANUARY 7, 2016 —JANUARY 7, 2019