HomeMy WebLinkAboutResolution 1397l~ Resolution ~~ ~7
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WHEREAS, on December 15, 1981, the City Council
of the City of Fort Worth passed Ordinance No. 8486,
which provided for the establishment, regulation and
maintenance of a merit system now contained in Article
V of Chapter 2, of the Code of the City of Fort Worth
(1986) as amended; and
WHEREAS, Article V of Chapter 2 provides that the
Personnel Director shall prepare personnel policies which
shall provide for such rules, practices and procedures
as may be necessary for the effective administration
of the City's Merit System; and
WHEREAS, such personnel policies, when approved
by the City Manager, shall be proposed to the City Council,
and the Council may, by resolution, adopt them with or
without amendment; and
WHEREAS, the Personnel Director has prepared the
attached addition to the City's personnel policies now
entitled "Personnel Rules and Regulations," which volume
is available for inspection and on file as a public record
in the Office of the City Secretary; and
WHEREAS, the attached revision to such policies
has been approved by the City Manager and is hereby
proposed to the City Council as an amendment to the City's
"Personnel Rules and Regulations";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF FORT WORTH:
That the City Council hereby adopts, without
amendment, the attached addition to the personnel policies
as an amendment to the "Personnel Rules and Regulations"
to facilitate administration of the City's Merit System,
as provided in Article V of Chapter 2 of the code of
the City of Fort Worth (1986) as amended.,, ~Q
Adopted this ~ day of ~ Q/(/LY/iJ 1989.
APPROVED BY
CITY CO!}IdCl~
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CITY OF FORT ~IlORTB am ~ F~+;=~A>~ ~~~
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CITY OF FORT WORTH
-- SUBJECT 'Disciplinary Action
.DATE APPROVED BY COUNCIL
1.0 Purpose:
ERSONNEL REGULATIONS
REVISION NO. 1 2
EFFECTNE DATE
APPROVED BY CITY MANAGER
SECTION H
NUMBER 1
PAGE lOF 5
This regulation outlines the City's provisions for the uniform and
equitable administration of disciplinary action, The basis for
disciplinary action and the manner in which such action should be taken 'are
set forth and explained,
2.0 Departments Affected:
All departments excluding Civil Service personnel in Police and Fire and.
[hose employees who are exempt from the Merit System Ordinance, Chapter 2, ,
Article V, Section 2-178 of the City Code'of the City of Fort Worth (1986),
as amended,
3,0 Policy:
3.1 In the interest of goad discipline, efficiency and for just cause, a
Department Head, Division Head or designee may issue a verbal'
reprimand or written reprimand. A Department Head, Assistant
Department Head or Division Head may demote an employee, suspend an
employee without pay up to 30 calendar days, reduce an employee's
rate of pay or terminate an employee.
3.2 In all cases of disciplinary action; the department should
substantiate the action in writing, so that proper documentation is
placed in the individual's departmental personnel folder and/or filed
in his/her Personnel Department file.
3,3 Terminations, suspensions exceeding ten (10) consecutive working days ;
and demotions moat be administered in accordance with the process
outlined in Appendix 5.3 of this regulation,
4,0 Procedures/Rules:
4.1 Disciplinary action ie to be administered in an equitable and
consistent manner, Disciplinary action will usually address problems
that affect two general categories: 1) Performance of duties; and 2)
Personal conduct,
•
4.2 Performance of Duties: The following are examples relating to
performance o duties for which disciplinary action might be taken,
This list is not intended to be all inclusive, Examples are:
a. Failure to perform at established standards for the position,
b, Inefficiency or incompetency in the performance of duties,
c, Neglect or carelesanesa in the performance of duties.
d, Careless, negligent, or improper use of pity property or
equipment,
e. Failure to observe departmental and City safety rules and
procedures.
f, Discourteous treatment of the public or other employees,
CITY OF FORT WORTH PERSONNEL REGULATIONS sECnoN a
SUBJECT Disciplinary Action REVISION NO. NUMBER 1
EFFECTNE DATE
PAGE ZOF
1 DATE APPROVED BY COUNgL I APPROVED BY CITY MANAGER 1
g. Absence without approved leave.
h. Improper use of leave privileges.
i. Habitual pattern of failure to report for duty at the assigned
time and place.
j. Violation of written departmental regulations regarding
performance of duties,
k. Failure to obtain or maintain a current license or certificate
required as a condition for performing the job.
4,3 Personal Conduct: The following are examples relating to personal
conduct or which disciplinary action might be taken. This list is
not intended to be all inclusive. Examples are:
a. Committing or conviction of a felony or a crime involving moral
turpitude.
b. Misuse or misappropriation of City funds and/or property,
,• c. Falsifying or omitting information to secure a position,
promotion, or pay increase.
d. Participation in any action that seriously disrupts or disturbs
the normal operation of the division, department, or any other
segment of municipal government,
e. Discourteous treatment or harassment of City officials,
employees, or the public.
f. Willful damage or destruction of City property,
g. Willful acts that would endanger the lives and property of
others,
h. Possession of unauthorized firearms or lethal weapons on the
job,
i. Brutality in the performance of duties,
j. Refusal to accept a reasonable and proper assignment from an
authorized supervisor,
k. Reporting to work under the influence of alcohol, illegal use
of drugs and/or possession of or use of alcohol and/or illegal
drugs oa the job.
1. Giving or accepting gifts, money or favors in exchange for
"favors" or "influence".
m. Dissemination of information that is defined by statute to be
confidential.
n. Taking part in political campaigns which violate the City's
policy regarding the political activities of City employees,
o. Violation of written City or departmental regulations regarding
personal conduct.
p. Theft.
q. Rough play on the job which could cause an injury or damage to
City or public property.
r. Misuse or misrepresentation of one's position or authority,
s. Insubordination
4,4 Disciplinary Sequence: The progressive steps of discipline outlined
below should be applied when deemed appropriate and reasonable,
OF
Disciplinary Action
DATE.APPROVED BY COUNCIL
REVISION NO. 1 (4,4) (NUMBER
EFFECTIVE DATE PAGE
APPROVED BY CITY MANAGER
4.4,1 Oral Warping(s): The supervisor will talk privately with the
employee and discuss the following:
1. What ie expected of the employee and why,
2, How the employee has not met the personal conduct or
performance requirements of the job and why his/her
personal conduct or performance has been unsatisfactory,
3. The employee's reasons for hie/her personal conduct
and/or poor performance,
4. Specific actions the employee needs to take to improve
conduct or performance to a satisfactory level,
5. The consequences [o expect if the behavior or poor
performance continues,
The supervisor should record and maintain on file the date of the
interview and a brief summary of the items discussed,
,• 4,4.2 Written Warning(s): The supervisor will prepare a written
summary o [he problem as outlined below (Note: Either the
City's Inter-Office Correa ondence or Employee Contact Slip
may be used as a written warning The supervisor will
present the written warning to the employee and discuss its
contents, which should include the following:
1, Dates and points covered in previous warning(s),
2. A description of specific problem(s),
3. Specific actions the employee needs to take to improve
personal conduct or performance to a satisfactory level,
4, The time frame allowed for improvement,
5, A warning that continuation of the problem(s) will result
in more severe disciplinary action up to and including
termination,
Upon completion of the counseling session, the supervisor should sign
the warning, obtain the signatures of the employee and the Department
Head or designee and distribute copies to the employee, the
departmental file and the employee's Personnel Department file,
In the event that an employee refuses to sign a written warning, the
supervisor should have another supervisor witness the fact that
the employee vas .issued a written warning and refused to sign the
warning,
4.4.3 Suspenaione without pay for ten (10) or leas consecutive
working days: Suspenaione of this nature shall be
adminiate'- red in accordance with the provisions under the
preceding Section [4.4,2],
[act slips and disciplinarq memoranda will be removed from an
's active Personnel file _24 months after their issuance.
H
SUBJECT Disciplinary Action REVISIONNO. 1 (4.5) NUMBER
EFFECTIVE DATE PAGE , OF
DATE APPROVED BY COUNCIL
APPROVED BY qTY MANAGER
4.4.4 Disciplinary Probationary period: The supervisor will
prepare a written memo outlining the provisions of the
probationary period, The probationary Period memo should
include the following items in the order listed:
1. A brief outline of the employee's behaviors (misconduct)
which have resulted in the need to place him/her on
probation.
2. Identify the behaviors that are unacceptable.
3. Identify the behavioral changes [hat must take place.
4. Explain the consequences of failure to improve and to
perform in an acceptable manner.
S. Specify the amount of time within which the employee must
improve.
6. Establish regular, periodic times during the probationary
period during which you will meet with the employee and
discuss his/her progress in improving, prepare and file
notes of the meetings.
7. Meet with the employee at the end of the probationary
period to evaluate and discuss his/her progress and what
action, if any, will be taken. Prepare and file notes of
the meeting.
4.4.5 Reduction-In-pay (optional): The Department, Assistant
Department or Division Read may elect to reduce an employee's
rate of pay by SX to lOX for thirty (30) calendar days. This
disciplinary action is optional within the disciplinary
sequence and provides the ability to discipline an employee
for committing significant violations without undergoing a
reduction in staff by suspending the employee.
An employee may also be disciplined by reducing his/her rate
of pay indefinitely.
4.4.6 Terminations suspensions exceeding ten (10) consecutive
working days and demotions: Disciplinary actions in [his
category must e a ministered in accordance with the process
outlined is Appendix 5.3 of this regulation.
4.5 Suspension of Disciplinary Sequence: The Disciplinary sequence
presented in Section 4.4 above may be modified or suspended
altogether when an employee's behavior warrants immediate and more
severe action than that suggested in the sequence. Supervisors are
encouraged to discuss such cases with the Personnel Department before
taking such action. Supervisors placing employees on prob,a[ion due
to an overall performance evaluation rating which is below
Standard/Competent shall comply with to Personnel Regulation G-2,
"Performance Evaluations"; in such cases, the disciplinary sequence
may be suspended.
CITY OF FORT WORTH PERSONNEL REGULATIONS SECTION
SUBJECT Disciplinary Action REVISION NOi 4.5.1, NUMBER
EFFECTIVE DATE PAGE 5 OF
DATE APPROVED BY COUNCIL APPROVED BY CITY MANAGER
4.5.1 If higher levels of authority are not available for
consultation and the severity of the situation is such that
sound judgment dictates that the employee remove
himself/herself from the premises immediately, an immediate
suspension is in order.
4.5.2 An employee who fails to report back to work when requested or
at the expiration of the suspension will be considered to have
automatically terminated his/her employment (Personnel
Regulation C-18, Leaves of Absence Without Pay, 4.8).
4.6 Transfers: After discussions with [he employee, a determination may
be made that the employee is not suited to his/her current position
and/or work environment. In cases where it is apparent that both the
City and the employee will benefit and where the Personnel Director
or designee approves, efforts will be made to assist the employee in
obtaining a transfer. Under these circumstances, the following
,• procedures are suggested;
a. Enlist the aid of the Personnel Department in facilitating the
transfer;
b. Allow the employee reasonable opportunities to meet with hiring
authorities within the City who can assist with the transfer;
c. The consideration of a transfer should be a sincere desire to
transfer without prejudice and malice toward the employee. It
should not be used to provide a method of "compromise" or a
method by which the "problem" is passed on to another
supervisor.
H
4.7 All eligible employees (excluding temporary and initial probationary
employees) may appeal disciplinary actions through the City's Appeal
or Grievance Procedure (regulations H-4 and H-3 respectively).
4.8 Specific provisions within this regulation that may prove to be
impractical within the operations of a department mey be deleted
and/or substituted with the written prior approval of the Personnel
Director.
• S.D Appendix/Appendices:
5.1 Employee Contact Slip
5.2 Notice of Disciplinary Aciion_
5.3 Pre-Termination Demotion Sus
working days Meeting Procedures
APPENDIX 5.3
ION, SUSPENSION [10 OR MORE WORR
PREPARATION FOR A PRE-(TERMINATION, DEMOTION OR SUSPENSION) MEETING
r
1. CALL YOUR PERSONNEL REPRESENTATIVE (GENERALIST) and arrange a meeting to
= thoroughly discuss the problem.
2. Gather all documentation which is the "evidence" that shows severe
disciplinary action is warranted. This documentation may include:
° Previous disciplinary actions (oral and written),
° Time and Attendance Records,
° Performance evaluations,
° Safety Review Board Reports,
° Workers' Compensation correspondence and Duty Status Forms,
° Departmental/Division policies, procedures manuals or
memoranda.
° Statements from co-workers, supervisors, or citizens,
3. Identify the written policies, regulations or procedures that have been
violated by the employee. This information will be the basis for any
disciplinary action [hat may be taken.
4. Meet with your Personnel Representative and "present your case". After ;
discussing the case, specific recommendations for action should be agreed
• upon.
5. Prepare a brief IOC (memorandum) addressed to the employee from the ,
appropriate supervisor (typically a Division Head, in some cases an
Assistant Director or the Director) and title the IOC "Pre-(Termination, ,
Demotion, or Suspension) Meeting". The IOC should follow this general
outline:
Para. ~1 Recent events (background) which led up to and necessitated the
need to consider the disciplinary action. ,
Para. ~2 Quote the policy, regulation or procedure the employee violated. '
This violation is the basis for the disciplinary action under ,
consideration.
Para. ~3 Briefly describe the employee's actions which violated the .
policy, etc. which you have quoted above.
Para. #4 Identify the specific disciplinary action being considered and
invite the employee to respond to the content of the memorandum.
• 6. In those instances where termination is being considered, determine whether
the employee's continued presence on the job is disruptive to the work
place and poses some threat to the safety of co-workers or property, If
not, take no immediate action, If, however, the employee's presence is a
problem, suspend the employee without pay for 3 to 5 working days. Tell
the employee the reason for the suspension is to give management time to
carefully investigate the situation and upon his/her return (after the
suspension) a meeting will be held to discuss-the information gathered,
7. If the employee fails to return at the end of a suspension, prepare a;
Notice of Disciplinary Action form and a cover letter ae described above.
- The cover letter should note that because the employee failed to return to'
vork as directed, he/she forfeited the opportunity to discuss their
employment status at the scheduled meeting, Therefore, a decision was made .
based upon the information that had been gathered, ,
8, In those instances where an employee has failed to report to work and
management has no knowledge of his/her whereabouts, an automatic'
termination for being absent without leave may be appropriate. If so,'
prepare a decision letter package and mail it via certified mail to the'
employee's last known address,
THE PRE-(TERMINATION DEMOTION OR SuSPENSIpN) MEETING
1, Convene a meeting which will include the employee, the immediate supervisor-
involved in the event(s) which necessitated the meeting, and one other
supervisor, preferably a manager, e. g., Division Head, Assistant Director
or the Director, ,
2. Explain the purpose of the meeting - present the employee with they
information (IOC described in No. 5 above) that has been gathered and give .
him/her an opportunity to respond (rebut) to that information,
3. If the employee argues his/her case - listen, Take brief notes on what
he/she says, Avoid arguing with the employee - try to listen and keep
• focused upon the information you have gathered,
4. When the employee completes his/her rebuttal, explain that a final decision
will be made and a certified letter containing your decision will be mailed
within 3 working days, The employee is immediately suspended without pay ;
until receipt of the decision letter,
5.. If the employee's rebuttal contained some valid points or raised questions
regarding the accuracy of the- information that had been gathered,
investigate as needed, Report the results of your investigation to the
employee in the decision letter which must be mailed within 3 working days
after the meeting,
THE DECISION LETTER PACKAGE
1, Upon completion of your investigation if disciplinary action is still '
warranted, complete a Notice of Disciplinary Action form (Appendix 5.2), ,
The Action Taken section on page 2 may simply refer to an attached copy of
the memorandum which was prepared for the meeting, Also prepare a brief '
cover letter on department letterhead, This letter should reference the '
pre-termination meeting, summarize the employee's rebuttal to the charges
and state the decision that has been made,
• 2. The Decision Letter package must be sent via certified mail within 3
working days after the meeting,
3, If the disciplinary action under consideration is modified or no[ executed
based upon the findings of the investigations, [he letter should explain
what decision has been made and direct the employee to return to work on a
specific date and report to a specific person, Upon his/her return to
work, the employee should be given a complete written explanation of the
decision and the terms and conditions under which he/she is returning to
work,
CITY OF FORT WORTH PERSONNEL REGUWTIONS sECnoN E
SUBJECT Secondary Employment REVISION NO. 1 4 7 NUMBER 2
EFFECTNE DATE PAGE 2 OF 2
DATE APPROVED BY COUNCIL APPROVED BY qTY MANAGER
4.3 If the employee accepts the secondary employment after the supervisor
has advised otherwise, the employee will be subject to disciplinary
action, up to and including dismissal.
4,4 The employee shall have Department Bead approval before beginning any ;
secondary employment. If approved, there shall be periodic review to
insure there is no conflict of interest,
4.5 Approval of secondary employment may be withdrawn at any time when ~
such employment constitutes a conflict of interest with the City.
4.6 Employees engaged in secondary employment on the effective day of this
policy must file a request for approval within (30) days unless
approval has already been given under existing departmental
requirements, ,
4.7 The Secondary Employment Request and any accompanying information is
subject to public disclosure under the Texas Open Records Act.
4.8 Individual departments may be subject to provisions which are directly
related to secondary employment, in those cases, departments should
comply with all applicable directives.
4.9 All questions with regard to the above procedure should be directed to ,
the Personnel Director, !
5.0 Appendix/Appendices:
5.1 Secondary Employment Request,
CITY OF FORT WORTH
SUBJECT personal and Major Medical Sick Leave REVISION NO.
EFFECTIVE DATE
DATE APPROVED BY COUNgI
APPROVED BY qTY AAANAGER
NUMBER I
PAGEl OF 5,
1,0 Purpose:
The purpose of this policy is to establish a program of Personal Leave and
Major Medical Sick Leave which replaces previous policies which included
Vacation, Family Leave and Sick Leave, Other leave such as Holidays, Court
Leave and Military Leave are not affected,
2.0 Departments Affected:
All departments except Civil Service personnel in Police Department and
Fire Department and Library employees hired before July 1, 1975. Library
employees hired before July 1, 1975 may exercise a one-time option of accep-
ting this policy,
3.0 Policy:
3.1 Personal and Major Medical Sick Leave shall be accrued by employees on ~
a pay period basis as indicated in Appendix 5.1 of this regulation,
3.2 Upon implementation of this policy all unused vacation will be con
versed to Personal Leave on a one for one basis, Unused Sick Leave up
to 120 day shall be retained as Sick Leave and may be used whenever '
the employee is ill or has been injured off the job, Any unused Sick
Leave in excess of 120 days shall be converted to Major Medical Sick
Leave and shall be available far use as outlined for Major Medical
Sick Leave below, Unused Family Leave will be retained for the remain-
der of the current calendar year and may be used during that time as
was allowed by the previous policy, On January 1, 1984, Family Leave
will no longer be available for employees falling under the provisions
of this policy,
3.3 Payment on termination:
3,3,1 Upon termination prior to retirement, an employee shall be paid
for all unused Personal Leave at the rate of pay the employee ,
was receiving just prior to termination.
3,3.2 Upon retirement, an employee shall be paid for all unused Per-
sonal Leave and up to 90 days of unused Sick Leave which was
earned under the previous policy at the rate of pay the em-
ployee was receiving just prior to retirement. No pay shall be
given for unused Major Medical Sick Leave,
3,4 Personal Leave and Major Medical Sick Leave shall begin to accrue at
the end of the first full pay period of employment, but employees
shall not be allowed to use any Personal Leave or Major Medical Sick
Leave until they have euccesafully completed their initial proba-
tionary period.
3.4.1 Such leave will accrue at a percentage of actual time worked or
actual leave time used, An employee off without pay, regard-
less of the reason (voluntarily or involuntarily), will not
accrue leave for that percentage of time off without pay, For
example, if an employee is off without pay for 3 days (24
hours), which constitutes 30X of the 30 work day pay period,
that employee will only accrue 70X of the normal accrual he/-
she is entitled to accrue,
CITY OF FORT
SUBJECT Termination Processing
EFFECTIVE DATE
DATE APPROVED BY COUNCIL
1.0 Purpose:
REVISION NO.
OF
APPROVED BY pTY MANAGER
This policy establishes the paperwork processing to be followed whenever an
employee terminates.
2,0 Departments Affected:
All departments.
3.b Policy:
3.1 All termination checks will be sent to the employee by certified mail
on the regular payday,
3.2 It will be the responsibility of the terminating department to insure
that all City property (i.e., I.D. cards, keys, tools, etc.) has been
turned in prior to submitting [he termination paperwork to the
Personnel Department. An Out Processing Form (revised April 9, 1981)
should be turned in with each termination. This form will (1) identify
any items which have not been turned in and (2) make the terminating
employee aware of charges on items that have not been turned in.
3.3 Employees not eligible for rehire: If an employee ie terminated and
he she is not eligible for rehire, substantiating evidence moat be
attached to the PAR. The final decision on rehire status will be made
by the Personnel Director.
4.0 Procedures/Rules:
4.1 All employees who fail to successfully complete their initial
probationary period are not eligible to receive personal leave pay.
4..2 Employees aho successfully complete their initial probationary period
will be paid accrued personal leave according to the schedule provided
in the "Personal Leave and Hajor Medical Sick Leave" policy, I:l.
4.3 Retiring employees will be paid for unused accumulated sick Leave
according to the schedule attached to the "Sick Leave" policy, I:2.
Such employees shall receive this pay at their normal hourly rate.
4.4 Any non-exempt employee who hat accrued compensatory time off from
April 15, 1986, shall, upon termination of employment, be paid for the
unused compensatory time at a rate of pay not lees than:
a) the average rate received by the employee during the last 3 years
of the employees employment, or
b) the final regular rate received by the employee whichever is
higher..
4.5 Any department that is terminating an employee is responsible for
obtaining the most current and complete address of that employee to
facilitate the.mailing of hie/her final paycheck and W-2 form. The
address should be clearly noted on the Personnel Action Request dorm,
item E.. Justification.
D
CITY OF FORT WORTH PERSONNEL REGULATIONS secnoN H
SUBJECT Affirmative Action and Equal pEVISION NO. 2 (3,1) NUMBER 5
Employment Opportunity Policy EFFECTNE DATE PAGE OF
DATE APPROVED BY COUNCIL APPROVED BY CITY MANAGER
1,0 Purpose:
This regulation outlines the City's Affirmative Action and Equal Employment
Opportunity policy (herein referred to as "AA/EEO").
2,0 Departments Affected:
All departments.
3.0 Policy:
3.1 All persona shall have equal access to employment with the Ci[y. All
artificial, arbitrary, and unnecessary barriers to employment such as
race, color, national origin, religion, sex, age, and handicapped
status [including contagious diseases such as tuberculosis (in the
non-contagious state) and HIV] shall be eliminated to ensure equal
access to all employment opportunities.
`. 3.2 All employment decisions shall be made solely on the basis of merit
and ability to do the work,
3.3 A voluntary, results-oriented AA/EEO Program on a departmental basis
shall be implemented to coordinate Chia policy to ensure equal
employment opportunity, replacing the previous City-wide plan.
4,0 Procedures/Rules:
4,1 The City Manager shall ensure that the City Council's AA/EEO policies
are implemented in an efficient and expedient manner,
4.2 The Personnel Director shall have primary responsibility for the
implementation, staffing, monitoring, and evaluation of the City's
AA/EEO Program.
4,3 Departmental AA/EEO Plans shall be developed, and each Department Head
shall be responsible for the implementation, monitoring, evaluation
and achievements realized under his/her department's plan,
4.4 The AA/EEO Program shall comply with all laws and appropriate
governmental rules and regulations which address affirmative action
and equal employment opportunity.
4.5 Progress reports will be prepared and submitted by the Personnel
Director to the City Managec on a regular basis .and the entire program
will be updated annually.
5,0 Appendix/Appendices:
None
CITY OF FORT WORTH
SUBJECT APPEALS PROCEDURE
.L F(tt9ULAT1~N5 SECTION H
REVISION NO. 1 (4.2.3) NUMBER 4
EFFECTNE DATE PAGE 2 OF 13
DATE APPROVED DY COUNgL APPROVED 8Y CITY MANAGER
4.1.6 Personnel Director - The Personnel Director or designee shall be
responsible for ensuring that appeals are processed in accordance
with established procedures. Decisions pertaining to the application,
interpretation and implementation of these procedures shall be made
by the Personnel Director or designee.
4.1.7 Supervisory Personnel - All supervisory personnel shall be
responsible for ensuring that their subordinates are given the
opportunity to file appeals without fear of restraint, interference,
discrimination or reprisal. The assistance and cooperation of
supervisory personnel to resolve every appeal ie expected throughout
the settlement process.
4.2 Definitions
4.2..1 "Appeal" shall mean the administrative procedure whereby an employ-
ee who has been disciplined by dismissal, demotion or suspension, as
defined in this Appeal Procedure, Section H4, may contest the action.
• 4.2.2 "Business Necessity" refers to those circumstances or situations
which necessitate the alteration of a person's employment status for
non-disciplinary reasons when an employee will not be able to perform
his/her duties for an extended period of time.
4.2.3 "Demotion" refers to any disciplinary personnel transaction which
directly causes a reduction in an employee's rate of pay and/or
movement from one classification to another classification having a
lower maximum rate of pay, ouch that the employee's net loss of wages
exceeds that amount which he/she would have lost had he/she been
suspended for ten (10) or more working days.
4.2.4 "Discrimination Appeal" shall mean the administrative procedure
whereby an employee who has been disciplined by dismissal, demotion
or suspension, as defined in this Appeal Procedure, Section H4,
contests the action alleging disparate (unequal) treatment.
Acceptable bases upon which to file a discrimination appeal include
race, color, national origin,. sex, age, religion, handicap and
retaliation.
4.2.5 "Dismissal" refers to the involuntary separation of an employee from
City service for disciplinary reasons.
4.2.6 "Employee" shall mean any person employed by the City of Fort Worth
who has successfully completed hie/her initial probationary period as
defined in the Personnel Rules and Regulations, and who is not
employed in a temporary status. However, some employees are excluded
from coverage under these procedures (see Section 4.6).
4.2.7 "ERS" .refers to that person who is an Employee Relations Specialist
.assigned by the Personnel Department to perform [hose duties and
responsibilities required to implement the City's Appeal Procedure
and other grievance-related tasks.
_~
CITY OF FORT WORTH PER50NNEL HEGULATIVN, SECTION p
SUBJECT Employee Work Statue Resulting REVISION NO.1 (4.3.2b) NUMBER 4
from Injury or Illness EFFECnyE pA~ PAGE OF
DATE APPROVED BY COUNCIL APPROVED BY qTY MANAGER
occupational). The second (blue) copy should be retained
by the department.
b) If the examining physician directs the employee not to
report back to hie/her supervisor, and eo indicates on the
report, the employee or the physician eh all promptly
inform the Personnel Department by telephone or other
suitable means of the employee's restricted duty statue
and its duration. The doctor shall then mail the
appropriate copies to the Risk Management Department,
Workers' Compensation Division. The Risk Management
Department shall then notify the employee's department.
4.3.3 Department Heads or supervisors having any questions about the
• . duty statue of an employee under their supervision may contact
the Risk Management or the Personnel Department. These
departments may request assistance from the Public Health
Director to determine if an employee's designated duty status
should be changed.
5.0 Appendix/Appendices:
5,1 Designation of Duty Status form, 14000-001.
CITY OF FORT WOI
SUBJECT Vacations
REVISION NO. ~
SECTION 1
NUMBER 3
PAGE lOF 2
EFFECTIVE DATE
DATE APPAOVED BY COUNCIL
1.0_ Purpose:
APPROVED BY qTY MANAGER
This regulation provides guidelines for those employees vho are not subject
to the the City's "Personal Leave and Major Medical Sick Leave" policy
(I:1).
2.0 Departments Affected:
All Civil Service personnel in Police and Fire and those employees of the
Library vho nl.egr.ed not to participate under [he Personal and Major Medical
Sick Leave po"1 icy.
3.0 Policy:
3.1 Vacation shall be accrued by employees on a pay period basis as
indicated on the chart in Appendix 1 of [hie regulation.
3.2 Vacation leave shall begin to accrue at the end of the first full pay
period of employment, but employees shall not be allowed to use any
vacation leave until they have completed six (6) months of service.
3.2.1 Such leave will accrue at a percentage of actual time worked or
actual leave time used. An employee off without pay,
regardless of the reason (voluntarily or involuntarily) will
not accrue leave for that percentage of time off without pay.
For example, if an employee ie off without pay for 3 days (24
hours), which constitutes 30X of the 10 work day pay period,
that employee will only accrue 70X of the normal accrual he/she
is entitled to accrue.
4.0 procedures/Rules:
4.1 Employees are encouraged to take their full vacation leave in the year
in which it becomes due.
4.2 Vacation leave may be accumulated until ouch time as the total
accumulated leave reaches four years accrued vacation leave (tee
Appendix 1).
4.3 On December 31st of each year, accumulated vacation leave hours in
excess of three years accrual will be deleted (tee Appendix 1).
4.4 Employees who have accumulated the maximum vacation leave and then use
part of the leave time during a given month, shall earn vacation leave
at the regular rate for that month.
4.5 The maximum vacation leave which can be taken by an employee in any
one year is the number of days accrued at the time of vacation, but
not more than fifteen (15) working days vacation leave shall be taken
consecutively without written approval of Department Read.
4.6 Employees will be allowed Co take only those vacation hours that are
shown ae available on the time and attendance report.
1 ,. _...-
"~% LCITY OF FORT WORTH PERSONNEL REGULAZiOMS sECnoN
SUBJECT Vacations REVISION NO. .. ,., NUMBER q
~ EFFECTIVE DATE PAGE ~ OF
DATE APPROVED BY COUNgL APPROVED BY CITY MANAGER
4.7 Department and Division Heads shall schedule vacation, giving due
consideration to the needs of the service and the ability of the
remaining staff to perform the work of the division. Employees shall
be permitted to take their vacation at such time in the judgment of
the Department or Division Head, as will best serve the interest of
the City and the employee.
4.8 Police and Pire Civil Service employees' vacation periods moat be
scheduled and approved by the Chiefs of the respective departments due
to the public safety aspects of their jobs and the necessity for
adequate staff to perform the assignments.
4.9 Upon termination of service with the City, either voluntarily or
otherwise, an employee who hat completed six months continuous service
shall be paid all unused vacation leave to date of termination, not to
exceed two years accumulated leave (see Appendix 1). Employees shall
not be paid for any vacation leave if they leave the service of the
City, voluntarily or otherwise, during the first six (6) months of
employment (1,040 regular hours worked).
4.10 No cash payment for unused vacation leave shall be made except upon
termination, retirement, or death of an employee. Cash payments in
lieu of vacation to persons currently employed shall not be permitted.
4.11 A service break of more than one year shall cancel previous service
credit toward vacation eligibility.
Employees with adjusted service dates shall be regarded as having
continuous service and shall accrue vacation leave accordingly. The
adjusted service date shall be considered a new date of employment.
4.12 Vacation leave affecting employees returning from military leave is
specified in the "Military Leave" regulation.
4.13 An employee who terminates before the end of a pay period shall not
earn vacation leave for that pay period.
4.14 Official holidays occurring while an employee is on approved leave are
considered as paid holidays and do not affect leave balances.
4.15 Civil Service employees are eligible for three weeks (120 or 180
hours) of vacation upon completion of one year of service based on
their Civil Service commission date (see Appendix 1).
5.0 Appendix/Appendices: y
5.1 Vacation Leave Chart.