HomeMy WebLinkAbout3078 AMND 3.08 Personnel Policies
ORDINANCE NO.3 01
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE
CHAPTER 3.08 GENERAL PERSONNEL POLICIES AND
EMPLOYEE RESPONSIBILITIES
Annotated to show a°'~s-and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2.. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All'the authority thereof shall
have perpetual succession.
WHEREAS, The City wishes to ensure clarity and consistency in its personnel rules and
policies; and
WHEREAS, The City improves its operational efficiency by codifying its personnel rules.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC Chapter 3.08 General Personnel Policies and Employee Responsibilities is
hereby amended to read as follows:
SECTION 3.08.010 General Personnel Policies -Purpose.
A. Statement of Purpose. The purpose of these general policies is to maintain a high level of
support for efficient and effective City service through systematic and uniform application of
professional personnel practices. The fundamental objectives of these policies are to:
1. Maintain high ethical standards in local government.
2. Promote economy, efficiency, and effectiveness in the City service.
3. Maintain a uniform job classification plan based upon the relative duties and
responsibilities of positions in the City service.
4. Provide fair and equal opportunity to all persons who enter City service, regardless of
race, color, creed, national origin, sex, sexual orientation, age, religious, or political belief
through proper personnel administration.
(Ord 2746, 1994)
5. Promote high morale among City employees by providing good working conditions and
opportunity for advancement., welfare.
and eon sideration of employee 6. Develop a program of recruitment, advancement and tenure that will make City service
attractive as a career and encourage employees to give their best service to the City.
Ordinance No. _ Page 1 of 34
-7-. Carry out the personnel polivy of the City Conned.
B. Scope and Coverage. These personnel policies shall apply to all employees of the City of
Ashland. Section 3.080.020 contains policies also applicable to elected officials and
appointive officers. These policies are in addition to and in no way replace, modify or
infringe upon existing union contracts or other agreements between the City and its
employees. Any existing employee union contract or agreement with a non-union employee
group is hereby incorporated by reference as further statement of the City's personnel policy
with regard to wages, hours and conditions of employment. In the event of a conflict
between these policies and a collective bargaining agreement, the terms of the collective
bargaining agreement shall prevail.
(Ord 2826 S5, 1998; Ord 2943, amended, 10/16/2007)
C. Definitions of.Terms.
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 employees are paid hourly for work performed and they
are subject to payment for overtime according to the Fair Labor Standards Act.
2. Department Head. A person directly responsible to the City Administrator,
Mayor or City Council for the administration of a department. Department Heads
are exempt from overtime payment.
3. Division Manager. A person directly responsible to a Department Head or the City
Administrator for the operational functions of a City department or division.
Division Managers are exempt from overtime payment.
4. Mid-Level Supervisor. A person reporting to a Division Manager or Department
Head who may receive overtime payment for work outside his/her normal scope and
duties. Mid-level supervisory positions require autonomy, independent decision
making, planning, and may provide supervision to other personnel.
5. Employee. A non-elected person who is hired and paid a wage or salary to work for
the City who has completed the probationary period.
6. Management employee or Manager. The City Administrator, Department Head,
or a supervisor, as defined below.
7. 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.
8. 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.
9. Lead Worker. Any person assigned with oversight or leadership over a project or
workgroup for a specific duration. A lead worker may control resources and direct
work activities to achieve a desired outcome through peer direction, but he or she
does not have full supervisory authority.
Ordinance No. Page 2 of 34
10. Public Official. Any person holding public office as a paid employee, appointed or
elected official. For the purpose of this chapter, paid employee is a public offi cial,
and appointed or elected officials are public officials whether or not they are paid.
1_1. Temporary Employee. An employee who has been hired by the City to work for a
period not to exceed 18 months. Some temporary positions may also be limited
duration positions.
12. Seasonal Employee. An employee hired for the purpose of meeting short-term
work load needs of the City. Seasonal employment shall not normally exceed 1,036
hours per fiscal year.
13. Limited Duration Position. A position funded by a discrete revenue source with a
known expiration date. An employee in a limited duration position may be
terminated on the date the funding expires, and such termination shall be
considered a voluntary termination. Based upon the terms of the funding source,
the conditions of compensation and benefits may differ from the compensation and
benefits payable to regular City employees performing substantially similar work.
The term of employment of an individual in a limited duration position may exceed
18 months without conferring with the individual. The City may, in its sole
discretion and based upon additional discrete revenue, extend the term of
employment past the initial funding expiration date and such extension shall not
change the limited duration status of the employee.
14. On-Call Employee. An employee who does not have regular hours of work or a
regularly assigned work schedule and who is available to work on an as-needed
basis. There is no guarantee of any hours of work for any on-call employee.
15. Part-time Employee. An employee who works less than 40 hours per week.
16. Hourly Employee. An employee who works less than half-time on a year-round
basis.
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policy. The proper operation of democratic government requires that public
officials, including elected officials, appointed officials and employees be independent,
impartial and responsible to the people; that governmental decisions and policy be made in
the proper channels of the governmental structure; that public office not be used for personal
gain; and that the =public have confidence in the integrity of its government. In recognition
of these goals, there is hereby established a Code of Ethics for all public officials, whether
paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all public officials by
setting forth those acts or actions that are incompatible with the best interests of the City of
Ashland. It is also the purpose of this Code to assist public officials in determining the
proper course of action when faced with uncertainty regarding the propriety of a
contemplated action, thereby preventing them from unwittingly entangling public and private
interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical
standards in the City service, and to increase public confidence in the integrity of City public
officials.
Ordinance No. Page 3 of 34
The provisions of ORS 244 ("Government Ethics Law") as it currently exists or may
from time to time be amended are incorporated by reference herein. A violation of any
provision of ORS 244 shall be considered a violation of this Code of Ethics.
B. Responsibilities of Public Office. Public officials are agents of public purpose and are
engaged for the benefit of the public. They are bound to uphold the Constitution of the
United States and the Constitution of this State and to carry out impartially the laws of the
nation, state and the City, and thus to foster respect for all government. They are bound to
observe in their official acts the highest standards of morality and to discharge faithfully the
duties of their office regardless of personal considerations, recognizing that the public
interest must be their primary concern.
C. Dedicated Service. All public officials of the City should work to support the political
objectives expressed by the electorate and the programs developed to attain those objectives.
Appointive Officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate authority.
Public officials should not exceed their authority or breach the law or ask others to do so, and
they should work in full cooperation with other public officials unless prohibited from so
doing by law or by officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Council or Mayor, directly or
indirectly, in order to obtain preferential consideration in connection with any
appointment to the City service shall disqualify the candidate for appointment except
with reference to unpaid positions filled by appointment by the Mayor or Council.
2. Use of Public Property. No public official shall request or permit the use of city-owned
vehicles, equipment, materials or property for personal convenience or profit, except
when such services are available to the public generally or are provided as municipal
policy for the use of such employee in the conduct of official business or as a specifically
defined benefit in compensation of employment.
3. Obligations to Citizens. No public official shall grant any special consideration, treatment
or advantage to any citizen beyond that which is available to every other citizen except as
otherwise permitted by law or ordinance.
E. Conflict of Interest.
No publie offieisl,whether- paid or unpaid, shall engage in any business or transaetion
publie interest or- would tend to im. * * ' . ~ of judgment or- netion in the
pei4brmanee of that publie offleial's offlein! duties. Personal, as distinguished from interest ineludes an interest ar-ising from blood or- marriage r-elationships e
elese business or- polifieal asseeiation. Nothing herein prohibits a pubfie effieer from
engaging in any business, profession or employment th I i . .1. . required as-
, regards the eamposition of a Board, Commission or- Committee, (e.g. Planflin
Ordinance No. _ Page 4 of 34
C-emmissioners engnged in real estate pursuant to ORS 227.030 or- Building Ced-e
Board of Appeals, [AMG 15.04.2001 members engaged in speeifie trades).
Speeifie eonfliets of interest are enumerated below for- guidaitee,
L ineompntible Employment. No employee shall engage in or- neeept privat
employment or r-ender sen,iees for- private inter-estswhen sueh employment 0
sem4ee is ineomptitible with the proper- diseharge of that employee's offleial duties-
that employee's offieial duties.
)
interest, government or affairs of the City. Nor- shnil any publie offleial use sueh infer-mation
to advanee their finaneial or- private
or- the finflneial or- private interest o
2 Gifts °°dl C.......... No publi.. °rr.°:al shall ..L anyvaluable gift, whether in the
form of sem4ee, loan, thing or- promise, from any per-son, firm or- earpor-ation whieh
to uw.r m.v...evge .
business dealingswith the
nor shall any sueb employee (1) aeeept nny City; gift,
favor- or- thing of value that ntay tend to influenee the employee in the diseharge 0
their duties, or- (2) grant, in the disehar-ge of their duties, any improper- favor-,
4. Representing: PAvate interests Before City Ageneies or Cour-tS. No eMpl0yee WhOs-e
party, sen,iee or thing of value.
salon, is paid in whole or- in pai4 by the C-iq, shall appear- in behalf of private,
interests before any ageney of the City. An employee shall not represent private
interests in any aetion Qr- proeeeding against the interests of the City in any litigatiom
to whieh the City is a
unless the employee is Representing himself/herself as a
pAvate eitizen on purely personal business. No appointed offleial shall appenr- on
offleial is appointed.
No publie offieial shall aeeept a retainer- or eempe-satim that 0S.Pontingent upon a-
notion by the City.
City, 5. Contraetswith the City. Any publie offieial who has a substantial or- eontrollin
finane-al interest in tiny business entity, transaeflan or- eontimet with the .
the sale of real estate, materials, supplies or sem4ees to the City,
A publie offieini shall not be deemed interested in tin), eontraet or- pur-ehase or- sale
f
Fif Innd Ar Ather- thing of value unless sueh eentraet or sale is appr-oved, awnrded, entered into, or authorized by the publie offieial in an offieial
eapneity.
Ordinance No. Page 5 of 34
L Diselo..... e of T"terest in Legislation. A ny employee o appointed effl ial who has °
au.uvu.ul v. arauu private interest, and who partieipates in diseussion with or gives
other appropriate authority the nature and extent Af ,;--Ph *mtpr-pqt'
7-A.19PeRESt1'ietK eSt$te-b'8iY-Pr9L`ISi9$TNvmiag-iia-aTrisoramrrtrcc-ri~icresvi-cacv."ies
li state laws
uvuu vauuu.p and uaul.avJa.eo a.asua ..lia with more est" ietiy .
F interest Provisions pur-suant to ORS 244.135.)
1. Disclosure. No public official, whether paid or unpaid, shall take any action in the
course of his/her duties, the effect of which would be to the private financial Bain or
loss of (a) the official, (b) any relative of the official or (c) those with whom the
official has a close business relationship, without first disclosing such potential gain
or loss to the proper authority. Nor shall any public official, whether paid or
unpaid, engage in any business or participate in any proposed or current City
transaction, contract, purchase or sale which is potentially incompatible with the
proper discharge of that public official's official duties or which would tend to
impair independence of judgment or action in the performance of that public
officials' official duties without first disclosing such potential incompatibility or
impairment of independent iudgment or action to the proper authority. For elected
officials, such disclosure shall be made in an open meeting to the elected body on
which the official serves. For appointed officials, such disclosure shall be made in
an open meeting to the appointed body on which the official serves. For employees,
such disclosure shall be made in writing to the employee's immediate supervisor and
Department Head. Any employee or appointed official who has a financial or other
private interest in a particular matter shall disclose the nature and extent of such
interest on the records of the Council before participating in Council discussion on
or giving an official opinion to the Council on the matter.
2. Transactions with the City. A public official acting in an official capacity shall not
recommend, approve, award, enter into or authorize a City transaction, contract,
purchase or sale to which one of the parties is (a) the public official acting in his or
her own behalf, (b) a relative of the official or (c) a business entity in which the
official or a relative of the official has a substantial or controlling interest.
3. Gifts. No public official shall solicit or accept gifts, favors, services, compensation,
retainers or promises of future employment from a source with a legislative or
administrative interest in the performance of his/her official duties or in
anticipation of official action to be taken by the public official or by the City. For
purposes of this provision, "gift" means something of economic value given to a
public official, a candidate or a relative or member of the household of the public
official. A public official may not accept a gift from a source with a legislative or
administrative interest in the public official's official duties if the gift has a value in
excess of $50 or smaller gifts from a single source with an aggregate value exceeding
$50 in the course of a calendar year. Gifts received by City employees with a value
Ordinance No. Page 6 of 34
of less than S50 shall, to the extent practical, be shared with other Citv employees.
Public officials may accept gifts with de minimis value, such as caps, coffee mugs,
pens and paperweights, and are not expected to share such gifts.
4. Remuneration Contingent on City Action. No public official shall accept a retainer
or compensation that is contingent upon a specific action by the City.
5. Disclosure of Confidential Information. No public official shall, without proper legal
authorization, disclose confidential information concerning the property,
government or affairs of the City that is confidential or not readily available to the
public. Nor shall any public official use information that is confidential or not
readily available to the public to benefit private interests, including the official's
private interests, at the expense of or in conflict with the public interest.
Information that is public may not be readily available to the public if a special
request is required to obtain the information or if special knowledge, such as that
acquired as a public official, is needed to take advantage of the information.
6. Representing Private Interests Before Courts or City Departments or Elected or
Appointed Bodies. No appointed official shall appear on behalf of a client for a fee
or pro bono before the board or commission to which that official is appointed. No
employee whose salary is paid in whole or in part by the City shall appear on behalf
of private interests before any department or elected or appointed body of the City.
An employee shall not represent private interests in any action or proceeding
against the interests of the City in any litigation to which the City is a party, unless
the employee is representing himself/herself as a private citizen on purely personal
business.
7. Incompatible Employment. No employee shall engage in or accept employment from
or render services for another person or entity when such employment or service is
incompatible with the proper discharge of that employee's official duties for the
City or would tend to impair independence of judgment or action in the
performance of that employee's official duties.
8. More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses
public officers and employees from compliance with more restrictive state laws
applicable to the particular public position. Planning Commissioners, for example,
are subject to more restrictive Conflict of Interest Provisions pursuant to ORS
244.135.
F. Political Activity.
.-J he administrative sei=viee shall use the prestige o
position in ve..w.a of u.:), politien! pfkr-ty. No employee in the administrative sefviee
orally, shall otherwise, by letter- or- assessment, any f nor shall an
employee be a pat4y to sueh sobeitation by others; nor- shall mt employee tiflie no aetive
~eity.
Ordinance No. Page 7 of 34
Employee involvement in certain political activities is protected under the First
Amendment. However, under Oregon and federal law, there are some restrictions on
the political activities of Oregon public employees. City employees are expected to be
familiar with and to comply with these laws as they currently exist or as amended.
Oregon law (ORS 260.432(2)) requires that: "No public employee shall solicit any
money, influence, service or other thing of value or to promote or oppose any political
committee or to promote or oppose the nomination or election of a candidate, the
gathering of signatures on an initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder while on the job during working hours.
However, this section does not restrict the right of a public employee to express
personal political views."
The Hatch Act (federal law) further requires that employees whose principal job
responsibilities are financed in whole or in part from loans or grants made by the
federal government may not use their official influence to interfere with or affect the
result of an election or a nomination for office. An employee covered by the Act may
not, either directly or indirectly, coerce or advise another employee to contribute
anything of value in any form whatsoever to any organization or agency for political
purposes.
The expression of personal political views while on the job during working hours is
permitted only to the extent that such expression does not interfere with the
performance of the employee's duties or performance of the duties of other employees.
While on the job, during working hours, any comment or suggestion to fellow
employees or the public to vote a certain way is prohibited, even if it does not interfere
with the performance of duties of the employee or other employees. Politically related
activities such as fundraising, soliciting volunteer help on political campaigns or
disseminating partisan election material is prohibited while on the job during working
hours.
No public official shall promise an appointment to any municipal position as a reward for
any political activity.
G. Applicability of City Code - e2s of Ethics and State Ethics Law; Responsibility
for Defense.
When an employee has doubt as to the appheability of a provision of this e0de to a
par-fieular- situation, the), should apply to the Cib, Administrator,Who is ehfir-gedWith
the implementation of this eode for an nilvisory opinion, and be guided by that opinion
when ga♦uu• The eual.rvJee auuu have the asl.l.v
the foets at issue and of the appheable prevision(s) of the eode before sueh advisory
deeisoon is made. All stieh requests for adviee shall be treated as eofifidentifth This eade
shall be oper-afive in all instanees eovered by its provisions exeeptwhen superseded by or-dinanee or- resolution
uu ulal.• a.wasae statute, ara ♦auaasu..a. or resolution, and eseh
_ statute, Ordinance No. _ Page 8 of 34
n etion is ndat..... when the ..ppli°°N°° of a statute ordinance o solution
pr-ovision is diser-etionary but deter-mined to be more appropriate or- desirable.
This City ethics code shall be operative in all instances covered by its provisions except
when superseded by an applicable statute, ordinance or resolution which is mandatory
or when the application of a statute, ordinance or resolution provision is discretionary
but determined to be more appropriate or desirable. Full compliance with the City
code of ethics and with Oregon's Government Ethics Law is the personal responsibility
of each public official. The opinion of the City Administrator, the City Attorney, or the
Mayor shall not be considered an affirmative defense if a public official is charged by
the Oregon Government Ethics Commission with a violation of state Ethics Law. Any
public official accused of violating the state Ethics Law shall be solely responsible for
the costs of his or her defense before the Oregon Government Ethics Commission. If
the charges are dismissed or determined to be unfounded, the City Council, at its sole
discretion, may elect to reimburse a public official for some or all of the costs incurred
by the official.
1. Employees. When an employee has doubt as to the applicability of a provision of
this ethics code or the Government Ethics Law to a particular situation, the
employee should apply to the City Administrator, who is charged with the
implementation of the City's ethics code for an advisory opinion, and be guided
by that opinion when given. The employee shall have the opportunity to present
his or her interpretation of the facts at issue and of the applicable provision(s) of
the ethics code or Government Ethics Law before such advisory decision is
made. All such requests for advice shall be treated as confidential. The City
Administrator may ask the City Attorney to provide an advisory opinion based
upon the facts presented, which opinion shall be subject to the attorney-client
privilege.
H-. 2 "py fi., bi fit.. ; e r d Appointed and Elected Officials. When an appointed official
or an elected official has doubt as to the applicability of a provision of this Bede to a
pat4ieular- situation, they sheuld apply to the Mayor foF a determination and
deteirminatin" shall have the opportunity to present any fiaets they deem relevan
to the determination. The), shAl also hn,.,e the opportunity to present any
argument they may have as to what they deem an appropriate determination.
The Mayor- may request the City Attorney to provide an fidAsory opinion based
upon the faets presented. The determination of the Alayer as to the applieRbility
of a pr-ovision of this efide, tH a partienlar situation shall be final, unless -a
majority of the Couneil ealls Up the determination for- review by the full Couned
at the meefing following the determination. ethics code or state Ethics Law to a
particular situation, he or she may seek an advisory opinion from the City
Attorney. If an appointed or elected official requests advice on an ethics
question about that official's actions or potential actions, the opinion itself shall
be subject to the attorney-client privilege and not be disclosed to the Mayor,
Ordinance No. Page 9 of 34
Council members, or anyone other than the requesting official without the
official's explicit approval.
3. The opinion of the City Administrator or the City Attorney, shall not be
considered an affirmative defense if a public official is charged by the Oregon
Government Ethics Commission with a violation of state Ethics Law..
IH. Code of Ethics Definitions:
1) Employee - €For the purposes of this section, "employee" shall mean one who is hired
and paid a wage or salary to work for the City other than elected or appointed officials.
2) Appointed Official - €For the purposes of this section, "appointed official" shall mean a
person who is appointed to serve on one of the City's boards or commissions and shall
also mean the City Administrator and City Attorney.
3) Elected Official - €For the purposes of this section, "elected official" shall mean one who
is elected by the registered voters of the City of Ashland to serve the city and shall
include: the Mayor, the city councilors, the city recorder, the municipal judge and the
parks commissioners.
4) Public Official - For purposes of this section, "public official" shall mean any
employee, appointed official or elected official.
5) Private Interests - The interests, including but not limited to financial interests, of
discrete individuals or entities, as distinct from the interests of the City as a whole or
the interests of its citizens in general.
Relative - (a) The spouse and any children, siblings, parents, or spouses of siblings
or parents of a public official; (b) any children, siblings, parents, or spouses of
siblings or parents of a public official' s spouse; (c) any individual for whom a public
official has a legal support obligation; or (d) any individual for whom a public
official provides benefits arising from the public official's public employment or
from whom the public official receives benefits arising from that individual's
employment.
dI. Municipal Court Judge. Notwithstanding any other provision of this ordinance, the conduct
of the Municipal Court Judge, an elected official, shall be governed by the Rules of Judicial
Conduct of the Oregon State Bar, including subsequently enacted amended, reordered, or
renumbered versions thereof, (2996-yersietr) specifically incorporated herein and made a
part hereof by this reference.
Ki.Sanctions. Violation of any provision of this section, determined after notice and an
opportunity to be heard, shall constitute cause for disciplinary action up to and including
termination for an employee, or removal from office of an appointive ee` appointed
Ordinance No. _ Page 10 of 34
official. Discipline or removal actions shall be in addition to, and not in lieu of, any other
City initiated sanction or penalty authorized by Title 1 of the Ashland Municipal Code.
A Personal A ppea"anee and Cong.•ot All employees c eeted to maintain high -
tire standards of nppenr-amee. and ;;;A;-et. Personal appear-anee and- eondduet appr-oprinte-
to the employee's-position are important in gaining favor-able publie opinion of the elean and well groomed
neat,
proper- uniform and present a neat and well groomed general appearanee.
2. When transseting their- own business off-air-s, employees of the City are e3kpeeted to
maintain good r-eIntiAnq with the business eommunit~-
Z Neat..,.....of ...a..l. peF for-med is pw4ant Proper- attitude, ,.our-tesy and eanduet on
and off the job are of impor-tanee to the individual as well as to the City. All City
City,
employees are engnged in publie r-elationswer-k. All repr-esentatives of the regardless of het1.ar publie o ..tact., are d:reet a nd:. eet) or-whether they are by
telephone or in per-son, shall be
effieient and helpful to all in their- wer-1;
f
.
and shal' do the best job possible . - 4. Favorable impressions ereated by th~ employee's eout4eous publie relations
relations, develops good will and support for the City sen,iee. in publie
eity
offieials, eity administrators, fellow employees, and the eitizenry expeet City
employees to do their-wor-1k property and effieiently and to assume an obligation o
loyalty and int. rest in the Cit..la ...al fa..a 7 o .alty is due the City sen,iee as a wLola
)
not merely the pai4ietflar- department in whieh the employee isworld
employee should to La pride in servieing the local o nt and- should strive to
advanee the City's interestswher-ever- possible, to defend it agninst unjust er-ifleism,
to proteet its prepei4y, and to be of genitine sen,iee to the people of the City e
Ashland.
B. Causes for Mlar-nine. Susnension or- Dismissal. Diseiplinar-y fietion may be imposed
upon any employee for failing to fulfil their- responsibilities as fin employee. Condue
aetion. General reasons for-whieh an employee may be diseiplined inelude but are not.
limited to i
1. Winking intoxienting bever-ages or- use of illegal drugs while on the job, or ar-r-Jiving
on the job ...da.. the in flu,.nee of intoxicating beverage illegal d..•.o...
duty, 2. Alliolaflon of a lawful insubordination, breneh of f )
3. Being absent &em wor-kiwithout per-mission or failing to report to the supervisor- or
4. Being hnbitually absent or f
5. Failure to perform assigned work in an effieient manner-, being wasteful of mater-W-1
time;
property, orwor-king 6. Abusive language or eonduet;
Ordinance No. _ Page 11 of 34
7. inability to get along with fello at wor-k being performed is
hindered or below required standards-,
8. Committing a felony or being eonvieted of a misdemeanor- involving moral
turpitude;
O Use of religious oli :eal or- fraternal infl.,' nce in the pursuit of Gay business;
rules;
10. Willful or- flagr-ant vielation of safety 11. ViRlAtiAN Af the City's Code of Ethies.
G Form of iliseiiJi........ A etion Diseiplina netion °'•1..'1" tl"` follawin .
1. Oral reprimfmd
2. Mlr-itten reprimand
Demotion
. c..vsio.r
4. Suspension
C Disehar-ge
line, Any diseiplinary netion imposed upon an employee shall be protested only as a
grievanee through the regular- gr-ievanee preeedure. in the administration of diseipline,
the City shall fellew due preeess as required by laww
applieation, meaning or- interpretation of these polieies shall be settled through the
grievance preeedures established in eur-r-ent employee union eontraets find other- formal
agreements between the City and non union employee groups.
E. StAke Pr-oh9hjt`--. Par-tieipation in a strike shall be unlawful for any publie employee
employees
(Ashland 1%4unieipal Code Seetion 3.04.090). in the event of a pieliet who refuse to eros4 the pieket line shall be deemed to be engaged in a prohibited stAke
and shall be subjekt to diseiplinary netion.
F. in the event of res-gnation, awritten resignation should be submitted
.1
,
the preferably not less than ten (10) working days. Sueh Retion 44,011 be A- orvdit to the
employee's reeord and facilitate the' g of a person to fill the vacancy.
SECTION 3.08.040 General Personnel Policies and Procedures.
A. Prerequisites for Employment. Prerequisites for employment by the City of Ashland as a
full-time employee are:
1. Applicants must be of legal employment age as determined by bona fide iob
requirements.
2. Applicants must submit either a completed City application form or a r6stm3e resume of
education and experience in order to be considered for employment.
3. Applicants for "safety-sensitive" positions may be required to take a physical examin-
ation scheduled by the City and at City expense prior to being hired. (Ord 20d
4. Employment shall not be denied on the basis of familial relationship except for members
of the immediate family of either the Mayor, a member of the City Council, or the
appointing power; or as otherwise provided for in ORS 639.131659A.309. (Ord. 2060,
Ordinance No. Page 12 of 34
1980). No individual shall be advantaged in securing and/or maintaining full-time
or part-time employment or promotional opportunity as a result of nepotism,
defined as an employment advantage from a familial or an intimate personal
relationship with another full or part-time employee of the City. Relatives and
employees in close personal relationships may work for the city as long as the
employment relationship can be insulated from actual or potential conflicts of
interest in the workplace, and so long as neither relative has direct supervisory
authority over the other.
5. All statements submitted on the employment application or attached resume resume
shall be subject to investigation and verification.
6. All information obtained during the application process shall be considered confidential
to the extent legally practicable.
7. No question in any application form, test or interview or by appointing authority shall be
framed as to attempt to elicit information concerning race, color, ancestry, sex, sexual
orientation, age, national origin, political or religious affiliation. (Ord 2746, 1994)
B. Probationary Period for New Employees. The probationary period is an integral part of the
employee selection process and provides the City with the opportunity to upgrade and
improve the departments by observing a new employee's work, training, aiding new
employees' adjustment to their positions, and by providing an opportunity to reject any
employee whose work performance fails to meet required work standards. FAer-y All new
employees shall serve a minimum probationary period as determined by union contract or
non-union agreement but in no case less than six (6) full months after which,. and upon
recommendation of their Department Head, they shall be considered a regular employee.
The probationary period may be extended upon request of the Department Head if an
adequate determination cannot be made at the end of the probationary period.
G PFFIMAt4aafll Regular- employees promoted into a highe
Probationam, Per-02d
ao....wuvn a.,w.l av. w promotional
City o ffiees and departments shall
D. Hours of Business. The hours during .r.....u w
open .m business l.a
shall be dater-mined by the City f`ouneil upon .lotion of the
Gity Administrator-.
E. Attendanee. Full time employees shall per-form a full day'swork eaeh and every
day. Tardiness shall be a eause for- diseiplinary aetion. if an
employee for some unavoidable reason eannot report for-work, that employee is
expeeted to notify their supen,isor or Department Head not later- than the beginning of
is eensidered to be indifferenee to the City's interest diseiplinary
{
AGTTnf
C. Personal Appearance and Conduct. All employees are expected to maintain high
standards of appearance and conduct. Personal appearance and conduct appropriate
to employees' positions help establish and maintain favorable public opinions of the
Ordinance No. Page 13 of 34
City's services. Each employee should strive to maintain a neat, clean and well-
groomed appearance.
1. Employees in the uniform services should pay particular attention to being in
proper uniform and present a neat and well-groomed general appearance.
2. Neatness of work performed is important. Proper attitude, courtesy and conduct on
.and off the job are of importance to the individual as well as to the City. All City
employees are engaged in public relations work. All representatives of the City,
regardless of whether public contacts are direct or indirect, or whether they are by
telephone or in person, shall be courteous, efficient and helpful to all in their work
and shall do the best job possible on every assignment.
3. Favorable impressions created by the employee's courteous public relations develop
good will and support for the City's services. In public relations, city officials, city
administrators, fellow employees, and the citizenry expect City employees to do
their work properly and efficiently and to assume an obligation of loyalty and
interest in the City's welfare. Loyalty is due the City service as a whole, not merely
the particular department in which the employee is working. A City employee
should take pride in servicing the local government and should strive to advance the
City's interests wherever possible, to defend it against unjust criticism, to protect its
property, and to be of genuine service to the people of the City of Ashland.
FD. Departmental Rules and Regulations. Each department of the City is encouraged to have
established rules, regulations and procedures. Each rule, regulation and procedure shall be in
harmony with the requirements established within this document, existing employee union
contracts, and other existing agreements between the City and its employees.
CE Personnel Records. The City Personnel AssistaW Human Resource Office shall be
responsible for the proper administration of the personnel program and shall maintain the
official personnel records for each employee. Personnel records of employees shall be
considered confidential and shall be available for inspection only to the employee and
authorized City officials. 4-. An Eemployees will be entitled to inspect their his/her
personnel record two (2) times dur-ing eaeh ealendar year upon request; 117
acknowledge the placement of new materials in their the employee's personnel file; and 3.
challenge or reply to materials which the member employee believes to be obsolete or
otherwise inappropriate for evaluation, promotion or retention.
H. Alaeaneies and Promotional Opportunities. it shall be the policy of the City tha
whenever it vaeaney occurs, it shall be open to applipants FBM- h-A-th ivithin andwithou
the City seMee. in the event that tw 2) 1:aa~t° for a job a ally
ali fledf City employees shall be g ~ first preference The Cit , shall be the sale
judge of an employee's qualifientions and ability.
1. Outside Employment Out. ide a ployment shall be . mitted only with the express
prier-written appr-oval of the City. The general pr-ineiples to be followed by the City in
permitting or- restFieting sueh outside employment shall be,
L weed for- mentally and p hfsienlly aleA City employees;
2. insulating employees from potential eonfliet of interest situations-,
Ordinance No. Page 14 of 34
3. vauuuuuu.. g ..u....m...y unimpaired by vu. , par-tieular-ly for these City
positions requiring employees to be available far- duty twenty four- (24) hours a doy.
in the event that the above pr-ineiples are violated, the 04~, may revelie previousty
gr-finted per-mission to hold outside employmentz
3F. Pay Periods. Unless otherwise agreed by contract, -Eemployees 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 last preceding workday shall be the regular pay date in lieu thereof
pay per-iods for firefighters shall be as speeified in the eur-r-ent labor- agreemen .
KG. Residence Requirements. City residency shall not be a condition of employment or
continued employment. However, employees regularly assigned to stand-by status will be
required to live within the Ashland area, as prescribed by Union Contract or non-union
employee agreement. epar t...ent Heads are al a to I: :thifl the City
limits: Residency within the Urban Growth Boundary is encouraged for the City
Administrator and for Department Heads. Existing City employees promoted into the ,
position of Department Head will not be required to move as a result of a promotion,
but are strongly encouraged to move within the Urban Growth Boundary once
appointed as a Department Head.
Individuals in certain safety-related or emergency response iob classifications, as
determined by resolution or by administrative action at time of recruitment or hire,
shall establish their residence to enable them to report for emergency duty within 40
minutes of notification including "get ready" and travel time. Examples of such
classifications include but are not limited to:
Public Works Superintendent
Street Supervisor
Wastewater and Reuse Supervisor
Water Quality and Distribution Supervisor
Water Treatment Plant Supervisor
Electric Operations Superintendent
Fire Division Chief (EMS, Fire and Life Safety and Operations Divisions)
Dcputy Police Chief/Lieutenant
Police Sergeant
Computer Services Manager
AFN Operations Manager
Network Administrator
Senior Information Systems Analyst
Information Systems Analyst/Programmer
User Support Coordinator
Maintenance and Safety Supervisor
Telecommunications Technician
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.
Ordinance No. _ Page 15 of 34
Department Heads may identify other positions which require emergency response
within 40 minutes to meet operational requirements.
LH Mileage and Travel Expenses. ^ ny employee required to -,.«°-t f - speei..1 duty e
eempensated for such use. Expenses will be reimbursed for costs associated with travel
while on City'business in accordance with the City's travel reimbursement policy.
M Oeeasionally emplayees may wish te attend eenferenees or conventions or
the), may be requifed ie travel autside theAshland area on City business. Deeisions
iixua°c by the ijoroTncpiscmcac-rrcilci. with the approval of the eity
Av1j,.'u . paftiep.tion
e::r.vr the direct relation of the -1. to the ..1 jeet .....fate. ofthe
the pleyy~.. yu. uw
meeting. Members of professional seeieties will be perfflitted te attend meetings of thei
h°°tq ghnll 1", f.11,.A out by the ,..««1,...,.,.
...y. .......,,,.,....,.y ..y.,., ,.,..,..y .,ny.,..o.,
11 he Review °«'1 u..u a u}ero:u. by the approval by the Department Read ...:11 be fequired prier to payment by the
.w......
BFI. Selling and P°a Soliciting among Employees. No pedu:: ng, s°lieitat7°° sale r.._
ehar-itable purposes or- other- r-ensens will be allowed nmong or by employees durin
working hours • nless approved by the City Administrator-. Employees may use bulletin
boards in employee break rooms and other non-public areas for the purpose of selling
or bartering personal goods and services when only the employee is the beneficiary of
such a sale or barter. Actual transactions shall take place only outside of work hours or
on employees' non-paid break time. An employee may also use such bulletin board
resources for the purpose of advertising fund-raising activities by non-profit
organizations with which the employee is affiliated. In compliance with ORS 244, the
use of bulletin boards for these purposes is considered part of an employee's
compensation package but is deemed to have no cash value.
OJ.Cost Consciousness. Fyery City employees as n eitizen and , should minimize
expenses whenever possible in the discharge of their duties.
1. Lights, electric heaters, motors, etc., should be turned off when not needed.
2. City equipment should be well cared for and maintained.
3. Conservation should be practiced in the use of all City supplies.
PK.City Equipment. City employees who are assigned vehieles ° °'h°- equipffiena ° who
f °fa : 1 1, in no ease is Gity ° ent be used f°_ private pttfpese. equipment
shall not be used for personal purposes, except as permitted in the City's vehicle policy.
Ordinance No. Page 16 of 34
Employees who are assigned vehicles or operate trucks or other heavy equipment are
required to be in possession of a current Oregon operator's license. In addition, the City will
periodically check the driving records of these employees to insure that their operator's
licenses are current. Employees who are assigned vehicles or to operate trucks or other
heavy equipment must report any change to driving privileges to his/her supervisor
immediately.
QL.Uniforms, Protective Clothing and Devices. If an employee is required to wear a uniform,
protective clothing, or use any type of protective device, such article shall be provided by the
City. Lost articles or damage to articles due to negligence shall be reimbursed to the City by
the employee. Failure of an employee to wear such required uniform, protective clothing or
use such protective device as prescribed by the City shall be cause for disciplinary action as
set forth in Section 3.08.939100.
RM. Safety. All employees are urged to practice safety at all times. Mishaps and accidents can
be avoided if safe conditions are maintained. All employees are expected to abide by the
appropriate federal and state safety standards associated with their work as well as City
safety standards established through work rules. Willful violation of such rules shall be
grounds for disciplinary action.
Department Heads and supervisors are encouraged to establish safety programs and regular
safety briefings for the employees in their departments.
All employees are responsible for immediately reporting safety standard violations or unsafe
working conditions or equipment to their immediate supervisors.
In the event of an accident involving a City employee on City time, or eft City equipment, or
City property, the accident should be immediately reported to the employee's supervisor and
the Safety Coordinator City's risk mana¢ement team.
r Under direetion of the Direetor of Finanee -the General Sen,iees Supe... a"^" has been
designated the Safety Coordinator, responsible for the administration of the City's
safety program..
SN. Recovery of City Property. Upon termination with the City for whatever reason, Ciiy-
owned equipment, clothing, keys, I.D. card, etc., checked out to the employee must be
returned prior to issuance of the employee's final check. Loss of keys, ID cards or other
items while on the Job must be reported to a supervisor immediately to prevent a
breach in security.
TO. Legal Liability. The City shall purchase liability insurance in the maximum amounts set
forth in ORS-36'270 for the protection of employees against claims against them incurred in
012 s or arising out of the performance of their official duties.
30. z72 1. If an employee is negligent in the performance of their his/her other duties and
I~ responsibilities, such as failure to report faulty or unsafe equipment or negligent
Ordinance No. Page 17 of 34
operation of a motor vehicle, and accidents result from such conditions, the employee
may be held personally and legally liable.
2. A good employee will abide by laws and regulations and perform assigned duties as a
reasonable, prudent person and not in a negligent manner. Such an employee will strive
to preserve the honor, trust, confidence and respect that is bestowed upon them by the
public.
SECTION 3.08.050 Classification Plan.
A. Position Classification Plan. The City Administrator shall prepare and be responsible for a
position classification plan which shall be a part of these policies. Copies of this plan and of
specifications for individual classes shall be available in the wee Human
Resource Office.
B. Titles and Specifications. The position classification plan shall include titles and written
specifications for the various classes of positions as a guide toward equal pay for equal work.
Job titles shall refer to a particular position and not to the individual.
1. Each position shall, on the basis of the duties and responsibilities of the position, be
allocated to an appropriate class.
2. Each class shall have a specification that includes a concise, descriptive title, a general
description of the duties and responsibilities of each position in the class, and a statement
of the minimum or the desirable qualifications for each such position.
The position specifications take into consideration the requirements of the job and are
merely descriptive and explanatory of the work to be performed. They may not
necessarily include all of the duties.
C. Reclassification.
1. The City Administrator may reclassify a position whenever its duties change materially,
provided the reclassification can be accomplished within the limitations of the current
budget of the City.
2. Reclassification to a new position or a change in iob title shall not deprive an. employee
of, or change the date of eligibility for, scheduled pay increases which would otherwise
have been granted.
3. If an employee is promoted, or a position reclassified, to a class having higher salary
range the employee's salary rate step shall be adjusted to the minimum rate of the new
class. However, if the employee's current salary rate step is higher than the minimum
rate for the new class, adjustment will be made to the next highest rate which exceeds the
employee's current rate step.
4. When reclassification to a new position or a change in iob title is a result of a bona
tide promotion, the date of the promotion to the new iob classification shall become
the anniversary date for any future salary adjustments.
45. When an employee is transferred between positions with no change in classification or is
transferred or reclassified to a class having the same salary range, the rate of pay shall
remain the same.
Ordinance No. Page 18 of 34
D. New Positions. The City Administrator may create new positions and allocate the positions
to an appropriate class. The City Administrator shall prepare appropriate class specifications
therefor. (ORD 2801, 1997)
SECTION 3.08.060 Affirmative Action Plan.
The City Administrator is the designated Chief Affirmative Action Officer. Day to day
administration of the City's affirmative action program is the responsibility of the Personnel
Assistant. A copy of the City's Affirmative Action policy and program shall be on file in the
office of the Personnel Assistant.
SECTION 3.08.070 Pay Plan and Compensation.
A. Pay Plan and Compensation. The pay plan and compensation for each classification and the
positions within that classification will be that established by current employee union
contracts and formal agreements between the City and non-union employees.
B. Appointee Compensation. An appointee to a new position shall receive the minimum salary
for that position except as follows:
1. In cases of unusual difficulty in filling the position.
2. In hiring exceptionally qualified personnel, the City Administrator may cause the
appointment to be made at a salary above the minimum, but not more than the maximum
for the position.
3. Employees appointed to a position above the entry level salary will be required to
complete the full length of service required for the next regularly scheduled pay increase.
However, management the City Administrator, on the recommendation of an
employee's supervisor, may at any time ehoese to grant an increases for meritorious
service.
SECTION 3.08.080 Holidays and Employee Benefits.
A. Holidays. The following shall be recognized as Holidays:
New Years Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (in lieu of Lincoln's birthday)
Christmas Day (December 25)
Whenever a holiday shad-falls on Sunday, the succeeding Monday shall be observed as the
holiday. Whenever a holiday shA falls on Saturday, the preceding Friday shall be observed
as the holiday. In order to be eligible to receive holiday pay, an employee must work the last
scheduled workday prior to the holiday and the first scheduled workday following the
holiday.
Ordinance No. Page 19 of 34
Police Sergeants shall receive paid compensation in addition to regular salary for each
of the holidays listed above, in lieu of time off consistent with what is afforded other law
enforcement officers of the City of Ashland. 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. In the event that a Sergeant terminates
employment for any reason, he/she will receive pay only for the holidays which have
elapsed that calendar year. If more holidays have been taken as time off than have
actually occurred at the time of termination, those hours overpaid will be deducted
from the employee's final paycheck unless other arrangements are made to repay the
City.
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.
Employees working an alternate work schedule will receive compensation for eight (8)
hours. Employees working four 10-hour days will receive eight (8) hours compensation
for any holiday that falls in their regular work day. Employees may use accrued
vacation or compensatory time (if applicable) to make up the extra two hours, or they
may be permitted to flex their schedule during a week which contains a holiday to
ensure they receive full pay. In no event shall an exempt employee receive pay for more
than 40 hours/week due to a holiday or alternate work schedule arrangement.
B Vaeatieii . \/aeation leave !aken shall net be in exeess ef!hat aet....lly aeefued at the t:...,, a
is taken, and generally is not granted to a new emplayee prier to the eanipletion of six (6)
leave shall be ` ested oft f ."...Provided b the Git..
and u..yau u„a.,..u, Yv,,..y. . u.,ua.v
and shauld be submitted not less than thifty (30) ealendar days prier to the time requested.
Vaeatioiis shall be approved by the Depai4ment Head, atid where eafifliet
shall pfe~,ail exeept in the ease of Department Heads and theif immediate assistants.
Q Siek Leave. Employees neerue siek leave at the rate of eight (8) hours per month of full
service (12 hours per- month for 56 hourAveek personnel). Employees may use sick
leave when unable to peflor-m theirwor-k duties by reason of illness e i J I
DB.neei~, Health-,and4lesimW Insurance. 4eeident, hHealth and hospital insurance to
cover non-occupational injuries and sicknesses are provided to full-time City employees.
Coverage by such insurance begins the first of the month following ninety inm ealendaf days
of employment he date of hire. Specific details of coverage shall be as stated in current
union contracts and other formal agreements between the City and non-union employee
groups.
EC. Retirement. All regular full-time City employees are enrolled in the State of Oregon
Public Employees Retirement System after six months employment. (Amended Ord. 2748
1995)
Ordinance No. Page 20 of 34
FR. Utility Di (Repealed Ord. 2769, 1995)
G. Other Benefit Provisions. All other employee benefits inelvding speeffie provisions
holidays, siek leave, and bbee as set forth in eurrently existing employe
union eentr-aets and other- formal agreements between the City and non union emplo3w
groups.
SECTION 3.08.090 Variances.
The City Administrator shall have the power to vary or modify the strict application of the
policies and rules listed herein in any case where such strict application would result in practical
difficulties or unnecessary hardships. (Ord. 2013, 1979)
SECTION 3.08.100 Discipline and Discharge.
A. Discipline. The following section applies only to those employees who are not subject to
the terms and conditions of a collective bargaining agreement and who do not have a
written individual employment agreement with the city.
1. General. Employees may be disciplined for cause as determined by their
supervisor, Department Head, or the City Administrator. Probationary, temporary,
hourly, and on-call employees, as at-will employees, may terminate their employment
and may be discharged with or without notice and with or without cause. 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 willful giving of false or confidential
information, the withholding of information with intent to deceive when making
application for employment, willful violation of departmental rules, city policy, state
law, commission of an matter listed in AMC SectionB or for political
activities forbidden by state law. Sib 3.0$, 160 (f} C2) >D17
2. Causes for Warning, Suspension or Dismissal. Disciplinary action may be imposed
upon any employee for failing to fulfill their 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. General reasons for which an employee may be disciplined include but are not
limited to:
a. Drinking intoxicating beverages or use of illegal drugs while on the lob, or
arriving on the job under the influence of intoxicating beverage or illegal
drugs;
b. Violation of a lawful duty,
c. Breach of discipline;
d. Incompetence;
e. Being absent from work without permission or failing to report to the
supervisor or Department Head when absent;
Ordinance No. Page 21 of 34
f. Being habitually absent or tardy:
g. Failure to perform assigned work in an efficient manner, being wasteful of
material, property, or working time;
h. Abusive language or conduct;
i. Inability to get along with fellow employees so that work being performed is
hindered or below required standards;
i. Committing a felony or being convicted of a misdemeanor involving moral
turpitude;
k. Use of religious, political or fraternal influence in the pursuit of City
business;
1. Willful or flagrant violation of safety rules;
m. Violation of the City's Code of Ethics;
n. Willful failure to follow a lawful directive from a direct supervisor.
3. Forms of Discipline. In general, the City will follow principles of progressive
discipline when implementing discipline. However, the form of discipline to be imposed
in a particular situation will depend on factors such as the severity of the offense, the
number of occurrences of the same or similar offenses, the employee's work history and
record of prior discipline with the City and any other relevant factors. Disciplinary
action generally will consist of one or more of the following:
a. Oral warning;
b. Written reprimand;
c. Suspension;
d. Demotion;
e. Discharge.
4. City Reservation. The City reserves the right, depending on the circumstances of
the particular situation, not to follow progressive discipline and to implement or impose
one or more of these disciplinary actions, to bypass one or more of these disciplinary
actions or to take or implement other forms of disciplinary action if determined to be
appropriate by the employee's supervisor, Department Head, or the City
Administrator. The City further reserves the right to take or implement non-
disciplinary actions that may be appropriate as part of a corrective action plan,
including, but not limited to, unscheduled performance evaluations, work plans, last
chance agreements, additional supervision or training, referral to counseling or
mediation, restructuring of job assignments, or other actions as deemed appropriate.
5. Employee Right to Grieve. Disciplinary actions imposed on non-represented
employees that are otherwise subject to the grievance process may be grieved under the
provisions of AMC 3.08.110 Discipline or discharge of probationary, temporary, hourly
and on-call employees is not subject to the grievance process.
Ordinance No. Page 22 of 34
B. Discharge.
1. Discharge of regular employees: Regular employees may be discharged from City
service for cause as determined by the employee's Department Head or the City
Administrator.
2. Discharge during probationary period: All employees on probation are at-will
employees and, as such, may terminate their employment and may be discharged with
or without cause and with or without notice as determined by an employee's
Department Head or the City Administrator.
3. Discharge of temporary, hourly and on-call employees: Temporary and on-call
employees are at-will employees and, as such, may terminate their employment and
may be discharged with or without cause and with or without notice as determined by
an employee's Department Head or the City Administrator.
4. Eligibility for rehire. Employees who are discharged for cause are not eligible for
rehire in any City Department unless rehire is approved by the City Administrator.
SECTION 3.08.110 Grievance Procedures.
A. Grievances. The City will promptly consider and respond to employee grievances
relating to discipline, discharge, application of the Title 3 of the Ashland Municipal
Code, or to terms and conditions of employment. The City prefers to informally correct
the causes of grievances and encourages supervisors and employees to address and .
resolve problems as they arise. If the cause of a grievance cannot be resolved
informally, for represented employees, the grievance procedures of the applicable
collective bargaining agreement shall apply.
B. Procedure. For non-represented employees, the following procedure for processing
formal grievances shall be followed:
1. STEP I: The aggrieved employee, or group of employees, shall verbally present the
grievance to the immediate supervisor within fifteen (15) -calendar days of the
occurrence of the issue or action giving rise to the grievance or within fifteen (15)
calendar days of the time the employee or group of employees become aware of the
issue or action. The supervisor shall give his/her response within fifteen (15)
calendar days of the date of the presentation of the grievance, not including the date
of presentation.
2. STEP I1,• If the grievance is not fully resolved at Step I, the grievance shall, in detail,
be reduced to writing, signed and dated by the aggrieved employee or group of
employees, and presented to the Department Head within fifteen (15) calendar days
after the supervisor's response is given, not including the date of the response. The
Department Head shall respond in writing to the grievance within fifteen (15)
calendar days of the date the written grievance is presented to the Department
Head, not including the date of presentation. The decision of the Department Head
regarding the grievance of a written reprimand shall be final and binding.
3. STEP III: If the grievance is not fully resolved at Step II, employees, other than
those appointed by mayor and city council, may appeal a suspension without pay,
demotion or discharge to the City Administrator. The written grievance shall be
presented-by the aggrieved employee or group of employees, along with all pertinent.
correspondence, records and information, to the City Administrator within fifteen
(15) calendar days after the Department Head's response is given, not including the
Ordinance No. _ Page 23 of 34
date of the response. The City Administrator may meet with the aggrieved employee
or group of employees, the immediate supervisor, and/or the Department Head
before responding to the grievance. The City Administrator shall respond to the
grievance in writing within fifteen (15) calendar days after the date the written
grievance is presented to the City Administrator, not including the date of
presentation. The City Administrator's decision shall be final and binding.
C. Limitations on Grievances.
L Oral warnings are not subject to the grievance process.
2. Written reprimands can only be grieved through Step II of the grievance procedure.,
3. Discipline or discharge of probationary, temporary, hourly and on-call employees is
not subject to the grievance process.
D. Time Limits. If the grievance procedures established by this section are not initiated by
an aggrieved employee or group of employees within the time limits set forth in this
section, the grievance shall be dismissed and it shall be considered that the grievance
did not exist. If the City fails to respond to any grievance within the time prescribed for
a response, the grievance will automatically advance to the next step.
E. Extension of Time Limits. The time limits for the initiation and completion of the steps
of the grievance procedure may be extended by mutual consent of the parties involved,
which must be documented in writing.
F. Prohibited Practices. No employee may be disciplined, retaliated against or
discriminated against in any way because of the employee's use of the grievance
procedure.
SECTION 3.08.120 Hours of Work and Outside Employment.
A. Work Schedules.
1. Attendance and Reporting Time. Full-time employees shall perform a full day's
work each and every scheduled working day. Employees must be at their
designated workspaces ready to work at their designated reporting times. Tardiness
shall be a cause for disciplinary action. An employee who is not able to report for
work at his/her designated time must notify his/her supervisor as soon as possible
prior to the employee's scheduled shift of his/her inability to report to work on time,
the reason for being late, and an expected arrival time. Each employee shall remain
at work until the end of his/her work day or work shift unless permission to leave
earlier is granted by his/her supervisor or Department Head. An employee who
cannot report for work due to illness or some other unavoidable reasonis expected
to notify his/her supervisor or Department Head as soon as practically possible but
in no event later than the beginning of his/her next scheduled work daV. Absence
from work without prior notification to the employee's supervisor or Department
Head shall be considered an implied resignation by the employee unless
circumstances beyond the control of the employee reasonably prevent the employee
from reporting to work or notifying his or her supervisor or Department Head of
the employee's inability to report to work.
2. Hours of Work. Work hours are established by the City Administrator.
Department Heads shall have personnel available to serve the public at all times
Ordinance No. Page 24 of 34
during work hours, unless otherwise authorized by the City Administrator.
Department Heads may establish flexible work schedules, subiect to approval by the
City Administrator, so long as department operations and public service
requirements will not be adversely affected, and the alternative or flexible schedule
does not conflict with other city policies, the Municipal Code, any applicable
collective bargaining agreement or any applicable wage and hour law. An employee
wishing to work an alternative or flexible work schedule shall submit a written
request to his or her Department Head.
3. Work Week and Work Schedules. The standard work week for City employees is
Sunday through Saturday. Except as may otherwise be defined in a collective
bargaining agreement, work schedules for each department shall be determined by
the Department Head, subiect to approval by the City Administrator.
B. Rest and Meal Periods.
1. Rest Periods. Each employee shall be provided an uninterrupted rest period of
fifteen (15) minutes for every four hours in a work period, to be taken as close as
possible to the midpoint of each four-hour work period. Rest periods must be
provided and taken separately from the employee's meal period and cannot be
saved up to lengthen the employee's meal period or to allow an employee to leave
work early.
2. Meal Periods. All employees who work more than six (6) hours in a work day shall
be given a meal period during the employee's work shift. Except when, due to the
nature and circumstances of an employee's work, an employee is required to remain
on duty or to perform work tasks during the employee's meal period, the
employee's meal period shall be taken as close as possible to the middle of the
employee's work shift. Meal periods shall be at least thirty (30) continuous minutes
in length. Non-duty meal periods are the employee's own personal time. During a
non-duty meal period, an employee shall be free to leave his or her work station and
shall not be expected to perform any work. In the event of an emergency or other
circumstance in which an employee is required by his or her supervisor or
Department Head to remain on duty or to perform work tasks during the
employee's designated meal period, the meal period will be paid time. Meal periods
cannot be skipped or shortened to less than thirty (30) continuous minutes in length
to allow an employee to leave work early.
3. Expression of Breast Milk. An employee shall be allowed an unpaid 30-minute rest
period to express milk during each four-hour work period, or the major part of a
four-hour work period, to be taken by the employee approximately in the middle of
the work period unless the City determines an undue hardship under state law
(ORS 653.077). The City may require, if feasible, that the employee take the rest
periods at the same time as the rest periods or meal periods that are otherwise
provided. This shall only apply to employees expressing milk for her child 18
months of age or younger. The City shall make reasonable efforts to provide a
location, other than a public restroom or toilet stall, in close proximity to the
employee's work area for the employee to express milk in private.
Ordinance No. _ Page 25 of 34
C. Outside Employment. City employees may, in general, engage in employment or
business outside their work for the City, with the written approval of the City
Administrator. However, employees shall not utilize City time, materials, equipment or
resources for such outside employment or business, or allow such employment or
business to conflict with, or appear to conflict with, the employee's work for the City or
with the interests or business of the City. No employee may perform any service or
employment, outside of City employment, or engage in any business for which the
employee receives compensation during the employee's City work hours. Employees
may be subiect to other requirements depending on department needs. Questions or
issues regarding any actual, potential or apparent conflict of interest shall be resolved
by the City Administrator.
In determining whether to permit outside employment, the City shall consider:
1. The need for mentally and physically alert emplovees.
2. Insulating employees from potential conflict of interest situations.
3. Maintaining efficiency unimpaired by other employment, particularly for those City
positions requiring employees to be available for duty twenty-four (24) hours a day.
Any outside employment or business obligations must not interfere with or
adversely affect the employee's ability to fulfill all of the employee's responsibilities
to the. City. If, in the judgment of the employee's Department Head, an employee's
outside employment or business interferes with or adversely affects the employee's
performance of duties for the City, the Department Head may require the employee
to terminate the outside employment or business. Under such circumstances, the
failure or refusal of an employee to terminate outside employment may be grounds
for termination of employment with the City.
SECTION 3.08.130 Promotions, Demotions and Reassignments.
A. Promotions.
1. Process. If a qualified employee applies for an open position, at the discretion of
the City Administrator, the City may opt to promote the employee to the position and
not recruit for the position. The City Administrator may, at his or her option, require
the employee to take any appropriate tests and go through an interview or interviews
and a background check prior to deciding whether to promote the employee to the new
position.
2. Effect of Promotions on Salary . When an employee is promoted to a position having
a higher salary range, the employee's salary step shall be adjusted to the minimum step
of the new position. However, if the employee's current salary step is higher than the
minimum step for the new position, adiustment will be made to the next highest step
which exceeds the employee's current step.
3. Promotional Probationary Period. Employees who are promoted to a new position
must serve a new probationary period of six (6) months in the new position.
B. Demotions and Reassignments. When an employee is demoted for cause to a position
with a lower pay grade, the employee's pay will be reduced to a pay step within the lower
pay grade. When an employee is reassigned for administrative purposes through no fault of
the employee, if the employee's reassigned position is in a lower pay grade, normally, the
employee's pay will be changed to the step in the pay grade for the employee's new position
Ordinance No. Page 26 of 34
that is closest to the employee's current rate of pay. If the employee's reassigned position is
in a higher pay grade, normally, the employee's pay will be changed to the closest step in
the pay grade for the employee's new position which is not lower than the employee's
current rate of pay. Subject to approval of the City Administrator, the salary of an
employee who is reassigned to a position with a lower pay grade maV be held at the
employee's current rate of pay, without adjustments for cost-of-living increases, until the
employee's rate of pay falls within the pay grade for the employee's reassigned position.
SECTION 3.08.140 Vacation, Sick Leave and Other Leaves.
A. Authorization for Leave. Except as otherwise provided in this code chapter, anV
applicable collective bargaining agreement, or as required by law, all requests for leave
must be approved by an employee's supervisor or Department Head.
B. Vacations. Vacation leave taken shall not be in excess of that actually accrued at the
time it is taken, and generally is not granted to a new employee prior to the completion
of six (6) months satisfactory service.
Vacations shall be scheduled in conformance with union contracts, non-union
agreements and departmental policy. Vacation leave shall be requested on forms
provided by the City and should be submitted not less than thirty (30) calendar days
prior to the time requested. Vacations shall be approved by the Department Head, and
where conflicts arise, seniority shall prevail except in the case of Department Heads and
their immediate assistants. .
C. Utilization. Vacation leave shall not be taken in excess of that actually accrued.
However, the City Administrator has the discretion to authorize all management
employees to take vacation in advance of accrual when warranted by special
circumstances.
D. 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.
E. Accrual Limitation. Management and Confidential employees are required to take at
least 75% of their annual vacation accrual as time off each year. All Management and
Confidential employees may elect to receive up to 40 hours as cash on the first paycheck
in April each year. The balance not elected for cash payment will be added to their
cumulative vacation accrual. In no event shall the employee's total vacation accrual
exceed twice the amount of the employee's annual accrual without written approval
from his/her Department Head.
F. Scheduling. Vacation times shall be scheduled based on the City Administrator's or
Department Head's judgment as to the needs of efficient operations.
Ordinance No. Page 27 of 34
G. 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.
H. Administrative Leave. Exempt management employees may be granted up to one week
of Administrative Leave each July at the discretion of their Department Head or the
City Administrator. The purpose of Administrative Leave is to recognize the extra
hours required of exempt managers for which no overtime compensation is afforded.
No cash payment will be made for Administrative Leave, and it can only be taken as
time off during the year in which it is granted. Administrative Leave must be used by
June 30'h each year or it will be deemed forfeited. In the event of termination or
retirement, no cash payment will be made for Administrative Leave. In the event of a
termination, the City may require pro-rated repayment of Administrative leave at the
rate of 3.3333 hours for each calendar month remaining in the year after the date of
termination.
1. Vacation Accrual. Management and other non-represented employees shall be eligible
for vacation with pay in accordance with the following schedule:
Months of Service Monthly Vacation Accrual Annual Vacation Accrual
hours hours
0-48 8.67 104
49 -108 10.67 128
109 - 168 12.67 152
169 - 228 14 168
229 - 288 ' 15.34 184
J. Sick Leave. Employees shall accrue sick leave at the rate of eight (8) hours per month
of full service or twelve (12) hours per month for 56 hours/week personnel. Sick leave
shall only be used when unable to perform their work duties by reason of illness or
injury, or to care for an ill or injured dependent, or to attend a medical appointment
that cannot be scheduled for a time other than the during the work day.
Employees who are ill are encoraged to use sick leave to become well and to prevent the
spread of their illness (if applicable) to co-workers and the public. A supervisor may
require that an employee with an illness leave the workplace. A decision to send a sick
employee home must be based on observable symptoms and behaviors that lead a
reasonable person to conclude that the employee is unable to perform his/her basic iob
duties or presents a threat of infection to co-workers or the public. Supervisors shall
consider the seriousness of the illness and the relative risk to the work group. If the
employee disagrees with the supervisor's assessment, the City may require the
employee to visit urgent care. If the employee receives documentation from the urgent
care physician approving an immediate return to work, the City shall pay for the
Ordinance No. Page 28 of 34
urgent care visit and the time associated with the urgent care visit shall be counted as
time worked.
K. Unscheduled Leave.
1. Employees are responsible for regular attendance at their lobs, per Section 3.08.120
of this Code. Excessive unscheduled absences create a burden on the other members of
the work team and can negatively impact service to customers.
2. Unscheduled leave is any non-qualifying FMLA/OFLA leave that is not approved in
advance. Unscheduled leave can be related to an employee or a family member
becoming ill, but can also include unexpected events that result in an absence. If an
employee is required to leave work due to an illness, the incident shall be considered
unscheduled leave. Supervisors have the discretion to waive an incident due to
extenuating circumstances.
I Supervisors may require documentation from a health care provider for any
unscheduled leave equal to or greater than three consecutive work shifts.
4. Inappropriate or excessive use of unscheduled leave may be cause for disciplinary
action. Inappropriate use includes feigning illness, deceitful use of sick leave, or failure
to provide requested documentation for an absence. Excessive unscheduled leave is
defined as seven occurrences duringa rolling twelve month period. FMLA/OFLA
qualifying leave shall not be included in calculating exessive unscheduled leave.
5. An employee who takes excessive unscheduled leave, as defined above, may be
required to provide documentation of the reason for any additional unscheduled leave
of any length of time wihtin a 12-month rolling period.
6. An absence of more than one day for the same reason is considered one occurrence.
If the days are not consecutive, a doctor's note maV be requested to establish that the
absences are linked.
7. For performance evaluations, an employee must have no more than six unscheduled
leave occurrences, as defined above, to receive a "Meets Standards" for Attendance.
L. Leave of Absence. An employee granted a leave of absence will be required to use all
accrued and unused compensatory time and all accrued and unused paid leave time
before the employee may take leave without pay. After an employee's paid time is
exhausted, any leave granted or permitted will be without pay.
All leave used (paid or unpaid) shall be recorded on the employee's Payroll Time and
Leave Worksheet. Each Department Head is responsible for ensuring that all leave
used bV emploVees in his/her department is accurately recorded and reported on the
monthly Payroll Time and Leave Worksheets.
M. Leave of Absence Without Pay. An employee's Department Head may grant a leave
of absence without pay not to exceed 30 calendar days. Leaves of absence without pay
for periods in excess of 30 days must be approved by the City Administrator and the
employee's Department Head except for leaves of absence which, by law, an employee is
entitled to take.
Ordinance No. _ Page 29 of 34
N. Special Leave - Closure of City Offices. In the event of weather-related or other
conditions determined to be an emergency by the City Council orthe City
Administrator, the Council or the City Administrator may decide to close City offices.
For purposes of this section, an emergency includes, but is not limited to, conditions due
to the following:
a. Snow/Ice
b. Building problem
c. Bomb threat
d. Volcano
e. Forest Fire
f. Earthquake
2. Flood
h. Terrorist threat
i. Civil unrest
In the event of a declared emergency resulting in closure of City offices, employees must
report to alternate City offices that may be established. If City offices are closed in an
emergency and alternate City offices are not vet established, employees will be granted
leave with pay for the duration of the closure.
If City offices are open for business and an employee does not report to work due to
weather-related or other conditions, the time off will be deducted from the employee's
accrued paid leave unless it is determined by the City Administrator that the employee
could not report to work due to extraordinary circumstances.
0. Victims of Domestic Violence, Sexual Assault or Stalking Leave. An employee shall be
allowed to take a reasonable amount of leave determined by the City Administrator and
Human Resource Office to address domestic violence, sexual assault, or stalking of the
employee or his or her minor dependents (ORS 659A.272). The employee must have
been employed with the City for at least six months and worked an average of more
than 25 hours per week for at least 180 days immediately before the requested leave.
The leave must not create an undue hardship on the department and it must be for an
authorized purpose. An authorized purpose includes seeking legal or law enforcement
assistance or remedies; seeking medical treatment or recovering from injuries;
obtaining counseling or services from a•victim services provider; or relocating or taking
steps to secure a safe home for the employee or minor child.
The employee shall provide the Human Resource Office and his/her Department Head
with as much advance notice as is practicable. The City may require certification of the
need for the leave, such as a police report; protective order; documentation from a law
enforcement officer, attorney, or victim services provider.
If'approved, the employee must use paid leave (excluding sick leave) which includes
time management, vacation, compensatory time, or holiday time. If all paid time is
exhausted, the employee may request unpaid leave.
Ordinance No. Page 30 of 34
Upon request from an employee, the City shall make reasonable work safety
accommodations for an employee that is victim of domestic violence, sexual assault, or
stalking.
P. Criminal Proceedings Leave. An employee who is a felony crime victim shall be
allowed to take leave to attend a felony criminal proceeding involving the employee or
immediate family = defined as spouse, domestic partner, father, mother, sibling, child,
stepchild and grandparent (ORS 659A.192). The employee must provide reasonable
advance notice of the leave, provide copies of the notices of the criminal proceedings,
have been employed with the City for at least six months, and worked an average of
more than 25 hours per week for at least 180 days immediately before the requested
leave. The leave must not create an undue hardship on the department. If approved, the
employee must use paid leave (excluding sick leave) which includes time management,
vacation, compensatory time, or holiday time. The employee shall not use sick leave. If
all paid time is exhausted, the employee may request unpaid leave.
SECTION 3.08.150 Termination of Employment.
A. Voluntary Terminations. To resign in good standing, an employee must give the
employee's Department Head or the City Administrator a written notice of resignation.
at least fourteen (14) calendar days prior to the effective date of the employee's
resignation. The employee's Department Head or the City Administrator may agree to
a shorter period of notice if an employee so requests, in writing, and provides a suitable
explanation for the shorter notice period. An employee who fails to provide at least
fourteen (14) calendar davs notice and fails to obtain permission for a shorter notice
period may be ineligible for rehire.•Unless otherwise approved in advance by the
employee's Department Head and the City Administrator, or as otherwise required by
law, an employee who voluntarily resigns must be present and on the iob for one full
week immediately prior to the employee's termination date and must work on the
termination date. If an employee takes any unauthorized leave during the employee's
final week of employment, the employee may be ineligible for rehire with the City, and
the City may, at its discretion, alter the "employee's termination date.
Upon receipt of a notice of resignation, the City reserves the right, at the City's option,
to designate a termination date which is earlier than the termination date designated by
the employee. If the City elects to designate an earlier termination date, the City shall
pay the employee for all wages and leave that would have accrued and shall maintain
all benefits to which the employee would have been entitled if the employee had worked
through the termination date designated by the employee.
B. Involuntary Terminations.
1. Layoffs/reductions in force. Restructure of the organization, a reduction in
budgeted positions, lack of work, or shortage of funds may result in the layoff of
employees. In the event of layoff, the City may transfer affected employees into vacant
positions for which the affected employees are qualified, in the judgment of the hiring
Department Head. When a decision is made to lay off employees, the City will base
layoff decisions on the following factors:
Ordinance No. Page 31 of 34
a. Job skill level
b. Ability
c. Experience
d. Education
e. Training
C Work record
g. History of discipline and/or corrective actions
h. Knowledge of the program, department, and organization
i. Special skills or certifications
i. Longevity with the City
Seniority may be considered when the qualifications and abilities of employees are
relatively equal. The City shall notify affected employees. of a layoff at least thirty (30)
calendar days in advance of the lay off.
C. Loss of Longevity and Seniority.
1. An employee loses all longevity and seniority in the event of:
a. Voluntary termination for greater than three (3) months except under special
circumstances as approved by the City Administrator.
b. Discharge for cause.
c. A layoff period longer than eighteen (18) months.
d. Failure to report to work at the termination of a leave of absence.
e. Acceptance of other employment without permission of City while on a leave of
absence.
f. Retirement.
2. Time off during a layoff period shall not count toward seniority or longevity
accrual.
3. An employee shall not lose seniority with a department if the employee transfers
from one division or position to another division or position within the same
department.
D. Recall After Layoff. If approval is given to rehire after a layoff, employees will be
rehired in the inverse order of lay off, that is, employees laid off last shall be called back
first. Employees shall retain a right to recall for eighteen (18) months from the effective
date of a layoff. If employees are recalled from a layoff, the following recall procedures
shall be followed:
a. For layoffs of less than five (5) days, employees may be notified of recall in
person or by telephone and shall have until the next work day following the
notification to report to work.
b. For layoffs of five (5) days to one month in duration, employees shall be notified
of recall by first class mail and by certified mail, return receipt requested, sent to
the employee at the employee's last known address, and the employee shall have
seven (7) days from the date the certified notice of recall is mailed to report to work.
Ordinance No. Page 32 of 34
C. For layoffs longer than one month induration, employees shall be notified of
recall by first class mail and by certified mail, return receipt requested, sent to the
employee's last known address, and the employee shall have fourteen (14) days from
the date the certified notice of recall is mailed to report to work.
Employees are obligated to notify the City Human Resource Office in writing of any
change of address for the employee. Unless a longer period to report to work following
a notice of recall is agreed to in writing by the City, employees shall report to work
within the applicable time period specified in section i, ii or iii above. If an employee
does not respond to a notice of recall within the applicable time period designated in
this section, the employee shall lose all recall rights
E. Death. In the event of the death of a City employee, all wages and all eligible leave
earned and unpaid to the employee shall be paid to the employee's designated
PERS/OPSRP beneficiary or, in the absence of such, the employee's estate.
F. Final Paycheck. Final paychecks will be delivered to terminated employees in
accordance with Oregon law. Employees shall be paid for all eligible accrued and
unused leave at the time of termination. Payment for any eligible accrued and unused
leave shall be paid with the employee's final paycheck and shall be paid at the
employee's rate of pay in effect at the time of termination.
G. Exit Interviews.
1. Purpose. The purpose of the exit interview is:
a. To Bain insight into the effectiveness of City personnel and management practices,
to determine where personnel policies and procedures may be in need of review or
revision, to determine whether supervisory or managerial practices need review,
modification or improvement, and to obtain other information which could be of
assistance to the City and the employee's department.
b. To provide the employee with information related to the employee's separation
from employment with City, including, but not limited to, information related to
continuation of health benefits for the employee and eligible dependants of the
employee.
2. Conducting the exit interview. Unless waived by the City Administrator or refused by
the employee, an exit interview is to be conducted with every employee separating from
a benefited'City position, regardless of length of service, position, or the circumstances
of separation.
3. Responsibility of Human Resource Office. Although departments may also conduct
interviews with terminating employees, the Human Resource Office shall conduct all
City exit interviews. The Human Resource Office will analyze the results of each
interview to determine how the information received may relate to current personnel
policies and procedures and whether any changes in City employment policies or
procedures may be needed or beneficial.
4. Timing of exit interview. The employee's Department Head is responsible for notifying
the Human Resource Office as soon as the Department Head learns an employee is
Ordinance No. Page 33 of 34
separating from City employment. The Human Resource Office will then schedule a
time for the exit interview.
5. Forms and records. The results of exit interviews will be recorded on forms prescribed
by the Human Resource Office. The record of the interview shall be maintained by the
Human Resource Office.
SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the.
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections Nos. 2-4) need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the li day of i 2012,
and duly ASSED and ADOPTED this 3 day of ~ , 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this ~rday of~, 2012.
Jo n Stro berg, Mayor
Revi "-ed as to foi
(7
Da d H. Lo an, City Attorney
Ordinance No. Page 34 of 34