HomeMy WebLinkAbout1997-18 Cond. Employment MngrsRESOLUTION NO. 97- //~
A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN
CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND
CONFIDENTIAL EMPLOYEES AND MAKING SUCH CONDITIONS
CONSISTENT WITH THE FEDERAL FAIR LABOR STANDARDS ACT BY
REPEALING RESOLUTION NO. 96-37.
Recitals:
A. The City of Ashland has negotiated collective bargaining agreements with all
employees who are members of labor unions;
B. The management and confidential employees of the city are not an
organized group for the purpose of collectively negotiating the terms and conditions of
their employment; and
C. It is in the best interest of the city and efficient and effective government to
clearly set forth the city's expectations for the performance of its management and
confidential employees;
The mayor and council resolve as follows:
1. Scope of Resolution. Resolution No. 96-37 is repealed. This 1997 resolution shall
apply to all management and confidential employees of the City of Ashland as set forth
in Appendix "A", dated April 1997. Where the term "employee" is used, it shall mean
regular full-time employees and probationary employees as defined in section 2 and
Appendix A. This resolution does not apply to any employee who is a member of any
collective bargaining unit.
2. Definitions.
2.1. Confidential employee. As defined in ORS 243.650(6), a confidential
employee is one who assists and acts in a confidential capacity to a person who
formulates, determines, and effectuates management policies in the area of collective
bargaining. Confidential employee includes those classifications in Appendix "A" under
"Confidential."
2.2. Department head. A person directly responsible to the city administrator,
mayor or city council for the administration of a department.
2.3. Employee. A person in any of the classifications listed in Appendix "A" who
has completed the probationary period.
2.4. Management or Manager. Those classifications included in Appendix "A"
under the title "Management."
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2.5. Probationary Employee. A person appointed to a regular position but who
has not completed a probationary period during which the employee is required to
demonstrate fitness for the position by actual performance of the duties of the
position.
2.6. Supervisor. Any person responsible to a higher divisional or departmental
level authority who directs the work of others and who is not in a collective bargaining
unit.
3. Purpose. The purpose of this resolution is set forth generally in the preamble. More
specifically, the resolution has three fundamental purposes:
3.1. To clearly establish which classifications in the city service are management
or confidential.
3.2. To clearly set forth the functions of management and to establish criteria for
the evaluation of managerial performance.
3.3. To establish the personnel policies governing the conditions of employment
of management and confidential employees.
4. Managerial Performance.
4.1. Goal Setting. Basic goals for the Oity of Ashland are set by the mayor and
council. Resources for achieving those goals are provided via the annual budget.
Operational goals and short range objectives are set by the city administrator working
with department heads. The single most important factor in achieving the goals of the
City of Ashland is the performance of the city's managers.
4.2. Managerial Responsibilities. Each of the city's managers at a minimum
have the following responsibilities:
4.2.1. Getting the job done properly and on time,
4.2.2. Keeping the workpiace safe and healthy,
4.2.3. Encouraging team work and cooperation among employees and
departments,
4.2.4. Developing employee skills,
4.2.5. Keeping records and making reports, and
4.2.6. Actively promoting affirmative action at all levels.
4.3. General Expectations Regarding Management Employees. In addition to the
specific performance standards mentioned above, there are also general city
expectations of its managers.
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4.3.1. Job Commitment. All management employees are expected to
have a high degree of commitment to the City of Ashland and to their jobs.
When a new manager is hired, the city expects a commitment of continued
service of at least three years unless unforeseen circumstances warrant earlier
resignation or termination.
Management employees are expected to devote whatever hours are
necessary for the accomplishment of their duties as part of their normal work
week. Overtime will only be paid as set forth in section 14. Management
employees may take compensatory time off at their discretion as long as they
exercise judgement so that their absence does not unreasonably interfere with
the city's operations.
In the event of voluntary termination, m&nsgement employees are
expected to give a minimum of 30 calendar days notice in order to give the city
adequate time to recruit a qualified replacement.
4.3.2. Professionalism. Management employees are expected to maintain
the standards of their individual profession. This includes remaining current with
new developments, maintaining memberships in professional societies, and
attending meetings with professionals in their field. Where professionals have
codes of ethics or standards of performance, these should also be followed in
the manager's work for the City of Ashland.
4.3.3. Termination. If at any time a manager's performance is deemed
unacceptable, the city administrator or appropriate department head may ask
for the employee's resignation. In most cases, reasonable time will be given to
the employee to find other suitable employment. The city may provide
severance pay in the event of resignation or involuntary termination.
4.3.4. Residency. Residency within the Urban Growth Boundary shall be
a job requirement of the city administrator and strongly encouraged for
department heads.
The following employees shall establish their residence to enable them to report
for emergency duty within 30 minutes of notification including "get ready" and
travel time:
Street Superintendent
Street Supervisor
Water Quality Superintendent
Wastewater Collection Supervisor
Water Distribution Supervisor
Wastewater Treatment Plant Supervisor
Water Treatment Plant Supervisor
Electric Operations Superintendent
Fire Training/EMS Program Director
Police Sergeant
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Police Captain
Police Lieutenant
Assistant Fire Chief
Residence shall be established by new employees in these classifications within
these boundaries or limitations within a period of twelve months of hire or
promotion.
4.4. Essential Management Functions. The following are the essential functions
of all city management positions and the expected standards for their
performance:
4.4.1. Planning. Anticipates future needs and makes plans for meeting
them; recognizes potential problems and develops strategies for averting them;
makes long and short range plans to accomplish city and/or departmental
goals.
4.4.2. Organizing. Efficiently and economically organizes and carries out
assigned operations; carries out responsibilities in a sound and logical manner;
operates the unit smoothly and in a well organized manner; effectively delegates
authority and establishes appropriate work rules.
4.4.3. Coordinating. Coordinates all activities related to work objectives;
maintains coordination and cooperation with other departments and divisions;
maintains good communication with employees, and allows employees to make
significant contributions to the accomplishment of objectives.
4.4.4. Leadership Motivation. Creates a climate providing challenge and
motivation to employees.
4.4.5. Decision Making/Problem Solving. Analyzes situations and
problems, weighs the pros and cons of alternative solutions, exercises logical
thinking and good judgment, is creative, and is able to make decisions.
4.4.6. Employee Relations. Equitably adjusts grievances among
subordinate employees, properly administers union agreements, and
administers discipline in a fair and progressive manner; trains and develops
subordinate employees.
4.4.7. Public Relations. Maintains a high level of contact with the public,
maintains a sensitivity to the public's needs, and meets the needs of the public
within available resources.
4.4.8. Budgeting. Prepares operational and capital budgets to meet the
public's needs, and expends funds within adopted budgeted limits.
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4.4.9. Safety. Maintains a safe, clean, pleasant work environment, and
supports the city's overall safety program.
4.4.10. Self Development. Stays current with new ideas and procedures
in the manager's field of responsibility.
4.4.11. Affirmative Action. Actively supports and implements Affirmative
Action within the manager's area of responsibility, including the hiring and
promotion of women, minorities, and the disabled. Is sensitive to sexual
harassment in the workplace.
5. Holidays.
5.1. Recognized Holidays. Such holidays as are set forth in AMC §3.08.080.
5.1.1. Police Sergeants shall receive paid compensation in addition to
regular salary for each of the holidays listed above, in lieu of time off.
This shall be paid on the first payday in December of each year. Newly-
hired Police Sergeants shall receive this paid compensation pro-rated
from the date of hire.
5.1.2. If an employee is on authorized vacation, or other leave with pay
when a holiday occurs, such holiday shall not be charged against such
leave.
6. Vacations for Management and Confidential Employees.
6.1. Eligibility. Management employees shall be eligible for vacation with pay in
accordance with the following sections:
6.1.1. Employees with less than four full years of continuous service shall
accrue 8.67 hours of vacation for each calendar month of service worked.
6.1.2. Employees with more than four but less than nine full years of
continuous service shall accrue 10.67 hours of vacation credit for each calendar
month of service.
6.1.3. Employees with more than nine but less than 14 full years of
continuous service shall accrue 12.67 hours of vacation credit for each calendar
month of service.
6.1.4. Employees with more than 14 but less than 19 full years of
continuous service shall accrue 14 hours of vacation credit for each calendar
month of service.
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6.1.5. Employees with more than 19 but less than 24 full years of
continuous service shall accrue 15.34 hours of vacation credit for each calendar
month of service
6.1.6. Employees with more than 24 full years of continuous service shall
accrue 17.34 hours of vacation credit for each calendar month of service
(NOTE: The above schedule includes one day of leave which was previously
designated as "birthday holiday".)
6.2. Utilization. Vacation leave taken shall not be in excess of that actually
accrued at the time it is taken. However, the city administrator has the discretion to
authorize all management employees to take vacation in advance of accrual when
warranted by special circumstances.
6.3. Continuous Service. Continuous service, for the purpose of accumulating
vacation leave credit, shall be based on the regular paid hours worked by the
employee. Time spent by the employee on city-authorized, city-paid absences shall be
included as continuous service. Time spent on unpaid absences shall not be counted
as service, provided that employees returning from such absences shall be entitled to
credit for service prior to the leave.
6.4. Accrual Limitation. Management employees are required to take not less
than 75% of accrued annual vacation as time off each year. The balance of accrued
vacation may be taken either as time off or paid in cash on June 15 of each year.
Vacation may be carried over with the approval of the city administrator in special
circumstances, but in no event shall the total accrual at any time exceed twice the
amount of the employee's annual accrual.
6.5. Scheduling. Vacation times shall be scheduled based on the city
administrator's or department head's judgement as to the needs of efficient
operations.
6.6. Payment on Termination. An employee terminated after six-months
employment shall be entitled to prorated payment for accrued vacation leave at the
rate as of the date of termination. In the event of death, earned but unused vacation
leave shall be paid in the same manner as salary due the deceased employee is paid.
7. Hours of Work for Confidential Employees.
7.1. Workweek. The workweek, to the extent consistent with operating
requirements, shall consist of five consecutive days as scheduled by the department
heads or other responsible authority.
7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours,
including 1/2 hour for a meal period which shall not be paid.
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7.3. Work Schedules. All employees, to the extent consistent with operating
requirements, shall be scheduled to work on a regular work shift, and each shift shall
have regular starting and quitting times. It shall be the responsibility of the Head of the
Department to notify employees of their scheduled shifts, workdays, and hours.
7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all
employees during each half shift, which shall be scheduled by the city in accordance
with its determination as to the operating requirements and each employee's duties.
7.5. Meal Periods. To the extent consistent with operating requirements of the
respective department, meal periods shall be scheduled in the middle of the work shift.
8. Sick Leave.
8.1. Purpose. Sick leave is provided for the sole purpose of providing financial
security to employees and their families. Under no circumstances shall the city grant
an employee sick leave with pay for time off from city employment caused by sickness
or injury resulting from employment other than with the City of Ashland.
8.2. Accumulation. Sick leave shall be earned for the purpose stated by each
employee at the rate of eight hours for each full calendar month of service. Sick leave
must be taken for the purposes specified in section 8.3 as condition precedent to any
sick leave payment. The maximum accrual cannot exceed 720 hours. Sick leave shall
continue to accrue only during leaves of absence with pay.
8.3. Utilization. Employees may utilize their allowance for sick leave when
unable to perform their work duties by reason of illness or injury. In such event, the
employee shall notify the department head or city administrator of absence due to
illness or injury, the nature and expected length of the absence, as soon as possible
prior to the beginning of the next scheduled regular work shift, unless unable to do so
because of the serious nature of injury or illness. For absences longer than 24 hours,
employees shall notify their department head on a daily basis. At the option of the
department head or city administrator, a doctor's certificate of illness may be required
as a pre-requisite for the payment of sick leave. Hourly employees may.be granted
sick leave for doctor or dental appointments at the discretion of the department head.
Such time off shall be charged against sick leave time on an hourly basis. Confidential
employees may be granted the use of sick leave for illness in the immediate family.
8.4. Integration with Workers Compensation. When injury occurs in the course
of employment, the city's obligation to pay is limited to the difference between any
payment received under workers' compensation laws and the employee's regular pay.
In such instances, prorata charges will be made against accrued sick leave until sick
leave is exhausted. Thereafter, the only compensation will be workers' compensation
benefits, if any.
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8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of
insurance against loss of income due to the illness or injury. No compensation for
accrued sick leave shall be provided for any employee upon death or termination of
employment, except that upon retirement accumulated sick leave will be any leave will
be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave
of absence without pay.
8.6. Pay for Unused Sick Leave. Management employees may elect to receive
twenty-five percent of their unused sick leave accrued during the preceding twelve
months as paid compensation or paid leave, with the balance of unused sick leave
added to cumulative sick leave.
9. Funeral Leave. An employee may be granted five calendar days funeral leave with
regular pay in the event of death in the immediate family of the employee. An
employee's immediate family shall include spouse, parent, children,brother, sister,
mother-in-law, father-in-law, or other relatives living in the same household. Leave with
pay, for up to four hours may be granted when an employee serves as a pallbearer.
10. Other Leaves of Absence
10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90
calendar days may be granted upon establishment of reasonable justification therefor
in instances where the work of the department will not be seriously handicapped by
temporary absence of the employee. Requests for such leaves must be in writing.
Normally, such leave will not be approved for an employee for the purpose of
accepting employment outside the service of the city.
10.2. Jury Duty. Employees shall be granted leave with pay for service upon a
jury; provided, however, that the regular pay of such an employee for the period of
absence shall be reduced by the amount of money received for such jury service, and
upon being excused from jury service for any day an employee shall immediately
contact the supervisor for assignment for the remainder of their regular workday.
10.3. Appearances. Leave with pay shall be granted for an appearance before a
court, legislative committee, judicial or quasi-judicial body as a witness in response to
a subpoena or other direction by proper authority; provided, however, that the regular
pay of such employee shall be reduced by an amount equal to any compensation
received as witness fees.
10.4. Required Court Appearances. Leaves of absence with pay shall be
granted for attendance in court in connection with an employee's officially assigned
duties, including the time required for travel to the court and return to the employee's
headquarters.
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10.5. Family Medical Leave. Leave in accordance with the Federal Family and
Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to
employees eligible under those acts and for the purposes described in those acts.
Leave may be unpaid or paid as provided in these acts.
10.6. Military Leave. Military leave shall be granted in accordance with ORS
408.290.
10.7. Failure to Return from Leave. Any employee who is granted a leave of
absence and who, for any reason, fails to return to work at the expiration of said leave
of absence, shall be considered as having resigned their position with the city, and the
position shall be declared vacated; except and unless the employee, prior to the
expiration of the leave of absence, has furnished evidence of not being able to work
by reason of sickness, physical disability or other legitimate reason beyond the
employee's control.
11. Discipline and Discharge. The following section applies only to those employees
subject to this resolution who do not have a written individual employment agreement
with the city.
11.1. Discipline. The city shall abide by the legal requirements of due process
prior to taking disciplinary action. Disciplinary action may include the following:
(a) Oral reprimand
(b) Written reprimand
(c) Demotion
(d) Suspension
(e) Discharge
Disciplinary action may be imposed upon any employee for failing to fulfill
responsibilities as an employee. Conduct reflecting discredit upon the city or
department, or which is a direct hindrance to the effective performance of city
functions, shall be considered good cause for disciplinary action. Such cause may
also include misconduct, inefficiency, incompetence, insubordination,, misfeasance, the
wilful giving of false or confidential information, the withholding of information with
intent to deceive when making application for employment, wilful violation of
departmental rules or this management resolution, commission of any matter listed in
AMC §3.08.030.B or for political activities forbidden by state law.
11.2. Discharge. An employee having less than twelve months of continuous
service shall serve at the pleasure of the city. An employee having continuous service
in excess of twelve months shall be discharged only for cause.
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11.3. Due Process. Due process procedures shall be followed before a
suspension without pay, demotion or discharge is imposed upon an employee.
Employees, other than those appointed by mayor and city council, may appeal
a suspension without pay, demotion or discharge to the city administrator. The city
administrator's decision shall be final.
12. Probationary Period.
12.1. New Employee Probationary Period. The probationary period is an integral
part of the employee selection process and provides the city with the opportunity to
upgrade and improve the department by observing a new employee's work, training,
aiding new employees in adjustment to their positions, and by providing an opportunity
to reject any employee whose work performance fails to meet required work
standards. New employees shall serve a minimum probationary period of twelve
months after which, upon recommendation of the head of the department, they shall
be considered regular employees.
12.2. Promotional Probationary Period. An employee promoted into a
management or confidential position will be required to serve a twelve month
promotional probationary period. The city may at any time demote an employee on
promotional probationary status to their previous position with or without cause.
13. General Provisions.
13.1. Non Discrimination. The provisions of this resolution shall be applied
equally to all employees without discrimination as to race, color, religion, marital
status, age, national origin, sex, sexual orientation or disability,.
13.2. Other Employment. Outside employment shall be permitted only with the
express prior written approval of the city administrator who shall follow the principles
set forth in AMC § 3.08.040.1. The city administrator may at anytime revoke permission
to hold outside employment.
13.3. Workers Compensation. All employees will be insured under the
provisions of the Oregon State Workers' Compensation Act for injuries received while
at work for the city. Compensation paid by the city for a period of sick leave also
covered by workers' compensation shall be equal to the difference between the
Workers' compensation pay for lost time and the employee's regular pay rate.
13.4. Liability Insurance. The city shall purchase liability insurance in the
maximum amounts set forth in ORS 30.270 for the protection of employees against
claims against them incurred in or arising out of the performance of their official duties.
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14. Compensation
14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every
other Friday. In the event a regularly scheduled pay date falls on a holiday, the
preceding workday shall be the pay date.
14.2. Compensation - Pay Schedule. Employees shall be compensated in
accordance with the pay schedule adopted by resolution of the city council. When any
position not listed on the pay schedule is established, the city administrator shall
designate a job classification and pay rate for the position.
14.3. Overtime. Management employees are expected to devote whatever time
is necessary to accomplish their job. For all employees, the city has the right to assign
overtime work as required in a manner most advantageous to the city and consistent
with the requirements of municipal service and the public interest.
14.4. Form of Compensation. The city administrator, city attorney, department
heads and division supervisors are not eligible for paid overtime but are allowed
compensatory time off at their own discretion depending on the operating
requirements of the city. All other management personnel and confidential personnel
shall be compensated in the form of pay at the rate of time and one-half the regular
rate for overtime work or given equivalent time off at the option of the city. No
employee shall have more than 40 hours of compensatory time on the records at any
time.
14.5. Administration of Pay Plan. Employees shall be entitled to pay in
accordance with the current salary resolution. In the event of a vacancy, the city
administrator may appoint a new employee at any appropriate step within the pay
range.
15. Health, Welfare and Retirement. The city agrees to provide health, welfare and
retirement benefits in accordance with Appendix "B" for employees subject to this
resolution.
16. Compliance with FLSA. This resolution shall be interpreted in a manner to
preserve the exempt status of the city's bona fide administrative, executive, and
professional employees, as those terms are used in the Federal Fair Labor Standards
Act (FLSA). Such exempt employees shall not have their pay docked or reduced in
any manner that would be inconsistent with the salary test set forth in the FLSA and
they are not subject to disciplinary suspensions of less than a week except for major
safety violations.
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17. Effective Date. This resolution shall become effective as of May 1, 1997.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this .
/~day of April, 1997.
Barbara Christensen, City Recorder
SIGNED and APPROVED this ~-~ day of
,1997.
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APPENDIX "A" - April 1997
Classifications in the Management and Confidential Employee Groups
MANAGEMENT
city Administrator/Department Heads
City Administrator/General Manager
Assistant City Administrator/Personnel Director
Director of Public Works/City Engineer
Electric Utility Director
Director of Finance/Administrative Services
Police Chief
Fire Chief
Director of Community Development
City Attorney
Division Supervisors
Street/Fleet Maintenance Superintendent
Water Quality Superintendent
Building Official
Assistant City Engineer/City Surveyor
Police Captain
Police Administrative Services Manager
Senior Planner
Purchasing Agent/Cemetery Superintendent
Supervising Accountant
Regional Affairs/Conservation Manager
Assistant Fire Chief/Fire Marshal
Fire/EMS Program Director
Electric Operations Superintendent
Senior Program Director
Mid-Level Supervisors
Wastewater Collection Supervisor
Water Distribution Supervisor
Wastewater Treatment Plant Supervisor
Water Treatment Plant Supervisor
Street Supervisor
Police Sergeant
Computer Services Manager
Public Works Administrative Assistant
CONFIDENTIAL
Executive Secretary
Legal Assistant
Personnel Assistant
Administrative Secretary
Secretary
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APPENDIX "B"
Health, Welfare, and Retirement Benefits
The city agrees to provide health, welfare and retirement benefits in accordance with
this appendix for employees subject to this resolution.
1. Health Insurance.
A. Premiums for Blue Cross/Blue Shield Plan V-A, including Full Service Vision
insurance, for employees and their dependents. Coverage will commence for
new employees the first of the month following 90 calendar days from date of
employment unless otherwise approved by the City Administrator.
B. Well Baby Care - All in hospital exams, six doctors office exams the first year
and three exams the second year, to a maximum of $100.00 each exam,
including lab and x-ray expenses. Immunizations and innoculations are covered
under the Blue Cross/Blue Shield plan with a $5.00 copay, the $5.00 is not
reimbursable.
C. Routine Physical Examinations - Routine physical examinations will be
provided for employees and dependents as follows:
Age 2-18 once every 3 years up to $ 50.00
Age 19-34 once every 5 years up to $140.00
Age 35-59 once every 2 years up to $140.00
Age 60 & over once every year up to $140.00
2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for
each employee at one times annual salary.
3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life
insurance policy for each qualified dependent of an employee.
4. Salary Continuation Plan. Premiums for the League of Oregon Cities Salary Long
Term Disability Insurance.
5. Retirement. As required by law, the city will contribute to the Oregon State Public
Employees Retirement System for each employee. Enrollment will commence six
months from the date of employment for new employees, unless that person was in
PERS immediately before coming to work for the city. Upon retirement, one-half of
unused sick leave earned will be applied to retirement as provided in statute. The city
will also assume or pay the employees' contributions required by ORS 237.071 for
employees at a uniform rate of six percent.
6. Social Security_. Contributions to Social Security as required by law.
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APPENDIX "B"
Health, Welfare & Retirement Benefits
Page: Two
7. Dental Insurance. Premiums for Blue Cross Option III Dental plan for employees and
their dependents.
8. Medical Insurance for Retirees. Any employee retiring with fifteen or more years of
service with the city and who is age 60 or alder, shall be eligible for participation in the
city's medical insurance program, with the city contributing the cost of Blue Cross
Preferred Choice 65, Plan C, or its equivalent.
9. Deferred Compensation. Deferred compensation in the amount of $15.00 per month
in matching funds per employee enrolled in a city deferred compensation program.
This program is at the option of the employee and contingent upon a minimum $15.00
per month contribution paid by the employee.
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