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HomeMy WebLinkAbout1996-37 Conditions EmploymentRESOLUTION 96- "~'7 A RESOLUTION OF THE CITY OF ASHLAND SETrING FORTH CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND REPEALING RESOLUTION 79-55, AS AMENDED. Recitals: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members of labor unions; B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the city and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees; The mayor and city council resolve as follows: 1. Scope of Resolution. Resolution No. 79-55, as amended, is repealed. This 1996 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "A". Where the term "employee" is used, it shall mean regular full-time employees and probationary employees as defined in section 2 and Appendix A. This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employee includes those classifications in Appendix "A" under "Confidential." 2.2. Department head. A person directly responsible to the city administrator, mayor or city council for the administration of a department. 2.3. EmDIovee. A person in any of the classifications listed in Appendix "A" who has completed the probationary period. 2.4. Management or Manager. Those classifications included in Appendix "A" under the title "Management". PAGE 1-RESOLUTION 2.5. Probationary Employee. A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position. 2.6. Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose. The purpose of this Resolution is set forth generally in the preamble. More specifically, the Resolution has three fundamental purposes: 3.1. TO clearly establish which classifications in the city service are management or confidential. 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance. 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees. 4. Managerial Performance. 4.1. Goal Setting. Basic goals for the City of Ashland are set by the mayor and Council. Resources for achieving those goals are provided via the annual budget. Operational goals and short range objectives are set by the city administrator working with department heads. The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers. 4.2. Managerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities: 4.2.1. 4.2.2. 4.2.3. 4.2.4. 4.2.5. 4.2.6. Getting the job done properly and on time, Keeping the workplace safe and healthy, Encouraging team work and cooperation among employees and departments, Developing employee skills, Keeping records and making reports, and Actively promoting affirmative action at all levels. 4.3. General Expectations Regarding Management Employees. In addition to the specific performance standards mentioned above, there are also general city expectations of its managers. 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the city expects a commitment of continued PAGE 2-RESOLUTION service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 14. Management employees may take compensatory time off at their discretion as long as they exercise judgement so that their absence does not unreasonably interfere with the city's operations. In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement. 4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland. 4.3.3. Termination. If at any time a manager's performance is deemed unacceptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination. 4.3.4. Residency. Residency within the Urban Growth Boundary shall be a job requirement of the city administrator and department heads. The following employees shall establish their residence to enable them to report for emergency duty within 30 minutes of notification including "get ready" and travel time: Street Superintendent Street Supervisor Water Quality Superintendent Water Quality Supervisor Electric Operations Foreman Police Sergeant Police Captain Police Lieutenant Assistant Fire Chief Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. PAGE 3-RESOLUTION (p:ord~,mnt.~) 4.4. Essential Management Functions. The following are the essential functions of all city management positions and the expected standards for their performance: 4.4.1. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city and/or departmental goals. 4.4.2. Organizing. Efficiently and economically organizes and carries out assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules. 4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and allows employees to make significant contributions to the accomplishment of objectives. 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision Making/Problem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make decisions. 4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitiv'~ to the public's needs, and meets the needs of the public within available resources. 4.4.8. Budgeting. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits. 4.4.9. Safety_. Maintains a safe, clean, pleasant work environment, and supports the city's overall safety program. 4.4.10. Self Development. Stays current with new ideas and procedures in the manager's field of responsibility. 4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace. PAGE 4-RESOLUTION 5. Holidays. 5.1. Recognized Holidays. Such holidays as are set forth in AMC §3.08.080. In addition, an employee may take a birthday holiday (or alternate day selected by employee). This holiday must be taken within the calendar year in which the birthday occurs or it shall be forfeited. Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, including the employee's birthday, in lieu of time off. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 6. Vacations for Management and Confidential Employees. 6.1. Eligibility_. Management employees shall be eligible for vacation with pay in accordance with the following sections: 6.1.1. Employees with less than five full years of continuous service shall accrue eight hours of vacation for each calendar month of service worked. (Twelve working days maximum). Upon completion of the fifth full year of continuous service, an employee will in addition be awarded three longevity days off (for maximum total of 15 working days). 6.1.2. Employees with more than five but less than ten full years of continuous service shall accrue 10 hours of vacation credit for each calendar month of service. (15 working days maximum). Upon completion of the tenth full year of continuous service, an employee will in addition be awarded three longevity days off (for a maximum total of 18 working days). 6.1.3. Employees with more than ten but less than 15 full years of continuous service shall accrue 12 hours of vacation credit for each calendar month of service. (18 working days maximum ). Upon completion of the 15th full year of continuous service, an employee will in addition be awarded two longevity days off (for a maximum total of 20 working days). 6.1.4. Employees with more than 15 but less than 20 full years of continuous service shall accrue 13.33 hours of vacation credit for each calendar month of service. (20 working days maximum). Upon completion of the 20th full year of continuous service, an employee will in addition be awarded 2 longevity days off (for a maximum total of 22 working days). 6.1.5. Employees with more than 20 but less than 25 full years of continuous service shall accrue 14.67 hours of vacation credit for each calendar month of service (22 working days maximum). Upon completion of the 25th full PAGE 5-RESOLUTION ~:o~,=~-=.t..) year of continuous service, an employee will in addition be awarded three longevity days off (for a maximum total of 25 working days). 6.1,6. Employees with more than 25 full years of continuous service shall accrue 16.67 hours of vacation credit for each calendar month of service (25 working days maximum). 6.2. Utilization. Vacation leave taken shall not be in excess of that actually accrued at the time it is taken. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management employees am required to take not less than 75% of accrued annual vacation as time off each year. The balance of accrued vacation may be taken either as time off or paid in cash on June 15 of each year. Vacation may be carried over with the approval of the city administrator in special circumstances, but in no event shall the total accrual at any time exceed twice the amount of the employee's annual accrual. 6.5. Scheduling. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations. Vacation leave should be requested on forms provided by the city not less than 30 calendar days prior to the time requested. 6.6. Payment on Termination. In the event of death or termination of employment, the employee shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave shall be paid in the same manner as salary due the deceased employee is paid. 7. Hours of Work for Confidential Employees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall consist of five consecutive days as scheduled by the department heads or other responsible authority. 7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period which shall not be paid. PAGE 6-RESOLUTION 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the Head of the Department to notify employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift. 8. SiCk Leave. 8.1. Puroose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual as of June 30 of each year cannot exceed 720 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time oft shall be charged against sick leave time on an hourly basis. Confidential employees may be granted the use of sick leave for illness in the immediate family. 8.4. Integration with Workers Compensation. When injury occurs in the course of employment, the city's obligation to pay is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of insurance against toss of income due to the illness or injury. No compensation for PAGE 7-RESOLUTION accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumulated sick leave will be any leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay. 8.6. Pay for Unused Sick Leave. Management employees may elect to receive twenty-five percent of their unused sick leave accrued during the preceding twelve months as paid compensation or paid leave, with the balance of unused sick leave added to cumulative sick leave. 9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children,brother, sister, mother-in-law, father-in-law, or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence 10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification therefor in instances where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the city. 10.2. Jury_ Duty_. Employees shall be granted leave with pay for service upon a jury; provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received for such jury service, and upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 10.5. Election Day. Employees shall be granted two hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. PAGE 8-RESOLUTION ~:~M~=.,-~,nt.r,,) 10.6. Family Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 10.7. Military Leave. Military leave shall be granted in accordance with ORS 408.290. 10.8. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any mason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of not being able to work by reason of sickness, physical disability or other legitimate reason beyond the employee's control. 11. DIScipline and DIscharge. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city. 11.1. DisciDline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: (a) Oral reprimand (b) Written reprimand (c) Demotion (d) Suspension (e) Discharge Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the wilful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, wilful violation of departmental rules or this management resolution, commission of any matter listed in AMC §3.08,030. B or for political activities forbidden by state law. 11.2. Discharge. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause. 11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. PAGE 9-RESOLUTION Employees, other than those appointed by mayor and city council, may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final. 12. Probationary Period. 12.1. New Employee Probationary Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the department by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. New employees shall serve a minimum probationary period of twelve months after which, upon recommendation of the head of the department, they shall be considered regular employees. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a twelve month promotional probationary period. The city may at any time demote an employee on promotional probationary status to their previous position with or without cause. 13. General Provisions, 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability,. 13.2. Other Employment. Outside employment shall be permitted only with the express prior written approval of the city administrator who shall follow the principles set forth in AMC § 3.08.040.1. The city administrator may at anytime revoke permission to hold outside employment. 13.3. Workers Compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liability Insurance. The city shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties. 14. Compensation 14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. PAGE 10-RESOLUTION ~:ora~am~mnLr.) 14.2. Compensation - Pay Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the city council. When any position not listed on the pay schedule is established, the city administrator shall designate a job classification and pay rate for the position. 14.3. Overtime. Management employees are expected to devote whatever time is necessary to accomplish their job. For all employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The city administrator, city attorney, department heads and division supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the city. All other management personnel and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No employee shall have more than 40 hours of compensatory time on the records at any time. 14.5. Administration of Pay Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the city administrator may appoint a new employee at any appropriate step within the pay range. 15. Health, Welfare and Retirement. The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. PAGE ll-RESOLUTION APPENDIX "A" Classifications in the Management and Confidential Employee Groups MANAGEMENT City Administrator/Department Heads City Administrator/General Manager Assistant City Administrator/Personnel Director Director of Public Works/City Engineer Electric Utility Director Director of Finance Chief of Police Fire Chief Director of Community Development City Attorney Division Supervisors Street Superintendent Water Quality Superintendent Building Official Assistant City Engineer/City Surveyor Police Captain Senior Planner Purchasing Agent/Cemetery Superintendent Supervising Accountant Regional Affairs/Conservation Manager Assistant Fire Chief Fire/EMS Training Coordinator Electric Operations Superintendent Senior Program Director Mid-Level Supervisors Water Quality Supervisor Street Supervisor Police Administrative Services Manager Police Sergeant Computer Services Manager Public Works Administrative Assistant CONFIDENTIAL Executive Secretary Legal Assistant Personnel Assistant Administrative Secretary Secretary PAGE 12-RESOLUTION APPENDIX "B" Health. Welfare, and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. 1. Health Insurance. Premiums for Blue Cross Plan V, including Full Service Vision insurance, for employees and their dependents. Coverage will commence for new employees the first of the month following 90 calendar days from date of employment unless otherwise approved by the City Administrator. 2, Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual salary. 3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each dependent of an employee. 4. Salary Continuation Plan. Premiums for the League of Oregon Cities Salary Continuation Plan. 5. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-haft of unused sick leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent. 6. Social Security. Contributions to Social Security as required by law. 7. Dental Insurance. Premiums for Blue Cross Option III Dental plan for employees and their dependents. 8. Medical Insurance for Retirees. Any employee retiring with fifteen or more years of service with the city and who is age 60 or alder, shall be eligible for participation in the city's medical insurance program, with the city contributing the cost of Blue Cross Preferred Choice 65, Plan C, or its equivalent. 9. Deferred Compensation. Deferred compensation in the amount of $15.00 per month in matching funds per employee enrolled in a city deferred compensation program. PAGE 13-RESOLUTION This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this Barbara Christensen, City Recorder SIGNED and APPROVED this ,~ Paul Nolte, City Attorney .//~ day of ~ , 1996. day of~ , 1996. Ca 'e .G d , y PAGE 14-RESOLUTION (p:o~m.~mnt.,>,)