HomeMy Public PortalAboutExhibit MSD 4- Civil Service Rules and Regulation April 2021THE METROPOLITAN
ST. LOUIS SEWER DISTRICT
CIVIL SERVICE RULES & REGULATIONS
-- April 2021 --
Exhibit MSD 4
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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 April 8, 2021
ORDINANCE NO. 15642
REVISION DATES:
September 16, 1955 November 12, 1975
April 9, 1956 September 29, 1976
July 7, 1958 May 9, 1979
October 22, 1958 November 14, 1979
May 17, 1960 August 11, 1982
November 10, 1960 October 11, 1989
June 25, 1962 July 9, 1991
September 10, 1964 April 20, 1995
February 20, 1969 September 14, 1995
February 22, 1971 October 12, 2000
August 29, 1972 July 12, 2007
June 8, 2017
April 8, 2021
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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 ____________________________________________________12
2.1 PURPOSE OF RULES.....................................................................................................12
2.2 POSITIONS COVERED BY RULES .............................................................................13
2.3 AMENDMENT OF RULES ...........................................................................................13
2.4 ADMINISTRATION OF RULES ..................................................................................13
2.5 VALIDITY OF RULES ...................................................................................................13
2.6 SINGULAR AND PLURAL USAGE ...........................................................................14
2.7 EFFECTIVE DATE OF RULES .....................................................................................14
RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION _____________________15
3.1 GENERAL PROVISIONS ..............................................................................................15
3.2 HUMAN RESOURCES DIRECTOR (OR DIRECTOR OF) .......................................15
3.3 CIVIL SERVICE COMMISSION...................................................................................16
a. Appointment and Term ....................................................................................16
b. Duties ..................................................................................................................16
c. Officers ................................................................................................................17
d. Meetings..............................................................................................................17
RULE 4 APPLICATIONS AND EXAMINATIONS _____________________________________18
4.1 FORM AND FILING OF APPLICATIONS FOR EXAMINATION .........................18
4.2 NOTICE OF EXAMINATIONS ....................................................................................18
4.3 MINIMUM QUALIFICATIONS FOR FILING FOR EXAMINATION ...................19
4.4 FILING OF APPLICATION FOR EXAMINATION ..................................................19
4.5 DISQUALIFICATION OF APPLICANTS ...................................................................19
4.6 CHARACTER OF EXAMINATIONS ..........................................................................22
a. Open Competitive Examinations ....................................................................22
b. Open Continuous Examinations .....................................................................23
c. Employee Examinations ...................................................................................23
4.7 ADMINISTRATION OF EXAMINATIONS ...............................................................24
a. Establishment of Procedures ...........................................................................24
b. Use of District Employees ................................................................................24
c. Contracting for Examinations ..........................................................................24
4.8 RATING OF EXAMINATIONS ....................................................................................24
a. Method of Rating and Minimum Grades ......................................................24
b. Consideration for Lower Job Titles .................................................................25
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c. Rating of Competence .......................................................................................25
4.9 NOTICE AND REVIEW OF EXAMINATION RESULTS.........................................25
a. Notice of Examination Results ........................................................................25
b. Records of Test Results; Corrections ..............................................................25
RULE 5 ELIGIBILITY LISTS _________________________________________________________27
5.1 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS .......................27
5.2 TYPES OF ELIGIBILITY LISTS .....................................................................................27
a. Original Appointment List ...............................................................................27
b. Employee Lists ...................................................................................................27
c. Restoration List ..................................................................................................28
d. Recall Lists ..........................................................................................................28
5.3 CONSOLIDATION OF LISTS ......................................................................................28
5.4 USE OF RELATED ELIGIBILITY LISTS ......................................................................29
5.5 DURATION OF ELIGIBILITY LISTS AND ELIGIBILITY ........................................29
a. Original Appointment Lists .............................................................................29
b. Employee Lists ...................................................................................................30
c. Recall Lists ..........................................................................................................30
d. Restoration Lists ................................................................................................30
5.6 AVAILABILITY OF INDIVIDUALS ON ELIGIBILITY LISTS .................................30
5.7 REMOVAL OF NAMES FROM LISTS ........................................................................30
5.8 REQUEST TO RETURN NAME TO ELIGIBILITY LIST ...........................................32
RULE 6 CERTIFICATION AND APPOINTMENT ______________________________________33
6.1 REQUEST TO FILL A POSITION ................................................................................33
6.2 FILLING OF VACANCIES ...........................................................................................33
a. Appointment Through Demotion ...................................................................33
1. Involuntary Demotion ............................................................................33
2. Voluntary Demotion ...............................................................................34
b. Appointment Through Reassignment ............................................................34
c. Appointment from Restoration Lists ..............................................................34
d. Appointment from Recall Lists .......................................................................35
e. Appointment from Employee Lists ................................................................35
f. Appointment Through Transfer ......................................................................36
1. Transfer (District Initiated) .....................................................................36
2. Transfer (Employee Initiated) ................................................................36
g. Appointment Through Reinstatement ...........................................................36
h. Appointment From Original Appointment List ...........................................37
i. Appointments of Limited Duration ................................................................38
1. Temporary Appointments ......................................................................38
2. Emergency Appointments......................................................................38
3. Provisional Appointments .....................................................................39
j. Appointment From Rehire ..............................................................................39
6.3 OVERLAP OF INCUMBENTS .....................................................................................39
6.4 CERTIFICATION OF INDIVIDUALS FROM ELIGIBILITY LISTS.........................40
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a. Order of Certification ........................................................................................40
b. Certification From Related Lists ......................................................................40
c. Physical Examinations ......................................................................................40
RULE 7 PROBATIONARY PERIOD __________________________________________________42
7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD ......................42
a. Original Appointment Probation ....................................................................42
b. Probation Following Promotion ......................................................................42
c. Probation Following Demotion .......................................................................43
d. Probation Following Transfer ..........................................................................43
e. Probation Following Reinstatement ...............................................................43
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 EMPLOYMENT RELATIONSHIP CONFLICTS .......................................................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
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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
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 ............................................................................................................61
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 ................................................................................................64
2. Suspension ................................................................................................65
3. Demotion ..................................................................................................65
4. Dismissal ...................................................................................................65
b. Reasons For Which Disciplinary Action May Be Taken ..............................66
c. General Provisions ............................................................................................69
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
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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
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 ..................................................................................83
j. Rate of Pay Following Unsuccessful Promotional
Probationary Period ..........................................................................................83
k. Rate of Pay on Reallocation ..............................................................................83
13.5 WORKING HOURS .......................................................................................................84
a. Regular Working Hours ...................................................................................84
b. Overtime .............................................................................................................84
c. Eligibility for Overtime Compensation ..........................................................85
d. Eligibility for Compensatory Time .................................................................85
e. Calculation of Overtime ...................................................................................86
f. Compensation for Overtime Work .................................................................86
g. Monitoring of Overtime Work ........................................................................86
h. Call-Back Pay .....................................................................................................86
i. Stand-by Pay ......................................................................................................87
13.6 HOLIDAYS ......................................................................................................................88
a. List of Holidays ..................................................................................................88
b. Floating Holidays ..............................................................................................88
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c. Holiday Observance ..........................................................................................89
d. Compensation for Observance of a Holiday .................................................89
e. Compensation for Work Performed on Holidays.........................................89
13.7 MAINTENANCE OF COMPENSATION PLAN.......................................................90
RULE 14 LEAVES OF ABSENCES _____________________________________________________91
14.1 VACATION LEAVE ......................................................................................................91
a. General Provisions ............................................................................................91
b. Computation of Vacation Leave ......................................................................91
1. Regular Employees ..................................................................................91
2. Temporary Employees ............................................................................92
3. Maximum Annual Accrual .....................................................................92
c. Vacation Leave Accrual During Military Service...........................................93
d. Restrictions on Granting of Vacation Leave ..................................................93
1. Regularly Scheduled Vacation Leave ...................................................93
2. Emergency Vacation Leave ....................................................................94
3. Hourly Increment Vacation Leave ........................................................94
4. Vacation Leave to Supplement Workers' Compensation Benefit .....95
5. Vacation Leave Upon Exhaustion of Accrued Sick Leave .................95
e. Payment for Unused Vacation Leave .............................................................95
f. Transfer of Unused Vacation Leave................................................................95
14.2 EDUCATIONAL LEAVE ..............................................................................................96
14.3 SICK LEAVE ...................................................................................................................96
a. Granting of Sick Leave With Pay ....................................................................96
b. Exclusions from Sick Leave With Pay ............................................................96
c. Control of Sick Leave With Pay .......................................................................97
d. Absence Due to Illness in Employee's Household .......................................97
14.4 INJURY ON THE JOB ....................................................................................................97
14.5 MILITARY SERVICE/RESERVE LEAVE ...................................................................98
a. With Pay .............................................................................................................98
b. Without Pay........................................................................................................98
c. Physical Examination for Military Purposes .................................................99
14.6 MILITARY LEAVE AFTER SERVICE .........................................................................99
14.7 BEREAVEMENT LEAVE ............................................................................................101
14.8 ABSENCE FOR VOTING ............................................................................................101
14.9 ABSENCE FOR JURY DUTY/WITNESS PAY .........................................................102
14.10 LEAVE WITHOUT PAY ..............................................................................................102
14.11 SPECIAL LEAVE ..........................................................................................................103
14.12 FMLA LEAVE ...............................................................................................................103
14.13 ADMINISTRATIVE LEAVE .......................................................................................104
14.14 BONDING LEAVE ........................................................................................................105
RULE 15 APPEALS AND INVESTIGATIONS _________________________________________106
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15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR
OF HUMAN RESOURCES .........................................................................................106
a. General Provisions ..........................................................................................106
b. Procedure for Appeals from Administrative Decisions ............................106
c. Nature of Commission Review of Administrative Decisions ...................106
15.2 APPEALS FROM DISCIPLINARY ACTION ...........................................................107
a. General Provisions ..........................................................................................107
b. Hearing Procedure ..........................................................................................108
c. Decision of the Commission ..........................................................................110
15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND
PRODUCTION OF RECORDS ...................................................................................111
15.4 INVESTIGATION BY THE COMMISSION..............................................................112
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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 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.
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1.5 CHARTER -– The basic charter of the Metropolitan St. Louis Sewer District as adopted
February 9, 1954, as amended, by vote of the people under the provisions of Article VI,
Section 30 (a) and (b) of the constitution of Missouri as amended.
1.6 CLASSIFICATION, JOB TITLE or TITLE -– The designation given under the
Classification Plan to describe a position.
1.7 CLASSIFICATION PLAN -– The arrangement of all Job Titles in the classified service
into a system of General Classes and Job Descriptions.
1.8 CLASSIFIED EMPLOYEE -- An employee occupying a position in the 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.
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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
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.
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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
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.
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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, 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.
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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.
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.
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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.
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.
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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.
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.
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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 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
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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.
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.
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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 of the work performed.
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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.
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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.
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.
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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.
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.
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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.
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.
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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 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.
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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.
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
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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;
g. has established an unsatisfactory employment record as evidenced by
performance reviews, disciplinary actions and/or reference checks of such nature
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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;
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
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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
All entrance examinations for positions in the classified service shall be open
competitive in character.
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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.
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The method utilized to determine the final examination rating for a job title shall
be uniformly applied to all applicants for that job title.
b. Consideration for Lower Job Titles
An applicant who, after examination, fails to gain eligibility for employment may
be considered for a related lower job title provided that an examination is open
and the pertinent examination rating meets the minimum requirements for the
lower job title .
c. Rating of Competence
The 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
26
rating, if called to the attention of the Director of Human Resources within fifteen
(15) days after notification of examination results, shall be corrected. Such
corrections, however, shall not invalidate any certification or appointment made
previously.
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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 lowest.
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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
29
six (6) months or longer after the initial examination, such applicants and employees may,
however, elect to be re-examined and have their names placed on the new list in
accordance with the new rating, thereby invalidating the prior certification.
5.4 USE OF RELATED ELIGIBILITY LISTS
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.
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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
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
34
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 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
35
(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
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.
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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
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.
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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.
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.
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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, 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.
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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.
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.
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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
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
41
be conducted by regularly licensed practitioners of medicine or surgery selected
by and at the expense of the District to assure that applicants are capable of
performing the essential functions of the respective position with or without a
reasonable accommodation.
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RULE 7
PROBATIONARY PERIOD
7.1 PURPOSE AND DURATION OF THE PROBATIONARY PERIOD
Initial service with the District or initial service in a position shall constitute a
probationary period which shall be an integral part of the examination process and shall
be utilized to observe and evaluate an employee's ability and willingness to satisfactorily
perform the duties of the position.
a. Original Appointment Probation
A minimum of 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.
43
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.
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.
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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.
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.
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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:
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.
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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.
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.
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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.
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RULE 8
EMPLOYEE CONDUCT AND RELATIONS
8.1 DISCRIMINATION AND FAVORITISM PROHIBITED
No person in the classified service, or seeking admission thereto, shall be appointed on
any basis or for any reason other than qualifications, merit and fitness. No person shall be
dismissed, demoted or suspended without just cause; or because of race, age, sex, creed,
color, 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.
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b. Political Speeches and Campaigning
No employee in the classified service shall take any part in the management of
any partisan political party or of any partisan election, or accept appointment as
an officer of a partisan political party, club, or organization, or circulate or seek
signatures to any petition for nomination to any partisan public office, or act as a
worker at the polls unless so ordered by the Board of Election Commissioners, or
distribute badges, labels, publicity, or insignia favoring or opposing a candidate
for partisan nomination or election, whether federal, state, county or municipal.
c. Political Rights of Employees
No provision in the 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.
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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 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
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related to the non-partisan office or candidacy; and (iv) the election or office
remains non-partisan.
f. Authority for Opinions on Political Activity
When in doubt as to whether a proposed activity is banned as political in
nature or could be construed to be a conflict of interest, an employee may seek
an opinion from the General Counsel before engaging in such activity.
8.3 CONFLICTING EMPLOYMENT
No employee shall receive compensation other than from the District if the receipt of such
compensation either: (1) interferes with, or is reasonably likely to interfere with, the
proper performance of the employee's functions or duties with the District, or (2) creates,
or is reasonably likely to create, a conflict between the interests of the District and the
provider of the compensation. Prior to receipt of compensation from a source other than
the District and at any time after request by the employee's appointing authority, the
employee shall give his/her appointing authority full information relating to the terms
and conditions pertaining to such compensation. If the appointing authority determines
the employee is, or would be, in violation of the provisions of this Rule, the appointing
authority shall take appropriate action.
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8.4 FINANCIAL INTEREST
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 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.
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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.
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.
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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.
d. To assist in establishing eligibility for pay increases.
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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.
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d. Performance Appraisals of Reassigned & Reallocated Employees
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.
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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.
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
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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.
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.
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RULE 11
LAYOFF PROCEDURE, SEPARATION AND DISCIPLINARY ACTION
11.1 SENIORITY
Every regular employee shall have seniority of employment in the classified service
except as otherwise provided in these Rules.
11.2 LAYOFF
a. When Permitted
An appointing authority, with Executive Director approval and upon notification
to the Director of Human Resources, may lay off an employee when necessary for
reasons of shortage of work or funds, the abolition of the position, material change
in the duties of the position through reorganization or for other related reasons
which are outside the employee's control, and which do not reflect discredit on the
service of the employee. An appointing authority shall furnish to the Human
Resources Director a detailed description of the essential qualifications,
experience, knowledge, licenses and skills of all positions prior to the layoff.
b. Order of Layoff
1. Temporary, emergency and provisional employees shall be terminated
from the District prior to any regular employee being laid off from a
position in the general 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.
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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.
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.
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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 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.
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b. Failure to Meet Qualifications or Requirements
If it is deemed by the Human Resources Director that the displacement rights of
an employee place him/her in a job title in which he/she does not meet the
special training, knowledge, skill or licensure requirements of a position, such
employee will be afforded the opportunity to decline placement to that job title .
In this situation only, the employee will be placed in the next lowest job title in
which there is a displacement opportunity and the special skill requirements are
met.
c. Evaluation After Displacement
After displacing another employee, an employee must be able to successfully
perform the duties of the position. Within sixty (60) days after displacement, the
appointing authority may evaluate the performance of the employee and if an
employee fails to successfully perform the duties of the position, he/she shall be
laid off from the position held prior to displacement.
11.4 RESTORATION/RECALL
a. Procedure
The District will make all reasonable efforts to restore those employees who
displaced other employees to their original 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
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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.
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.
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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
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
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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 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.
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b. Reasons For Which Disciplinary Action May Be Taken
The following reasons shall constitute sufficient cause for disciplinary action,
although such action may be based upon reasons other than those enumerated.
1. Willful violation of the provisions of the Charter, these Rules, or policies
of the District.
2. Failure to perform assigned functions and duties in a timely, efficient and
competent manner.
3. Failure to attain or maintain required levels of training, knowledge and
skill, and all required licenses.
4. The employee has been careless or negligent in the use or care of District
or contractor property or has, without authorization, used or allowed the
use of District or contractor property for personal benefit or the benefit of
others.
5. Conduct which interferes with the efficient operation of a department
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.
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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.
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.
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12. In accordance with the Substance Abuse Policy, the unlawful manufacture,
use, possession, distribution, sale or offering for sale of any drug not legally
obtainable or not legally obtained or used while on duty or on District
property or having such drugs in one's system while on duty.
13. Criminal, dishonest, scandalous or disgraceful conduct on or off duty
where such conduct reflects unfavorably upon the District.
14. Violation of any reasonable official order; failure to carry out or willful
refusal to obey any lawful and reasonable directions made and given by a
proper supervisor; insubordination; violation of any departmental or
District policy.
15. Falsification of District records, documents, reports, time cards or work
schedules; or falsification of material fact in an investigation or on
application for employment or in examination.
16. If any employee shall willfully refuse to testify or answer any questions
relative to the matter being heard by the Commission on any grounds, or
knowingly gives false testimony, 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.
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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) 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.
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RULE 12
CLASSIFICATION PLAN
12.1 EXISTING PLAN RESERVED
The adoption of these Rules shall not repeal the existing classification plan, which was
adopted under Rules hereby superseded. Proposed amendments to any existing
classification plan, when approved by the Commission, shall be submitted to the Board
and shall become effective upon the effective date of the ordinance authorizing the
amendment.
12.2 ADMINISTRATION OF CLASSIFICATION PLAN
a. Allocation of Positions
The Director of 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 assignment of a
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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
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title; minimum qualification and requirements in terms of training, experience,
knowledge, skill, ability and applicable licenses.
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
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of education, training, or experience may be considered qualifying if deemed
equivalent by the Director of Human Resources. In addition to the qualification
requirements enumerated in the job descriptions, all job titles shall be deemed to
require ability to perform the essential job functions (with or without reasonable
accommodation) for the position being considered.
12.4 USE OF STANDARD PROCEDURE OF JOB ANALYSIS
A standard procedure of job analysis accepted and approved by the Commission shall be
used to determine the job title of each classified position. Should a subsequent procedure
be adopted with the approval of the Commission, such new procedure must be applied
to all positions in the 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.
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
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consultation with the appointing authority or his/her designee(s), and, as necessary, with
the incumbents of positions under analysis.
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RULE 13
COMPENSATION PLAN
13.1 COMPENSATION PLAN
The compensation of all classified employees shall be established within the salary
ranges of the appropriate pay grades prescribed by ordinance for the respective 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 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.
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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
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,
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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.
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
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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 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:
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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:
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.
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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.
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.
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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 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.
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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 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.
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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
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.
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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 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.
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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.
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
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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.
Should an employee assigned to stand-by not be available when called for
emergency duty, he/she shall forfeit stand-by pay for the entire period.
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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.
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RULE 14
LEAVES OF ABSENCES
14.1 VACATION LEAVE
a. General Provisions
Vacation leave with pay will be granted to employees under the terms and
conditions specified in this Rule. Vacation schedules shall be established by the
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:
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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.
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.
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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.
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.
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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 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.
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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.
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.
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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.
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.
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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 granted
benefits as set forth in the Workers' Compensation Law of the State of Missouri.
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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
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status, work schedule (including shift, working days and days off assigned at the
time the leave commenced) and any other right or benefit to which the employee
is entitled and no retirement benefits shall be diminished or eliminated because
of such service. 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:
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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.
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.
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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.
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.
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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 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.
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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 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
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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 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.
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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.
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RULE 15
APPEALS AND INVESTIGATIONS
15.1 APPEALS FROM ADMINISTRATIVE DECISIONS OF DIRECTOR OF HUMAN
RESOURCES
a. General Provisions
Employees, individuals on eligibility lists and applicants shall have the right to
appeal from administrative decisions of the Director of Human Resources
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
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the opportunity to be heard during the review of his/her appeal. The decision of
the Commission shall be final and shall be a condition precedent to review by the
Circuit Court as provided by the Charter of the District.
15.2 APPEALS FROM DISCIPLINARY ACTION
a. General Provisions
1. A regular employee who is discharged, demoted or suspended without
pay may appeal in writing to the Commission, within fifteen (15) days
after the date of notification provided for in Rule 11.7 herein, setting forth
in substance his/her reasons for 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.
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b. Hearing Procedure
1. In conducting hearings and investigations, the Commission shall act as a
body, but special investigation and detailed work may be delegated by the
Commission to a member or to the Director of Human Resources.
The decision of the majority of Commissioners shall be the decision of the
Commission.
Hearings may be held by the Commission, or by one or more members of
the Commission, or by a Hearing Examiner appointed by the
Commission, but the decision shall be rendered by the Commission after
consideration of the evidence submitted in the hearings.
2. All hearings shall be informal and shall not be subject to any technical rules
of order or evidence, except such as the Commission itself may establish.
3. The 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
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District (or any one of his/her staff) is called upon by the appointing
authority, and this shall not affect the payment of his/her regular salary.
5. Hearings involving several appellants having a common issue may be
considered jointly or individually, at the discretion of the Commission.
6. Failure of the appellant to appear personally or by legal counsel or other
representative at the hearing shall be deemed a withdrawal of his/her
appeal and the action of the appointing authority shall become final.
7. Failure of the appellant to pursue his/her appeal or to comply with an
order of the Commission relating to an appeal may be deemed by the
Commission a withdrawal of his/her 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
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hearing, after having obtained two (2) continuances, mandates a
determination by the Commission in favor of the appellant.
c. Decision of the Commission
1. The Commission may affirm the action of the appointing authority or, if
the Commission finds that the action appealed by the employee was taken
by the appointing authority without just cause or because of his/her age,
race, sex, creed, or color, disability not related to essential job functions, or
because of his/her political, religious, or union opinions or affiliations,
except affiliations with any group or organization which seeks or
advocates the overthrow of the government of the United States by force
or violence, such employee shall be reinstated in his/her former position
or a position of like status and pay, and shall be reimbursed for all or part
of any loss of pay, except that the Commission, at its discretion, may find
and order that such employee shall not be reimbursed for any loss of pay
attributable to any delay caused by employee in having the appeal heard
by the Commission.
2. In cases where an appellant’s hearing results in failure to secure
reinstatement after dismissal, the Commission, taking into consideration
the causes of dismissal, may recommend to the Executive Director
reinstatement with transfer of the appellant to a comparable classified
position in another department, or may with the approval of the Executive
Director place the appellant’s name on an appropriate eligibility list –
provided, however, that there shall be no reimbursement by the District
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for any loss of pay suffered by such appellant as a result of his/her
dismissal.
3. In all cases of appeal from suspensions, demotions and dismissals, the
decision of the Commission shall be final. Copies of the Commission's
decision shall be made available in accordance with applicable law.
15.3 POWER TO ADMINISTER OATHS, SUBPOENA AND DEMAND PRODUCTION
OF RECORDS
In the course of any hearing or investigation conducted under the provisions of the
Charter or of these Rules, the Commission shall have the power to administer oaths, to
subpoena, to require the attendance of witnesses within the District, and the production
by them of books and papers pertinent to any matter of inquiry, and to examine such
witnesses under oath, in relation to any matter properly involved in such proceeding. All
witnesses so subpoenaed, who are not employees of the District, shall be entitled to the
same fees as are allowed in civil cases in courts of record. Employees in the classified
service of the District shall be required to attend and testify without subpoena. Such
employees shall be paid as if performing their normal employment 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.
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15.4 INVESTIGATION BY THE COMMISSION
The Commission may, upon its own initiative, make such inquiries and investigations as
it may deem to be warranted regarding the administration and effect of the provisions
of these Rules and of the Charter, and to make such recommendations to the Director
of Human Resources, Executive Director, or the Board, as in its judgment may
be warranted.