HomeMy Public PortalAbout15642 Civil Service Rule Changes 2021 Ordinance i
ORDINANCE NO. 15642
AN ORDINANCE, repealing Ordinance No. 14687, as adopted June 8, 2017, and
enacting a new Ordinance in lieu thereof, providing Rules and Regulations governing all Classified
Employees of The Metropolitan St. Louis Sewer District.
WHEREAS, the proposal to revise the Civil Service Rules and Regulations was
provided to all District employees and union representatives on January 5, 2021;
WHEREAS, all District employees and union representatives had the opportunity
to submit public comments regarding the revised Civil Service Rules and Regulations;
WHEREAS, Section 8.050 of the Charter Plan provides that a public hearing upon
the proposed Civil Service Rules and Regulations shall be held.
WHEREAS, all public comments were presented and discussed with the Civil
Service Commission at a public hearing held February 4, 2021 at the District’s office at 2350
Market Street;
WHEREAS, Section 8.050 of the Charter Plan provides that the rules approved by
the Commission shall be submitted to the Board and shall become effective when adopted by
ordinance; and
WHEREAS, the Civil Service Rules and Regulations as approved by the Civil
Service Commission are hereby submitted to the Board of Trustees for adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT, AS FOLLOWS:
Section One. Ordinance No. 14687, as adopted June 8, 2017, is hereby repealed.
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Section Two. The revised Civil Service Rules and Regulations, as approved by the
Civil Service Commission, are hereby adopted as governing all employees in the Classified
Service.
Section Three. The Metropolitan St. Louis Sewer District Civil Service Rules and
Regulations follow:
The foregoing Ordinance was adopted on April 8, 2021
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HUMAN RESOURCES DEPARTMENT
2350 MARKET STREET
ST. LOUIS, MO 63103
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
CIVIL SERVICE RULES AND REGULATIONS
ADOPTED: The foregoing Ordinance was adopted on April 8, 2021.
ORDINANCE NO. 15642
REVISION DATES:
September 16, 1955 May 9, 1979
April 9, 1956 November 14, 1979
July 7, 1958 August 11, 1982
October 22, 1958 October 11, 1989
May 17, 1960 July 9, 1991
November 10, 1960 April 20, 1995
June 25, 1962 September 14, 1995
September 10, 1964 October 12, 2000
February 20, 1969 July 12, 2007
February 22, 1971 June 8, 2017
August 29, 1972 April 8, 2021
November 12, 1975
September 29, 1976
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THE METROPOLITAN ST. LOUIS SEWER DISTRICT
CIVIL SERVICE RULES AND REGULATIONS
Table of Contents
Page
RULE 1 ................................................................................................................................ DEFINITIONS
...................................................................................................................................................................... 1
RULE 2 ............................................................................................................. GENERAL PROVISIONS
.................................................................................................................................................................... 11
2.1 PURPOSE OF RULES ...................................................................................................... 11
2.2 POSITIONS COVERED BY RULES............................................................................... 12
2.3 AMENDMENT OF RULES ............................................................................................. 12
2.4 ADMINISTRATION OF RULES ..................................................................................... 12
2.5 VALIDITY OF RULES .................................................................................................... 12
2.6 SINGULAR AND PLURAL USAGE .............................................................................. 13
2.7 EFFECTIVE DATE OF RULES....................................................................................... 13
RULE 3 .................................................. ORGANIZATION FOR PERSONNEL ADMINISTRATION
.................................................................................................................................................................... 13
3.1 GENERAL PROVISIONS ................................................................................................ 13
3.2 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) ........................................... 13
3.3 CIVIL SERVICE COMMISSION .................................................................................... 14
a. Appointment and Term 14
b. Duties 15
c. Officers 15
d. Meetings 16
RULE 4 .................................................................................. APPLICATIONS AND EXAMINATIONS
.................................................................................................................................................................... 16
4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION .............................. 16
4.2 NOTICE OF EXAMINATIONS ....................................................................................... 16
4.3 MINIMUM QUALIFICATIONS FOR FILING FOR EXAMINATION ......................... 17
4.4 FILING OF APPLICATION FOR EXAMINATION....................................................... 17
4.5 DISQUALIFICATION OF APPLICANTS ...................................................................... 18
4.6 CHARACTER OF EXAMINATIONS ............................................................................. 20
a. Open Competitive Examinations 20
b. Open Continuous Examinations 21
c. Employee Examinations 21
4.7 ADMINISTRATION OF EXAMINATIONS ................................................................... 22
a. Establishment of Procedures 22
b. Use of District Employees 22
c. Contracting for Examinations 22
4.8 RATING OF EXAMINATIONS ...................................................................................... 22
a. Method of Rating and Minimum Grades 22
b. Consideration for Lower Job Titles 23
c. Rating of Competence 23
4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS ............................................ 23
a. Notice of Examination Results 23
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b. Records of Test Results; Corrections 23
RULE 5 .................................................................................................................... ELIGIBILITY LISTS
.................................................................................................................................................................... 24
5.1 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS .......................... 24
5.2 TYPES OF ELIGIBILITY LISTS..................................................................................... 24
a. Original Appointment List 24
b. Employee Lists 24
c. Restoration List 25
d. Recall Lists 25
5.3 CONSOLIDATION OF LISTS ......................................................................................... 25
5.4 USE OF RELATED ELIGIBILITY LISTS ...................................................................... 26
5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY .......................................... 26
a. Original Appointment Lists 26
b. Employee Lists 27
c. Recall Lists 27
d. Restoration Lists 27
5.6 AVAILABILITY OF INDIVIDUALS ON ELIGIBILITY LISTS ................................... 27
5.7 REMOVAL OF NAMES FROM LISTS .......................................................................... 27
5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST ............................................. 29
RULE 6 ................................................................................. CERTIFICATION AND APPOINTMENT
.................................................................................................................................................................... 29
6.1 REQUEST TO FILL A POSITION .................................................................................. 29
6.2 FILLING OF VACANCIES ............................................................................................. 29
a. Appointment Through Demotion 30
1. Involuntary Demotion 30
2. Voluntary Demotion 30
b. Appointment Through Reassignment 30
c. Appointment from Restoration Lists 31
d. Appointment from Recall Lists 31
e. Appointment from Employee Lists 31
f. Appointment Through Transfer 32
1. Transfer (District Initiated) 32
2. Transfer (Employee Initiated) 32
g. Appointment Through Reinstatement 32
h. Appointment From Original Appointment List 34
i. Appointments of Limited Duration 34
1. Temporary Appointments 34
2. Emergency Appointments 34
3. Provisional Appointments ……………………………38
j. Appointment From Rehire ………………………………………………39
6.3 OVERLAP OF INCUMBENTS ....................................................................................... 36
6.4 CERTIFICATION OF INDIVIDUALS FROM ELIGIBILITY LISTS ........................... 36
a. Order of Certification 36
b. Certification From Related Lists 36
c. Physical Examinations 37
RULE 7 ......................................................................................................... PROBATIONARY PERIOD
.................................................................................................................................................................... 42
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7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD ........................... 42
a. Original Appointment Probation 42
b. Probation Following Promotion 42
c. Probation Following Demotion 42
d. Probation Following Transfer 42
e. Probation Following Reinstatement 42
7.2 COMPUTATION OF THE PROBATIONARY PERIOD ............................................... 44
7.3 EMPLOYEE EVALUATION DURING PROBATION .................................................. 44
7.4 REMOVAL DURING PROBATIONARY PERIOD ....................................................... 45
7.5 RETENTION OF EMPLOYEE AFTER PROBATION ................................................... 45
7.6 FOLLOWING REMOVAL DURING PROMOTIONAL OR TRANSFER PROBATIONARY
PERIOD .......................................................................................................... 46
7.7 FOLLOWING REMOVAL DURING DEMOTIONAL PROBATIONARY PERIOD ... 46
7.8 PROMOTION DURING PROBATION ........................................................................... 47
RULE 8 ............................................................................ EMPLOYEE CONDUCT AND RELATIONS
.................................................................................................................................................................... 48
8.1 DISCRIMINATION AND FAVORITISM PROHIBITED .............................................. 48
8.2 POLITICAL ACTIVITIES ............................................................................................... 48
a. Political Contributions 48
b. Political Speeches and Campaigning 49
c. Political Rights of Employees 49
d. Partisan Political Candidacy 50
e. Non-Partisan Political Candidacy and Office 50
f. Authority for Opinions on Political Activity 51
8.3 CONFLICTING EMPLOYMENT .................................................................................... 51
8.4 FINANCIAL INTEREST .................................................................................................. 52
8.5 ...................... IMMEDIATE FAMILY MEMBERS & MEMBERS OF HOUSEHOLD
........................................................................................................................................... 52
8.6 ATTENDANCE AND REPORTS OF ABSENCE ........................................................... 53
8.7 EMPLOYEE CONTACT INFORMATION ..................................................................... 53
8.8 MEDICAL EXAMINATIONS AND INQUIRIES ........................................................... 53
RULE 9 ............................................................................................ PERFORMANCE MANAGEMENT
.................................................................................................................................................................... 54
9.1 ESTABLISHMENT OF SYSTEM ................................................................................... 54
9.2 PURPOSES OF SYSTEM ................................................................................................ 54
9.3 FREQUENCY OF PERFORMANCE APPRAISAL ........................................................ 55
a. Performance Appraisals of Regular Employees 55
b. Performance Appraisals of Probationary Employees 55
c. Performance Appraisals of Temporary Employees 55
d. Performance Appraisals of Reassigned & Reallocated Employees……...56
9.4 ADMINISTRATION OF SYSTEM.................................................................................. 56
RULE 10 ................................... HUMAN RESOURCES (HR) FORMS, RECORDS AND REPORTS
.................................................................................................................................................................... 57
10.1 HUMAN RESOURCES FORMS .................................................................................... 57
10.2 HUMAN RESOURCES RECORDS ................................................................................ 57
a. Examination Records 57
b. Department Human Resources Records and Reports 57
c. Director of Human Resources Records and Reports 57
d. Availability of Human Resources Records 58
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RULE 11 ......................... LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION
.................................................................................................................................................................... 59
11.1 SENIORITY ...................................................................................................................... 59
11.2 LAYOFF 59
a. When Permitted 59
b. Order of Layoff 59
c. Notice of Layoff 60
d. Position After Layoff 61
11.3 DISPLACEMENT............................................................................................................. 61
a. Procedure 62
b. Failure to Meet Qualifications or Requirements 62
c. Evaluation After Displacement 62
11.4 RESTORATION/RECALL ............................................................................................... 62
a. Procedure 62
b. Evaluation After Recall 63
c. Evaluation After Restoration 63
11.5 DISABILITY..................................................................................................................... 64
11.6 DISCIPLINARY ACTION ............................................................................................... 64
a. Types of Disciplinary Action 64
1. Reprimand 65
2. Suspension 65
3. Demotion 65
4. Dismissal 65
b. Reasons For Which Disciplinary Action May Be Taken 66
c. General Provisions 66
11.7 NOTIFICATION OF SEPARATION AND DISCIPLINARY ACTION......................... 69
RULE 12 .......................................................................................................... CLASSIFICATION PLAN
.................................................................................................................................................................... 70
12.1 EXISTING PLAN RESERVED........................................................................................ 70
12.2 ADMINISTRATION OF CLASSIFICATION PLAN ..................................................... 70
a. Allocation of Positions 70
b. Establishment of Positions 71
c. Reallocation of Positions 71
d. Status of Incumbent When Position is Reallocated 71
e. Review of Allocation and Reallocation 72
12.3 JOB DESCRIPTIONS AND CLASSIFICATION ............................................................ 72
a. Contents of Job Descriptions 72
b. Interpretation of Job Descriptions 73
c. Use of Job Descriptions in Allocation and Reallocation 73
d. Use of Minimum Qualifications Statements 73
12.4 USE OF STANDARD PROCEDURE OF JOB ANALYSIS ........................................... 74
12.5 USE OF JOB TITLES AND CODES ............................................................................... 74
12.6 MAINTENANCE OF CLASSIFICATION PLAN ........................................................... 74
RULE 13 ........................................................................................................... COMPENSATION PLAN
.................................................................................................................................................................... 76
13.1 COMPENSATION PLAN ................................................................................................ 76
13.2 BASIS OF PAY RATES ................................................................................................... 76
a. Compensation of Full-Time Employees 76
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b. Compensation of Temporary Appointees 76
c. Hourly and Daily Rates of Temporary Employees 77
13.3 PAYMENT OF COMPENSATION ................................................................................. 77
13.4 ENTRANCE PAY RATES ............................................................................................... 78
a. Starting Rate on Initial Employment 78
b. Starting Rate on Reinstatement 78
c. Starting Rate on Return from Military Leave 78
d. Starting Rate of Displacing Employees 79
e. Starting Rate on Restoration 79
1. Original Position 79
2. Position Lower Than Original Position 80
f. Starting Rate on Recall 81
1. Original Position 81
2. Position Lower Than Original Position 81
g. Starting Rate on Promotion 82
h. Rate of Pay on Transfer or Reassignment 82
i. Rate of Pay on Demotion 75
j. Rate of Pay Following Unsuccessful Promotional Probationary Period 83
k. Rate of Pay on Reallocation 83
13.5 WORKING HOURS ......................................................................................................... 76
a. Regular Working Hours 84
b. Overtime 84
c. Eligibility for Overtime Compensation 85
d. Eligibility for Compensatory Time 85
e. Calculation of Overtime 78
f. Compensation for Overtime Work 86
g. Monitoring of Overtime Work 86
h. Call-Back Pay 79
i. Stand-by Pay 86
13.6 HOLIDAYS ...................................................................................................................... 80
a. List of Holidays 80
b. Floating Holidays 80
c. Holiday Observance 81
d. Compensation for Observance of a Holiday 81
e. Compensation for Work Performed on Holidays 81
13.7 MAINTENANCE OF COMPENSATION PLAN ............................................................ 82
RULE 14 ............................................................................................................ LEAVES OF ABSENCES
.................................................................................................................................................................... 82
14.1 VACATION LEAVE ........................................................................................................ 82
a. General Provisions 82
b. Computation of Vacation Leave 91
1. Regular Employees 83
2. Temporary Employees 84
3. Maximum Annual Accrual………………………………………...92
c. Vacation Leave Accrual During Military Service 843
d. Restrictions on Granting of Vacation Leave 85
1. Regularly Scheduled Vacation Leave 85
2. Emergency Vacation Leave 85
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3. Hourly Increment Vacation Leave 85
4. Vacation Leave to Supplement Workers' Compensation Benefit 86
5. Vacation Leave Upon Exhaustion of Accrued Sick Leave 86
e. Payment for Unused Vacation Leave 95
f. Transfer of Unused Vacation Leave 875
14.2 EDUCATIONAL LEAVE ................................................................................................ 87
14.3 SICK LEAVE .................................................................................................................... 96
a. Granting of Sick Leave With Pay 96
b. Exclusions from Sick Leave With Pay 886
c. Control of Sick Leave With Pay 88
d. Absence Due to Illness in Employee's Household 88
14.4 INJURY ON THE JOB ................................................................................................... 887
14.5 MILITARY SERVICE/RESERVE LEAVE ..................................................................... 89
a. With Pay 89
b. Without Pay 898
c. Physical Examination for Military Purposes 90
14.6 MILITARY LEAVE AFTER SERVICE .......................................................................... 90
14.7 BEREAVEMENT LEAVE ............................................................................................... 91
14.8 ABSENCE FOR VOTING ................................................................................................ 92
14.9 ABSENCE FOR JURY DUTY/WITNESS PAY .............................................................. 92
14.10 LEAVE WITHOUT PAY ............................................................................................... 102
14.11 SPECIAL LEAVE ............................................................................................................. 93
14.12 FMLA LEAVE .................................................................................................................. 94
14.13 ADMINISTRATIVE LEAVE ......................................................................................... 954
14.14 BONDING LEAVE……………………………………………………………105
RULE 15 ......................................................................................... APPEALS AND INVESTIGATIONS
.................................................................................................................................................................... 95
15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR OF HUMAN
RESOURCES ................................................................................................ 956
a. General Provisions 956
b. Procedure for Appeals from Administrative Decisions 966
c. Nature of Commission Review of Administrative Decisions 96
15.2 APPEALS FROM DISCIPLINARY ACTION ................................................................. 96
a. General Provisions 967
b. Hearing Procedure 978
c. Decision of the Commission 9910
15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND PRODUCTION OF
RECORDS .................................................................................................. 1011
15.4 INVESTIGATION BY THE COMMISSION .............................................................. 1012
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RULE 1
DEFINITIONS
As used in these Rules, the following terms shall have the meaning indicated below, unless the
content specifies or clearly indicates another meaning.
1.1.1 ALLOCATION -– The assignment of an appropriate Job Title to a position
based on the kind of work, duties, and responsibilities.
1.2 APPOINTING AUTHORITY -– The Executive Director or an officer or head of a
department or other organizational unit to whom the Executive Director has
delegated the authority to make appointments.
1.3 APPOINTMENT -– The induction of a person to a position in the classified service
of the District. Appointments shall be of the following types: Recall; Restoration;
Promotion; Original Appointment; Emergency Appointment; Transfer;
Reassignment; Reinstatement; and Demotion.
1.4 CERTIFICATION -- The act, by the Director of Human Resources, of supplying an
appointing authority with the names of applicants deemed eligible for appointment
to a vacant position in the classified service. May also refer to the list of names from
an eligibility list supplied to the appointing authority.
1.5 CHARTER -– The basic charter of the Metropolitan St. Louis Sewer District as adopted
February 9, 1954, as amended, by vote of the people under the provisions of Article
VI, Section 30 (a) and (b) of the constitution of Missouri as amended.
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1.6 CLASSIFICATION, JOB TITLE or TITLE -– The designation given under the
Classification Plan to describe a position.
1.7 CLASSIFICATION PLAN -– The arrangement of all Job Titles in the classified
service into a system of General Classes and Job Descriptions.
1.8 CLASSIFIED EMPLOYEE -- An employee occupying a position in the classified
service of the District.
1.9 CLASSIFIED POSITION -- A position in the classified service.
1.10 CLASSIFIED SERVICE – All positions not specified as unclassified.
1.11 COMMISSION -– The Metropolitan St. Louis Sewer District Civil Service
Commission, which is appointed by the Board.
1.12 COMPENSATION -- The salary, wages, fees, and all other forms of valuable
consideration, earned or paid to any employee of the classified service by reason of
service in the position, but does not include allowances for authorized and incurred
expenses which are incidental to employment.
1.13 COMPENSATION PLAN -– A schedule of salaries established by ordinance as
Schedules A, B and C for the job titles recognized in the classification plan.
1.14 CONTINUOUS SERVICE -- The period of time between an employee's date of most
recent employment as shown on the records of the District and the date to which such
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service with the District is being determined. Said period of time shall be reduced by
the period of time of any layoff, and any special leave pursuant to Rule 14.11. In
addition, if an employee is appointed by reinstatement, said period of time shall be
reduced by any period of time an employee was separated from District service.
1.15 DAYS -- As used herein, unless otherwise specified, calendar days.
1.16 DEMOTION -– The change of an employee from one job title to another job title at
a lower maximum rate of pay when such change is not in the nature of displacement.
1.17 DEPARTMENT -- An established major organizational unit of the District.
1.18 DISCHARGE OR DISMISSAL -- The involuntary separation of a person from
employment in the District because of unsatisfactory service or conduct.
1.19 DISPLACEMENT -– The placement of an employee in lieu of layoff in a position in
the employee’s general class that is in a pay grade that is equal to or lower than the
position occupied by the employee.
1.20 DISTRICT -- The Metropolitan St. Louis Sewer District as established by the Charter.
1.21 ELIGIBILITY LIST-– Any of the lists of names of persons eligible for appointment to
positions in the classified service of the District.
1.22 EMERGENCY APPOINTMENT -- The appointment of a qualified individual to a
classified position when an emergency makes it necessary to immediately fill the
4
position in order to prevent stoppage of public business or loss, hazard, or serious
inconvenience to the public, and it is impossible to promptly fill such position under
any other provision of these Rules.
1.23 EMPLOYEE EXAMINATION -– A competitive examination which is designed to
measure the relative qualifications, comparative excellence and general fitness of
employees for a particular job title in the classified service.
1.24 EMPLOYEE LIST -– A list of regular and/or original probationary employees, who
are qualified for assignment to a particular job title.
1.25 EXAMINATION -– All of the tests or evaluations of fitness together that are applied
to determine the relative qualifications of applicants.
1.26 EXECUTIVE DIRECTOR -– Appointed by the Board and is the Chief Executive and
Administrative Officer of the District.
1.27 GENERAL CLASS -- One or more job titles which are grouped because of their
related educational disciplines or courses of study, fields of specialty, or nature of
work or skill, but which vary in difficulty of duties and levels of responsibility, and
constitute a normal line of advancement.
1.28 HEARING -– A proceeding before the Commission or its designee, held in
accordance with law, for the following purposes: to hear appeals of classified
employees from adverse action of dismissal, demotion, reduction in compensation,
5
or suspension; to hear appeals of classified employees from administrative decisions
of the Director of Human Resources; or to consider any other matter within the
jurisdiction of the Commission.
1.29 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) -- 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, step-grandchildren, parents, stepparents, father-in-law, mother-in-
law, sister, stepsister, brother, stepbrother, grandparents, and step-grandparents. The
District has the right to request confirmation that a current relationship exists.
1.31 JOB DESCRIPTION -– The written description of the duties and responsibilities of a
job title and its qualification standards.
1.32 LAYOFF -– The removal of an employee from the classified service because of lack of
work or shortage of funds or by reason of abolishment of a classified position because
of reorganization within the department or District. Layoffs shall not be considered
dismissals and are, therefore, not subject to the provisions of Rule 15.
1.33 OPEN COMPETITIVE EXAMINATION -- An examination open to all persons,
whether employed by the District or not, who meet and comply with the prescribed
requirements for admission.
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1.34 OPEN CONTINUOUS EXAMINATION -- An open competitive examination
having no date scheduled for termination.
1.35 ORIGINAL APPOINTMENT -- Appointment to a position in the classified service,
other than by recall, restoration or reinstatement, of an applicant who is not a regular
employee at the time of the appointment.
1.36 PART TIME EMPLOYEE -– A person who is employed on a biweekly basis to work
less than the normal biweekly hours of the position. For any job title covered by the
Memorandum of Understanding an agreement must be established between the
District and the Local Union to designate that employee as part time.
1.37 PAY GRADE -- The appropriate salary range for designated job titles in the
classification plan.
1.38 POSITION -- A group of duties and responsibilities designated to be performed by
one employee and established according to these Rules.
1.39 PROBATIONARY EMPLOYEE -- A person appointed from an eligibility list who
has not yet completed his/her appropriate probationary period of service.
1.40 PROBATIONARY PERIOD -- The final step in the examination process; a specified
period (usually one hundred eighty (180) days ) during which an employee is required
to demonstrate through actual performance his/her fitness for a classified position.
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1.41 PROMOTION -– A change in the assignment of an employee to a job title having a
higher maximum salary rate when such change is not in the nature of restoration.
1.42 PROVISIONAL APPOINTMENT -- A temporary non-competitive appointment of
an individual to fill a classified position, pending establishment of an eligibility list
for such position.
1.43 REALLOCATION -– A change to a classified position by raising it to a higher pay
grade, reducing it to a lower pay grade, or moving it to another job title at the same
pay grade on the basis of a significant change in duties, authority or responsibility of
the position that have been performed for a minimum of one year in duration.
1.44 REASSIGNMENT -– Assignment of an employee within the department under the
same appointing authority from one area to another area within the same job title.
1.45 RECALL -- The appointment of an employee to a classified position from a recall
list.
1.46 RECALL LIST -- A list of persons who have been regular employees in a particular
job title and who have been laid off in good standing and are entitled to have their
names certified for appointment to job titles in a general class for which their
qualifications may be considered.
1.47 REHIRE – An employee who is hired after being separated from the District for a
period greater than two years.
8
1.48 REGULAR EMPLOYEE -- An employee who has been appointed to a position in the
classified service in accordance with Civil Service Rules and has successfully
completed his/her original appointment probationary period.
1.49 REINSTATEMENT -– At the discretion of the Appointing Authority, the return to
District service of a regular employee in accordance with regulations governing such
re-employment.
1.50 RELATIVE -- Relative(s) who resides within the employee's household. The District
has the right to request confirmation of the relationship and/or residency.
1.51 RESIGNATION -- A voluntary separation which is effected by: (1) the appointing
authority's acceptance of an employee's written or oral communication stating the
employee's intent to leave the classified service; (2) the employee's continued absence
after the exhaustion of all leave granted to and/or accrued by the employee; or (3) any
other act which clearly indicates the employee's intention to leave the classified
service.
1.52 RESTORATION -- In the case of a recalled employee occupying a position in a lower
pay grade than that held prior to layoff, the placement of the employee to the job
title held immediately prior to layoff or to a position in a lower job title of the same
general class of that held immediately prior to layoff. In the case of an employee who
has been displaced, the placement of the employee to the job title held immediately
9
prior to displacement or to a position in a lower job title of the same general class of
that held immediately prior to displacement.
1.53 RESTORATION LIST -- A list of regular employees who have either been recalled
or have displaced other employees, and who are entitled to have their names certified
for appointment to a classified position in the job title held immediately prior to
layoff or displacement or to a position in a lower job title of the same general class
of that held immediately prior to the layoff or displacement.
1.54 RETIREMENT -– A voluntary separation where a retirement benefit is payable at the
time of separation in accordance with the District Pension Plan ordinances. For
employees who are not participants in the District Pension Plan, retirement means a voluntary
separation on or after the earliest of (i) age 55 and completion of 60 months of service, (ii) age
65 and completion of 60 months of service, or (iii) satisfaction of the rule of 75 (age plus years
of service as measured from the date of hire).
1.55 RULE OR RULES -- One or more of The Metropolitan St. Louis Sewer District Civil
Service Rules and Regulations.
1.56 SALARY RANGE -- The spread between the minimum and maximum salary of any
pay grade.
1.57 SEPARATION -– The removal of an employee from the classified service of the
District by dismissal, retirement, death, or resignation.
10
1.58 SUSPENSION -- An involuntary, unpaid leave of absence for disciplinary purposes
or pending an investigation of charges made against an employee.
1.59 TEMPORARY APPOINTMENT -- An appointment of an individual from an
eligibility list to an approved position which is limited in duration.
1.60 TRAINING PROGRAM ADJUSTMENT -- For union eligible employees only, the
assignment of a trainee to a new position based on successfully completing a set of
requirements within any given training program.
1.61 TRANSFER -– Assignment of an employee from a classified position to a different
classified position with the same pay grade.
1.62 UNCLASSIFIED SERVICE -- All positions in the District specifically excluded by
the Charter, ordinance or Rules from the classified service.
1.63 UNCLASSIFIED POSITION -- A position in the unclassified service.
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RULE 2
GENERAL PROVISIONS
2.1 PURPOSE OF RULES
It is the purpose of these Rules to give effect to the intent and requirements of the
Personnel Provisions of the Charter. These Rules shall be applied in accordance with
the intent of the Charter which is interpreted and declared to be as follows:
a. To establish for employees in the classified service a modern system of
personnel administration based on merit principles and designed for efficient
administration and which will support the District's role as an equal
opportunity employer.
b. To govern the appointment, promotion, transfer, layoff, separation and
discipline of employees in the classified service, and other District
employment transactions on the basis of merit and fitness.
c. To maintain a uniform classification plan based upon relative duties, level of
difficulty and responsibility, and qualifications required of positions in the
classified service.
d. To administer a Compensation Plan, with due consideration given the interest
of both employee and taxpayer, which is based on the principle of equal pay
for substantially equal work and which will insure compensation
proportionate to the difficulty, responsibility and qualification requirements
12
of the work performed.
2.2 POSITIONS COVERED BY RULES
These Rules shall apply to all positions in the classified service as defined in these
Rules.
2.3 AMENDMENT OF RULES
The Commission shall hold a public hearing on proposed amendments to the Rules
recommended by the Director of Human Resources or by the Commission in
accordance with the Personnel Provisions of the Charter. After such hearing, the
Commission shall approve, modify and approve, or reject the proposed amendments
wholly or in part. Amendments approved by the Commission shall then be submitted
to the Board and shall become effective when adopted by ordinance.
2.4 ADMINISTRATION OF RULES
The Director of Human Resources is charged with the responsibility for the
administration of the Rules. Administrative regulations prescribing the detailed
procedure for the administration of the Rules shall be established, amended or
rescinded by the Director of Human Resources after consultation with the Executive
Director, with the approval of the Commission.
2.5 VALIDITY OF RULES
If any part of the ordinance adopting these Rules or subsequent amendments thereto
is held to be invalid by competent authority, every other part not so held shall continue
in full force and effect as if the invalid part had not been included.
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2.6 SINGULAR AND PLURAL USAGE
As used in these Rules, the singular shall include the plural, and the plural shall
include the singular, except as may be otherwise specified.
2.7 EFFECTIVE DATE OF RULES
The Rules and Amendments herein shall become effective upon the effective date of
the appropriate ordinance.
RULE 3
ORGANIZATION FOR PERSONNEL ADMINISTRATION
3.1 GENERAL PROVISIONS
Final authority for all personnel administration shall rest with the Executive Director
of the District, except as otherwise provided by the Charter. He/she shall appoint
and, when necessary for the good of the service, remove all officers and employees of
the District, except as otherwise provided in the Charter, and except as he/she may
authorize the head of a department or office to appoint subordinates in such
department or office, subject to the Personnel Provisions of the Charter.
3.2 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF)
The Director of Human Resources shall:
a. Hold examinations for all appointments in the classified service, establish
eligibility lists, and certify names from eligibility lists to appointing
authorities for filling vacancies in said service.
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b. Report annually to the Commission regarding the operation of the Personnel
Provisions of the Charter.
c. Prepare and recommend to the Commission such rules as he/she may
consider appropriate to carry out the Personnel Provisions of the Charter.
d. Advise, assist, and cooperate in fostering the interest of institutions of learning
and civic, professional, and employee organizations in the improvement of
personnel standards and conditions in the District.
e. Perform such other duties with reference to personnel administration as may
be required by ordinance or the Executive Director.
3.3 CIVIL SERVICE COMMISSION
a. Appointment and Term
Civil Service Commission - - Appointment - - Term. There shall be a Civil
Service Commission of three members, who shall be appointed by the Board.
Members shall have the same qualifications as required for Trustees, except
that no member shall be a Trustee under the Charter.
Members shall be persons who are known to be in sympathy with the
application of merit principles to public employment. Members shall be
appointed for a term of three years. Vacancies shall be filled by the Board for
the unexpired term.
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b. Duties
Civil Service Commission -- Duties -- The Civil Service Commission shall:
1. Advise the Board, Executive Director, and Director of Human
Resources on problems concerning personnel administration.
2. Make any investigation which it may consider desirable concerning
personnel administration in the District service, and report to the
Board at least once a year its findings, conclusions, and
recommendations.
3. Recommend Civil Service Rules and revisions to the Civil Service Rules
to the Board.
4. Hear appeals from disciplinary action, administrative actions and other
matters within the jurisdiction of the Commission.
5. Advise, assist, and cooperate in fostering the interest of institutions of
learning and civic, professional, and employee organizations in the
improvement of personnel standards and conditions in the District.
c. Officers
The Commission shall select from its members a chairperson and vice
chairperson whose term of office shall be for a minimum of one year. The
Director of Human Resources shall serve as secretary of the Commission.
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d. Meetings
Regular meetings may be held on such dates as shall be determined by the
Commission. Special meetings shall be held on call of the chairperson or any
two members of the Commission.
RULE 4
APPLICATIONS AND EXAMINATIONS
4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION
Application shall be accepted only on official forms prescribed by the Director of
Human Resources and approved by the Commission. The applicant shall affix
his/her signature to each application and the signature shall certify the truth of all
statements contained therein. The application form shall not require any information
that does not comply with the Equal Employment Opportunity Act or any other
Federal or State regulations for the position in question or political affiliations of an
applicant other than to require the applicant to certify non-affiliation with any group
or organization which seeks or advocates the overthrow of the government of the
United States by force or violence, said certification being in accordance with the
provisions of the Charter. The District shall hold the right to conduct a background
investigation of any applicant.
4.2 NOTICE OF EXAMINATIONS
The official announcement of an examination shall consist of the posting of a notice
thereof for a minimum of five (5) working days prior to the last date applications will
be accepted. Said notice shall be posted in the public area of the District’s
Headquarters. The Director of Human Resources shall also make use of such other
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means for publicizing the announcement of each examination as in his/her best
judgment are best suited for informing qualified persons that the examination is to be
given. These may include paid advertisements in newspapers and periodicals,
announcement to the press and to educational institutions, posters and circulars for
general distribution, and similar means.
Each official announcement of an examination shall specify the job title and salary
range for which the examination is announced; the nature of the work to be
performed; the necessary and desirable qualifications; the time, place and manner of
making application; special requirements or qualifications; and such other
information as the Director of Human Resources considers pertinent and useful.
4.3 MINIMUM QUALIFICATIONS FOR FILING FOR EXAMINATION
All persons who may lawfully work in the United States, and meet the reasonable
standards or requirements regarding training, experience, and other factors fixed by
the Director of Human Resources and stated in the notice of examination, shall be
permitted to file an application for examination; provided however, that any
applicant taking an examination for any job title who fails to make a passing grade
shall not be allowed to file an application for examination for such job title until six
(6) months after the date of the prior examination for such job title.
4.4 FILING OF APPLICATION FOR EXAMINATION
To be accepted for review, applications for examination must be filed with the District
Human Resources Department by the date, if any, specified in the notice for
application, or as specified by the Director of Human Resources.
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4.5 DISQUALIFICATION OF APPLICANTS
The Director of Human Resources shall reject the application for examination or
refuse to examine an applicant, or after examination disqualify such applicant or if
already appointed, consult with the appointing authority in taking steps to remove
such person if such person:
a. has failed to submit his/her application for examination correctly or within
the prescribed time limits;
b. is found not to meet all of the preliminary requirements established for the
examination for the job title;
c. 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;
d. has directly or indirectly obtained information regarding the examination to
which, as an applicant, he/she was not entitled;
e. has taken part in the compilation, administration, or scoring of the
examination for which he/she is an applicant;
f. is unable to perform an essential job function of the position with or without
reasonable accommodation;
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g. has established an unsatisfactory employment record as evidenced by
performance reviews, disciplinary actions and/or reference checks of such
nature as to demonstrate lack of fitness for employment in the position for
which he/she applies;
h. habitually uses any form of intoxicant to excess; has tested positive on a
substance abuse test initiated by the District within the 12 months preceding
the examination unless the person has presented evidence that the substance
abuse is not recurring (including, but not limited to, participation in and
compliance with a substance abuse rehabilitation program after said positive
result); or is prohibited from performing the duties of the job title by a
federally mandated substance abuse testing regime;
i. has been convicted of criminal conduct, or engaged in dishonest, immoral or
notoriously disgraceful conduct, of such gravity as to render him/her unfit for
the position for which he/she applies;
j. has used or attempted to use political pressure, deception, fraud or bribery to
secure an advantage in an examination, or in appointment or advancement;
k. is proved to be affiliated with any group or organization which seeks or
advocates the overthrow of the government of the United States by force or
violence;
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l. previously was employed by the District but agreed not to re-apply to the
District as part of a prior separation from service; or
m. has otherwise violated the provisions of the Charter, relevant ordinances or
these Rules.
4.6 CHARACTER OF EXAMINATIONS
Any practical means or measures may be used in open competitive examinations
which in the judgment of the Director of Human Resources are calculated to reveal
the ability and fitness of candidates to perform the duties and responsibilities of
positions for which the examination is held. Examinations and tests may be written,
oral, physical,
a demonstration of skill or performance, an evaluation of education, training and
experience or any combination thereof. Examinations may include investigation of
training and experience, a test of knowledge, skill or aptitude and an inquiry into the
character, reputation and general suitability of applicants. Examinations shall be
rated impartially, and no test or question in any examination shall call for or lead to
disclosure of information that does not comply with the Equal Employment
Opportunity Act or any other Federal or State regulations. Any such disclosures by
an applicant shall be discouraged and any such information which may nevertheless
be revealed shall be disregarded.
Reasonable accommodations will be made to those applicants with disabilities upon
request.
a. Open Competitive Examinations
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All entrance examinations for positions in the classified service shall be open
competitive in character.
b. Open Continuous Examinations
In order to supply an adequate number of qualified candidates, the Director
of Human Resources may establish a continuous recruitment program. Under
such program, applications may be accepted and examinations held whenever
a sufficient number of applicants have filed to assure adequate competition.
c. Employee Examinations
To be eligible to compete for a promotion, voluntary demotion or a transfer
to a different position, an employee must meet requirements for admission to
the examination. Limitations upon eligibility shall be applied uniformly.
Employee examinations shall not be limited to employees of a single
department of the District. Employee examinations shall consist of a review
of qualifications, including an evaluation of employee performance of related
duties, in addition to any required tests. However, the Director of Human
Resources may waive any required test if the employee previously obtained a
grade on the test sufficient to qualify for the position for which the present
examination is being conducted.
If a new employee examination is announced, and at least six (6) months has
elapsed since the initial examination, an employee who has achieved a
qualifying rating may elect to be re-examined and have his/her name placed
on the eligibility list in accordance with the new rating.
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4.7 ADMINISTRATION OF EXAMINATIONS
a. Establishment of Procedures
The Director of Human Resources shall establish procedures to be used on
conducting the examination of candidates and shall devise safeguards to
insure maximum impartiality in the examination and rating of candidates. The
Director of Human Resources may disqualify any applicant for failure to
comply with procedures and regulations established for examination.
b. Use of District Employees
The Director of Human Resources, with the consent of the appropriate
appointing authorities, is authorized to select District employees in the
classified service to act as examiners under his/her direction.
c. Contracting for Examinations
The Director of Human Resources is authorized to contract with any agency,
public or private, to conduct any examination which he/she deems necessary.
4.8 RATING OF EXAMINATIONS
a. Method of Rating and Minimum Grades
Accepted merit system test administration techniques and procedures shall be
used in rating examinations and determining relative ranking of candidates.
The minimum eligibility requirements for all examinations or portions thereof
shall be established by the Director of Human Resources.
The method utilized to determine the final examination rating for a job title
shall be uniformly applied to all applicants for that job title.
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b. Consideration for Lower Job Titles
An applicant who, after examination, fails to gain eligibility for employment
may be considered for a related lower job title provided that an examination
is open and the pertinent examination rating meets the minimum
requirements for the lower job title .
c. Rating of Competence
The Director of Human Resources shall establish procedures for the
evaluation of competence which shall give due consideration to relevant
knowledge, skills, abilities, training/education and to the quality, recency and
amount of experience. The procedure utilized to evaluate competence for a
position shall be uniformly applied to all applicants for that job title.
4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS
a. Notice of Examination Results
Applicants shall, when rating is completed, be notified in writing of their
eligibility status.
b. Records of Test Results; Corrections
Records of test results shall be designated closed records pursuant to
procedures authorized by law. A manifest error in marking, grading or
computation of final rating, if called to the attention of the Director of Human
Resources within fifteen (15) days after notification of examination results,
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shall be corrected. Such corrections, however, shall not invalidate any
certification or appointment made previously.
RULE 5
ELIGIBILITY LISTS
5.1 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS
It shall be the duty of all appointing authorities to notify the Director of Human
Resources as far in advance as possible of vacancies which may occur in their
departments. The Director of Human Resources shall establish and maintain
necessary eligibility lists in order to provide an adequate supply of qualified
candidates to fill vacancies for all positions in the classified service.
5.2 TYPES OF ELIGIBILITY LISTS
a. Original Appointment List
Applicants who have achieved the required eligibility ratings in an entrance
examination (open competitive or open continuous) shall have their names
placed on an original appointment list for the job title, arranged in order of
final qualifying grade received, from highest to lowest. Whenever two or more
candidates have equal ratings, their names shall be arranged on the list in the
order in which their applications were received.
b. Employee Lists
Employees who achieve the required eligibility ratings on employee
examinations shall have their names placed on an employee list for the job
title, arranged in order of final qualifying grade received, from highest to
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lowest. Whenever two or more persons have equal final ratings, they shall be
treated equally and placed on the list with the same rank.
c. Restoration List
Employees who displace other employees serving in a lower job title of the
same general class and employees who are recalled to a position in a lower
job title other than that occupied immediately prior to layoff shall have their
names placed on a restoration list for the general class of the position held
immediately prior to layoff or displacement. Names on such restoration lists
shall be arranged in order of seniority as defined in Rule 11.2.
d. Recall Lists
Employees laid off from a regular appointment in the classified service of the
District shall have their names placed on a recall list for the general class of
the position held immediately prior to the layoff. Names on such recall lists
shall be arranged in order of seniority as defined in Rule 11.2.
5.3 CONSOLIDATION OF LISTS
A new examination may be held for a job title for which an eligibility list already
exists if, in the opinion of the Director of Human Resources, the needs of the District
would be better served thereby. Applicants and employees remaining on the prior list
shall be placed on the new list in accordance with their previous ratings as though
they had taken the new examination, but such applicants and employees shall be
removed from the list at the expiration of the original eligibility list period. If a new
examination is announced six (6) months or longer after the initial examination, such
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applicants and employees may, however, elect to be re-examined and have their
names placed on the new list in accordance with the new rating, thereby invalidating
the prior certification.
5.4 USE OF RELATED ELIGIBILITY LISTS
An eligibility list for a job title may be assembled from one or more existing related
lists when a vacancy occurs in a job title for which there is no appropriate eligibility
list. The existing related lists utilized shall be only those for job titles which require
qualifications comparable to or higher than those required for the job title in which
the vacancy exists. Training and experience shall be re-evaluated in conformance with
the minimum qualifications required for the job title in which the vacancy exists.
5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY
a. Original Appointment Lists
1. The Director of Human Resources shall determine the period during
which candidates remain on original appointment lists. This period
shall not be less than six (6) months or more than two (2) years from
date of preparation of the eligibility list.
2. Eligibility lists based on open continuous examinations shall
ordinarily be of indefinite duration, but may be terminated by the
Director of Human Resources six (6) months after the last examination
for the position.
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b. Employee Lists
The Director of Human Resources shall determine the period during which
candidates remain on employee lists. This period shall not be less than (3)
months or more than two (2) years from date of preparation of the eligibility
list.
c. Recall Lists
Recall lists shall be continuous for each general class, except that no name
shall remain on a recall list for longer than two (2) years.
d. Restoration Lists
Restoration lists shall be continuous for each general class and shall not be
more than five (5) years in duration.
5.6 AVAILABILITY OF INDIVIDUALS ON ELIGIBILITY LISTS
Individuals on eligibility lists must notify the District Human Resources Department
of address change or any other changes affecting availability for employment.
5.7 REMOVAL OF NAMES FROM LISTS
The Director of Human Resources shall remove a name from any eligibility list or
refuse to certify any name on an eligibility list for any of the following reasons:
a. By written request of the individual on the eligibility list.
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b. Appointment through certification from such list to fill a permanent position;
except in the case of a restoration list, then only if the appointment was to the
position held by the employee immediately prior to layoff or displacement.
c. Appointment through certification from another eligibility list for a job title
at a higher compensation; in the case of a restoration list, if appointed to a job
title at a higher compensation than that received immediately prior to layoff
or displacement.
d. Failure to respond within the time specified to any inquiry or notification from
the Director of Human Resources.
e. Notice by postal authorities of inability to locate the individual on the
eligibility list at the last known address supplied to the District by the
individual.
f. In the case of employee lists or restoration lists, upon separation or layoff
from the District service.
g. Failure to receive appointment after five (5) certifications from an original
appointment list provided an appointment is made from each certification.
h. In the case of an original appointment or employee list, upon second refusal
to accept appointment from any list until the list expires.
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i. For any of the causes stipulated in Rule 4.5.
5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST
An individual who believes his/her name has been improperly removed from an
eligibility list may, within fifteen (15) days of learning of the removal, make a written
request to the Human Resources Director to return his/her name to the list for the
duration of the list. The request shall contain the individual's reasons why his/her
name should be returned to the list. As soon as practical, but in no event later than
thirty (30) days after receipt of such request, the Human Resources Director shall
either return the name to the list or refuse the requested return of the name. The
individual shall be notified of the Human Resources Director's action and if the
decision is unfavorable, the individual may seek review before the Commission as
provided in Rule 15.1.
RULE 6
CERTIFICATION AND APPOINTMENT
6.1 REQUEST TO FILL A POSITION
Whenever a vacancy in any position in the classified service is to be filled, the
appointing authority shall submit a request to fill a position on a form prescribed by
the Director of Human Resources. Insofar as practicable, each vacancy shall be
anticipated sufficiently in advance to permit the Director of Human Resources to
determine who may be available for appointment, and if necessary to establish a job
title or to establish an eligibility list.
6.2 FILLING OF VACANCIES
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Vacancies in the classified service shall be filled through one of the following
procedures, which are listed in general sequence of priority: Involuntary Demotion
(unless performance-related); Reassignment; Restoration; Recall; Promotion,
Transfer and Voluntary Demotion; Reinstatement; and Original Appointment. In
certain cases, emergency, temporary or provisional appointments may be made.
a. Appointment Through Demotion
1. Involuntary Demotion
An appointing authority may demote any classified employee under
his/her direction for disciplinary reasons as specified in Rule 11. In
addition to providing the demoted employee with the notice required
by Rule 11.7, the appointing authority shall also furnish a written
statement of the reasons for such action to the Director of Human
Resources at least five (5) days prior to the effective date of the
demotion.
2. Voluntary Demotion
A regular employee may request a demotion to an existing vacancy for
which he/she is qualified. The employee will be demoted if selected
from an appropriate eligibility list.
b. Appointment Through Reassignment
An appointing authority may reassign an employee under his/her
jurisdiction from one classified position to another classified position in the
same job title after notifying the Human Resources Department of the change
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in position numbers of the incumbents provided that the change in position
is not in the nature of displacement.
c. Appointment from Restoration Lists
Upon receipt of a request to fill a position from an appointing authority, the
Human Resources Department shall determine if a restoration list exists for
the general class of the position. If an appropriate restoration list has been
established, the Human Resources Department shall certify singly the name of
the most senior employee qualified for the position who (1) at the time of
certification is in a lower job title than the position being certified; (2)
immediately prior to displacement was either in a position in the job title
being certified or in a position in a higher job title than the job title of the
position being certified, and (3) has not previously refused to accept
appointment to the job title being certified.
d. Appointment from Recall Lists
If there is no restoration list for the general class of position, the Human
Resources Department shall determine if a recall list exists for the general
class of position. If an appropriate recall list has been established, the Human
Resources Department shall certify singly the name of the most senior
employee qualified for the position who immediately prior to layoff was
either (1) serving in a position in the job title being certified, or (2) serving in
a position in a higher job title than the position being certified.
e. Appointment from Employee Lists
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Upon receipt of a request to fill a position from an appointing authority and
there being no appropriate restoration or recall list established, the Human
Resources Department shall certify all employees whose names appear on an
employee list for the appropriate position in the order in which they appear
on the list. If there are three (3) names or less with examination grades on the
appropriate employee list, the appointing authority may decline the
certification until such time as the Human Resources Department increases
the names either by holding another employee examination or an open
competitive examination, and merging the existing names onto the new list.
f. Appointment Through Transfer
1. Transfer (District Initiated)
An employee may be transferred within a department or between
departments from a classified position to another classified position
in the same pay grade with the prior approval of the Director of
Human Resources and the appointing authorities, when such transfer
is considered to be in the best interest of the District.
2. Transfer (Employee Initiated)
An employee may request a transfer to an existing vacancy for which
the employee is qualified. The employee shall be appointed to the
position if selected from an appropriate eligibility list.
g. Appointment Through Reinstatement
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A vacancy may be filled through the reinstatement of a former classified
employee who had acquired regular status in the District's classified service
prior to his/her resignation, retirement, dismissal, or special leave, or
acceptance of an unclassified position in the District, provided that:
1. Reinstatement shall be effected within two (2) years from the last day
of work performed in the former position.
2. The former employee is fully qualified for the position to which
reinstatement is proposed.
3. The individual will not derive greater rights or privileges as a result of
the reinstatement, than if he/she had continued as a regular
employee.
4. The restoration or recall rights of other employees will not be violated.
5. The Director of Human Resources certifies such former employee is
qualified and eligible in all respects for reinstatement.
6. Reinstatement from military leave after service will be in accordance
with Rule 14.6.
7. No unclassified employee may appoint himself or herself to a
classified position through reinstatement.
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h. Appointment From Original Appointment List
Upon the receipt of a request to fill a position from an appointing authority,
and there being no other list from which to obtain a qualified person, the
Director of Human Resources shall certify up to ten (10) names having the
highest final ratings from the original appointment list. If there are five (5)
names or less on the eligibility list, the appointing authority may decline the
certification. An appointing authority may elect at any time to leave a
position vacant rather than appoint from the eligibility list.
i. Appointments of Limited Duration
Appointments of limited duration may be made to certain types of vacant
positions in the classified service as specified below:
1. Temporary Appointments
When a position in the classified service is limited in duration,
certification shall be limited to the highest-ranking individuals on an
eligibility list who will accept employment under such conditions. No
temporary appointment shall be made for more than a total of six (6)
months, either continuously or intermittently, in any twelve (12) month
period.
2. Emergency Appointments
When an emergency makes it necessary to immediately fill a classified
position in order to prevent stoppage of public business or loss,
hazard, or serious inconvenience to the public, and it is impossible to
promptly fill such position under any other provision of these Rules,
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an appointing authority may appoint any qualified person to such
position without certification from an eligibility list. Any such person
shall be employed only during such emergency, and any such
appointment shall automatically end ninety (90) days from the date of
appointment. If the emergency continues, the appointment may be
extended an additional ninety (90) days, but no individual may be
given more than one such appointment in any twelve (12) month
period.
3. Provisional Appointments
When an appointing authority finds it essential to fill a vacancy in a
position subject to these Rules, and the Director of Human Resources
is unable to certify an individual for such vacancy because there is no
appropriate eligibility list, or because there is an insufficient number
of names on appropriate eligibility lists who are available for
appointment, and there is insufficient time to conduct an examination
to establish an eligibility list, the Director of Human Resources may
authorize the filling of the vacancy by a provisional appointment. A
provisional appointment shall be terminated two (2) calendar weeks
after the Director of Human Resources notifies the appointing
authority that he/she is able to certify the proper number of names
from an appropriate list.
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j. Appointment from Rehire
A rehire is a person not eligible for reinstatement because they have been
separated from the District more than two (2) years.
6.3 OVERLAP OF INCUMBENTS
When the needs of the District justify such action and when the appointing authority
determines that adequate funds are available, an established classified position
which is about to become vacant may be jointly occupied by a second incumbent for
the purpose of training the new appointee.
6.4 CERTIFICATION OF INDIVIDUALS FROM ELIGIBILITY LISTS
a. Order of Certification
Individuals on eligibility lists shall be certified for vacancies occurring in a
job title in order of receipt of requests for certification for employees.
Individuals on eligibility lists shall be certified from the appropriate
eligibility list without regard to sex, except that an appointing authority may
request and receive selective certification limited to one sex, provided the
reason supporting such request is submitted in writing and approved by the
Director of Human Resources as a bona fide occupational qualification.
b. Certification From Related Lists
In the absence of an eligibility list established for the job title , whenever there
are insufficient names on a eligibility list to make a complete certification, the
Director of Human Resources may certify, or augment a certification, from
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eligibility lists for higher job titles to vacancies in lower job titles, or from
eligibility lists for one job title to vacancies in another job title , where he/she
determines that the examination conducted therefore reasonably measures the
ability of the individual to perform the duties of the job title to which
certification is made.
c. Physical Examinations
The Director of Human Resources may establish physical examination
requirements for any job title or classified position. Physical examinations
shall be conducted by regularly licensed practitioners of medicine or surgery
selected by and at the expense of the District to assure that applicants are
capable of performing the essential functions of the respective position with
or without a reasonable accommodation.
RULE 7
PROBATIONARY PERIOD
7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD
Initial service with the District or initial service in a position shall constitute a
probationary period which shall be an integral part of the examination process and
shall be utilized to observe and evaluate an employee's ability and willingness to
satisfactorily perform the duties of the position.
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a. Original Appointment Probation
A minimum of one hundred eighty (180) days of service following original
appointment under the provisions of these Rules shall constitute an original
appointment probationary period. During this period, an employee must
demonstrate ability and willingness to efficiently perform the duties of his/her
position and must display habits and dependability which merit his/her
continuance in the District’s service.
b. Probation Following Promotion
A minimum of one hundred eighty (180) days of service in a classified
position to which an employee has been promoted under the provisions of
these Rules shall constitute a promotion probationary period during which
the employee must demonstrate his/her competency and willingness to
satisfactorily carry out the duties and responsibilities of the position to which
he/she has been promoted.
c. Probation Following Demotion
A minimum of one hundred eighty (180) days of service in a lower position to
which an employee has been demoted (either voluntarily or involuntarily)
shall constitute a demotion probationary period, except that if the employee
is demoted to a position in the same general class as the position held
immediately prior to demotion, the appointing authority may waive the
probationary period following demotion.
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d. Probation Following Transfer
An employee who requests a transfer and is selected from an eligibility list
shall be required to serve a minimum of a one hundred eighty (180) days
probationary period in the new position. A regular employee who is
transferred pursuant to a District initiated transfer shall not be required to
serve a probationary period in the new position.
e. Probation Following Reinstatement
An employee reinstated to a classified position in accordance with Rule 6.2.g.
shall not be required to serve a probationary period if reinstated to a position
for which a probationary period has been successfully completed.
7.2 COMPUTATION OF THE PROBATIONARY PERIOD
a. Computation of the probationary period may include up to ninety (90) days
of provisional or temporary service in the job title immediately prior to
original appointment to that job title and without break in service in that job
title.
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.
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c. Computation of the probationary period shall include all probationary service
in the job title of an employee who while serving his/her probationary
period, displaced another in lieu of layoff and was restored.
7.3 EMPLOYEE EVALUATION DURING PROBATION
Any individual selected for appointment in accordance with these Rules is presumed
to possess the skills and character traits necessary for satisfactory performance of the
position to which he/she is appointed. Appointing authorities should develop and
maintain whatever evaluation procedures and records are necessary to verify these
qualifications during the probationary period. In order to properly evaluate the
certification process, the Director of Human Resources may request that an employee
performance appraisal be conducted at least within ninety (90) days and again prior
to the expiration of the probationary period.
7.4 REMOVAL DURING PROBATIONARY PERIOD
During any probationary period, an appointing authority may remove an employee
if, in his/her judgment, such employee has demonstrated inability or unwillingness
to satisfactorily perform the duties of the position or that his/her habits or
dependability do not warrant his/her continuance in the District service or in the
position. An employee has no right of appeal to the Commission from the decision to
remove him/her during or at the end of the probationary period.
7.5 RETENTION OF EMPLOYEE AFTER PROBATION
An employee shall automatically pass the probationary period, unless the appointing
authority has notified the Director of Human Resources, prior to expiration of the
probationary period, either:
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a. That the services of the employee are unsatisfactory and that the appointing
authority will not continue the employee in his/her position after expiration
of the probationary period; or
b. That the appointing authority has given written notification to the employee
that the probationary period has been extended for a specified period (not to
exceed one hundred eighty (180) days, setting forth the conduct, performance,
traits and/or skills which need improvement.
7.6 FOLLOWING REMOVAL DURING PROMOTIONAL OR TRANSFER
PROBATIONARY PERIOD
An employee who does not successfully complete a promotional or transfer
probationary period shall be placed as follows:
a. In an existing vacancy in the job title in the department occupied immediately
prior to the start of his/her promotional or transfer probationary period.
b. If no vacancy exists as described in subparagraph a. above, to any vacant
classified position in the same pay grade for which the employee is deemed
qualified.
c. If no vacancy exists as described in subparagraphs a. and b. above, the
employee shall temporarily perform duties of a position for which the
employee is qualified until an appropriate vacancy is available, for a period
not to exceed one hundred eighty (180) days. If at the conclusion of the one
hundred eighty (180) days period an appropriate vacancy remains
unavailable, the employee is subject to dismissal.
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7.7 FOLLOWING REMOVAL DURING DEMOTIONAL PROBATIONARY PERIOD
An employee who does not successfully complete a demotional probationary period
shall be placed as follows:
a. In any vacant classified position in the same pay grade as the position held
immediately after the demotion for which the employee is deemed qualified.
b. If no vacancy exists as described in subparagraph a. above, the employee shall
temporarily perform duties of a position for which the employee is qualified
until an appropriate vacancy is available, for a period not to exceed one
hundred eighty (180) days.
7.8 PROMOTION DURING PROBATION
The serving of a probationary period shall not of itself prevent an employee from
being promoted to a classified position in a higher job title, provided he/she is
certified from an appropriate list. The probationary period of the position to which
he/she is promoted shall be as provided in Rules 7.1 and 7.2.
RULE 8
EMPLOYEE CONDUCT AND RELATIONS
8.1 DISCRIMINATION AND FAVORITISM PROHIBITED
No person in the classified service, or seeking admission thereto, shall be appointed
on any basis or for any reason other than qualifications, merit and fitness. No person
shall be dismissed, demoted or suspended without just cause; or because of race, age,
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sex, creed, color, sexual orientation, familial status, ancestry, national origin or
disability unrelated to performance of the position; or because of his/her political,
religious or union affiliations, except affiliations with any group or organization
which seeks or advocates the overthrow of the government of the United States by
force or violence.
8.2 POLITICAL ACTIVITIES
a. Political Contributions
No employee in the classified service shall directly or indirectly solicit,
receive, or be in any manner concerned in soliciting or receiving any
assessment, subscription, or contribution (defined as including money,
property or other items of value) for any political party, club or organization,
or any political purpose whatsoever, nor shall any such employee be required
to make any contribution, under any circumstances, for any political purpose.
b. Political Speeches and Campaigning
No employee in the classified service shall take any part in the management
of any partisan political party or of any partisan election, or accept
appointment as an officer of a partisan political party, club, or organization, or
circulate or seek signatures to any petition for nomination to any partisan
public office, or act as a worker at the polls unless so ordered by the Board of
Election Commissioners, or distribute badges, labels, publicity, or insignia
favoring or opposing a candidate for partisan nomination or election, whether
federal, state, county or municipal.
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c. Political Rights of Employees
No provision in the Charter or in these Rules shall be construed to prohibit or
prevent any employee in the classified service from becoming, or continuing
to be, a member of a political party, club or organization, except affiliations
with any group or organization which seeks or advocates the overthrow of the
government of the United States by force or violence. Nor shall any classified
employee of the District be denied attendance at political meetings, from
enjoying entire freedom from all interference in casting his/her vote, or from
seeking or accepting appointment or election to public office, provided that no
such employee shall hold office in any political party, club or organization, and
provided further that no such employee shall conduct a campaign for
nomination or election to partisan public office unless he/she shall first resign
or enter on a leave of absence, as provided by these Rules.
d. Partisan Political Candidacy
No employee in the classified service shall become a candidate for any elective
partisan public office without first resigning his/her position or obtaining a
leave of absence without pay or accrual of vacation leave and other benefits
provided by the District prior to making a formal announcement that he/she
is seeking nomination or election, beginning the solicitation of votes, or filing
or otherwise qualifying as a candidate for nomination or election, whichever
is earlier. Such leave of absence shall extend through the campaign period and
until it has been officially declared that the candidate has been elected, in
which case the leave of absence must be terminated and a resignation
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submitted. If a candidate, while on such leave of absence, is defeated at such
election, he/she may request reinstatement to his/her position in the
classified service provided that a vacancy exists.
e. Non-Partisan Political Candidacy and Office
Upon written determination by an employee's appointing authority and the
Executive Director that an office and candidacy is non-partisan and will not
conflict with the employee's employment with the District, an employee may
become a candidate for and hold a public office provided that: (i) the
employee's action is voluntary, without coercion from supervisors or
appointing authority; (ii) the employee performs the activities related to the
non-partisan office or candidacy on the employee's own time; (iii) the
employee does not put himself/herself forth as a representative of the District
(including wearing a District designated uniform or District identification) in
performing the activities related to the non-partisan office or candidacy; and
(iv) the election or office remains non-partisan.
f. Authority for Opinions on Political Activity
When in doubt as to whether a proposed activity is banned as political in
nature or could be construed to be a conflict of interest, an employee may seek
an opinion from the General Counsel before engaging in such activity.
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8.3 CONFLICTING EMPLOYMENT
No employee shall receive compensation other than from the District if the receipt of
such compensation either: (1) interferes with, or is reasonably likely to interfere with,
the proper performance of the employee's functions or duties with the District, or (2)
creates, or is reasonably likely to create, a conflict between the interests of the District
and the provider of the compensation. Prior to receipt of compensation from a source
other than the District and at any time after request by the employee's appointing
authority, the employee shall give his/her appointing authority full information
relating to the terms and conditions pertaining to such compensation. If the
appointing authority determines the employee is, or would be, in violation of the
provisions of this Rule, the appointing authority shall take appropriate action.
8.4 FINANCIAL INTEREST
Except on behalf of the District, no classified employee of the District shall have a
financial interest, direct or indirect, in any contract with the District, or be financially
interested, directly or indirectly, in the sale to or by the District of land, materials,
supplies, or services, in a way that could materially conflict with the performance,
independence or judgment of the employee. Such matters shall be examined pursuant
to the conflict of interest policy of the District.
8.5 EMPLOYMENT RELATIONSHIP CONFLICTS
No person shall be employed in any classified position in which he/she works in
regular contact with any member of his/her immediate family, a relative, or a person
with whom he/she resides; supervises or receives supervision from any member of
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his/her immediate family a relative, 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, a relative, or any person with whom he/she resides. No person
shall be employed in any classified position in the Human Resources Department
while any member of his/her immediate family, a relative, or a person with whom
he/she resides is in the employ of the District, and no person shall be employed by
the District while any member of his/her immediate family, a relative, or a person
with whom he/she resides is employed in the District's Human Resources
Department. The Executive Director is authorized to determine the appropriate action
to accomplish compliance with this section.
8.6 ATTENDANCE AND REPORTS OF ABSENCE
All employees in the classified service shall be in attendance at their work during
their regularly-scheduled working hours, subject to other provisions of these Rules.
Employees shall notify their immediate supervisor or other designated persons of
their inability to report to work no later than their regularly-scheduled starting time.
Failure to give such notice without good reason shall subject the employee to loss of
pay for the period of absence. An employee who is absent from work three (3) or more
consecutive working days without notice shall, unless he/she is incapable of
providing such notice, be considered as having resigned from District service.
8.7 EMPLOYEE CONTACT INFORMATION
All employees are required to keep up-to-date contact information on file with the
District’s Human Resources Department.
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8.8 MEDICAL EXAMINATIONS AND INQUIRIES
The District may require a medical examination (and/or inquiry) of an employee
which is job related, consistent with business necessity and consistent with District
policies. The District may make inquiries into the ability of an employee to perform
job-related functions. The District will request medical examinations and make
inquiries in a manner that is consistent with all applicable state, federal and local laws.
RULE 9
PERFORMANCE MANAGEMENT
9.1 ESTABLISHMENT OF SYSTEM
The Director of Human Resources shall develop a performance management system
covering the classified personnel of the District. The Director of Human Resources
shall submit recommendations as to the types and methods of appraisal to the
Commission for its approval within the standards hereby established. No system of
performance appraisal shall be established without Commission approval.
9.2 PURPOSES OF SYSTEM
The purposes of the employee performance management system are as follows:
a. To provide procedures whereby uniform methods of evaluating employees are
used to improve the effectiveness of the work force.
b. To strengthen supervisor-employee relationships.
c. To record for the employee’s benefit those areas, which in the judgment of the
supervisor, either merit commendation or require improvement.
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d. To assist in establishing eligibility for pay increases.
e. To evaluate the performance of employees serving probationary periods.
f. To assist in establishing eligibility for promotions or transfers.
g. To assist in the selection of employees for specialized training.
9.3 FREQUENCY OF PERFORMANCE APPRAISAL
An employee performance management system shall provide for the frequency of
appraisals as follows:
a. Performance Appraisals of Regular Employees
The work of classified regular employees shall be appraised at least annually,
and may be appraised on an interim basis at the discretion of the appointing
authority or the Director of Human Resources.
b. Performance Appraisals of Probationary Employees
The work of probationary employees shall be appraised at intervals during
the probationary period and immediately prior to the completion of the
probationary period, as defined in Rules 7.1 and 7.2.
c. Performance Appraisals of Temporary Employees
The work of temporary employees may be appraised at the discretion of the
appointing authority or the Director of Human Resources.
d. Performance Appraisals of Reassigned & Reallocated Employees
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The work of employees whose position, assignment, job grade or job title
changes due to a reassignment or reallocation shall be appraised at least
annually following the date of such reassignment or reallocation.
9.4 ADMINISTRATION OF SYSTEM
An employee performance management system shall provide for:
a. Preparation of such appraisals by supervisors on the form and at the times
designated by the Director of Human Resources.
b. Mandatory provisions for discussion, between the employee and the
supervisor doing the appraisal, of appraisals which become a part of the
employee's record along with any comments by the employee on the appraisal.
Employee’s record will be kept pursuant to the District’s Information
Governance Program.
RULE 10
HUMAN RESOURCES FORMS, RECORDS AND REPORTS
10.1 HUMAN RESOURCES (HR) FORMS & RECORDS
The Director of Human Resources shall prescribe forms for maintenance of employee
records and shall inform all department heads which HR transactions must be
reported.
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10.2 HR RECORDS
The Director of Human Resources shall be responsible for the maintenance of all HR
records (electronic and otherwise) and for records associated with the administration
of the merit system.
a. Examination Records
The Director of Human Resources shall abide by the District’s information
governance policies for all types of employee records, examination records,
applications and test materials.
b. Department HR Records and Reports
Each department shall maintain and promptly provide to Human Resources
all HR records in such form and content as shall be specified by the Director
of Human Resources after consultation with department directors.
c. Director of Human Resources Records and Reports
The Director of Human Resources shall prepare and maintain records for each
employee, which include, but are not limited to, an employee’s personal
information, job history, salary history, annual leave accrual, and any other
pertinent data. At least annually, the Director of Human Resources shall
prepare and submit to the Commission a report in such form and on such
dates as shall be specified by the Commission on all personnel matters within
the jurisdiction of the Commission.
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d. Availability of HR Records
The Director of Human Resources shall comply with applicable provisions of
law relating to inspection and copying of HR records containing information
relating to employees or of applicants for employment; files, statements,
reports, correspondence and other materials in connection with and related to
investigation conducted under these Rules; and medical records and
examination materials, including test questions, data and examination papers
and records relating to competitive examinations conducted and held by the
Director of Human Resources.
RULE 11
LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION
11.1 SENIORITY
Every regular employee shall have seniority of employment in the classified service
except as otherwise provided in these Rules.
11.2 LAYOFF
a. When Permitted
An appointing authority, with Executive Director approval and upon
notification to the Director of Human Resources, may lay off an employee
when necessary for reasons of shortage of work or funds, the abolition of the
position, material change in the duties of the position through reorganization
or for other related reasons which are outside the employee's control, and
which do not reflect discredit on the service of the employee. An appointing
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authority shall furnish to the Human Resources Director a detailed
description of the essential qualifications, experience, knowledge, licenses and
skills of all positions prior to the layoff.
b. Order of Layoff
1. Temporary, emergency and provisional employees shall be terminated
from the District prior to any regular employee being laid off from a
position in the general class of the temporary, emergency and
provisional employee. Regular employees shall be laid off according
to seniority, with the most recently appointed employee to be laid off
first.
2. With respect to layoff, restoration and recall, “seniority” means status
attained by an employee as a result of continuous service.
Computation of seniority shall not include time worked in excess of the
employee's regular work schedule.
If two or more employees have the same seniority, the employee with
the earliest application receipt date shall be deemed the senior
employee. If employees have the same seniority and the same
application receipt date, the Human Resources Department shall use a
lottery system to determine the relative seniority between those
employees.
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3. The layoff procedure shall be by job titles within a department.
c. Notice of Layoff
After consulting with the Director of Human Resources, the appointing
authority shall give fourteen (14) days advance written notice of layoff to the
Director of Human Resources and the employee, and shall certify therein that
the layoff is for reasons not reflecting discredit on the employee.
d. Position After Layoff
An employee laid off while occupying a position obtained through recall,
displacement or restoration shall be deemed to have been laid off from the
position held immediately prior to the earliest layoff or displacement.
11.3 DISPLACEMENT
a. Procedure
An employee who is to be laid off may displace the least senior employee in
his/her own department serving in the same job title. If an employee who is
to be laid off cannot displace another employee in his/her own department
serving in the same job title , he/she may displace the least senior employee
in the next lower job title in the same general class in his/her department in
which there is an employee less senior than the employee. If all displacement
rights within his/her own department have been exhausted, an employee who
is to be laid off may displace the least senior employee in the same job title in
the District who has less seniority than the employee or if still unable to
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displace, an employee who is to be laid off may displace the least senior
employee in the next lower job title in the same general class in the District;
provided, however, that if the displacing employee had one or more potential
displacement opportunities in his/her own department but lacked the
seniority to achieve the displacement, then he/she shall not be placed in
another department in any job title higher than the lowest job title for which
there was a potential displacement opportunity in the employee's original
department.
b. Failure to Meet Qualifications or Requirements
If it is deemed by the Human Resources Director that the displacement rights
of an employee place him/her in a job title in which he/she does not meet
the special training, knowledge, skill or licensure requirements of a position,
such employee will be afforded the opportunity to decline placement to that
job title . In this situation only, the employee will be placed in the next lowest
job title in which there is a displacement opportunity and the special skill
requirements are met.
c. Evaluation After Displacement
After displacing another employee, an employee must be able to successfully
perform the duties of the position. Within sixty (60) days after displacement,
the appointing authority may evaluate the performance of the employee and
if an employee fails to successfully perform the duties of the position, he/she
shall be laid off from the position held prior to displacement.
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11.4 RESTORATION/RECALL
a. Procedure
The District will make all reasonable efforts to restore those employees who
displaced other employees to their original classification if the District
determines that the circumstances which caused the displacement no longer
exist. The District will give displacing employees priority, by seniority, over
other displacing employees in accordance with Rules 5 and 6. The District will
give priority to displacing employees over employees on the recall list in
accordance with Rules 5 and 6.
The District will make all reasonable efforts to place a laid off employee in the
original classification previously held by that employee if the District
determines that the circumstances which caused the layoff no longer exist. The
District will give recalled employees priority, by seniority, in accordance with
the provisions of Rules 5 and 6.
b. Evaluation After Recall
Within sixty (60) days after recalling an employee to any position other than
the position held by the employee immediately before any displacement or
layoff, the appointing authority may evaluate the performance of the
employee, and if the employee fails to successfully perform the duties of the
position, the employee will be laid off from the employee's position held
immediately prior to any displacement or layoff.
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c. Evaluation After Restoration
Within sixty (60) days after being restored to any position, other than the
position held by the employee immediately before any displacement or
layoff, the appointing authority may evaluate the performance of the
employee and, if an employee fails to successfully perform the duties of the
position, the employee shall be placed in the job title occupied immediately
prior to the restoration or in any lower job title in his/her general class for
which the employee is qualified. The employee's salary shall be the same as
the salary received immediately prior to restoration. The employee may be
assigned temporary duties as the appointing authority directs.
11.5 DISABILITY
The District prohibits unlawful discrimination on the basis of disability. An employee
may be separated from the District service if he/she cannot perform an essential
function of his/her job with or without a reasonable accommodation. Reasonable
accommodations that do not cause undue hardship for the District will be provided
in a manner that is consistent with all applicable state, federal and local laws.
11.6 DISCIPLINARY ACTION
All District employees will be subject to disciplinary action as provided for by District
policies and these Rules.
a. Types of Disciplinary Action
1. Reprimand
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An appointing authority or his/her designee may issue an oral or
written reprimand to an employee for disciplinary reasons. The
appointing authority or his/her designee shall report any written
reprimand, and should make a record of any oral reprimand as part of
the employee’s service record by forwarding a written memorandum
to the Director of Human Resources for inclusion in the employee’s
file and provide a copy of the memorandum to the employee. The
document should describe the occurrence(s) and summarize the action
taken or recommended to correct the situation.
2. Suspension
An appointing authority may suspend an employee without pay for
disciplinary reasons. Such suspensions shall not exceed ten (10)
working days for one offense.
3. Demotion
An appointing authority may demote an employee to a position in a
lower pay grade for which the employee is qualified when dismissal is
not considered appropriate.
4. Dismissal
An appointing authority may dismiss an employee when discipline
fails or when an employee commits a serious violation of District
policies or these Rules, such as any of the following, offered by way of
illustration and example only and not an exhaustive list: fighting;
insubordination; theft or attempted theft; falsification of District
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records or falsification of material fact in application for employment
or examination; unauthorized possession of a weapon on District
property; drinking alcoholic beverages on duty, or having alcohol or
drugs in one’s system in violation of the District’s Substance Abuse
Policy.
b. Reasons For Which Disciplinary Action May Be Taken
The following reasons shall constitute sufficient cause for disciplinary action,
although such action may be based upon reasons other than those enumerated.
1. Willful violation of the provisions of the Charter, these Rules, or
policies of the District.
2. Failure to perform assigned functions and duties in a timely, efficient
and competent manner.
3. Failure to attain or maintain required levels of training, knowledge and
skill, and all required licenses.
4. The employee has been careless or negligent in the use or care of
District or contractor property or has, without authorization, used or
allowed the use of District or contractor property for personal benefit
or the benefit of others.
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5. Conduct which interferes with the efficient operation of a department
including, but not limited to, the following offered by way of
illustration and example only: excessive absenteeism and/or tardiness;
leaving the job without permission; sleeping or loitering while on duty;
failure to report absences; using District resources inappropriately; or
excessive attention to personal matters on District time.
6. Refusal to perform a reasonable amount of overtime when directed to
do so by a proper supervisor.
7. Failure of an employee on stand-by duty to be available for and/or
respond to a call for emergency duty.
8. Abusive, disrespectful, intimidating, belligerent, bullying or other
inappropriate, aggressive or offensive conduct or language toward
fellow employees, supervisors, or the public; fighting or horseplay
while on duty.
9. Unauthorized possession of a weapon on District property or while on
duty.
10. Theft, attempted theft, or unauthorized removal of District or
contractor property, or property of fellow employees.
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11. In accordance with the Substance Abuse Policy, having alcohol in one’s
system in excess of the levels prescribed in the District’s Substance
Abuse Policy when reporting for duty, on duty or on District premises;
possession of opened container(s) of alcohol while on District property
or while on duty is prohibited. Having sealed container(s) of alcohol
on District premises must have permission from a supervisor and are
prohibited in District vehicles at any time.
12. In accordance with the Substance Abuse Policy, the unlawful
manufacture, use, possession, distribution, sale or offering for sale of
any drug not legally obtainable or not legally obtained or used while
on duty or on District property or having such drugs in one's system
while on duty.
13. Criminal, dishonest, scandalous or disgraceful conduct on or off duty
where such conduct reflects unfavorably upon the District.
14. Violation of any reasonable official order; failure to carry out or willful
refusal to obey any lawful and reasonable directions made and given
by a proper supervisor; insubordination; violation of any departmental
or District policy.
15. Falsification of District records, documents, reports, time cards or
work schedules; or falsification of material fact in an investigation or
on application for employment or in examination.
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16. If any employee shall willfully refuse to testify or answer any questions
relative to the matter being heard by the Commission on any grounds,
or knowingly gives false testimony, he/she shall be dismissed from the
classified service.
17. Violation of other reasonable rules, policies or regulations governing
conduct which may be promulgated by the District.
18. Behavior or conduct that constitutes harassment, discrimination or
retaliation of any kind or is otherwise in violation of the District’s Equal
Employment Opportunity and Workplace Harassment Policy.
c. General Provisions
1. Nothing in this section shall be construed to supplant or in any way
affect any prosecution that may be initiated under any other provision
of public law relating to the nonfeasance, malfeasance, or misfeasance
of public officers.
2. Disciplinary action shall be determined by the Executive Director, the
appointing authority or Director of Human Resources. Such action
shall be commensurate with the offense.
11.7 NOTIFICATION OF SEPARATION AND DISCIPLINARY ACTION
A regular employee in the classified service who shall be discharged, demoted, or
suspended shall be presented, either in person or by certified or registered mail to the
last known address, with written reasons for the District's action within five (5)
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workdays after the effective day of the District's action. The appointing authority, in
any such case, shall give the employee a written statement setting forth in substance
the reasons therefore and shall file a copy of such statement with the Director of
Human Resources.
RULE 12
CLASSIFICATION PLAN
12.1 EXISTING PLAN RESERVED
The adoption of these Rules shall not repeal the existing classification plan, which
was adopted under Rules hereby superseded. Proposed amendments to any existing
classification plan, when approved by the Commission, shall be submitted to the
Board and shall become effective upon the effective date of the ordinance authorizing
the amendment.
12.2 ADMINISTRATION OF CLASSIFICATION PLAN
a. Allocation of Positions
The Director of Human Resources shall allocate each position in the classified
service to its appropriate job title, placing in each such job title those positions
which are substantially so similar with respect to difficulty, responsibility, and
character of work as to require generally the same kind and amount of training
and experience for proper performance and placement within the established
salary range for the job title.
In making such allocations, he/she shall provide for the uniform application
of the classification plan to positions under different appointing authorities.
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b. Establishment of Positions
The request for a new classified position shall be initiated by the appointing
authority in the manner and on the form specified by the Director of Human
Resources. No person shall be appointed to, employed or paid in a new
position in the classified service until the position has been approved by
ordinance and allocated to an appropriate job title and the Director of Finance
has certified as to fund availability.
c. Reallocation of Positions
Whenever the Director of Human Resources finds that a classified position
has been improperly allocated or reallocated or that the duties of an existing
classified position are so changed that the position in effect has become one
of a different job title from that to which it is allocated, the Director of Human
Resources shall allocate or reallocate the position to the appropriate job title.
Such allocation or reallocation shall operate to abolish the existing position
and to create a new position of the appropriate job title.
d. Status of Incumbent When Position is Reallocated
An employee who is occupying a classified position which is reallocated to a
different job title shall continue in the position, except, that in any case in
which a classified position is reallocated to a higher pay grade, the incumbent
of such position may attain regular status in the job title only if he/she
achieves a satisfactory grade on a qualifying examination of fitness for the job
title to which his/her position was reallocated. If a reallocation results in the
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assignment of a classified position to a job title in an equal or lower pay grade
, the incumbent may continue to hold the position if he/she meets the
minimum requirements for the new job title.
e. Review of Allocation and Reallocation
If an employee or appointing authority believes that a classified position has
been improperly allocated or reallocated, that there is a need for a new job
title, or that the duties of an existing classified position are so significantly
changed that the position in effect has become one of a different job title, and
that the duties have been performed for at least one year, he/she may ask that
the Director of Human Resources review the classified position. The Director
of Human Resources may hold a special hearing to determine the facts in
each case, and shall make his/her decision on the basis of the written statement
and information submitted by the employee and appointing authority and on
the facts brought out in the hearing.
12.3 JOB DESCRIPTIONS AND CLASSIFICATION
a. Contents of Job Descriptions
The Director of Human Resources shall prepare and maintain current written
job descriptions for all job titles in the classification plan. Each of the job
descriptions shall include: the job title code; the designation of the general
class into which the job title falls; the job title; a general statement of the main
characteristics of the job title; typical examples of duties of positions in the
job title; minimum qualification and requirements in terms of training,
experience, knowledge, skill, ability and applicable licenses.
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b. Interpretation of Job Descriptions
The statements in the job descriptions shall be descriptive of the nature of the
work. The job descriptions are not to be so strictly interpreted as to limit the
authority of an appointing authority to assign, direct and control the work of
employees under his/her supervision. The use of a particular expression or
illustration in describing the duties shall not be held to exclude other tasks not
mentioned that are of similar kind, level or scope, nor shall any specific
omission necessarily mean that such factor is not included. All job
descriptions shall be interpreted so as to allow incidental performance of
duties of similar job titles of an equal or lower pay grade and to permit, on an
occasional or incidental basis, the supervision of a small number of employees
of a lower pay grade.
c. Use of Job Descriptions in Allocation and Reallocation
In determining the job title to which a classified position should be allocated
or reallocated, the description of such job title shall be considered in its
entirety and in relation to the descriptions of other job titles in the
classification plan.
d. Use of Minimum Qualifications Statements
The minimum qualification statements in each job description establish
minimum standards which must be met by any individual before he/she may
be considered for any appointment in the classified service. Common
alternative combinations of education, training, or experience may be
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considered qualifying if deemed equivalent by the Director of Human
Resources. In addition to the qualification requirements enumerated in the job
descriptions, all job titles shall be deemed to require ability to perform the
essential job functions (with or without reasonable accommodation) for the
position being considered.
12.4 USE OF STANDARD PROCEDURE OF JOB ANALYSIS
A standard procedure of job analysis accepted and approved by the Commission shall
be used to determine the job title of each classified position. Should a subsequent
procedure be adopted with the approval of the Commission, such new procedure
must be applied to all positions in the classified service. The intent of this provision
is to assure that all classified positions shall be assigned to job titles through the use
of identical criteria.
12.5 USE OF JOB TITLES AND CODES
Job titles and/or job title codes shall be used to designate allocated positions in all
official records, vouchers and payrolls. No person shall be appointed to, employed, or
paid in a position in the classified service, unless or until the position has been
approved and properly allocated to a job title established under these Rules.
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12.6 MAINTENANCE OF CLASSIFICATION PLAN
The Director of Human Resources shall ascertain at the time of establishment or
modification of a classified position, and periodically for all classified positions, the
duties, authority, and responsibility of the position through position analysis and
consultation with the appointing authority or his/her designee(s), and, as necessary,
with the incumbents of positions under analysis.
RULE 13
COMPENSATION PLAN
13.1 COMPENSATION PLAN
The compensation of all classified employees shall be established within the salary
ranges of the appropriate pay grades prescribed by ordinance for the respective job
title, or other compensation prescribed by ordinance, subject to the provisions of this
Rule. Wage adjustments affecting the minimum and maximum rates of the salary
ranges will be approved by the Commission and the Board of Trustees, taking into
consideration wages and working conditions offered by comparable employers
operating within the District.
13.2 BASIS OF PAY RATES
a. Compensation of Full-Time Employees
All classified regular and probationary full-time employees shall be paid
biweekly or hourly rates within the salary ranges prescribed for their
respective job titles, subject to other provisions of this Rule. Biweekly rates
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are based on full-time employment on normal work schedules as specified for
the various job titles.
b. Compensation of Temporary Appointees
Temporary appointees shall be paid for the number of hours worked at the
hourly rates equivalent to the pay grade of the salary range specified for their
respective job titles. The Director of Human Resources, after conferring with
the appointing authority, shall determine the appropriate rate within the pay
grade.
c. Hourly and Daily Rates of Temporary Employees
On certification by an appointing authority that the permanent employment
of certain employees under his/her jurisdiction is not feasible because of the
temporary or intermittent nature of the work, or because of the nature of the
duties of the position, the Executive Director may authorize the payment of
hourly, daily or per performance rates for the positions occupied by the
employees concerned. Such employees shall not be entitled to take leave and
other benefits granted regular employees. Such employees shall, in the
absence of notice not to report, be paid for at least two (2) hours of work when
they report for work on time; four (4) hours if work is started but discontinued
for reasons beyond the control of the employee before one-half (½) workday is
completed; and eight (8) hours if work is started but discontinued for reasons
beyond the control of the employees after one-half (½) workday is completed.
13.3 PAYMENT OF COMPENSATION
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All compensation for positions in the classified service shall be paid biweekly. Salary
adjustments resulting from step or merit increases, promotions, demotions,
reallocations, displacements, restorations or training program adjustments shall
become effective at the beginning of the pay period during which the action becomes
effective. Performance review dates may be modified in connection with any transfer,
promotion, reallocation, and demotion. In the event that an employee is separated
from the District, is laid off or has been employed for temporary or emergency work,
the Director of Human Resources may authorize that the employee be paid upon
separation, layoff or cessation of temporary or emergency work without waiting for
the regular biweekly pay date of the District.
13.4 ENTRANCE PAY RATES
a. Starting Rate on Initial Employment
Original appointment to any classified position within the B and BT
Schedules shall normally be made at the entrance rate of the salary range.
Original appointment to any classified position within the A or C Schedules
shall normally be made within the first quartile of the salary range. However,
upon recommendation of the appointing authority and the Director of
Human Resources, and with approval of the Executive Director, original
appointment may be made at a higher rate if the appointee has exceptional
qualifications, or qualified candidates are not available at the entrance rate or
within the first quartile, and after review of the rates of incumbents of the job
title involved.
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b. Starting Rate on Reinstatement
An employee reinstated to the same job title, except one returning from
military leave, may be paid a rate in the salary range corresponding to the
relative level attained within the salary range at the time of his/her
resignation, retirement, dismissal, special leave or acceptance of an
unclassified position in the District.
c. Starting Rate on Return from Military Leave
An employee reinstated from military leave to a classified position previously
held, or to a similar classified position at the same grade, shall be paid at the
rate within the salary range to which he/she would normally have been
advanced had he/she not been placed on military leave.
d. Starting Rate of Displacing Employees
If an employee displaces another employee in a lower job title, the employee's
pay rate shall be adjusted as follows:
Pay Schedules B and BT
Employees in Pay Schedules B and BT 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
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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 Schedules B and BT Employees
The rate of the grade and step occupied by the employee immediately
prior to displacement or layoff.
For Schedules A and C Employees
The employee's salary rate immediately prior to displacement or
layoff, calculated with respect to the employee's rate immediately prior
to displacement.
2. Position Lower Than Original Position
When an employee is restored to a position lower than his/her
position immediately prior to displacement or layoff, his/her pay rate
shall equal the following amount:
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For Schedules B and BT Employees
The rate for the highest grade and step for the position to which the
employee is restored which is less than the employee's grade and step
immediately prior to displacement or layoff.
For Schedules A and C Employees
The highest rate for the position to which the employee was restored
provided, however, that said rate does not exceed 95% of the
employee's salary immediately prior to displacement or layoff.
f. Starting Rate on Recall
1. Original Position
When an employee is recalled to his/her position occupied
immediately prior to layoff, his/her pay rate shall equal the following:
For Schedules B and BT Employees
The rate of the grade and step occupied by the employee immediately
prior to displacement or layoff.
For Schedules A and C Employees
The employee's salary rate immediately prior to layoff, calculated with
respect to the employee's salary rate immediately prior to
displacement or layoff.
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2. Position Lower Than Original Position
When an employee is recalled to a position lower than his/her
position immediately prior to layoff, his/her pay rate shall equal the
following:
For Schedules B and BT Employees
The rate for the highest grade and step for the position to which the
employee is recalled which is less than the employee's grade and step
immediately prior to displacement or layoff.
For Schedules A and C Employees
The highest salary in the salary range of the position to which the
employee is recalled, provided that such salary does not exceed 95% of
the employee's rate immediately prior to displacement or layoff.
g. Starting Rate on Promotion
The starting rate upon promotion shall be as follows:
1. An employee promoted to a classified position in Pay Schedules B and
BT shall be placed in the lowest step in the higher salary range which
will provide the employee a minimum increase equivalent to one (1)
regular pay increment over the rate received immediately prior to
promotion.
2. An employee promoted to a classified position in Pay Schedules A and
C shall be placed in a rate in the higher salary range which will provide
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the employee with an increase of at least 5% over the rate received
immediately prior to promotion.
h. Rate of Pay on Transfer or Reassignment
An employee assigned to a classified position not previously held, when such
change is not a promotion or demotion, shall receive the same rate in the
salary range as he/she had received in the previous classified position.
i. Rate of Pay on Demotion
An employee who is demoted to a classified position will receive any rate in
the lower salary range, designated by the appointing authority.
j. Rate of Pay Following Unsuccessful Promotional Probationary Period
An employee who does not successfully complete the probationary period
following a promotion, and who is returned to his/her former job title or to
another job title in the same pay grade, shall have his/her pay reduced to the
rate received immediately before the start of the promotional probationary
period.
k. Rate of Pay on Reallocation
1. An employee occupying a classified position which is reallocated to a
job title in a salary range which has a higher maximum rate shall
receive a salary adjustment in accordance with Rule 13.4 g.
2. In the event of the reallocation of a classified position to a job title in
a salary range which has a lower maximum rate, the affected
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employee's rate of pay shall not be reduced. However, if the employee's
rate of pay is greater than the maximum rate for the job title to which
the position has been reallocated, the employee shall not be entitled to
any salary increase until the maximum rate of the job title exceeds the
employee's rate of pay.
3. Reallocation of a classified position from one job title to another job
title with the same maximum rate shall not affect the rate received by
the employee.
13.5 WORKING HOURS
a. Regular Working Hours
The Executive Director shall prepare a schedule of normal working hours per
week for each position in the District which, when approved by the
Commission, shall constitute the normal number of weekly hours of work.
The normal workday shall be not less than seven and one-half (7 ½) hours per
day, nor more than eight (8) hours per day, and the normal work week shall
be five (5) days per week unless other arrangements are submitted by
Department heads and agreed to by the Executive Director and the
incumbents involved. Department heads shall arrange the time for reporting
to work, for lunch breaks, and for quitting work of the employees under their
supervision so that the employees shall be actually engaged on duty for not
less than the minimum number of hours required.
b. Overtime
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Department heads may prescribe reasonable periods of overtime work to meet
operational needs. Such overtime work shall be authorized only when
absolutely necessary and only when it is in the best interest of the District, or
necessary to a department's efficient operation. Whenever possible and in the
best interest of the District, overtime shall be distributed equally among those
employees in the department, or other organizational unit, qualified to
perform the work required. Refusal to perform a reasonable amount of
overtime when directed to do so by a proper supervisor, failure to report all
hours worked, or performing work without prior approval shall subject the
employee to appropriate disciplinary action including possible dismissal.
c. Eligibility for Overtime Compensation or Compensatory Time for Schedule A,
B, & BT Employees
Classified employees in job titles allocated to Pay Schedules A, B, and BT
shall be eligible to be paid for authorized overtime work or may elect to receive
compensatory time off in lieu of overtime pay in accordance with the District’s
Overtime/Compensatory Time Policy.
d. Eligibility for Compensatory Time or Overtime Compensation for Schedule C
Employees
Classified employees in job titles allocated to Pay Schedule C that are not
designated as overtime eligible shall not be entitled to be paid for overtime
work, unless so designated by District ordinance, but may be granted
compensatory time off in accordance with the District's
Overtime/Compensatory Time Policy. Classified employees in job titles
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allocated to Pay Schedule C that are designated as overtime eligible shall be
eligible to be paid for authorized overtime work or may elect to receive
compensatory time off in lieu of overtime pay in accordance with the District’s
Overtime/Compensatory Time Policy.
e. Calculation of Overtime
Overtime shall be calculated to the nearest one-tenth (1/10) of an hour.
f. Compensation for Overtime Work
Employees assigned to classified positions in job titles allocated to Pay
Schedules A, B, and BT and those employees in job titles allocated to Pay
Schedule C which are designated eligible for overtime compensation by
District ordinance, shall be paid one and one-half (1½) their regular rates of
pay for all authorized work performed in excess of forty (40) hours per week
or, unless provided otherwise in a revised schedule established pursuant to
Rule 13.5 a., eight (8) hours per day. In lieu of pay for overtime work, such
employees may elect to receive compensatory time off at the rate of one and
one half (1-1/2) times for overtime hours otherwise payable pursuant to this
provision to the extent permitted by the District’s Overtime/Compensatory
Time Policy.
g. Monitoring of Overtime Work
Each department shall monitor all overtime work.
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h. Call-Back Pay
Classified employees in Pay Schedules A, B, and BT and classified employees
in Schedule C designated eligible for overtime pay who are called back to
District facilities or work locations to perform work or render services outside
their regular working hours shall, for each occurrence, be paid a minimum
sum equal to compensation for four hours at the appropriate rate. For non-
bargaining unit employees, an occurrence requiring payment of the four-hour
minimum under this provision shall not include services provided remotely
by phone or electronically without returning to the District’s facilities or work
locations; call back services that are provided without travelling to District
facilities or work locations shall receive a minimum of one and 1/2 hours (1-
1/2) hours of overtime or actual hours worked. The foregoing provision shall
not apply to bargaining unit employees except to the extent agreed. Employees
are not entitled to call back pay for any work performed during continuous
periods contiguous with the employee’s regular working hours. Meals shall
not constitute an interruption of a contiguous period.
i. Stand-by Pay
Employees may be placed on a stand-by basis to provide services during
emergencies. Such stand-by duties shall consist of all off duty hours between
8:00 a.m. Tuesday and 8:00 a.m. the following Tuesday. Overtime-eligible
employees so assigned shall be compensated for such assignment in the
amount of their regular number of hours for one (1) day at their regular rates
of pay for the stand-by period. Work actually performed during such stand-by
assignments shall be compensated as provided in Rule 13.5 e. and f. above.
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Should an employee assigned to stand-by not be available when called for
emergency duty, he/she shall forfeit stand-by pay for the entire period.
13.6 HOLIDAYS
a. List of Holidays
The District shall observe the following paid holidays:
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Presidents' Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans' Day As Designated by Missouri's
Governor
Thanksgiving Day As Designated by U.S. President
Thanksgiving Friday The Friday following Thanksgiving
Day
Christmas Day December 25
Special Holidays Other days designated by the Executive
Director and approved by the board of
trustees.
b. Floating Holidays
In addition to the holidays specified in a. above, employees who have
successfully completed their original probationary period will be eligible for
floating holidays pursuant to the District policy.
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c. Holiday Observance
Holidays listed in a. above which fall on Sunday shall be observed on the
following Monday and those which fall on Saturday shall be observed on the
preceding Friday, unless other arrangements are approved by the Executive
Director.
d. Compensation for Observance of a Holiday
All eligible classified employees shall receive their regular compensation for
the date of the holiday observance. Any employee absent without authorized
leave with pay on one (1) or both scheduled workdays immediately preceding
and following the holiday observance date shall not be compensated for the
holiday. If the holiday falls on an employee's regularly scheduled workday,
and the employee is eligible for holiday pay, those holiday hours shall be
credited toward daily and weekly overtime pay.
e. Compensation for Work Performed on Holidays
Classified employees in job titles allocated to Pay Schedules A, B, and BT and
those employees in job titles allocated to Pay Schedule C which are designated
eligible for overtime compensation pursuant to Rule 13.5 c., who are required
to work on a holiday which falls on the employee's regularly scheduled work
day shall receive holiday pay, and in addition, shall be paid one and one-half
(1½) times their regular rates of pay for the time worked. Holiday hours paid
shall be credited toward daily and weekly overtime eligibility requirements.
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13.7 MAINTENANCE OF COMPENSATION PLAN
The Director of Human Resources shall conduct or cause to be conducted a survey of
rates of pay and fringe benefits in the Greater St. Louis and/or other comparable areas.
On the basis of the results of such survey, the Director of Human Resources may
recommend to the Commission changes in the method of evaluating job titles,
changes in the pay grades of all or specified job titles, and changes in the fringe
benefits provided by the District. In addition, the Director of Human Resources shall
recommend changes in the compensation plan on the basis of other data which may
be available and upon the request of the appointing authority or the Commission. All
changes in the compensation plan shall provide for uniform rates of pay for all job
titles in each of the various pay grades.
Each rate of pay shall be determined with due regard to rates of pay for other job
titles, the relative difficulty and responsibility of the characteristic duties of positions
of the job title, the minimum qualifications necessary for successful performance of
the duties of the job title, and all other factors involved in the standard procedure of
job evaluation approved by the Commission.
RULE 14
LEAVES OF ABSENCES
14.1 VACATION LEAVE
a. General Provisions
Vacation leave with pay will be granted to employees under the terms and conditions
specified in this Rule. Vacation schedules shall be established by the
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appointing authorities. Employees with greater continuous service shall,
within their classification and departmental work locations, normally have
first choice for selecting vacation time.
b. Computation of Vacation Leave
An employee's vacation leave shall be computed on the basis of his/her
continuous service.
1. Regular Employees
Regular full-time employees in the classified service shall accrue
vacation in accordance with the following chart:
Length of Service Annual Accrual Maximum Accumulation at End
Of Payroll Calendar Year
Hire Year
Year 1
Year 2
Year 3
Year 4
5 Less than 10 Years
10 Less than 20 Years
20 or More Years
10 Days* 30 Days
11 Days 30 Days
12 Days 30 Days
13 Days 30 Days
14 Days 30 Days
15 Days 35 Days
20 Days 40 Days
25 Days 45 Days
*The number of days awarded shall be prorated based upon the date
of hire rounded up to the nearest full day, with a maximum of 10 days.
An employee is not entitled to the benefit of using accrued vacation
leave until the employee satisfactorily completes their original
probationary period. An employee may not use vacation time during
the original probationary period and an employee terminated prior to
completion of their original probationary period is not entitled to
compensation for accrued vacation.
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2. Temporary Employees
Employees appointed on a temporary, emergency, provisional, hourly
or day rate basis shall not be eligible for vacation benefits.
3. Maximum Annual Accrual
Unused vacation will be rolled over to the next payroll year up to the
maximum allowed provided by Rule 14.1.b.1.
c. Vacation Leave Accrual During Military Service
Employees who are granted military leave from District service based on
competent orders to enter or serve a branch of the armed services of the United
States as described in Rule 14.5.a and Rule 14.5.b, shall continue to accumulate
vacation leave while in the armed service at the same rates as the employee
received immediately prior to the start of the military leave, and subject to the
same schedule and limitations for accrual as if actively employed as set forth
in Rule 14.1.b, and for a period of up to one (1) year following the first
commencement of the military leave; provided however that vesting of such
accumulated vacation leave will be subject to the following requirements:
(i) The employee’s successful completion of the employee’s original
probationary time period as specified in Rule 7.1 and 7.2 if not
completed at the time of the commencement of the military leave; and
(ii) The elapse of one full day of continued service following the
employee’s return from military leave under Rule 14.5.
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d. Restrictions on Granting of Vacation Leave
Employees must schedule and obtain approval in advance for all vacation
leave.
1. Regularly Scheduled Vacation Leave
Employees must submit vacation leave requests no later than the close
of the employee's workday immediately preceding the vacation period;
provided, however, that employees eligible for shift differential must
submit vacation leave requests at least seven (7) calendar days in
advance of the starting date of the vacation period.
2. Emergency Vacation Leave
The appointing authority may grant emergency vacation leave not to
exceed forty (40) hours for employees eligible for shift differential; and
for other employees twenty two and one-half (22-1/2) hours or twenty
four (24) hours, depending on the employee's pay schedule, in any
calendar year when an employee submits a request for emergency
vacation leave based upon substantial emergency. Emergency
vacation leave shall be granted in increments of one-half (1/2) workday
or full workdays.
3. Hourly Increment Vacation Leave
The appointing authority may grant requests for hourly increment
vacation leave. Such requests are contingent upon operational and
scheduling needs, and if a department, division, office or any other
organizational unit is adversely affected by the excessive use of such
hourly increment vacation leave, request for vacation leave of less than
one-half (1/2) workday may be denied. Otherwise, after the initial
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one-hour increment, vacation leave may be taken in 0.1 hour
increments. However, in order that hourly increment vacation leave is
not used to avoid tardiness, an employee must be present at work to
request hourly increment vacation leave. Said request must be made
in person to the proper authority. Employees cannot call from a remote
location to request hourly increment vacation leave at the beginning of
a workday.
4. Vacation Leave to Supplement Workers' Compensation Benefit or
Other Paid Leave
The appointing authority may grant vacation leave in any appropriate
increment to an employee using vacation leave to supplement Workers'
Compensation benefits. The appointing authority may also grant
vacation leave in any appropriate increment to an employee working
in a revised schedule (pursuant to Rule 13.5) in order to supplement
other paid leave.
5. Vacation Leave Upon Exhaustion of Accrued Sick Leave
When an employee has no accrued sick leave, the appointing authority
shall grant vacation and accrued compensatory time, if applicable, for
verified illness in accordance with the terms and conditions of granting
sick leave.
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e. Payment for Unused Vacation Leave
Regular employees, who have successfully completed their probationary
period, who separate or are laid off from the District service shall be paid for
unused accumulated vacation leave, except that if an employee dies while still
actively employed by the District, his/her heirs shall be paid for all unused
accumulated vacation at the time of death.
f. Transfer of Unused Vacation Leave
Classified employees who change positions, without a break in continuous
service, shall carry their accrued vacation credit to their new position.
14.2 EDUCATIONAL LEAVE
a. An employee may, with appointing authority approval, be granted time off from
his/her duties with full or partial compensation for a period not to exceed five (5)
workdays to attend conferences, meetings, institutes, or special courses, or to visit
other governmental agencies when such activities may be expected to contribute
to the development of the employee's skills or professional development. The
appointing authority may authorize payment, in whole or in part, for tuition,
books, fees, transportation and other related educational expenses.
b. Leave for educational purposes in excess of five (5) workdays may be granted with
the prior written approval of the Executive Director.
14.3 SICK LEAVE
a. Granting of Sick Leave With Pay
Classified employees occupying regular full-time positions shall be granted
sick leave with pay in accordance with the established sick leave policy of the
District, when approved by the employee's appointing authority.
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b. Exclusions from Sick Leave With Pay
The following shall be excluded from sick leave with pay:
1. Employees serving on temporary or emergency appointments.
2. Employees paid on daily, hourly, or per-performance rates.
3. Employees who have served less than ninety (90) days since the date
of original appointment.
4. Employees incapacitated as a result of working on another job.
5. Employees who have failed to notify their immediate supervisors as
required in Rule 8.6.
c. Control of Sick Leave With Pay
Will be administered in accordance with the guidelines of the established sick
leave policy of the District.
d. Absence Due to Illness in Employee's Household
The appointing authority may grant sick leave to an employee for the purpose
of caring for a relative who resides in the employee's household if such care is
necessary, and if no reasonable alternative care is available. Non-FMLA sick
leave shall not exceed three (3) consecutive working days per instance.
14.4 INJURY ON THE JOB
Employees who suffer personal injury or unusual sickness arising out of and in the
regular course of their employment while in or about the premises where their duties
are being performed, or where their presence is required as a part of their service, shall
during periods of service-connected disability caused by such injury or sickness, be
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granted benefits as set forth in the Workers' Compensation Law of the State of
Missouri.
14.5 MILITARY SERVICE/RESERVE LEAVE
a. With Pay
Upon timely submission of competent orders, all employees who are members
of the national guard or any reserve component of the armed forces of the
United States shall be granted leave with pay, and without loss of any rights
or benefits to which otherwise entitled for all periods of military service during
which they are engaged in the performance of duty or training in service at the
call of the Governor of the State in which the employee serves and as ordered
by the adjutant general without regard to length of time, and for all periods of
military service during which they are engaged in the performance of duty in
the service of the United States under competent orders for a period not to
exceed a total of fifteen (15) workdays in any Federal fiscal year.
Note: The Federal fiscal year runs from October l to September 30.
b. Without Pay
Upon timely submission of competent orders, all employees who are members
of the National Guard or any reserve component of the Armed Forces of the
United States and who are engaged in the performance of duty in service of
the United States under competent orders for an extended or indefinite period
of time shall be granted leave without pay until such military service is
completed without loss of position, seniority, accumulated leave (subject to
the maximum accrual of vacation leave under Rule 14.1.b), impairment of
performance appraisal, pay status, work schedule (including shift, working
days and days off assigned at the time the leave commenced) and any other
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right or benefit to which the employee is entitled and no retirement benefits
shall be diminished or eliminated because of such service. This Rule is subject
to any limitations set forth by state law or federal law.
c. Physical Examination for Military Purposes
When an employee is summoned to appear for a physical examination by a
branch of the armed services of the United States and must report for such
examination during his/her regularly scheduled working hours, such absence
shall be considered sick leave.
14.6 MILITARY LEAVE AFTER SERVICE
A regular or probationary employee inducted into the Armed Forces of the United
States by competent orders for training and service who leaves a position with the
District for the purpose of performing such training and service shall be granted
military leave of absence without pay for a period not to exceed ninety (90) days
beyond the date of termination of such military service or release from hospitalization
continuing after the date of termination of not more than one year.
If such employee satisfactorily completes his/her military service and makes timely
application for re-employment within the period of leave described above, the
employee shall:
a. If still qualified to perform the duties of the position or able to become
qualified with reasonable efforts of the District, be reinstated to the position
he/she occupied at the time his/her military leave commenced or to a position
of like seniority, status and pay.
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b. If the employee is not qualified for such position or not able to become
qualified with reasonable efforts of the District, by reason of service incurred
disability, but is qualified to perform the duties of another classified position
in the District service, he/she shall be reinstated to such other position as will
provide like seniority, status and pay, or the nearest approximation thereof.
c. If the job title or classified position to which the employee has reinstatement
rights has during the period of military service been in any way altered,
combined with another job title, or abolished, the employee shall be reinstated
to a classified position in a comparable job title for which he/she is qualified,
which will provide him/her like seniority, status and pay. If no such vacant
position exists, a vacancy shall be created -- if necessary by demotion or layoff
of another employee in accordance with these Rules.
d. Failure of the employee to apply for reinstatement within the time specified
in this Section or otherwise qualify for reinstatement shall result in
termination of the leave of absence and the employee shall be considered as
having resigned from the District on the last day of active employment.
14.7 BEREAVEMENT LEAVE
When a death occurs within an employee's immediate family, or to a relative who
resides within the employee’s house, he/she may request paid leave in accordance
with this paragraph. Upon approval of his/her appointing authority, an employee
may receive such leave which shall not exceed four (4) workdays (a maximum of
thirty-two [32] hours) within the fourteen (14) day period commencing with the day
of death.
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14.8 ABSENCE FOR VOTING
Employees are encouraged to vote outside of working hours. If work schedules do not
allow three (3) consecutive hours for voting while the polls are open on the day a
public election is held, employees eligible to vote at such election shall, upon request
to department heads prior to the day of election, be allowed time off from work with
pay for the purpose of voting as follows:
a. Employees shall be allowed to report for duty three (3) hours after the opening
of the polls at their voting place; or
b. Employees shall be allowed to leave duty three (3) hours before closing of the
polls at their voting place; or
c. Employees may be allowed to be absent from duty for sufficient time during
duty hours, not exceeding three (3) hours of absence, if the interest of the
department would be served by so scheduling the time off.
Department heads are to schedule such absences so that their department may
operate as efficiently as possible.
14.9 ABSENCE FOR JURY DUTY/WITNESS PAY
When subpoenaed for jury duty, all regular employees of the District shall be allowed
leave with pay for the absence required under such subpoena. In the event an
employee who is not a party to the litigation is subpoenaed to appear in a court of
record as a witness, such employee shall be allowed leave with pay for the time he/she
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is required to attend court. Such employees shall be required to submit proof of
attendance to be entitled to jury leave pay and witness pay.
14.10 LEAVE WITHOUT PAY
An appointing authority may grant an employee leave without pay for a period of
not more than twenty-eight (28) consecutive days after all FMLA and paid leave time
has been exhausted. The appointing authority shall inform the Director of Human
Resources in writing that such leave has been granted.
During such leave without pay, the employee shall accrue and receive all normal
benefits. The employee may not use leave time accrued during this leave until after
returning to work for one full day. The employee shall be returned to his/her original
position if he/she returns to work within such leave period.
14.11 SPECIAL LEAVE
Upon written request by an employee and whenever special leave is considered to be
in the best interest of the District, an appointing authority, with the approval of the
Executive Director, may grant a regular employee a special leave of absence without
pay for a period not more than twelve (12) months following exhaustion of all other
leave provided by these Rules and prior to the exhaustion of the twenty-eight (28) day
leave without pay under Rule 14.10. The terms and conditions of the special leave of
absence shall be presented, in writing, to the employee involved and the Director of
Human Resources. At the expiration of the special leave of absence, the employee,
upon application for reinstatement, shall be accorded re-employment rights as
follows: either (a) where the right to immediate reinstatement upon return was
granted in writing at the time the special leave was approved, immediate
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reinstatement to the position held prior to the leave or a position of comparable status
and pay, or (b) appointment to the first vacancy which occurs, within one (1) year
following application for reinstatement, in any classified position to which his/her
previous service and experience qualify him/her.
14.12 FMLA LEAVE
An employee who has been employed by the District for a total of twelve (12) months
and worked for at least 1,250 hours in the twelve (12) month period immediately
preceding a leave period is entitled to a maximum of twelve (12) weeks Family
Medical Leave Act (FMLA) per year (1) because of the birth of a son or daughter of
the employee and in order to care for that son or daughter; (2) because of the
placement of a son or daughter with the employee for adoption or foster care; (3) in
order to care for the spouse, son, daughter or parent of the employee if the spouse,
son, daughter or parent has a serious health condition; (4) because a serious health
condition makes the employee unable to perform the functions of his/her job; or (5)
to provide necessary assistance to a spouse, son, daughter or parent who is a military
member on covered active duty or called to covered active duty status. An employee
may take up to 26 weeks of unpaid FMLA leave in a single 12-month period, beginning
on the first day the employee takes FMLA leave to care for a spouse, son, daughter, or
next of kin who is a covered service member and who has sustained a serious injury
or illness related to active duty service, as defined in the FMLA regulations (known as
military caregiver leave). If an employee qualifies for military caregiver leave, he/she
is entitled to a combined total of up to 26 weeks of all types of FMLA leave. Upon
completion of FMLA Leave, the employee will be reinstated to the position the
employee held when leave commenced (or any equivalent position) without loss of
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any benefit accrued prior to commencing the leave (but subject to the maximum
annual accrual of vacation leave under Rule 14.1.b). The Director of Human
Resources shall maintain a policy implementing this Rule in a manner consistent with
the Family and Medical Leave Act of 1993.
14.13 ADMINISTRATIVE LEAVE
An appointing authority or the Executive Director may, following a review by the
Director of Human Resources, order the administrative leave with pay of an
employee pending completion of an inquiry, review or investigation for cause as may
be necessary to determine whether an action should occur.
14.14 BONDING LEAVE
Employees who are eligible for and receive FMLA leave for the purpose of caring for
a
newborn child or newly adopted or foster child are also eligible for paid bonding leave
if
they are absent from work to care for the child, as set forth in and to the extent allowed
by the Bonding Leave Policy of the District.
RULE 15
APPEALS AND INVESTIGATIONS
15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR OF HUMAN
RESOURCES
a. General Provisions
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Employees, individuals on eligibility lists and applicants shall have the right
to appeal from administrative decisions of the Director of Human Resources
including any rejection of application, denial of admission to an examination,
examination rating, denial of a request to return name to eligibility list,
allocation or reallocation of position.
b. Procedure for Appeals from Administrative Decisions
The appellant shall notify the Director of Human Resources in writing stating
the reason for his/her complaint or grievance within fifteen (15) days of the
effective date of the action being appealed. Such request shall be forwarded to
the Commission by the Director of Human Resources.
c. Nature of Commission Review of Administrative Decisions
Review of appeals from such administrative actions may be conducted by the
Commission, by a member of the Commission or by a Hearing Examiner
appointed by the Commission, but in any case the Commission shall act upon
a requested review within thirty (30) days of receipt of such written request,
and where appropriate set a hearing date for the appeal. The appellant shall
be given the opportunity to be heard during the review of his/her appeal. The
decision of the Commission shall be final and shall be a condition precedent
to review by the Circuit Court as provided by the Charter of the District.
15.2 APPEALS FROM DISCIPLINARY ACTION
a. General Provisions
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1. A regular employee who is discharged, demoted or suspended
without pay may appeal in writing to the Commission, within fifteen
(15) days after the date of notification provided for in Rule 11.7 herein,
setting forth in substance his/her reasons for claiming that such
discharge, demotion, or suspension was without just cause or because
of his/her age, race, sex, creed or color, disability not related to job
functions or because of his/her political, religious, or union opinions
or affiliations, except affiliation with any group or organization which
seeks or advocates the overthrow of the government of the United
States by force or violence.
2. Appeals shall be addressed to the Director of Human Resources for
the Commission. The Director of Human Resources shall notify the
appointing authority concerned, and the appeal shall be forwarded to
the Commission by the Director.
b. Hearing Procedure
1. In conducting hearings and investigations, the Commission shall act
as a body, but special investigation and detailed work may be
delegated by the Commission to a member or to the Director of
Human Resources.
The decision of the majority of Commissioners shall be the decision of
the Commission.
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Hearings may be held by the Commission, or by one or more members
of the Commission, or by a Hearing Examiner appointed by the
Commission, but the decision shall be rendered by the Commission
after consideration of the evidence submitted in the hearings.
2. All hearings shall be informal and shall not be subject to any technical
rules of order or evidence, except such as the Commission itself may
establish.
3. The Chairperson of the Commission shall preside at the hearing or
shall delegate that responsibility to one of the other members or to the
Hearing Examiner.
4. The appointing authority and the appellant may elect to have legal
counsel or anyone they designate appear in their behalf at such
hearing. However, the District shall not assume responsibility for any
payment to any counsel appearing in behalf of either party except
when the General Counsel of the District (or any one of his/her staff)
is called upon by the appointing authority, and this shall not affect the
payment of his/her regular salary.
5. Hearings involving several appellants having a common issue may be
considered jointly or individually, at the discretion of the Commission.
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6. Failure of the appellant to appear personally or by legal counsel or
other representative at the hearing shall be deemed a withdrawal of
his/her appeal and the action of the appointing authority shall become
final.
7. Failure of the appellant to pursue his/her appeal or to comply with an
order of the Commission relating to an appeal may be deemed by the
Commission a withdrawal of his/her appeal. The appellant shall
cooperate with requests to schedule the appeal hearing. If the appellant
fails to cooperate or to respond to repeated requests to schedule the
appeal hearing, then such appeal shall be considered withdrawn.
Upon such withdrawal, the action of the appointing authority shall
become final.
8. Neither the appellant nor the District shall be allowed more than two
(2) continuances of a scheduled Civil Service hearing date. Failure of
the appellant to appear at the next scheduled hearing, after having
obtained two (2) continuances, shall constitute a withdrawal of the
appeal consistent with Rule 15.2b.6. Failure of the District to appear at
the next scheduled hearing, after having obtained two (2) continuances,
mandates a determination by the Commission in favor of the
appellant.
c. Decision of the Commission
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1. The Commission may affirm the action of the appointing authority or,
if the Commission finds that the action appealed by the employee was
taken by the appointing authority without just cause or because of
his/her age, race, sex, creed, or color, disability not related to essential
job functions, or because of his/her political, religious, or union
opinions or affiliations, except affiliations with any group or
organization which seeks or advocates the overthrow of the
government of the United States by force or violence, such employee
shall be reinstated in his/her former position or a position of like
status and pay, and shall be reimbursed for all or part of any loss of
pay, except that the Commission, at its discretion, may find and order
that such employee shall not be reimbursed for any loss of pay
attributable to any delay caused by employee in having the appeal
heard by the Commission.
2. In cases where an appellant’s hearing results in failure to secure
reinstatement after dismissal, the Commission, taking into
consideration the causes of dismissal, may recommend to the
Executive Director reinstatement with transfer of the appellant to a
comparable classified position in another department, or may with
the approval of the Executive Director place the appellant’s name on
an appropriate eligibility list – provided, however, that there shall be
no reimbursement by the District for any loss of pay suffered by such
appellant as a result of his/her dismissal.
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3. In all cases of appeal from suspensions, demotions and dismissals, the
decision of the Commission shall be final. Copies of the Commission's
decision shall be made available in accordance with applicable law.
15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND PRODUCTION OF
RECORDS
In the course of any hearing or investigation conducted under the provisions of the
Charter or of these Rules, the Commission shall have the power to administer oaths,
to subpoena, to require the attendance of witnesses within the District, and the
production by them of books and papers pertinent to any matter of inquiry, and to
examine such witnesses under oath, in relation to any matter properly involved in
such proceeding. All witnesses so subpoenaed, who are not employees of the District,
shall be entitled to the same fees as are allowed in civil cases in courts of record.
Employees in the classified service of the District shall be required to attend and
testify without subpoena. Such employees shall be paid as if performing their normal
employment including payment of any overtime or compensatory time applicable
under Rule 13.5 but excluding call-back pay. Written notification of any requested
witnesses in the classified service of the District must be submitted to the Director of
Human Resources no later than four (4) business days prior to a scheduled hearing.
If any employee shall willfully refuse to testify or answer any questions relative to the
matter being heard by the Commission on any grounds or knowingly provides false
testimony, he/she shall be dismissed from the classified service.
15.4 INVESTIGATION BY THE COMMISSION
The Commission may, upon its own initiative, make such inquiries and investigations
as it may deem to be warranted regarding the administration and effect of the
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provisions of these Rules and of the Charter, and to make such recommendations to
the Director of Human Resources, Executive Director, or the Board, as in its judgment
may be warranted.