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HomeMy Public PortalAboutExhibit MSD 18F7 Civil Service Rules and Reg July 2007Exhibit MSD 18F7 THE METROPOLITAN ST. LOUIS SEWER DISTRICT CIVIL SERVICE RULES & REGULATIONS LY 2007 HUMAN RES OURCES DEPARTMENT 2350 MAR KET STREET ST. L OUIS, MO 63103 THE METROPO LITAN ST. L OUIS SEWER DISTRICT CIVIL SERVICE RU LES AND RE GULATIONS ADOPTED JULY 12, 2007 O RDINANCE NO. 12480 REVISION DATES: September 16, 1955 April 9, 1956 July 7, 1958 O ctober 22, 1958 May 17, 1960 November 10, 1960 June 25, 1962 September 10, 1964 February 20, 1969 February 22, 1971 August 29, 1972 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 THE METROPOLITA N ST. LOUIS SEWER DISTRICT CIVIL SERVICE RULES AND REG UL ATI ONS Table of Contents Page RULE 1 DEFINITIO NS 1 RULE 2 GENERAL PROVISIONS 11 2. 1 PURPOSE OF RU LES 11 2.2 POSITIONS COVERED BY RULES 12 2. 3 A MENDMENT OF RU LES 12 2. 4 ADMINISTRATIO N OF RULES 12 2. 5 VALIDITY OF RULES 13 2. 6 SINGU LAR A ND PLURA L USAGE 13 2.7 EFFECTIV E DATE OF RU LES 13 RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION 14 3.1 GENERAL PROVISIONS 14 3.2 HU MAN RESOU RCES DIRECT OR ( OR DIRECTOR OF) 14 3.3 CIV IL SERVICE COMMISSION 15 a. A ppo intment and Term 15 b. Duties 15 c. O fficers 16 d. Meetings 16 RULE 4 APPLICATIONS AND EXAMINATIONS 17 4.1 FO RM AND FILING OF A PPLICATI ONS FOR EX AMI NATION 17 4.2 NO TICE OF EXAMINATIONS 17 4.3 MINIMU M QUA LIFICATIONS FOR FILING F OR EXAMIN ATION 18 4. 4 FILING OF APPLICATION FOR EX AMINATION 18 4.5 DISQUALIFICATION OF A PPLIC ANTS 19 4. 6 CHA RACTER OF EXAMINATIONS 21 a. Open Competitive Ex aminations 21 b. O pen Continuo us Examinations 22 c. Employee Examinations 22 4. 7 ADMINISTRA TIO N OF EXAMINATIONS 23 a. Establishment of Procedures 23 b. Use of District Employees 23 c. Co ntracting for Ex aminatio ns 23 4. 8 RA TING OF EXA MIN ATIONS 2 3 a. Metho d of Rating and Minimum Grades 23 b. Consideration for Lower Job Titles 24 c. Rating of Competence 24 4.9 N OTICE AND REV IEW OF EXA MINATION RES ULTS 24 a. N otice of Examination Results _4 b. Records of Test Results; Correcti ons 24 RULE 5 ELIGIBILITY LISTS 26 5.1 RESPON SIBILITY FOR MAINTEN ANCE OF ELIGIBILITY LISTS 26 5.2 TYPES OF ELIGIBILITY LISTS 26 a. Original A ppointment List 26 b. Emplo yee Lists 26 c. Restoratio n List 27 d. Recall Lists 27 5.3 CONSOLID ATIO N OF LISTS 27 5. 4 U SE OF RELATED ELIG IBILITY LISTS 28 5. 5 DU RA TION OF ELIGIBILITY LISTS AND ELIGIBILITY 28 a. O riginal Appointment Lists 28 b. Employee Lists 29 c. Recall Lists 29 d. Restora tion Lists 29 5.6 A VA ILABILITY OF INDIVID UALS ON ELIGIBILITY LISTS 29 5. 7 REMO VAL OF NAMES FROM LISTS 29 5. 8 REQU EST TO RETURN NAME TO ELIGIBILITY LIST 31 RULE 6 CERTIFICA TION AND APPOINTMENT 32 6. 1 REQUEST TO FILL A POSITION 32 6. 2 FILLING OF VA CANCIES 32 a. A ppointment Through Demoti on 32 1. Inv oluntary Demotion 32 2. V oluntary Demotion 33 b. Appointment Through Re assignment 33 c. Appo intment from Restoration Lists 33 d. Appointment from Recall Lists 34 e. Appo intment from Employee Lists 34 f. Appointmen t Through Tr ansfer 35 1. Transfer (District Initiated) 35 2. Transfer (Employee Initiated) 35 g. Appointment Through Reinstatement 35 h. Appo intment From Original Appoi ntment List 36 i. Appoinments of Limited Duration 37 1. Temporary Appointments 37 2. Emergency Appointments 37 3. Provisional Appointments 38 6. 3 OVERLA P OF INCUMBENTS 38 6. 4 CERTIFICA TIO N OF INDIVIDU ALS FROM ELIGIBILITY LISTS 38 a. Order of Certification 38 b. Certificatio n From Related Lists 39 c. Physical Examinations 39 RU LE 7 PROBATIONA RY PERIO D An 7.1 PURPO SE AN D DURATION OF THE PROB ATI ONARY PERIOD 4 a. Original Appointment Probation 40 b. Probation Follo wing Promotion 40 c. Probation Following Demotion 41 d. Probatio n Following Transfer 41 e. Probation Following Reinstatement 41 • 7. 2 CO MPUTA TIO N OF. THE PROBATIONARY PERI OD 41 7.3 EMPLOYEE EVALUA TIO N DURIN G PR OBATION 42 7.4 REMOV AL DU RING PROBATIONARY PERIOD 42 7. 5 RETENTION OF EMPLOYEE AFTER PROB ATI ON 43 7. 6 FOLLOWING REMOV AL DURING PROMOTIONAL OR TRANSFER PROBA TION ARY PERIOD 43 7.7 FO LLO WING REMOVAL DURIN G DEMOTI ON AL PROBATIONARY PERIOD 44 7.8 PROMOTION DURING PROBATIO N 44 RULE 8 EMPLO YEE CONDUCT A ND RELATIONS 46 8.1 DISCRIMINATION A ND FAVORITISM PR OHIBITE D 46 8.2 POLITICAL A CTIVITIES 46 a. Political Contributio ns 46 b. Political Speeches and Campaigning 46 c. Political Rights of Employees 47 d. Partisan Po litical Candidac y 47 P. Non -Partisan Politica l Candidacy and Office $ f. A uthority for Opinions on Politic al Activity 49 8.3 CO NFLICTING EMPLOYMENT 49 8.4 FINANCIA L INTEREST 49 8. 5 RELATIV ES 50 8. 6 ATTENDANCE A ND REPORTS OF ABSENCE 50 8.7 CHA NGE OF EMPLOYEE INFORM ATION 51 8.8 MEDICA L EXA MINATIONS AN D INQUIRIES 51 RULE 9 PERFORMANCE MANAGEMENT 52 9.1 ESTABLISHMENT OF SYSTEM 52 9. 2 PURPOSES OF SYSTEM 52 9.3 FREQU ENCY OF PERFORMANCE APPRAISAL 53 a. Performance Appraisals of Regular Employees 53 b. Performance A ppraisals of Probationary Employees 53 c. Performance Appraisals of Temporary Employees 53 9.4 A DMINISTRA TION OF SYSTEM 53 RU LE 10 PERSONNEL FO RMS, RECO RDS AND REPORTS 55 10.1 PERSONNEL FORMS 55 10.2 PERSO NNEL RECO RDS 55 a. Examination Records 55 b. Depa rtment Personnel Records and Reports 55 c. Director of Huma n Resources Records and Rep orts 56 iv d. A vailability of Personnel Records 56 RULE 11 LAYO FF PROCEDU RE, SEPARATION AND DISCIPLINARY ACTION 57 11.1 SENIO RITY 57 11.2 LAYO FF 57 a. When Permitted 57 b. O rder of Layoff 57 c. Notice of Layoff 58 d. Position After Layoff 59 11.3 DISPLA CEMENT 59 a. Procedure 59 b. Failure to Meet Qualifications or Requirements 60 c. Evaluation After Displacement 60 11.4 RESTO RATION /RECALL 60 a. Procedu re 60 b. Evaluation After Recall 61 c. Evaluation After Restoration 61 11. 5 DISABILITY 62 11.6 DISCIPLINARY A CTION 62 a. Types of Disciplinary Action 62 1. Reprimand 62 2. Suspension 63 3. Demotion 63 4. Dismissal 63 b. Reasons For Which Disciplinary Action May Be Taken 63 c. General Provisio ns 66 11. 7 NOTIFICATION OF SEPARATI ON AND DISCIPLINARY ACTION 67 RULE 12 CLASSIFICATION PLAN 68 12.1 EXISTING PLAN RESERVED 68 12.2 ADMINISTRA TION OF CLASSIFICATION PL AN 68 a. Allocatio n of Positions 68 b. Establishment of Positions 69 c. Reallocation of Positions 69 d. Status of Incumbent When Position is Re allocated 69 e. Review of Allocation and Reallocation 70 12. 3 JOB DESCRIPTIONS AND CLASSIFICATION 70 a. Contents of Job Descriptions 70 b. Interpretation of Jo b Descriptio ns 71 c. Use of Job Descriptions in Allocation and Reallocation 71 d. Use of Minimum Qualifications Statements 71 12.4 U SE OF STAN DARD PROCEDURE OF JOB ANALYSIS 72 12. 5 -USE OF JO B TITLES A ND CODES 72 12.6 MAINTENANCE OF CLASSIFICATION PLAN 7 RULE 13 COMPENSATIO N PLAN i 4 13.1 COMPEN SATION PL A! 7'^, 13. ? BA SIS OF PA Y RATES 74 a. Co mpensation of Full -Time Employees 74 b. Co mpensation of Temporary Empl oyees 74 1. Hourly and Daily Rates of Temporary Empl oyees 75 13.3 PA YMENT OF COMPENSATION 75 13. 4 ENTRANCE PA Y RA TES 76 a. Starting Rate on Initial Employment 76 b. Starting Ra te on Reinstatement i6 c. Sta rting Rate on Return fr om Military Leave 77 d. Starting Rate of Displacing Employees 77 e. Starting Rate on Restoration 78 1. Original Positio n 78 2. Position Lower Than Original Position 78 f. Starting Rate on Recall 79 1. Original Positio n 79 2. Po sition Lower Than Original P ositi on 79 g. Starting Rate on Pro motion 80 h. Rate of Pay on Transfer or Reassignment 81 i. Ra te of Pay on Demotion 81 j. Rate of Pay Following Unsuccessful Promotional Probationary Period 81 k. Rate of Pay on Reallo cation 81 13.5 WORKING HOURS 82 a. Regular Working Hours 82 b. Overtime 83 c. Eligibility for Overtime Compensation 83 d. Eligibility for Compensatory Time 83 e. Calculation of Overtime 84 f. Compensation for O vertime Work 84 g. Reporting of O vertime Work 84 h. Call -Back Pay 84 i. Stand-by Pay 85 13.6 HOLIDA YS 86 a. List of Holidays 86 b. Personal Holidays 86 c. Holida y Observance 87 d. Compensation for O bservance of a Holiday 87 e. Compensatio n for Work Performed on Holidays 88 13. 7 MAINTENANCE OF COMPENS ATION PLAN 88 RULE 1.1 LEA VES OF ABSENCES 90 14.1 VACATION LEAVE 90 a. General Provisions 90 b. Vacation Preference 90 vi c. Computation of Vacati on Leave 90 1. Reg tlar Employees 91 2. Temporary Employees 91 d. Vacation Leave Accrual During Military Service 92 e. Restrictions on Granting of Vacation Leave 92 1. Regularly Scheduled Vacation Leave 92 2. Emergency Vacati on Lea ve 92 3. Hourly Increment Vacation Leave 93 4. Vacation Leave to Supplement Workers' Compensation Benefit 93 5. Vacatio n Leave Upon Exhausti on of Accrued Sick Leave 94 f. Payment for Unused Vacation Leave 94 g Transfer of Unused Vacation Leave 94 14.2 EDUCATIONA L LEAVE 94 14.3 SICK LEA VE 95 a. Granting of Sick Leave With Pay 95 b. Exclu sions from Sick Leave With Pa y 95 c. Control of Sick Leave With Pay 96 d. Absence Due to Illness in Employee's Household 96 14.4 INJU RY ON THE JOB 96 14.5 MILITARY SERV ICE/RESERVE LE AVE 97 a. With Pay 97 b. Without Pay 97 c. Physical Examination for Military Purposes 98 14.6 MILITA RY LEAVE A FTER SERVICE 98 14.7 BEREAVEMENT LEA VE 99 14.8 A BSENCE FOR VOTING 100 14.9 A BSENCE FOR JURY DUTY/WITNESS PAY 101 14.10 LEAVE WITHOU T PA Y 101 14. 11 SPECIAL LEA VE 101 14.12 FMLA LEAVE 102 14. 13 ADMINISTRATIVE LEAVE 103 RULE 15 APPEALS AND INV ESTIGATIONS 104 15. 1 A PPEALS FROM ADMINISTRATI VE DECISI ONS OF DIRECT OR OF HUMA N RESOU RCES 104 a. General Provisions 104 b. Procedure fo r Appeals from Administrative Decisions 104 c. N ature of Commission Review of Administrative Decisions 104 15.2 A PPEA LS FROM DISCIPLIN ARY ACTI ON 105 a. General Provisions 105 b. Hearin g Procedure 106 c. Decision of the Commission 108 15. 3 POWER TO ADMINISTER OATHS, HS, SUBPOENA A ND DEMAND PRODUCTION OF RECORDS 109 5 t INVESTIGATION BY THE COMMISSION 110 RULE 1 D EFINITIONS As used in these Raules, the following terms shall have the meaning indicated below, unless the content specifies or clearly indicates another meaning. 1.1 ALLOCATION -- The assignment of an appropriate job Title to a position based on the kind of work, duties, and responsibilities. 1.? APPOINTING AU THO RITY -- The Executive Director or an officer or head of a depa rtment or other organizatio nal unit to whom the Executive Director has delegated the authority to make appointments. 1. 3 APPOINTMENT -- The induction of a person to a positi on in the classified service of the District. A ppointments sha ll be of the following t ypes: Recall; Restoration; Promotion;Original A ppointment; Emergency Appointment; Transfer; Reas signment; R einstatement; and Demotion. 1.4 CER TIFICATIO N -- The act, by the Director of Human Resources, of supplying an appointing authority with the names of applicants deemed eligible for appointment to a vacant position in the classified service . May also refer to the list of names fr om an eligibility list supplied to the a ppointing authority . CHAR TER -- 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, Sectio n 30 (a) and (b) of the co nstitution of Missouri as amended . 1.6 CLASSIFICATION, JOB TITLE or TITLE -- The designation given under the Classification Pla n to describe a positi on. 1.7 CLASSIFICA TIO N PLAN -- The arrangement of all Job Titles in the classified service into a system of General Classes and Job Descriptions. 1. S CLASSIFIED EMPLOYEE -- An empl oyee occupying a position in the classified service of the Dis trict. 1. 9 CLASSIFIED POSITION -- A position in the classified service. 1.10 CLASSIFIED SERVICE - All positions not specified as unclassified. 1.11 COMMISSION -- The Metropolitan St. Louis Sewer District Civil Service Commission, which is appointed by the Board. 1. 12 CO MPENSATIO N -- The salary, wages, fees, and all other forms of val uable consideration, earned or paid to any emplo yee of the classified service by reason of service in th e position, but does not inclu de allowances for authorized and incurred ex penses which are incidental to em log ment . 1.13 CO MPENSA TION PLAN -- A schedule of salaries established by ordinance as Schedules A, B and C fo r the job title s recogni zed in the classification plan. 1.14 CONTINU OU S 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 FML A leave 1 (unless substituted other leave) pursuant to Rule 14 .12 . In addition, if an empl oyee is appointed by reinstatement, said period of time shall be reduced by any period of time an employee was separated from District service. 1.15 DAY S -- 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 ra te of pay when such change is not in the nature of displacem 1. 17 DEPARTMENT -- An established major organizational unit of the District . 1.18 1.19 DISCHARG E: OR D ISMISSAL -- The involuntary separation of a person from employment in the District because of unsatisfactory service or conduct . LACEMENT -- The placement of an employee in lieu of layoff in a position in the employee's general class that is in a p ay g -a de that is equal to or lower than the position o ccupied by the employee. 3 1. 20 DISTRICT -- The Metropolitan St. Loizis Sewer District as est ablished by the Charter . 1.21 ELIGIBILITY LIST-- A ny of the lists of names of persons eligible for appointment to po sitions in the cla ssified service of the District. 1.22 EMERGENCY APPO INTMENT -- The appointment of a qu alified individual to a classified position when an emergency makes it necessary to immediately fill the position in order to prevent stoppage of public business or loss, haz ard, or serious inconvenience to the public, and it is impossible to promptly fill such p osition under any other provision of these Rules. 1.23 EMPLOYEE EXA MINATION -- A competiti ve e xamination which is designed to measure the relativ e qualifications, comparative excellence and general fitness of employees for a particular job title in the classified service. 1.24 EMPLOYEE LIST -- A list of regular and/or original probationa:y employees, who are qualified for assignment to a particular job title. 1.25 EXAMINA TION -- All of the tests or e valuations of fitness together that are applied to determine the relative qualifications of applicants. 1.26 EXECU TIVE DIRECTOR -- Appointed by the Board and is the Chief E xecutive and Administrative Officer of the District. 1. 27 GENERAL CLA SS -- One or more jo b 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 resp onsibility, and constitute a normal line of advancement. 1. 28 HEARING -- A proceeding before the Commission or its designee, held in accordance with law, for the following purposes: to hear appeals of classified employees from adverse action of dismissa l, demotion, reduction in comp ensation, or suspension; to hear appeals of classified employees from administrative decisions of the Director of Huma n Resources; or to consider any other matter within the jurisdiction of the Commission. 1.29 HUMAN RESOU RCES DIR ECTOR (OR DIRECT OR OF) -- The Chief Executive Officer of the merit sy stem; as used in these Rules, the terms denote the staff or office of Director of Human Resources as well as the individual . 1. 30 IMMEDIATE FAMILY -- An employee's spouse, children, stepchildren, grandchildren, pa rents, stepparents, father-in-law, mother-in-law, sister, stepsister, brother, stepbrother, grandparents, and other relatives residing within the employee's ho usehold. 1. 31 JOB D ESCRIPTION -- The written desc ription of the duties and responsibilities of a job title and its qualifica tio n standards. 1. 3? LAYO FF -- The removal of an employee from the classified service bec ause of lack of work or shortage of funds or by reason of abolishment of a classified p ositi on 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 MA NA GEMENT COMMITTEE -- A committee selected by the Executive Director from employees holding executive unclassified positions. 1. 34 OPEN COMPETITIVE EXAMINA tint. -- An examination open to all persons, whether emplo yed by the District or not, who meet and comply with the prescribed requirements for admission. 1.,7;3 OPEN CO NTINUOUS EXAMINATION -- An open competitive examination having no date scheduled for termina tion. 1. 36 ORIGINAL A PPOINTMENT -- Appointment to a positi on in the classified service,, other than by recall, restoration or reinstatement, of an applicant who is n ot a regular employee at the time of the appointment. 1.3i PART TIME EMPLO YEE -- 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 U nderstanding an agreement must be established between the District and the Local U nion to designate that employee as part time. 6 1. 3$ PAY GRADE -- The appropriate salary range for designated job titles in the classification plan. 1.39 PO SITION -- A group of duties and responsibilities designated to be performed by one employee and established according to these Rules. 1.40 PROBATIO NAR Y EMPLOYEE -- A person appointed from an ell no t yet completed his/her appropriate probationary period of service. list who has 1.41 PR OBATIONARY PERIOD -- The final step in the e xamination process; a specified period (usually six (6) months) during which an employee is required to demonstrate thro ugh actual performance his/her fin -less for a classified position. 1.42 PROMO TION -- A change in the assignment of an employee to a job title having a higher max imum salary rate when such ch ange is not in the n ature of restoration. 1. 43 PROVISIONA L APPOINTMENT -- A temporary non-c ompetitiv e appointment of an individual to fill a classified po sitio n, pending est ablishment of an eligibility list for such position. 1. 44 REALLO CA TION -- A change to a classified position by raising it to a higher pay grade, reducing it to a lower pay grade, or m oving it to another job title at the same pay ade on the basis of a significant change M. duties, authority or responsibility of the position that have been performed fo r a i um of one year in duration. 1.45 REASSIGNMENT -- A ssignment of an employee within the department under the same appointing authority from one area to another area within the s ame job title. 1.46 RECALL -- The appointment of an employee to a classified position from a recall list. 1.47 RECALL LIST -- A list of persons who have been regular employees in a particular j ob title and who ha ve been laid off in good standing and are entitled to have their names certified for appointment to job titles in a general class for which their qualifications may he considered. 1. 48 REGU LAR EMPLOYEE -- An employee who has been appointed to a positi on in the classified service in accordance with Civil Service Rules and has successfully completed his/her original appointment probationary period. 1. 49 REINSTATEMENT -- At the discretion of the App ointing Authority, the return to District serv ice of a regular employee in accordance with regulations governing such re-employment. 1.50 RESIGNATIO N -- A voluntary separation which is effected by: (1) the appointing authority's a cceptance of an employee's written or oral communicati on st ating the employee's intent to leave the classified service; (2) the employee's continued absence after the exhaustion of a ll leav e granted to and/or accrued by the employee; or (3) any other act which clearly indicates the employee's intention to leave the classified service. 8 1. 51 RE STO R ION -- In the case of a recalled employee occupying a positi on 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 uz a lower job title of the same gen eral class of that held immediately prior to displacement. 1. 5? RESTOR ATION LIST -- A list of regular empl oyees who have either been recalled or ha ve displaced other employees, and who are entitled to have their names certified for appointment to a classified po sition in the job title held immediately prior to layoff or displacement or to a position in a lower job title of the same gener al class of th at held immediately prior to the layoff or displacement . 1.53 RE T EMENT -- A voluntary separation where a retirement benefit is payable at the time of separation in accordance with the District Pension Plan ordinance . 1.54 RULE OR RULES -- One or more of The Metropolitan St . Louis Sewer District Civil Service Rules and Regulations. 1.55 SALA RY RANGE -- The spread between the mi nimum and maxim um salary of any pay grade. 1.56 SEPARATION -- The removal of an empl oyee from the cl assifi ed service of the District by dismissal, r ent, death, or resignation. 1. 57 SU S Y E.NSIO N -- An involuntary, unpaid lea ve of absence for disciplinary purposes or pending an investigation of cha rges made against an employee . 1.58 TEMPORA RY APPOINTMENT -- An appointment of an individual fr om an eligibil list to an approved po sition which is limited in duration. 1.59 TRA NSFER -- Assignment of an employee from a classified positi on to a differe nt classified position with the same pay grade. UNCLASSIFIED SERVICE -- All positions in the District specifically excluded by the Charter, ordinance or Rules from the classified service. 1. 61 UNCLASSIFIED POSITION -- A positio n 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 Provisio ns of the Charter. These Rules shall be applied in acc ordance with the intent of the Charter which is interpreted and declared to be as follows: (1) To esta blish for employ ees 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 employ er. (2) To govern the appointment, promotion, transfer, layoff, separation and discipline of employees in the classified service, and other District employment transa ctio ns on the basis of merit and fitness . (3 ) To maintain a uniform classification plan based upon relati ve duties, level of difficulty and responsibility, and qualific ati ons required of p ositions in the classified service. To administer a Compensation Plan, with due consideration given the interest of bo th employee and taxpayer, which is based on the principle of equal pay for substantially equal work and which will insure ""rem to LViii .�} GC a.i ion proportionate J�iG ie to the d tficulty, responsibility and qualificati on requirements of the work performed. POSITIONS COVERED BY RULES These Rules shall apply to all positions in the classified service as defined in these Rules. AMEN DMENT OF RULES The Commission shall hold a public hearing on proposed amendments to the Rules recommended by th e Director of Human Resources or by the Commission in accordance with the Personnel Provisions of the Ch arter. After such hearing, the Commission sha ll approve, modify and approve, or reject the proposed amendments wholly or in part. Amendments approved by the Commission shall then be submitted to the Board and shall become effective when adopted by ordinance . 2. 1 A DMINISTRA TIO N OF RULES - The Director of H uman Resources is charg ed with the responsibility for the administration of the Rules. Administrative regulations prescribing procedure for the administration of the Rules shall be established, rescinded by the Director of Hu an Resources after consultation with Director, with the approv al of the Commission. the detailed amended or the E xecutive 1.7 2. VALIDITY OF RULES If a ny part of the ordinance adopting these Rules or subsequent amendments theret o is held to be invalid by competent authority, every other part not so held sh all c ontinue in full force and effect as if the inv alid part had n ot been included. 2.6 SINGULAR A ND PLURAL USAGE As used in these Rules, the singular shall include the plural, and the plural shall include the singular. 2.7 EFFECTIVE DATE OF R ULES The Rules and Amendments herein shall become effective upon the effecti ve 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 E xecutive Drrec+or of the D istrict, except as otherwise provided by the Charter . He/she shall appoint and, when necessary for the goo d of the service, remove all officers and employees of the District, ex cept as otherwise pro vided in the Ch arter, a nd except as he/she may a uthorize the head of a depa rtment or office to appoint subordinates in such department or office, subject to the Personnel Provisions of the Ch arter . HUMA N RESOURCES DIRECTOR (OR DIRECT OR OF) l Human Director of Human Resources shall: (1) Hold examinations for all appointments in the cl assified service, establish eligibility lists, and certify names from elig authorities for filling vaca ncies in s aid service . l f t lists to appointing (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 o ut the Personnel Provisions of the Charter. 14 (4) Advise, assist, a nd cooperate in fostering the interest of insLit ions of learning and civic, professional, and employee organiz ations 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 Direct or. 3.3 CIVIL SERVICE CO MMISSION a. Appointment and Term Civil Service Commission - - Appbinliiient - - Term. There shall be a Civil Service Commission of three members, who shall be appointed by the Board . Members shall have the same qualifications as required for Trustees, except that no member shall be a Trustee under the Charter. Members shall be perso ns 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 B oard for the unexpired term. b. Duties Civil Service Commission -- Duties -- The Civil Service Commission sh all: 1. A dvise the Board, Executive Director, and Director of Human Resources on problems concerning personnel adininistration . Make any investigation which it may consider desirable concerning perso nnel administration in the District service, and report to the Board at least once a year its findings, conclusions, and rec ommendations . 3. Recommend Civ il Service Rules to the Board. A Hea r appeals from disciplinary acti on, administrative actions and other matters within the jurisdiction of the Commission . 5. A dvise, assist, and cooperate in fostering the interest of institutions of learning and civic, professional, and emplo yee organi zations in the improvement of personnel standards and conditi ons in the District. c. Officers The Co mmission shall select fr om its members a chairman and vice chairman whose term of office shall be for one year. The Director of Human Resources shall serve as secretary of the Commission . d. Meetings Regular meetings shall be held on such dates as shall be determined by the Commission. Special meetings shall be held on call of the chairman or any two members of the Commission. RULE 4 APPLICATION S AND EXAMINATIONS 4.1 FORM A ND FILING OF APPLICATIONS FOR EXAMI NATIO N Application shall be accepted o nly on official forms prescribed by the Director of 1 Human Reso urces and appro ved by the Commission. The applicant shall sign each application and the signature sha ll certify the truth of all statements c ontained therein . The application form shall not require any information that does not comply with the Equal Employ ment O pportunity Act or any other Federal or State regulati ons for the position in question or political affiliations of an applicant other than to require the applicant to certify n on -affiliation with any group or organization which seeks or advocates the overthrow of the gov ernment 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. NOTICE OF EX AMINATIO NS The official announcement of an exa mination shall consist of the posting of a notice thereof for a minimum of five (S) working days prior to the last date applications will be a ccepted. Said notice shall be posted on a public bulletin board maintained in the public a rea of the D istrict'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 exa mina tion is to be given. These may include paid advertisements in newspapers and periodicals, announcement to the press and to educational institutions, posters and circulars for general distribution, and simil ar means. Each officia l 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 inform ation as the Directo r of Human Resources considers pertinent and useful. 4. 3 MINIMU M QUALIFICATIONS FOR FILING FOR EX AMINATIO N A ll 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 e xamination, shall be permitted to file an application for examination; provided h owever, 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 examin ation for such job title until si x (6) months after the date of the prior examination for such job title. 4. 4 FILING OF APPLICATION FOR EXAMINATION To be accepted for rev iew, applications for e xamination must be filed with the District Human Resources Department by the date, if any, specified in the notice for application, L or as specified by the D irector of Human Resources. DISQUALIFICATION OF APPLICANTS The Director of Iu an Resources shall reject the applicati on for examin ati on or refuse to exa mine an a pplicant, or after examinati on disqualify such applicant or if already appointed, co nsult with the appointing authority in t aking steps to rem ove such pers on if such perso n: (1) has failed to submit his/her application for examination correctl y or within the prescribed time limits; is found not to meet all of the prelimin ary requirements established for the examination for the job title; (3) has made a false statement of material fact in his/her application for examination, or practices, has practiced or attempted to practice any fraud or deception in his/her attempt to secure appointment; (4) has directly or indirectly obtained inform ati on regarding the examination to which, as an applicant, he/she was n ot entitled; has taken part in the compilation, administration, or scoring of the examination for which he/she is an applicant; is u nable to b'ertorin the essential job elements of the position with or without reasonable acco unot (7) (8) (9) has established an unsatisfactory employment record as evidenced by reference checks of such nature as to demonstrate lack of fitness for employment in the position for which he/she applies; habitually uses any form of into xicant to excess; has tested positive on a substance abuse test initiated by the District within the 12 months preceding the examination unless the person has presented evidence that the substance abuse is not recurring (including, but not limited to, participation in and compliance with a substance abuse rehabilitation program after said positive result); or is prohibited from performing the duties of the job title by a federally mandated substance abuse testing regime; has been convicted of criminal conduct, or engaged in dishonest, immoral or notoriously disgraceful conduct, of such gravit y as to render him/her unfit for the position for which he/she applies; (10) has used or attempted to use politic al 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 go vernment of the United States by force or v iolence; or (12) has otherwise violated the provisions of the C Rules. 4.6 CHARACTER OF EX, MI EXAMINATION S relevant ordinances or these Any practical means or measures may be used in open competitive exa inat Ins which in the judgment of the Director of Human Resources are calculated to reve al the ability and fitness of candidates to perform the duties and responsibilities of positions for which the examination is held. Ex aminations and tests may be written, oral, physic al, a demonstration of skill or performance, an evaluation of education, training and experience or any combination thereof. Examinations may include investigati on of training and ex perience, a test of knowledge, skill or aptitude a nd an inquir y into the character, reputation and general suitability of applicants. Examin ations shall be rated impartially, and no test or question in any ex amination shall call for or lead to disclosure of information that does not comply with the Equal Employment O pportunity 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. Rea sonable accommodations will be made to those applicants with disabilities upon request. a. Oxen Comp etitive Examinations All entrance exa minations for positions in the classified service shall be open competit e i n character. b. Open Continuous Examinations In order to supply an adequate number of qualified candidates, the Director of Human Reso urces may establish a continuous recruitaiLent program . Under such pro gram, applications may be accepted and examinations held whenever a sufficient number of applicants ha ve filed to assure adequate competition. Emp loyee Examina tions 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, inclu ding an evaluation of empl oyee performance of rel ated duties, in adds f ort to any required tests. H owever, the Director of Human Resources m ay w aive any required test if the emplo yee previously obtained a grade on the test sufficient to qualify for the position for which the present examination is being conducted. If a new employee examination is announced, and at least six (6) m onths h as elapsed since the initial examin ation, an employee who has achieved a qualifying rating may elect to be re-examined and have his/her name placed on the eligib st in accordance with the new ratiing. AD MINISTRATION 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 max imum impartiality in the examination and rating of candidates. The Director of Human Resources may disqualify any applicant for failure to comply with procedures and regulations established for e xamination. b. Use of District Employees The Director of Human Resources, with the consent of the appr opriate appointing authorities, is authorized to select District employees in the classified service to act as ex aminers under his/her direction. c. Contracting for Ex aminations The Director of Human Resources is authorized to c ontr act with anv agency, public or private, to conduct anv 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 examina tions and determining relative ranking of candidates. The minimum eligibility requirements for all e xaminations or portions thereof shall be established b e Director of an Resources. The method utilized to determine the fin al examinati on r ating for a job title shall be uniformly applied to all applicants for that job title. b. Consideration for Lower Job Titles An applicant who , a fter ex amin ation, fails to gain eligibilit y 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 irector of Human Resources shall establish procedures for the evaluati on of competence which shall give due consideration to relevant knowledge, skills, abilities, training/education and to the quality, recency and amount of ex perience. The procedure utilized to evaluate competence for a position shall be uniformly applied to all applicants for that job title. 4.9 NOTICE AND REVIEW OF EXAMINATION RES ULTS a. Notice of Exa mination Results Applicants shall, when rating is completed, be notified in writing of their eligibility status. Records of Test Results; Corrections Record s of test results shall be open records or designated closed records pursuant to procedures authorized by law . A manifest ergo_ in marking, g 7.4 or computatio n of final rating, if called to the attention of the Director of Human Resources within fifteen (15) days after the mailing of the notices of examination results, shall be corrected. Such corrections, however, shall n ot invalidate any certification or app oi sent made previously . RULE 5 G IBILITY LISTS 5.1 RESPONSIBILITY FO R MAINTENANCE OF ELIGIBILITY LISTS It shall be the duty of all appointing authorities to notify the Director of Human Resources as far in advance as possible of vacancies which may occur in their departments. The Director of Human Resources sh all est ablish and maintain necessary eligibili y lists in order to provide an adequate supply of qualified candidates to fill vacancies for all positions in the classified service. 5. 2 TYPES OF ELIGIBILITY LISTS a. Original Appointullent List Applicants who, have achieved the required eligi ratings in an entrance examination (open competitive or open continuous) shall have their names pla ced on an origina l appointment list for the job title, arranged in order of final qualifying grade received, from highest to lowest . Whenever two or m ore candidates have equal ratings, their names shall be arranged on the list in the order in which their applications were received . Emnlovee Lists Emplo yees who achieve the required eligibility ratings on employee examinations shall have their names pl aced on an employee list for the job title, arranged in ord er of fina l 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 class and employees who are recalled to a position in a lower job title other than that occupied immediately prior to layoff shall have their names placed on a restoration list for the general class of the p osition held immedia tely prior to layoff or displacement . Names on such restoration lists shall be arranged in order of seniority as defined in Rule 11.2 . d. Recall Lists Employees laid off from a regular appointment in the classified service of the District shall have their names placed on a recall list for the general class of the position held immediately prior to the lay off. Names on such recall lists shall be arranged in o rder of seniority as defined in Rule 11.? . 5.3 CONSOLIDATION OF LISTS A new examination may be held for a job title for which an eligibility list already e xists if, in the opinion of the Director of Human Resources, the needs of the District would be better served thereby. Applicants and empl oyees remaining on the prior list shall be placed on the new list in accord' -ice with their previous ratings as th ough they had taken the new examina tion, but such applicants and employees shall be rem oved from the list at the ex piration of the or' er p iod. If a new examination is peri od. a nno unced six (6) months or lo nger after the initi al ex amin ation, such applicants and employees may, however, elect to be re-examined and have their n ames placed on the new list in accordance with the new rating, thereby invalidating the prior certification. 5. 4 U SE 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 jo tide in which the vacancy exists. Training and ex perience shall be re-e valuated in conf ormance with the minimum qualifications required for the job title in which the vacancy e xists. 5.5 DURATION OF ELIG T 3' LISTS AND ELIGIBILITY a. Original Appointiiient Lists 1. The D irector of Human Resources shall determine the period during which candidates remain on original app ointment 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. Eligibility lists based on open continuous e xaminations shall ordinarily be of indefinite duration, but may be terminated by the Director of H uman Re eafterthe sources six (,�) m onths l ast examination for t_ he position b. t^,mnlc vee Lists The Director of H,., Resources sh all determine the period during which candidates remain on employee lists . This peri od shall not be less than (3) months or more than two (2) years fr om date of preparati on of the eligibility list. c. Recall Lists Recall lists shall be co ntinuous for each general class, except that no name shall remain on a recall list fo r lo nger than tw o (2) years . d. Restoration Lists Restoration lists shall be continuous for each gener al class and of unlimited duration. 5.6 AVAILABILITY OF INDIVIDU ALS ON ELI GIBILITY 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 REMOV AL OF N AMES FROM LISTS The Director of Human Resources shall remove a name from any eligibility list or refuse to certify any name on an eligibility list for any of the f ollowing reas ons: a. By written request of the individual on the eligibility list. b. Appointment through certification from such list to fill a permanent position; ex cept in the case of a restoration list, then only if the appointment was to the po sitio n held by the employee immediately pri or to lay off or displacement. c. Appo intment through certification from another e g list for a j ob title at a higher compensation; in the case of a restoration list, if appointed to a j ob title at a higher compensation than that received immediately prior to layoff or displacement. d. Failure to respo nd within the time specified to any inquiry or notification from e the Director of Human Resources . N otice by posta l authorities of inability to locate the in dividual on the eligibility list at the last known address supplied to the District by the individual. f. In the case of employee lists or restorati on lists, upon separati on or layoff from the District service. g. Failure to receive appointment after five (5j certifications from an origin al appointment list provided an appointment is made from each certification. case 'gi pp t ;ontemp.7 olist, refusal In the of Gn�� �ia3 appoint i or t���ye upon SeCOiht , rt . .lSal to accept ai ointment from any list until the list expires. For any of the causes stipula ted in Rule 4 .5. 5. 8 REQUEST TO RETURN NA ME TO ELIGIBILITY LIST An indiv idua l who believ es his/her name has been improperly removed from an eligibility list may , within fifteen (15) days of learning of the rem ov al, m ake a written request to the Human Resources Director to return his/her n ame 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 e vent later th an thirty (30) days a fter 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 no tified of the Human Resources Director's action and if the decision is unfavorable, the individual may seek review before the Co r mission as provided in Rule 15.1. 31 RULE 6 CERTIFICATIO N AND APPOINTMENT 6.1 REQU EST TO FILL A POSITIO N Whenever a vacancy in any position in the classified service is to be filled, the appointing authority shall submit a request to fill a position on a form prescribed by the Director of Human Resources. Insofar as practicable, each vacancy shall be anticipated sufficiently in advance to permit the Director of Human Resources to determine who may be available for appointment, and if necessary to establish a job title or to establish an eligibility list. .? FILLING OF VA CANCIES Vacancies in the classified service shall be filled through one of the following procedures, which are listed in gener al sequence of pri ority: Involuntary Demotion; Rea ssignment; Restoration; Recall; Promotion, Transfer and Voluntary Demotion; Reinstatement; and Original A ppointment. In certain cases, emergency, temporary or provisional appointments may be made . a. Appointment Throuc-h Demoti on 1. Involuntary D emotion An appointing authority may demote any classified employee under his/her direction for disciplinary reasons as specified in 11 . In addition to providing the demoted employee with the notice require by _e_ 11. , tlne anno_ntl J shall also furnish a wrirte _i statement of the reasons for such acti on to the Director of Human Resources at least five (5) days prio r to the effective date of the dem oti on. Voluntary Demotion A regular emplo yee may request a demotion to an e xisting vacancy for which he/ she is qualified. The empl oyee will be demoted if selected fr om an appropriate eligibility list . b. Appointment Through R eassignment An appointing authority ma y reassign an empl oyee under his/her jurisdiction from one classified po sition to an other classified position in the same job title after notifying the Human Resources Department of the change in pos on 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 positi on fr om an appointing authority, the Human Resources Department shall determine if a restoration list exists for the general class of the position. If an appropriate restor ation list has been established, the H uman 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; (Z) immediately prior to displacement was either in a position in the job title hei�.g certified or in a po ion ii 9� t,.1e !' title than the to , of the being certified, and (3) has not previously refused to accept a poi rtment to the job title being certified. d. A ppointment from Recall Lists If there is no resto ration list for the general class of positi on, the Human Resources Department shall determine if a recall list exists for the general class of position. If an appropriate recall list has been established, the Human Resources Department shall certify singly the name of the most senior employee qualified for the position who immediately prior to layoff was either (1) serving in a position in the job title being certified, or (2) serving in a p osition in a higher job title than the po sition being certified . e. A_ ointment 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 Deparliiient increases the names either by ho lding another employee examination or an open competitive ex amination, and merging the existing names onto the new list. f. Ap pointment Through Transfer Transfer (District Initiated) An employee may be transferred within a department or between departments from a classified position to another classified p osition in the same pay grade with the prior appro val of the Director of Human Resources and the appointing authorities, when such transfer is considered to be in the best interest of the District. Transfer (Emplo yee Initiated) An employee may request a transfer to an existing vacancy for which the employee is qualified. The employee shall be app ointed to the p osition if selected from an appropriate eligibility list. g. A pp ointment Through Reinstatement A vacancy may be filled through the reinstatement of a former cl assified employee who had acquired regular status in the District's classified service prior to his/her resignation, retirement, dismissal, or special leave, or acceptance of an unclassified position in the District, provided that: 1. Reinstatement shall be effected within two (2) ye ars from the last day of work performed in the former position . The former employee is fully qualified for the p osnt o n to which reinstatement is proposed. 3. The individual will not derive greater rights or pri vileges as a result of the reinstatement, than if he/she had continued as a regular employee. 4. The restoration or recall rights of other employees will n ot be vi olated. 5 The Director of Human Resources certifies such former employee is qualified and eligible in all respects for reinstate_ 6. Reinstatement from military leave after service will be in accordance with Rule 14.6. No unclassified employee may appoint himself or herself to a cl assified position thro ugh reinstatement . h. Appointment From Original Annoin ment List U pon 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 Huma n Resources shall certify up to ten (10) names ha ving the highest final ratings from the original appointment list. If there are five (5) names or less on the eligibility list, the appointing authority may decline the certification. An appointing authority may elect at any, time to leave a position vacant rather than appoint from the eligibility list. Appointments of Limited D uration Appointments of limited duration ma y be made to certain types of vacant positions in the classified service as specified below: 1. Temporary appointments When a po sition in the classified ser vice is limited in durati on, 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 co ntinuously or intermittentl y, in any twelve (12) month period. 2. Emergency Ap pointments When an emergency makes it necessary to inunediately fill a classified position in order to prevent stoppage of public business or loss, hazard, or serious inconvenience to the public, and it is impossible to promptl y fill such position under any other provision of these pules, an appointing a uthority may appoint any qualified person to such p osition 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 co ntinues, the appointment may be e xtended an additional ninety (90) days, but no indi vidual may be given more than one such ap po tment in a ny twelve (12) m onth period. 3. Provisiona l A en_tS When an appointing authority finds it essential to fill a vacancy in a position subject to these Rules, and the Director of Human Res ources is unable to certify an individu al for such vacancy because there is no appropriate eligibility list, or bec ause there is an insufficient number of names on appropriate eligibility lists who are av ail able for appointment, and there is insufficient time to conduct an examination to establish an eligibility list, the Director of Human Res ources ma authorize the filling of the va cancy by a pr ovisional appointment . A provisional appointment shall be terminated two (2) calendar weeks after the Director of Human Resources nor es the appointing authority that he/she is able to certify the proper number of names from an a ppropriate list. 6.3 OVERLAP OF INCUMBENTS When the needs of the District justify such action and when the appoint a on y determines that adequate funds are available, an established classified position which is about to become v acant may be jointly occupied by a second incumbent for the purpose of tra ining the new appointee. 6.4 CERTIFICATION OF NDIVIDUALS FROM ELIGIBILITY LISTS a. O rder of Certification individuals on eligibiliy lists shall be certified for vacancies occurring L,n a job title in order of receipt of requests fo r ce of _c . on for i ees._int _ i Is on lists shall be certified from the appropriate e gibir list without regard to sex, ex cept that an app ointing authority may request and receive selective certification limited to one sex, provided the re as on supp orting 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 c omplete certification, the Director cf Human Resources may certify, or augment a certification, from eligibility lists for higher job titles to vacancies in lower j ob titles, or from eligibility lists fo r 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 ma de. c. Physical Exa minations The Director of Human Resources may establish physical e xamination requirements for any job title or classified position. Physical examinations shall be conducted by regularly licensed practitioners of medicine or surgery selected by and at the expense of the District to assure that applicants are capable of performing the essential functions of the respective position with or without a reasonable accommodation. RULE 7 PR OBATIONARY PERIOD 7.1 PURPOSE AND DURATION OF THE PR OBATIONARY PERIOD Initia l service with the Dis trict 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 A nnointnnent Probation A minimum of six (6) months of service following original appointment under the prov isions of these Rules shall constitute an original a pp ointment probationary perio d. During this peri od, an emplo yee 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 Follo wing 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 po sition to which he/she has been promoted . c. Probation Following Demotion A minimum of six (6) months of service in a lower p ositi on to which an employee has been demoted (either v oluntarily or inv oluntarily) shall constitute a demo tion probationary period, except that if the employee is demoted to a position in the same general class as the position held immediately prior to demotion, the appo inting a uthority may waive the probationary period follo wing demotion. d. Pro ba tion Following Transfer An employee who requests a transfer and is selected from an eligibility list shall be required to serve a minimum of a six (6) month probati onary 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 peri od in the new position. P Probation Following Reinstatement An emplo yee reinstated to a classified position in accordance with Rule 6.2 g. shall no t be required to serve a probationary period if reinstated to a position for which a probatio nary period has been successfully completed. 7.2 COMPUTA TIO N OF THE PROBATIONARY PERIOD a. Computation of the probationa ry period may include up to three (3 nor s of provisional or temporary service in the job title inunecliately prior to original pointment to that job Hie and vwithout break, in ser vice in __. - j b title . j b. Computation of the probationary period shall include all probationary service in the job title of an employee who was laid off during his/her probationary period and subsequently recalled or restored to the same job title. c. Computation of the probationary period shall include all probationary service in the job title of an employee who while serving his/her probation ary period, displaced another in lieu of layoff and was restored. 7. 3 EMPLOYEE EVALU ATION DU RING PROBATI ON 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 emplo yee performance appraisal be conducted at least within three (3) months and again prio r to the ex piration of the probationary period . 7.4 REMOVAL DURING PROBATIONARY PERIOD During any probationary period, an ap p ointing 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 no t warrant his/her continuance in the District service or in the posit on. An employee has no right of a ppeal to the Commission from the decision to remove him/her. 7.5 RETEN TION OF EMPLOYEE AFTER PROBATI ON An employee shall automatically pass the probationary period, unless the appointing authority ha s notified the Director of Human Resources, prior to expiratio n 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 positi on after e xpirati on of the probationary per io d; or That the appointing authority has given written notification to the employee that the probationary perio d has been e xtended for a specified period (not to exceed six (6) months), setting forth in detail the traits or skills which need improvement. 7. 6 FOLLOWING REMOVA L DURING PROMOTIONAL OR TR ANSFER NSFER PROBA TIONARY PERIOD An employee who does no t successfully c omplete a promotional or transfer probationary period shall be placed as follows: a. In an existing v acancy Ln the job title in the department occupied immediately prior to the start of his/ her promotional or tr ansfer probatio perioci. b. If no vacancy exists as described in subparagraph a. ab ove, to vacant classified position in the same pay grade f or which the empl oyee is deemed qualified. c. If no vacancy exists as described in subp aragraphs a. and b. above, the emplo yee shall temporarily perform duties of a position for which the employee is qualified until an appropriate v acancy is avail able, for a period not to exceed si x (6) mo nths. 7.7 FOLLOWING REMOVA L DURING DEMOTI ONAL PROBATION ARY PET OED An employee who does not successfully complete a dem otion al prob ationar shall be placed as follows: a. In any vacant classified positi on in the same pay grade as the position held immediately after the demotion for which the employee is deemed qualified . If no vacancy exists as described in subparagraph a. above, the empl oyee 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 PRO BATION The serving of a probationa ry period shall not of itself prevent an en - promoted romoted to a s if_ed ptvsi tor: in a rig zer job title, provided Cei being om an appropriate list. The p ro ba tionary period of the position to which he/she is promo ted shall be as pro vided in Rules 7.1 and 7 .2 . RULE 8 EMPLOYEE CONDUCT A ND REL ATIONS 8.1 DISCRIMINA TIO N AND FAVORITISM PROHIBITED No person in the cla ssified service, or seeking admission thereto, shall be appointed on any basis or for any reason other than qualificati ons, merit and fitness. No person sh all be dismissed, demoted or suspended with out just cause; or bec ause of race, age, se x, creed, color or disability unrelated to performance of the p osition; or because of his/her political, religious or unio n affiliati ons, except affiliations with any group or organization which seeks or advocates the overthrow of the government of the United States by force or v iolence. PO LITICA L ACTIVITIES a. Political Contributions No employee in the classified service shall directl y or indirectly solicit, receive, or be in any manner concerned in soliciting or receiving any assessment, subscription, or contribution (defined as including money, propert y or other items of v alue) for any political party, club or organization, or any political purpose whatso ever, nor shall any such employee be required to make any contribution, under any circumstances, for any political purpose. b. Political Speeches and Campainning No employ ee in the classified service shall t ake any part in the management of a y partisan political pa rty or of any partisan election, or acce pt appointment as an officer of a partisan po litical party, club, or organization, or circulate or seek signatures to any petition for nomination to any partis an public office, or act as a worker at the polls unless so ordered by the Board of Election Commissioners, or distribute badges, labels, publicity, or insignia favoring or opposing a candid ate 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 c onstrued to prohibit or prevent anv emplo yee in the classified service from becoming, or c ontinuing to be, a member of a po litical party, club or organization, except affiliations with any group or organization which seeks or advocates the overthrow of the government of the U nited States by force or violence . Nor shall any classified employee of the District be denied attendance at political meetings, from enjoying entire freedom from all interference in c asting his/her vote, or from seeking or accepting appointment or election to public office, provided that no such employee sha ll hold office in any political party, club or organization, and provided further tha t no such employee shall co nduct a campaign for nomination or election to pa rtisan public office unless he/she shall first resign or enter on a leave of absence, as provided by these Rules. d. Partisa n Political Candidacy No employee in the classified service shall become a candid ate for anv elective partisa n public office without first resigning his/her position or obtaining a leave of absence without pay or accrual of vacation leave and other benefits provided by the District prior to making a formal announcement that he/she is seeking nominatio n or election, beginning the solicitation of votes, or filing or otherwise qua lifying 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 termi nated and a resignation submitted . If a candidate, while on such leave of absence, is defeated at such election, he/she may request reinstatement to his/her position . in the classified service provided that a vacancy ex ists. e. Non -Partisan Political Candidacy and Office Upon written determination by an employee's appointing authority and the Ex ecutive D irector 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 authori (ii) the emplo yee performs the activities related to the non-partisan office or candidacy on the employee's own time; (iii) the empl oyee does not put himself/herself forth as a representative of the District (including wearing a District designa ted uniform or District identification) in performing the activities related to the non-partisan office or c andidacy; and (i v) the election or office remains non-partisan. Authority for O pinions on Political Activity When in doubt as to whether a proposed activity is banned as political in nature or could he construed to be a conflict of interest, an empl oyee may seek an opinion from the General Counsel before engaging in such activity. 8. 3 CONFLICTING EMPLO YMENT No emplo yee sha ll 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 emplo yee'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 co mpensation. Prior to receipt of compensati on fr om a source o ther than the D istrict and at any time after request by the empl oyee's appointing authority, the employee shall give his/her appointing authority full information relating to the terms and conditions pertaining to such compensation. If the appointing authority determines the emplo yee is, or would be, in violation of the provisions of this Rule, the appointing authority shall take appropriate action . 8. 4 FINANCIAL INTEREST No classified employee of the District shall have a financial interest, direct or indirect, in any contract with the District, or be financially interested, directly or indirectly, in the sale to or by the District of land, ma terials, supplies, or services, except on behalf of the District as an officer or employee. 8. 5 RELATIVES No person shall be employed in any classified positio n in which he/she works in regula r 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 perso n with whom he/she resides. No pers on shall be employed in any classified position in the Human Resources Department while any member of his/her immediate fa r ly or a person with whom he/she resides is in the emplo y of the District, and no person shall be employed by the District while any member of his/her immediate family or a perso n with whom he/she resides is employed in the District's Human Resources Department. The Executive Director is authorized to determine the appropriate action to accomplish compliance with this secti on . 8. 6 A TTEND ANCE A ND 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 super visor 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 workinsr day s ; thout notice shall, unless he/she is incapable of providing such notice, be considered as having resigned from District service 50 8.7 CHA NGE OF EMPLOYEE IN FORMATION All emplo yees shall notify their supervisors of any changes to required information such as street and mailing address, telephone number, etc. 8.8 MEDICA L EXAMINATION S A ND INQUIRIES The District may require a medical examinati on (and/or inquiry) of an empl oyee which is job related, co nsistent with business necessity and c onsistent with District policies. The District may make inquiries into the ability of an employee to perform j ob -related functions. RULE 9 PERFORMANCE MANAGEMENT 9.1 ESTABLISHMENT OF SYSTEM The Director of Human Resources shall develop a performance management system covering the classified personnel of the District. The Director of Human Resources shall submit recommen dations as to the types and methods of appraisal to the Commission fo r its approval within the standards hereb y established. No system of performance appraisa l shall be established without Commission approval. c2 PURPOSES OF SYSTEM The purposes of the employee performance management system are as follows: a. To provide procedures whereby unif orm methods of evaluating employees are used to improv e the effectiv eness of the work force. b. To strengthen supervisor -employee relationships. c. To record for the employee's benefit th ose areas, which in the judgment of the superv isor, either merit commendation or require impr ovement . d. To assist in establishing eligibility for pay increases. P To evaluate the performance of employees serving provationaryr p eriods. f. To assist in establishing eligibility for promotion . g. To assist in the selection of employees for specialized training. 9.3 FREQU ENCY OF PERFORMANCE APPRAISAL An employee perfo rmance management system shall provide for the frequency of appraisals as follows: a. Performance A ppra isals of Regular Em plo yees The work of classified regular employees shall be appraised at least a nnually, and may be appraised on an interim basis at the discretion of the appointing authority or the Director of Human Res ources . b. Performance Appraisals of Probationary Em plo yees The work of probationary employees shall be appraised at intervals during the probationary period and immediatel y prior to the completion of the probationary period, as defined in Rules 7.1 and 7.2 . c. Performance A ppraisals of Temporary Employees The work of temporary employees may be appraised at the discretion of the appo inting a " ty- or the Director of Human Res urces. AD MINISTRATION 9.4 OF SYSTEM An employee performance management system shall provide for: a. Preparation of such appraisals by supervis ors on the f orm and at the times designated by the D irector of Human Resources. A copy of each such appraisal is to be forwarded to the Director of Human Resources for inclusion in the employee's personnel file. b. Mandatory provisions fo r 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 emplo yee on the appraisal. RULE 10 PERSONNEL FORMS, RECOR DS AND REPORTS 10.1 PERSONN EL FORMS The D irector of Human Resources shall prescribe personnel forms for m aintenance of employee records and shall inform all department heads which personnel transactions must be reported. 10.2 PERSONNEL RECORD S The Director of Human Resources shall be responsible for the maintenance of all personnel records and for records associated with the administration of the merit system. a. Examination Records The Director of Human Resources shall establish a records disposal plan for all types of examination records, applications and test materials . The plan shall stipulate optimum retention periods for the various types of records, so that the interests of the District and the rights of applicants and employees shall be preserved consistent with applicable local, state and federal regulati ons b. Department Personnel Records and Reports Each depa rtment shall maintain and promptly provide to Human Resources all employee records in such form and content as shall be specified by the Director an R esources after consultation with department directors. �a c. Director of Horn>an Resources Records and Reports The Director of Human Resources shall prepare and maintain records for each employee, which include, but are n ot limited to, an employee's personal information, job histo ry, sa lary hist ory, annu al leave accrual, and any other pertinent data. At least annually, the Direct or 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 jurisdicti on of the Co mmission. e. Availability of Personnel Records The Directo r 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, corresp ondence and other materials in connection with and related to investigation c onducted under these Rules; and medical records and examination materials, including test questions, data and examination papers and records relating to competitive e xaminations conducted and held by the Director of Human Resources. RULE 11 LAYO FF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION SENIORITY Every regular employee shall have seniority of employment in the classified service except as otherwise provided in these Rules. 11. 2 LAYO FF a. When Permitted An appointing authority, with Executive Director approval and upon notification to the D irector of Human Resources, may lay off an emplo yee 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 app ointing authority sh all 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 1 prior to any regul ar employee ng laid off from a 'osition in the general cl ass of the temp orary, and provisional employee. Regular empl oyees shall be laid off according to seniority, with the most recently appointed employee to be laid off first. With respect to la yoff, restoration and recall, "seniority" means status attained by an employee as a result of continuous service. Co mputation of seniority shall not include time worked in excess of the employee's regular work schedule. If two or more employees have the same seniority, the employee with the earliest application receipt date shall be deemed the senior emplo yee . If employees have the same seniority and the same application receipt date, the Human Resources Department shall use a lottery system to determine the relative seniority between those employees. The layoff procedure shall be by job titles within a dep artment. c. Notice of Layoff A fter consulting with the Director of Human Res ources, the appointing authority shall give fourteen (14) days advance written notice of l ayoff to the Director of H uman Reso urces and the employee, and shall certify therein that the layoff is for reasons no t reflecting discredit on the empl oyee . d. Position After Layoff An employee laid o ff while occupying a p osition obtained thr ough recall, displacement or restoration shall be deemed to have been laid off fr om the position held immediately prior to the earliest layoff or displacement. 11.3 DISPLACEMENT a. Procedure An employee who is to be laid off m ay displace the least seni or employee in his/her own department serving in the same job title. If an empl oyee wh o is to be laid off cannot displace another employee in his/her own department serving in the same job title , he/she may displace the least senior employee in the ne xt lower job title in the same general class in his/her department in which there is an employee less senior than the employee. If all ,displacement rights within his/her own department have been e xhausted, an employee who is to be laid off may displace the least senior empl oyee in the same j ob title inn the District who ha s less senio rity than the employee or if still unable to displace, an employee who is to be laid off may displace the least senior employee in the ne xt lower job title in the sa me general class in the District; provided, however, that if the displacing employee had one or more potential displacement opportunities in his/her own department but lacked the seniority to achieve the displacement, then he/she shall not be pla ced in another department in any job title higher than the lowest job title for which there w as a p otential displacement opportunity in the employee's or igi n al d- martment -c) b. Failure to Meet Qualifications or Requirements If it is deemed by the Human Res ources 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 Ln 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) da ys after displacement, the a ppointing 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. Pro cedure The District will make all reasonable efforts to restore those employees wh o displaced other employees to their original classification if the District determines that the circumstances which caused the displacement no longer exist. The District will give displacing employees priori b seniority, over other displacing employees in accordance with Rules 5 and 6. The District will 60 giv e priority to displacing employees over employees on the recall list in accordance with Rules 5 and 6. The District will make all reasonable efforts to place a laid off emplo yee in the original classification previously held by that employee if the District determines that the circumstances which caused the lay off no longer exist. The D istrict will give recalled employees pri ority, by seni ority, in accordance with the prov isions of Rules 5 and 6. b. Ev aluation After Recall Within six ty (60) da ys after recalling an employee to any position other than the position held by the employ ee immediately before any displacement or la yoff, the appointing autho rity may evaluate the performance of the empl oyee, and if the employee fails to successfully perform the duties of the p osition, the employee will be laid off from the emplo yee's position held immediately prior to any displa cement or layoff. c. Evaluation After Restoration Within sixty (60) days after being restored to any position, other than the position held by the emplo yee immediately before any displacement or lay off, the appointi authority may evaluate the performance of the empl oyee and, if an employee fails to successfully perform the d uties of the position, the employ ee shall be placed in the job title occupied immediately prior to the restoranon or in any lower L� his/her general class for ch the employee is qualified. The employee's salary shall be the same as the salary received immediately prior to restoration . The employee may be assigned temporary duties as the appointing authority directs . 11. 5 DISA BILITY An employee may be separated from the District service for disability when he/she cannot perform the essential job functions with a reasonable accommodation or when the accommodation would impose an undue hardship on the operation of the business of the District. 11.6 D ISCIPLINARY ACTIO N All District employees will be subject to disciplinary action as provided for by District policies and these Rules. a. Types of Disciplina ry Action 1. Rep rimand An appointing authority or his/her designee may issue an oral or written reprimand to an employee for disciplinary reasons . The appointing authority or his/her designee shall report any written reprimand, and should make a record of any oral reprimand as part of the employee's service record by forwarding a written memorandum to the Director of Human Resources for inclusion in the employee's file and provide a copy of the memorandum to the employee. The document should describe the occurrence(s) and summarize the action taken or recommended to correct the sit is ion. 62 Suspension An appointing authority may suspend an employee with or with out pay for disciplinary rea so ns. Such suspensions shall not exceed ten (10) working days for o ne offense. Receipt of suspensions totaling more than thirty (30) working clays in any twelve (12) successive months sh all be deemed a dismissal. 3. Demotion An appointing authority may demote an employee to a p ositi on 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 pules. b. Reasons For Which Disciplinary Action May Be Taken The following reasons shall constitute sufficient cause for disciplinary action, although such a ction may be based upon reasons other than those enumerated. Willful violatio n of the provisions of the Charter, these Rules, or policies of the District. Failure to perform assigned functions and duties in a timely, efficient and competent manner. 3. Failure to a ttain or maintain required levels of training, knowledge and skill, and all required licenses. 4. The employee has been careless or negligent in the use or care of District property or has, without authorization, used or allowed the use of • District property for personal benefit or the benefit of others . 5. Conduct which interferes with the efficient operation of a department including, but not limited to, the following: e xcessive absenteeism and/ or tardiness; leaving the job without permission; sleeping or loitering while on duty; failure to report absences. 6. Refusal to perform a reasonable amount of overtime when directed to do so by a proper supervisor. 7. Failure of an employee on stand-by duty to be available for and/or respond to a call for emergency duty. 8. A busiv e or offensive conduct or language toward fellow employees, supervisors, or :T, g or h ors' while on duty . 9. Unauthoriz ed po ssession of a weap on on District property or while on duty. 10. Theft, attempted theft, or unauthorized removal of District property, or property of fellow employees . 11. In acco rdance with the Substance Abuse Policy, having alcohol in one's sy stem in excess of the levels prescribed in the District's Substance Abuse Po licy when reporting for duty, on duty or on District premises; possessio n of opened container(s) of alcohol while on District property or while on duty is pro hibited . Having sealed container(s) of alcohol on District premises must h ave permission from a supervisor and are prohibited in District vehicles at any Erne . 12. In accordance with the Substance Abuse Policy, the unlawful manufacture, use, possession, distribution, sale or offering for sale of any drug no t legally obtainable or not legally obt ained or used while on duty or on District property or h aving such drugs in one's system while on duty. 13. Criminal, dishonest, scandalous or disc,racefuh conduct on or off duty where such conduct reflects unfavorably upon the District. 14. Violation of any reasonable offici al order; failure to carr y out or willful refusal to o bey any lawful and reas on able directions m ade and given by a proper superviso r; insub ordinati on; vi olation of any departmental or D istrict policy. 15. Falsification of District records, documents, reports, time cards or work schedules; or falsification of materi al fact in application f or employment or in examinatio n. 16. If any employee shall willfully refuse to testif y or answer any questions relative to the matter being heard by the Commission on any grounds, or knowingly gives false testimony, he/she shall be dismissed from the classified sei ice. 17. Violatio n of other reasonable rules or regulations g overning conduct which may be promulgated by the District. c. General Provisions 1. Nothing in this section shall be construed to supplant or in any wa y affect any prosecution that may be initiated under any other provision of public law relating to the nonfe asance, malfeasance, or misfeasance of public officers. 7 Disciplina ry a ctio n shall be determined by the Execu irect or, the • appointing authority or Director of Human Resources . Such action shall be commensurate with the offense. 11.7 NO TIFICATION OF SEPARA TIO N AND DISCIPLIN ARY ACTION A regular employee in the classified service wh o sh all be disch arged, 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 R esources. RULE 12 CLASSIFICATION PLAN 12.1 EXISTING PLAN RESERVED The adoption of these Rules shall not repeal the existing classification pl an, which w as adopted under Rules hereby superseded . Proposed amendments to any existing classification plan, when approved by the Commission, shall be submitted to the Board a nd shall become effective upon the effective date of the ordinance authorizing the a mendment. 12.2 A DMINISTRATION OF CLASSIFICATION PLAN a. A llocation of Positions The Director of Human Resources shall all ocate each positio n in the classified service to its appropriate job title, placing in each such j ob title those positions which are substa ntially 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 perform ance and placement within the established salary range for the job title. In making such allo cations, he/she shall provide for the unif orm applic ation of the classification plan to positions under different appointing authorities. b. Establishment of Positio ns The request for a new classified positi on shall be initiated by the appointing autho rity in the manner and on the form specified by the Director of Human Resources. No person sha ll 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 appro priate job title and the Director of Finance has certified as to fund availability. c. Reallocation of Positions Whenever the Director of Human Resources finds that a classified position has been improperly allo cated or reallocated or that the duties of an existing classified position are so cha nged that the position in effect has become one of a differen t job title from tha t to which it is allocated, the Director of Hun an R esources shall allocate or reallocate the position to the appr opriate job title . Such allocation or reallocation shall operate to abolish the existing position and to create a new positio n of the appropriate job title. d. Status of Incumbent When Po sition is Reallocated An employee who is o ccupying a classified p osition which is reallocated to a different job title shall continue in the position, e xcept, that in any case in which a classified position is reallocated to a higher pay grade, the incumbent of such position ma y attain regu lar status in the job title only if he/she achieves a satisfactory grade on a g aiif ying e xamination of fitness for the job title to which his/her position was re'alocated . If a reallocation results in t he assignment of a classified position to a job title in an equal or lower pay grade , the incumbent may continue to hold the position if he/she meets the minimum requirements for the new job title . e. Review of Allocation and Reallocation If an employee or appointing authority believes that a classified position has been improperly allocated or reallocated, that there is a need for a new job title, or that the duties of an existing classified position are so significantly changed that the position in effect has become one of a different job title, and that the duties have been performed for at least one year, he/she ma y ask that the Director of Human Resources review the classified p osition . 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 DESCRIPTIO NS AND CLASSIFIC ATION a. Contents of Job Descriptions The D irector of H uman Resources shall prepare and maintain current written jo b descriptions for all job titles in the classification pl an. Each of the job descriptions sha ll include: the job title code; the designation of the general class into which the job title falls; the job title; a general st atement of the main characteristics of th e job title; typical examples of duties of positi ons in the job title; minimum qualificatio n and requirements in terms of tr aining, experience, knowledge, skill, ability and applicable licenses. b. Interpretation of Job Descriptions The statements in the job descriptions shall be descriptive and definitive of the nature of the wo rk. 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 emplo yees under his/her supervision . The use of a p articular expression or illustration in describing the duties shall not be held to exclude other tasks not mentioned that are of similar kind, level or scope, nor shall any specific omission necessarily mean that such factor is not included. All job descriptions shall be interpreted so as to allow incidental performance of duties of similar job titles of an equal or lower pay grade and to permit, on an occasional or incidental basis, the supervision of a small number of employees of a lower p ay grade. c. Use of Job Description s in A llocation and Reallocation In determining the job title to which a classified position should be all ocated or reallocated, the description of such job title shall be considered in its entirety and in relation to the descriptions of other job titles in the classificati on plan. d. Use of Minimum Qualifications Statements The minimum qualificatio n statements in each job descriptions establish minimum standards which must be met by any individual before he/she ma x be considered fo anv a the cl assified service . Common alternative combinations of education, training, or e xperience m ay be c onsidered qualifying if deemed equivalent by the Direct or of Human Resources. In addition to the qualification requirements enumerated in the job descriptions, all job titles shall be deemed to require a bility to perform the essential j ob functions (with or without reasonable accommodation) for the position being considered. 12.4 USE OF STANDA RD PROCEDURE OF JOB ANALYSIS A standard procedure of job analysis accepted and approved by the Commission shall be used to determine the job title of each classified position. Should a subsequent procedure be adopted with the approval of the Commission, such new procedure must be applied to all positions in the classified service. The intent of this provision is to assure that all classified positions shall be assigned to job titles through the use cf identical criteria. 12. USE OF JOB TITLES AND CODES Job titles and/o r 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 •ositi on has been approved and properly allocated to a job title established under these Rules . 12.6 MAINTENA NCE OF CLA SSIFICATION PLAN The Director of I uman Resources shall ascertain at the time of establishment cr modification of a classified position, and periodically for all classified po tions, the duties, auth and reSp;;,si it t`+; of the po '` _ rougn "osi.ion an al ysis consultation with the appointing authority or his/her designees}, and, as necessary, with the incumbents of positions under analysis . RULE 13 COMPENSATION PLAN 13.1 COMPENSATION PLAN The compensation of all classified employees shall be°established within the s alary ranges of the appropriate pay grades prescribed by ordinance for the respecti ve 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 Co -mission and the Board of Trustees, taking into consideration wages and working conditi ons offered by comparable employers operating within the District. 13.2 BA SIS OF PA Y RATES a, Compensation of Full -Time Employees All classified regular and pr obation ary full-time employees shall be paid biweekly or hourly rates within the sal ary 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. Compensatio n of Temp orary Employees Temporary appointees shall be paid for the number of h ours worked at the hourly rates equivalent 'o the pay grade of the salary range specified for their respective titles. The man Resources, after c onfer_i?L with the app trng autho rs y, shall determine the appropriate rate within the pay gi ade. 1. Hourly and Daily Rates of Temporar y Em plo yees On certification by an appointing authority that the permane nt employment of certain employees under his/her jurisdiction is not feasible because of the temporary or intermittent nature of the work, or because of the nature of the duties of the position, the Executive Director may authorize the pa yment of hourly, daily or per performance rates for the positions occupied by the employees c oncerned. Such employees shall not be entitled to take leave and other benefits granted regular employees. Such employees shall, in the absence of n otice 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 disc ontinued for reasons beyond the control of the employee before one -h ad (?%a) workday is 1 completed; and eight (8) hours if work is started but discontinued for reasons beyond the control of the employees after one-half (1) workday is completed. 13.3 PAYMENT OF COMPENSATION All compensation for positions in the cl assified service shall be paid biweekly. Salary adjustments resulting from step or merit increases, promotions, demotions, reallocations, displacements and restoratio ns shall effectiveb become Ctl'v at the beg, ling of the pay period during -1 the act ion becomes effective. in the event that an employee J is separated from the District, is laid off or h as been employed for temporary or emergency work, the Director of Human Res ources may auth ori ze that the empl oyee be paid upon separation, layoff or cessation of temp orary or emergency work without waiting for the regular biweekly pay date of the District. 13.4 ENTRA NCE PA Y RA TES a. Starting Rate on Initial Employment Original appointment to any cl assified p osition within the B Schedule shall normally be made at the entrance r ate of the s alary r ange . Original appointment to any classified position within the A or C Schedules shall n ormally be made within the first quartile of the salary range. Howe ver, up on recommendation of the appoin ting authority and the Director of Human Resources, and with appro val of the Executive Director, original appointment may be made at a higher rate if the appointee has exceptional qualifications, or qualified candidates are not available at the entrance rate or within the first quartile . All incumbents of the job title inv olved who are equally qualified and are receiving a lower rate shall have their rates increased to the rate established for the new employee. b. Starting Rate on Reinstatemen An employee reinstated to the same job title, except one returning from militar - leave, may be paid a rate in the sal ary range corresponding to the relati ve level at ai ned within the salary range at the time of his/her resignation, retirement, dismissal, special leave or acceptance of an u nciassifie the tnic Y.. `iss«r� c. Starting Rate on Return from Military Leave An employee reinstated fro m military lea ve to a classified positi on previously held, or to a similar classified position at the same grade, shall be p aid at the rate within the salary range to which he/she would normally have b een advanced had he/she not been placed on military leave. d. Starting Rate of Displacing Employees If an employee displaces ano ther employee in a l ower j ob title, the empl oyee's pay rate shall be adjusted as follows: Pay Schedule B Employees in Pay Schedu le B who are displaced to a position in a lower job title shall receive the highest rate of pay in the lower salary range which is less than their rate immediately prior to displacement. Pay Schedules A and C Employees in Pay Schedules A and C who are displaced to a position in a lower job title shall have their salary reduced to the lower of the following rates: (1) 95% of the employee's salary immediately prior to displacement; or (2) the highest rate which does not exceed the top of the range for the position to which the employee is being displaced. e. Starting Rate on Restoration 1. Original Position - When an employee is restored to the position he/she occupied immediately prior to displacement or layoff, his/her pay rate shall equal the following amount: For Schedule B Employees The rate of the grade and step occupied by the employee immediately prior to displacement or layoff . For Schedules A and C Em pl oyees The employee's salary rate immediately pri or to displacement or l ayoff plus all Board appro ved wage adjustments, if any, c alculated with respect to the employee's rate immediately prior to displacement. Position Lower Than Original Position When an employee is restored to a position lower than his/her position immediately prio r 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 liately prior t or la For Schedules A and C Employees The highest rate for the p osition to which the empl oyee was restored provided, however, that said rate does not exceed 95% of the employee's salary immediately prior to displacement or layoff as adjusted by Board approved wage adjustments, if any. f. Starting Rate on Reca ll 1. Original Position When an emplo yee is recalled to his/her position occupied immediately prior to layoff, his/her pay rate shall equal the following: For Schedule B Employees The rate of the grade and step occupied by the employee immediately prio r to displacement or lay off. For Schedules A and C Employees The employee's salary rate immediately prior to l ayoff plus all Board approved wage adjustments, if any, calculated with respect to the employee's salary rate immediately prior to displacement or layoff. Position Lower Than Original Position When an employee is recalled to a position lower than his/her position immediately prio r to layo```, his/her pa y rate shall eq ual the following: For Schedule B Employees The rate for the highest grade and step f or the position to which the employee is recalled which is less than the employee's grade and step immediately prior to displacement or layoff . For Schedules A and C Empl oyees The highest salary in the salary range of the p osition to which the employee is recalled, provided that such salary d oes n ot exceed 95% of the employee's rate immediately prior to displacement or layoff as adjusted by Board approved wage adjustments, if any. Starting Rate on Promo t The starting rate upon promoti on shall be as f ollows: 1. An employee promoted to a cl assified p osition 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 recei ved immediately pri or to promotion. An employee promoted to a classified position in Pay Schedules A and C shall be placed in a rate in the higher salary range which will pr ovide the emplo yee with an increase of at least 5% over the rate received immediately prior to promotion. h. Rate of Pay on Transfer or Reassign - ~gent An employee assigned to a classified position not pre viously held, when such change is not a promotion or demotion, sh all receive the s ame rate in the salary range as he/she had receiv ed in the previous classified position. Rate of Pay on Demotion An employee who is demoted to a classified position will receive any rate in the lower sala ry range, designated by the appointing authority Rate of Pay Following Unsuccessful Promotional Prob ation ar y Period An employee who does not successfull y complete the probationary period following a promo tion, and who is returned to his/her f ormer 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 st art of the pr omotional probationary period plus all Board approved wage adjustments. k. Rate of Pay on Reallo cation 1. An employee occupying a classified position which is reallocated to a job title in a salary ra nge which has a higher maximum r ate shall receive a salary adjustment in accordance with Rule 13.4 g. In the event of the reallocation of a classified position to a job title in a sa lary range which has a lower maximum rate, the affected empl oyee's rate of pay shall not he reduced. However, it the emplo yee's rate of pay is greater than the maximum rate for the job title to which the position h as been reallocated, the employee shall not be entitled to any s alary increase until the maximum rate of the job title exceeds the empl oyee's rate of pay. 3. Reallocation of a classified position from one job title to another j ob title with the same maximum rate shall not affect the r ate received by the employee. 13.5 WORK ING H OURS a. Regular Working Ho urs The Ex ecutive Directo r shall prepare a schedule of n ormal working hours per week for each position in the District which, when appr oved by the Commission, shall constitute the n ormal 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 tha n eight (8) hours per day, and the normal work week shall be five (5) days per week unless other arrangements are submitted by DeparLi Lent heads and agreed to by the Executive Direct or and the incumbents involved. Department heads shall arrange the time f or reporting to w ork, for lunch breaks, and for quitting work of the employees under their supervisi on so that the employees shall be actually engaged on duty for not less that the minimum number of ho urs required. b. Overtime Department heads may prescribe reason able periods of overtime work to meet o peratio nal needs. Such overtime work shall be auth ori zed only when abs olutely 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, ov ertime sha ll be distributed equally among those employees in the department, or other o rga nizational unit, qualified to perform the work required . Refusal to perform a rea so na ble am ount of overtime when directed to do so by a proper supervisor shall subject the employee to appropriate disciplinary acti on including possible dismissal. c. Eligibility for Overtime Compensation Classified employees in job titles allocated to Pay Schedules A and B, shall be eligible to be paid for authorized overtime work. Classified empl oyees in job titles allocated to Pay Schedule C shall not be entitled to be paid for overtime work, unless so designated by District ordinance. d. Eligibility fo r Compensatory Time Classified employees in job titles allocated to Pay Schedule C shall n ot be entitled to be paid for o vertime work, unless so designated by District ordinance, but may be granted compensatory time off 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 co mpensable overtime work. f. Compensa tion for Overtime Work Employees assigned to classified positions in job titles allocated to Pa y Schedules A and B, and those employees in job titles allocated to Pay Schedule C which are designated eligible for o vertime compensation by District ordinance, shall be paid one and one-half (11,2) their regular rates of pay for all authorized work performed in e xcess 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. �. Reporting of Overtime Work Each department head shall maintain departmental records of all authorized overtime work. h. Ca ll -Back Pay Classified employees in Pay Schedules A and B and classified employees in Schedule C designated eligible for overtime pay who are called back to perform work or render services outside their regular working hours shall, for each occurrence, be paid a minimum sum equal to compensation for four hours at the appropriate rate. to loyees are not end I o call back pav for any work perfo rmed during co ntinuous periods c ontiguous with the employee's regular wo rking hours. Meals shall not constitute an interruption of a contiguous peri od. Stand-by Pay Employees may be placed on a stand-by basis to provide services during emergencies. Such stand-by duties shall c onsist of all off duty hours between 8:00 a.m. Tuesday 'and 8:00 a.m. the foll owing Tuesday. Employees in Pay Schedules A and B so assigned shall be compensated for such assignment in the amount of their regular number of hours for one (1) day at their reg ular rates of pay f or the stand-by period. Work actually performed during such stand-by assignments shall be compensated as provided in I3 .ule 13 .5 e. and f. above. Should an employee assigned to stand-by not be available when called for emergency duty , he/she sha ll forfeit stand-by pay for the entire period and, should such failure be repeated, be subject to appropriate disciplinary action including possible dismissal. 13.6 HO LIDA YS a. List of Holiday s The District shall o bserve the following paid holidays: New Year's D ay January 1 Martin Luther King's Birthday Third Monday in January Presidents' Day Third Monday in February Memorial Day Last M onday in May Independence Day July 4 Labor Day First Monday in September Veterans' Day As Designated by Missouri's Governor Thanksgiv ing Day As Designated by U .S. President Tha nksgiving Friday The Friday following Thanksgiving Day ChristuLas D ay December 25 Special Holidays Other days design ated by the E xecutive Director and approved by the board of trustees. Personal Holidays In additio n to the holidays specified in a. above, employees who have successfully completed their original probati onary peri od will receive two (2) paid personal holidays each calendar year . Such employees may also receive up to two (2) additional holidays if such holidays are authorized by the provisions relating to control of sick leave in the District's Sick Lea ve Polic y. Personal holidays must be taken in increments of whole days, must be sche duled and 86 approved in advance by the ap authori ty, and must be used within the calendar year in which sa id personal holidays accrue. Regular employees who separate or are l aid off from District service shall be paid for unused accumulated perso nal holidays; except that if an employee dies while still actively employed by the District, his/her heirs shall be paid for all unused accumulated personal holidays at the time of death. c. Holiday Observance H olidays listed in a. abo ve which fall on Sunday shall be observed on the following Monday and tho se which fall on Saturday shall be observed on the preceding Friday, unless other arrangements are approved by the E xecutive Director. d. Compensation for Observance of a Holida y A ll eligible classified employees shall receive their regular compensation for the date of the holiday observance. Any employee absent without authorized lea ve with pay on one (1) or both scheduled workdays immediately preceding and following the holiday observance date shall not be compensated for the h olida y. 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 fo r Work Performed on Holid ays Classified emplo yees Ln job titles allocated to Pay Schedules A and B, and th ose employees in job titles allocated to Pay Schedule C which are designated eligible fo r o vertime compensation pursuant to Rule 13.5 c., who are required to work on a holida y which falls on the employee's regularly scheduled work day shall receiv e holiday pay, and in addition, shall be paid one and one-half (1 1/2) times their regular ra tes of pay for the time worked. Holida y hours paid shall be credited towa rd da ily and weekly overtime eligibility requirements. 13.7 MAINTENANCE OF CO MPENSATION PL AN 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 gr ades of all or specified job titles, and changes in the fringe benefits provided by the D istrict. In addition, the Director of Hai , an Res ources 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 p ositions of the l b t ie, the minimum civa__fications necessary for successful performance of the duties SS ofthej itle, and a ll o ther facto rs involved in the standard procedure of job evaluation approved by the Corn ission. RULE 14 LEAVES OF ABSENCES 14. 1 VACA TION 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 impr actic able and undesirable, such v acation leave may be withheld at the discreti on of the appointing authority. Vaca tion leave so withheld may accrue to the employee's credit during the calenda r year following the calendar year during which the vacation leave w as withheld notwithstanding the ma ximum accumulation provision hereunder. Vacation Preference Employees v 1 greater co ntinuous service sh all, within their cl assification and departmental work locatio ns, normally have first choice for selecting vacation time. Computation of Vaca tion Leave An employee's vacation leave shall be computed on the basis of his/her continuous service. 90 1. Ree-ular Employ ees Regular full-time employees in the classified service shall accrue vacation in acco rdance with the f ollowing chart: Length of Co ntinuous Service Less than 5 years 5 but less than 10 years 10 but less than 20 years 20 or mo re years Maximum Accumulation Monthly Rate Annual End of of Accrual Accrual Calend ar Year . 833 days 10 days 30 days 1. 250 days 15 d ays 35 days 1. 666 days 20 d ays 40 days 2.083 days 25 days 45 days An employee is not entitled to the benefit of accrued vacation until the employee satisfacto rily completes their original prob ationary period . An emplo yee may not use vacation time during the original probationary period and an employee terminated pri or to c ompletion of their original probationar y period is not entitled to compensation for accrued vacation. Temporary Emplo yees Employees appointed on a temporary, emergency, pr ovisional, hourly or clay rate basis shall not be eligible for vacation be nefits. d. Vacation Leave Accrual D uring 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 vacatio n leave while in the armed service for a period not to exceed one (1) ye ar provided they return to the District service in accordance with Rule 14.6 and continue in the service of the District f or a period of not less than si x (6) months thereafter. To be eligible fo r such accrued v acation leave, an employee must first hav e successfully completed his/her original probationary period as specified in Rules 7.1 and 7. 2. e. Restrictions on Granting of Vacati on Leave Employees must schedule and obtain approval in advance for all vacation leave. 1. Regularly Scheduled Vacation Leave Employees must submit vacation leave requests no later than the close of the employee's workday immedi ately 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 gr anted in increments of one-half (ilz) workday or full workdays . Emergency Vacation Leave The appointing authorit y may grant emergency vacation leave not to exceed thirty-two (32) hours for employees eligible for shift differential, and twee; nwo and one-half (22-1/2) hours or twenty f our (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 sh all be granted in increments of o ne -hall (1/2) workday or full workdays. 3. H ourly Increment Vacation Leave The appointing authority may grant requests f or hourly increment v acation leave. Such requests are contingent upon operational and scheduling needs, and if a department, division, office or any other organizational unit is adversely affected by the excessive use of such hourly increment vacation leave, request for vacation leave of less than one-half (1/2) workday may be denied . In order that hourly increment vacation leave is not used to av oid tardiness, an employee must be present at work to request hourly increment v acation lea ve. Said request must be ma de in person to the proper authority. Employees cannot call from a remo te location to request hourly increment vacati on leave at the beginning of a wo rkda y. 4. Vacation Leav e to Supplement Workers' C om pensation Benefit The appointing authority may grant vacation lea ve 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 empl oyee working in a revised schedule (pursuant to Rule 13 .5) in order to supplement other paid leave. 5. Vacation Leav e Upon Exhaustion of Accrued Sick Leave When an emplo yee 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. Pay ment for Unused Vacation Leave Regular employees who separate or are laid off from the District service shall be paid for u nused accumulated vacati on leave, not to exceed the maximum accumula tion of vacation leave allowed by Rule 14.1 c., except th at if an employee dies while still actively employed by the District, his/her heirs shall be paid for all unused accumulated vacation at the time of death . Transfer of U nused Vacation Leave Cla ssified employees who change positions, without a break in continuous service, shall carry their accrued vacation credit to their new position . 14.2 EDUCATIO NAL LEAVE (1) An employee may, with horny approval, be granted time off from his/her duties with full or partial compens ation for a period not to exceed five rkday s to attend conferences, meetings, institates, or special c ourses, 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, fo r tuition, books, fees, transportation and other related educational ex penses. (2) Leave for educational purposes in e xcess of five (5) workdays may be granted with the prior written approval of the Executive Director. 14.3 SICK LEAVE a, Granting of Sick Lea ve With Pay Classified emplo yees 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 auth ority . b. Exclusions from Sick Leave With Pa y The fo llo wing shall be excluded from sick leave with pay: 1. Employees serving on temporary or emergency app ointments. 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. Employees incapacitated as a result of working on another lob. 5. Emplo yees who have f ailed to n otify their immediate supervisors as required in Rule 8.6. c. Contro l of Sick Leav e With Pay Each appointing autho rity shall institute procedures to prevent abuse of the sick leave privilege, and to insure equality of treatment for all employees, within the guidelin es of the established sick leave policy of the District. d. Absence Due to Illness in Employee's Household The appointing authority may grant sick leave to an employee for the purpose of caring for a relativ e who resides in the employee's household if such care is necessary, and if no reasonable alternative care is available. Such sick leave shall not exceed one (1) day per occurrence. 14.4 INJURY ON THE JOB Employees who suffer personal injury or unusual sickness arising out of and in the regular course of their employment while in or about the premises where their duties are being performed, or where their presence is required as a part of their service, shall during periods of service -connected dis ability caused by such injury or sickness, be granted benefits as set forth in the Workers' Compensation Law of the St ate of Missouri. 96 14. 5 MILITARY SERVICE/RESERVE LEAVE a. With Pay Upon timely submission of competent orders, all empl oyees who are members of the national guard or any reserve component of the armed forces of the United States shall be granted leave with pay, and with out loss of any rights or benefits to which otherwise entitled for all periods of military service during which they a re engaged in the performance of duty or training in service of the State of Missouri at the call of the Governor and as ordered by the adjutant general without regard to length of time, and for all peri ods of military service during which they a re engaged in the performance of duty in the service of the United States under competent orders for a period not to exceed a total of fifteen (15) workdays in any Federal fiscal year. N ote: The Federal fiscal year runs from October 1 to September 30. b. Witho ut Pay Upon timely submission of competent orders, all employees who are members of the National G uard or any reserve component of the Armed Forces of the United States and who are engaged in the perf ormance of duty in service of the United States under competent o rders for an extended or indefinite period of time shall be granted leave without pay until such military service is completed with out loss of position, seniority, accumulated lea ve, impairment of performance appraisal, pay status, work schedule (including shift, working days and d ays off assigned at the time the leave commenced) and any other right or benefit to 97 which the emplo yee is entitled and no retirement benefit shall he diminished s�.ah 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 ex aminatio n during his/her regularly scheduled w orking hours, such absence shall be considered sick leave. 14. 6 MIILITARY LEAVE A FTER SERVICE A regular or probationary employee inducted into the Armed Forces of the United States for training and service who leaves a position with the District for the purpose of performing such training and service shall be granted militar y lea ve of absence without pa y 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 fo r re-employment within the period of leave described ab ove, 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 p osition he/she occupied at the time his/her military leave commenced or to a positi on of like seniority, status and pay. 98 (2) Ty O p pm r yee is not qualified for suc or not able to become qualified with reasonable efforts of the District, by reason of service incurred disability, but is qualified to perform the duties of another classified position in the District service, he/she shall be reinstated to such other position as will provide like seniority, status and pay, or the nearest appro ximati on thereof. If the job title or classified position to which the employee has reinstatement rights ha s 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 p ay. If no such vacant position exists, a vacancy shall be created -- if necessary by demotion or layoff of another employee in acco rdance with these Rules . (4) Failure of the employee to apply for reinstatement within the time specified in this Sectio n 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 BEREA VEMENT LEAVE When a death occurs within an employee's immediate family, he/she may request paid leave in accordance with this paragraph. Up on appr oval of his/her app ointing authority, an employee may receive such leave which shall n ot exceed four (4) 99 workda ys (a maximum of thirty-two [32] hours) within the f ourteen (14) day period co mmencing with the da y of death. 14.8 ABSENCE FO R VO TING Emplo yees are encouraged to vote outside of working hours. If work schedules do not allo w three (3) consecutive hours for voting while the polls are open on the day a public electio n 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 p ay for the purpose of voting as follows: (1) Employees shall be allowed to report for duty three (3) hours after the ope ning o the polls at their voting place; or (2) Employees shall be allowed to leave duty three (3) hours bef ore closing of the polls at their voting place; or (3) Employees may be allowed to be absent from duty for sufficient time during duty hours, not exceeding three (3) h ours 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 po ssible. 100 14.9 ABSENCE FOR JU RY DUTY/WITNESS PAY When subpoenaed for jury duty, all regular employees of the District shall be allowed leav e with pay for the absence required under such subpoena. In the event an employee who is no t a party to the litiga tion is subpoenaed to appear in a c ourt of record as a witness, such employee shall be allowed lea ve with pay for the time he/she is required to attend court. Such employees shall be required to submit proof of attend ance to be entitled to jury leave pay and witness pay . 14.10 LEAVE WITHO UT PAY An appointing authority may grant an employee leave without pay for a period of not more tha n twenty-eight (28) consecutive days. The appointing authority shall inform the Directo r of Human Resources in writing that such leave has been granted . During such leave without pay, the employee shall accrue and receive all n ormal benefits. The employee may not use leave time accrued during this leave until after returning to work for one full day. The employee shall be returned to his/her original position if he/she returns to work within such leave period. 14.11 SPECIA L 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 appro val of the Executive Director, may grant a regu employee a special leave of absence without pay for a period not more than twelve (12) m onths following exhaustion of all other lea ve provided by these Rules and prior to the exhaustion of twent 7 -eight (23) days leave without pay. The terms and conditi ons 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 pri or 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 reinstate ent, in any classified position to which his/her previous service and experience qualify him/her. 14.12 FMLA LEA VE An employee who has been emplo yed by the Di strict for a total of twelve (12) months and fo r at least 1,250 hours in the twelve (12) month period immediately preceding a leave period is entitled to a max imum of twelve (12) weeks FMLA Leave per year (1) because of the birth of a son or daughter of the employee and in order to care for th at 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 f or 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 functi ons of his/her job. The employee will be required to exhaust all available other lea ve as part of the twelve (12) week FMLA Leave period (with the exception of Special Leave under Rule 14.11). When such o ther leave is paid lea ve and/or the employee receives or accrues benefits under the other leave, the employee will receive and accrue pa y and benefits as provided by th e other leave during the period of the substit uted other leave . 102 O therwise FMLA Leave is unpaid leave and the District will only pay its p ortion of the employee's health care benefit. The employee is not entitled to receive or accrue any other benefits during FMLA Leave except as provided for by substituted other leave. Upon co mpletion of FMLA Leave, the employee will be reinstated to the positi on 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 mainta in a policy implementing this Rule in a ma nner consistent with the Family and Medical Leav e Act of 1993. 14.13 ADMINISTRATIVE LEAVE An appointing authority or the Executive Director may, following a review by the Director of Human Resources, order the administrative leave with pay- of an employee pending completion of an inquiry, review or in vestigation for cause as may be necessary to determine whether an action should occur. 3 RULE 15 A PPEALS A ND INVESTIG ATIONS 15.1 APPEA LS FROM ADMINISTRATIVE DECISIO NS OF DIRECTOR OF H UMA N RESOURCES a. General Provisio ns Employees, individuals on eligibility lists and applicants shall h ave the right to appeal fro m a dministrative decisions of the Director of Human Resources including any rejection of application, denial of admission to an examinati on, examination rating, denial of a request to ret urn name to eligibility list, allocation or reallocation of position. b. Procedure for Appeals from Administrative Decisions The appellant shall notify the Director of Human Resources in writing stating the reason for his/her complaint or grievance within fifteen (15) days of the effective date of the action being appealed . Such request shall immediately be forwarded to the Commission by the Director of Human Resources . c. Nature of Commission Review of Administrati ve Decisions Rev iew of appeals from such administrati ve actions may be conducted by the Commission, by a member of the Commission or by a Hearing Examiner appointed by the Commission, but in an y case the Commission shall act upon a requested rev iew within thirty (30) days of receipt of such written request, and where appropriate set a hearing date for the appeal . The shall be given appellant � 104 the o pportunity to be heard during the review of his/her appeal . The decisi on 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. A PPEALS FROM DISCIPLINA RY ACTION a. General Provisions 1. A regular employee who is discharged, demoted or suspended without pay may appeal in writing to the Commission, within fifteen (15) days after the date of notification provided for in Rule 11.7 herein, setting forth in substance his/her reasons for claiming that such discharge, demotion, or suspension was without just cause or because of his/her age, race, sex, creed or color, disability not related to job functions or because of his/her political, religio us, 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 f orce or violence . Appea ls shall be addressed to the Director of Human Resources f or the Commission. The D irector of Human Resources shall notify the appointing authority concerned, and the appeal shall immediately be forwarded to the Commission by the Direct or. b. Hearing- Procedure 1. In conducting hearings and investigations, the Commission shall act as a body, but special investigation and detailed work m ay 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 Commissi on, or by one or more members of the Co mmission, but the decision shall be rendered by the Commission after . consideration of the evidence submitted in the hearings. 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. The Chairma n of the Commission sh all preside at the hearing or shall delegate that responsibility to one of the other members. 4. The appointing authority and the appellant may elect to have legal co unsel or anyone they designate appear in their behalf at such hearing. However, the District shall not assume responsibility for any payment to an 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 authorit , and this shall n ot affect the payment of his/her regular salary. Hearings involving several appellants having a common issue may be considered jointly or individually, at the discretion of the Commission . 6. Failure of the appella nt to appe ar personally or by legal counsel or other representativ e at the hearing sh all be deemed a withdrawal of his/her appea l and the action of the appointing authority sh all become final. 7 Failure of the appellant to pursue his/her appeal or to comply with an order of the Commission relating to an appeal may be deemed by the Commission a withdrawal of his/her appeal. Upon such withdrawal, the action of the a ppointing 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. F ailure of the appellant to appear at the next scheduled hearing, after having obtained two (2) conbinuances, 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. 107 c. D ecision of the Commission 1. The Commission may affirm the action of the appointin a thority or, if the Commissio n finds that the action appealed by the employee was taken by the a ppointing 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 uni on opinions or affiliations, except affiliations with any group or organization which seeks or advocates the o verthrow of the government of the United States by force or v iolence, 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 fo r any loss of pay attributable to any delay caused by employee in having the appeal heard by the C ommissi on . In cases where an appellant's hearing results in failure to secure reinstatement after dismissal, the Commission, taking into consideration the causes of dismissal, ma y recommend to the Executive Director reinstatement with transfer of the appellant to a comparable classified position in another department, or may with the approv al of the Executive Director place the appellant's name on an appropriate eligibility list - provided, however, that there shall be no reimbursement District the D slSt�rs �t for an loss of pay suffe red by such appellant as a result of his/her dismissal. In all cases of appeal from suspensions, _i ons and dismissals, the decision of the Commission shall be final. Copies of the Commission's decisio n shall be made available in accordance with applicable law. 15. 3 POWER TO ADMINISTER OATHS, SUBPOENA AN D DEMAND PRODUCTION OF RECORDS In the co urse of any hearing or investigation conducted under the pr ovisions of the Charter or of these Rules, the Commission shall have the power to administer oaths, to subpoena, to require the attendance of witness within the District, and the production by them of bo oks and papers pertinent to any m atter 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 a llowed in Civil cases in courts of rec ord . Employees in the classified service of the District shall be required to attend and testify without subpo ena. Such employees shall be paid as if performing their normal employment including payment of any overtime or compensatory time applicable under Rule 13.5 but excluding call-back pay. Written notific ati on of any requested witnesses in the cla ssified service of the District must be submitted to the Director of Human Resources no later than four (4) days prior to a scheduled hearing . If any employee shall willfully refuse to testify or answer any questions relative to the matter being heard by the Commission on any grounds or knowingly provides false testimony, he/she shall be dismissed from the classified service. 109 15.4 INVESTIGATION BY TH E COMMISSION The Commission may, upon its own initiative, make such inquiries and investigations as it may deem to be warranted regarding the administration and effect of the provisions of these Rules a nd of the Charter, and to make such recommendations to the Director of Human Reso urces, Ex ecutive Director, or the Board, as in its judgment m ay be warranted. 110