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HomeMy WebLinkAbout1975-04 02-10 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 75 -4 • AN ORDINANCE AMENDING CHAPTER 17 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 17 of the City Ordinances is hereby amended by the repeal of the following: [ CHAPTER 17 - PUBLIC EMPLOYEES AND PERSONNEL] [Section 17 -101. PURPOSE OF THE ORDINANCE. It shall be the purpose of this ordinance to establish a uniform and equitable system of municipal personnel administration for all employees of the City of Brooklyn Center. It is hereby declared to be the policy of the City that:] [l. Employment in the City service shall be based on merit and fitness, free of personal, political, religious, and racial considerations.] 12. just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government.] [ 3. Positions having similar duties and responsibilities shall be • classified and compensated on a uniform basis.] [ 4. Good employee morale be promoted by consideration of the rights and interests of employees consistent with the best interest of the public and the City.] [5. Tenure of employees shall be subject to good behavior, the satisfactory performance of work, the necessity for the perfor- mance of work, and the availability of funds.] [ Section 17 -102. DEFINITIONS. For the purpose of this ordinance, the following definitions will apply:] [ 1 . Permanent Employee: an employee who has completed his probationary v p p rY period and who has been appointed to serve on a permanent full time or part time basis in a position provided in the budget on a permanent basis .1 [ 2. Temporary employee: an employee who has not acquired the status of a permanent employee, and shall include any person who is engaged in seasonal or casual employment and who is compensated on an hourly or monthly basis.] i ORDINANCE NO. 75 -4 [ 3. Benefits: privileges granted to an employee in the form of vacation • leave, sick leave, overtime allowance, holidays, military leave, military induction pay, or pay received in lieu of accrued leave upon termination of employment.] [4. Budget time: that period during which budget requirements for the following fiscal year are estimated, considered and adopted accord- ing to, law.] [5. Fiscal year: January 1 to December 31, inclusive.] [ Section 17 -103. POSITIONS COVERED BY THIS ORDINANCE. All offices and positions in the municipal employ, now existing or hereafter created shall be subject to the provisions of this ordinance, except that:] [1. The following offices and positions shall be wholly exempt from the provisions of this ordinance.] [a. Officials elected by the people.] [b. Members of boards and commissions.] [c. Volunteer members of the Fire Department.] • [d. City Manager.] [ e . City Attorney.] [2. The City Assessor and Deputy City Assessor shall not be entitled to benefits described in Section 17 --102, subsection 3.1 [ 3. Employees subject to the provisions of Civil Service Statutes and ordinances shall be exempt from those provisions of this ordinance which are inconsistent with Civil Service provisions and law.] [ Section 17 -104. APPOINTMENT PROCEDURE. All appointments to positions in the municipal service shall be made by the City Manager according to merit and fitness, consistent with the provisions of the City Charter. The City Manager shall be appointed by the City Council according to the provisions of the City Charter.] [ 1 . By Examination. When required by law, merit and fitness may be ascertained by written, oral, or other examinations and shall relate to those matters which will test fairly the capacity and fitness of candidates to discharge efficiently the duties of the positions for which such examinations are held.] I ORDINANCE NO. 75 -4 [ 2. Without Examination. In case of appointment to positions for • which examinations are not required by law, the City Manager may appoint any persons who meet requirements listed in the class specifications and whom the City Manager deems quali- fied to perform the duties of the positions.] D. Relationship to Other City Personnel. Whenever possible, and with due regard for merit and fitness, the City Manager shall avoid the appointment of any person when such person is related to any elected or appointed officer or employee of the City. (In the application of this policy, a person shall be regarded as related if such person is a brother, sister, spouse, the lineal ancestor or descendant of the prospective employee, or the hus- band or wife of any such brother, sister, ancestor or descendant, or the first cousin, or the spouse of the first cousin of the pros- pective employee.)] [ 4. Residency Policy. Within eighteen months after original appoint- ment, police officers shall reside within the following described boundaries:] [East of Mississippi River - An area bounded by Mississippi St. on the north, Central Avenue (Hwy. #65) on the east, and Lowry Avenue on the south. • West of Mississippi River - That area of Hennepin County bounded on the south by 26th Avenue North. (extended), and on the west by State Highways #55 and #101.1 [ Section 17 -105. PROMOTION FROM WITHIN THE SERVICE. It shall be the policy to fill vacancies in the municipal service by promotion of permanent employees insofar as practicable; to post notice of intent to fill such vacancies for five days; and, in case of equal qualifications, to give consideration to length of service.] [Section 17 -106. PROBATIONARY PERIOD.] [1. Purpose. The probationary period shall be regarded as an integral part of the examination process and shall be utilized for:] [a. Closely observing employees' work.] [b. Securing the most effective adjustment of employees to their positions.] [c. Rejecting employees whose performances do not meet required work standards.] ORDINANCE NO. 75 -4 [ 2. Duration. All original appointments shall be probationary. Police Patrolmen shall be subject to a probationary period of 12 months of service after appointment. All other employees shall be subject to a probationary period of 6 months service after appointment. At any time during the probationary period employees may be transferred or dismissed if their performances do not meet the requirements for the position as defined by the City Manager. Employees who shall not have completed six months of full time service as of the effective date f h' o this ordinance shall receive credit for such full time service as they have performed in fulfilling the probationary requirement.] [3. Applies to Promotions. Promotion shall be subject to a probationary J p Y period of six months. If employees who have been promoted are found unsuited for the work of the classes or positions to which promoted, they may be reinstated to the positions and rates of pay or other positions in the classes from which they were promoted.] [4. Affects Leave Benefits. During the initial probationary period, but not during a promotional probationary period, employees will not be entitled to sick leave or vacation leave during the first six months of service. After six months of service employees will be entitled to sick leave and vacation leave, the sick leave and vacation leave to be accrued from the start of the probationary employment. Police • patrolmen shall be eligible to make use of accrued sick leave and vacation leave after six months service.] [5. How Completed. Three weeks before employees have completed their probationary service, their department heads shall evaluate their records and performances. If their records and performances are satisfactory, the department heads shall so certify to the City Manager; and, upon approval of the City Manager, these employees shall thereupon assume the status of permanent employees., If the employees' records and /or performances are found to be unsatis- factory at any time during the probationary period, the department heads shall so certify to the City Manager; and the City Manager may, upon written notice, terminate the employees immediately.] [Section 17 -107. PROVISIONAL APPOINTMENTS.] [ 1 . When Made. If necessary to prevent the stoppage of public business or inconvenience to the public, the City Manager may make provisional appointments to positions in classes for which examinations are ordinarily given and for which appropriate employment lists are not then available.] [2. Termination. Provisional appointments shall terminate by:] ORDINAN - CE NO. 75 4 [ a . Order of the City Manager, or] • [b. Expiration of the period during which any such appointments are limited by Civil Service or any other law, or] [c. The effective date of regular appointments to the positions.] [ 3. Benefits. Benefits shall not be given for service rendered under provisional appointments unless said provisional appointee at the time of the provisional appointment shall be a permanent employee in another capacity.] [ Section 17 -108. POSITION CLASSIFICATION PLAN. The City Manager shall prepare a comprehensive position classification plan for all positions covered by this ordinance. The classification plan shall group all positions covered therein accord- ing to the difficulty and responsibility inherent in each position, the nature of the work and skill required for efficient performance of the duties of the position, and the experience and training necessary to adequately perform such duties. Following the adoption of such a plan, the City Manager shall from time to time review the contents of the plan in order to insure the accuracy of its provisions over time. The City Manager shall amend the plan whenever changing circumstances make provisions of the plan obsolete.] [ Section 17 -109. COMPENSATION.] [ 1 . All employees of the City of Brooklyn Center shall be compensated according to the wages or salaries established annually by the City Council, provided, however, that the City Council may change or modify any wages or salary of any employee at any time that it deems it necessary in' interest of good administration as recom- mended by the City Manager.] [ 2. Any wage or salary so established shall represent the total remuneration for full -time employment, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the appointing authority, no employee shall receive pay from the municipality in addition to the salary authorized for any posi- tion or positions to which he has been appointed. This shall not be construed to prevent employees from working in more than one position when authorized by the City Manager.] • ORDINANCE NO. 75 -4 [ Section 17 -110. WORK PERIODS .] . [1. Regular Work Day and Week. Except for employees in the Police Department and Liquor Store, and other positions as designated by the City Council, the regular work weeks shall be forty hours, With at least two consecutive days off each week. The regular work day shall be eight working hours. The City Manager, Office Heads, Department Heads, and Division Heads shall work such additional hours necessary to satisfactorily perform the duties of their position.] [2. Full -Time Service. Full -time service is work for the number of hours which make up the regularly scheduled weekly or monthly period of services in the particular class, exclusive of leave with pay .] [3. Pro -Rata Basis. Whenever employees work for a period of less than the regularly established number of hours a day, days a week, or weeks a month, the amount paid shall bear the same relationship to the full -time rate for the class as the time actually worked bears to the, required for full -time service.] [4. Polio Department Personnel.] • [a. Minimum Work Year. All full -time employees of the Police Department shall annually accrue a minimum work year which shall equal the number of hours equal to eight (8) times the number of days in the given year excluding Saturdays and Sundays.] [b. Accrual of Minimum Work Year.] [ (1) PATROLMEN - Patrolmen shall accure hours to fulfill the requirements of the minimum work year in the following manner:] [ (a) Regular Schedule -- actual hours spent on duty shall be credited to the fulfillment of the minimum requirement.] [ (b) Training -- actual rate] [ (c) Scheduled Extra Duty -- actual rate] ORDINANCE NO. 75 -4 [ (d) Off Duty Court Time -- compensation for appearance • at court during off -duty hours shall be at the rate of 150% of the normal hourly wage, with a minimum of two hours pay at the overtime rate to be paid for each session of court at which the employee is re- quired to be present.] [ (e) Authorized Overtime -- compensation at the rate of 150% of the normal hourly rate shall be paid to nonsupervisory and noninvestigative personnel for consecutive hours worked in excess of eight per shift, provided that all overtime hours must be authorized and approved by the appropriate department supervisor and such approval shall conform to such policy as may be issued by the City Manager. Such overtime com- pensation shall be authorized . for off -duty personnel called to duty with less than 24 hours notice, with a minimum of two hours pay at the overtime rate to be paid for each call to duty.] [ (f) Other -- holidays and used vacation and sick leave shall be included in the accrual of the minimum work year at the actual rate of eight hours per day or portion thereof as used.] [ (2) SUPERVISORY AND INVESTIGATIVE PERSONNEL. Supervisory and investigative personnel shall accrue hours in fulfillment of the minimum work year at the actual rate of hours spent on regular scheduled duty, training, and scheduled extra duty, with appropriate credit for holidays, used vacation, and used sick leave. Sergeants and Investigators shall be compensated for required appearance at court during off -duty hours at the rate of 150% of the normal hourly wage, with a minimum of 2 hours pay at the overtime rate to be paid for each such session of court at which the employee is required to be present.] • 7 ORDINANCE NO. 75 -4 [ (3) CLERICAL PERSONNEL. Clerical personnel shall accure hours at the actual rate and shall be eligible for overtime . when approved by the Administrative Division head.] [ c. Scheduling. Each employee working a full calendar year shall be scheduled sufficient hours so as to insure the accrual of the minimum work year. This section shall not be construed so as to guarantee compensation for absence from scheduled duty due to i the contraction of an illness or temporary disability, the duration of which exceeds the accrued sick leave of the individual.] [ Section 177111. HOURLY AND DAILY RATES.] [I. When used. Upon approval of the City Manager, employees in specified classes may be compensated at hourly or daily rates of pay when conditions of employment warrant such action.] [ 2. How Determined. Such hourly rates shall be determined by dividing the annual wage set for employees of the class by the number of hours equal to eight (8) times the number of days in the given year excluding Saturdays and Sundays.] [ Section 17 -112. PAY RATES IN TRANSFER, PROMOTION, OR DEMOTIONS. Rates of pay of employees transferred, promoted, or demoted, shall be reviewed by • the City Council and re- established at a different level if deemed necessary.] [Section 17113. OVERTIME PAYMENT. Authorized overtime work performed by persons other than the City Manager and department, office and division heads, shall be compensated for at one and one -half times their regular rate of pay, and such persons shall be paid for a minimum of two hours of work for each time they are required to report to their offices for work during other than normal working hours. Attendance at meetings of the City Council or other duly established City boards or commissions shall not normally be considered overtime for the purposes of this section.] [ Except as provided elsewhere in this ordinance, overtime compensation at the rate of one and one -half times the normal hourly rate shall be paid only for hours accrued in excess' of forty hours per week.] [Section 17 -114. VACATION LEAVE.] [ 1 . How Much. Permanent employees shall earn vacation leave at the rate of five sixths of one working day for each calendar month of full -time service or major fraction thereof. Employees with five consecutive years of service shall earn vacation leave at the rate of one and one -fourth working days for each calendar month of full -time service or major fraction • thereof. Employees with 20 consecutive years of service shall earn vacation leave at the rate of 1 -2/3 working days for each calendar month of full -time service or major fraction thereof.] ORDINANCE NO. 75 -4 [ 2. When Taken. Vacation leave may be used as earned, except that the • City Manager shall approve the time at which the vacation leave may be taken. No employee shall be allowed vacation leave until after completion of the initial probationary period.] [ 3. Accrual. Employees with less than five years of service may accrue a maximum of fifteen working days vacation leave. Employees with five consecutive years or more of service may accrue a maximum of twenty working days vacation leave. Employees who have been unable to take vacation leave as earned and who have accumulated the maxi- mum number of vacation days to which entitled, may, after giving proper notice, absent themselves from work and avoid loss of vacation leave; unless the accrual limitation is extended by the City Council.] [4. Terminal Leave. Employees leaving the municipal service in good standing, after having given proper notice of termination of employ- ment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation.] [ 5. Waivinq Vacation Prohibited. Employees shall not be permitted to waive vacation leave and receive double pay.] [ Section 177115. SICK LEAVE.] [ 1. Eligibility. . Sick leave with a shall be ranted to robationa • pay g probationary and permanent employees at the rate of one working day for each calendar month of full -time service or major fraction thereof, except that sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial (not promotional) proba- tionary period.] [ 2. Accrual. Sick leave may be granted only for absence from duty because of personal illness, legal quarantine, or death or serious illness in the immediate family. Sick leave shall accrue at the rate of one day per month until 100 days have been accumulated and at the rate of one half day per month after 100 days have been accumulated. Workman's Compensation benefits shall be credited against the compensation due employees during sick leave.] [3. Proof Required. Imorder to be eligible for sick leave with pay, employees must•], [a. Notify their supervisor prior to the time set for the beginning of their work day.] [b. Keep their department head informed of their condition, if the ( • ,absence is of more than three days' duration.] ORDINANCE NO. I75 -4 [c. ,Submit medical certificates for absences exceeding three • ,days, if required by the City Manager.] [4. Penalty. Claiming sick leave when physically fit, except as permitted in this section, may be cause for transfer, suspension, demotion, dis- missal or other disciplinary action.] [5. No Terminal Sick Leave. Sick leave benefits shall not be granted upon termination of employment.] [Section 17Y -116. ACCRUAL DURING LEAVE. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave or sick leave.] [Section 17117. SEVERANCE PAY. Severance pay in the amount of one - fourth the accumulated sick leave employees have to their credit at the time of resignation or retirement shall be paid to employees who have been employed for at least five consecutive years,. If discharged for cause, severance pay shall not be allowed.] [ Section 17 -118. MILITARY LEAVE. Municipal employees who are called or inducted into the Federal Service by the President of the United States, or ordered by proper authority to active noncivilian duty, shall be entitled to a leave of absence for the period of such active service without loss of status. Employees who have been in the full -time service of the municipality for at least six months immediately • preceding call to service shall receive the difference between their regular municipal pay and the lesser military pay for a period of fifteen days of such military leave in the case of Reserve or National Guard active duty training periods of less than thirty days duration and full pay for fifteen days in the case of active military duty of more than thirty days duration.] [Section 17 -119. LEAVES OF ABSENCE WITHOUT PAY.] [ 1 . How Much. Leaves of absence without pay may be granted by the City Manager where the general good of the City will not be harmed. Leaves of absence without pay shall not exceed periods of ninety days unless based on disability or other good reasons. In any event, leaves of absence will not exceed one year, except for employees in the military service of the United States or those disabled while in the service of the City of Brooklyn Center. Vacation and sick leave benefits shall not accrue during periods of leave of absence without pay.] [2. Jury Duty. Employees summoned for jury duty or subpoenaed to testify in court shall receive an amount of compensation which. will equal the difference between the employees' regular pay and jury duty or witness fee compensation received.] I io ORDINANCE NO. 75 -4 [ 3. Approval Required. Leave without pay shall require the advance approval • of the department head and the City Manager.] [Section 17 -120. REST PERIODS AND HOLIDAYS.] [ 1 . Rest Periods. , Employees working under conditions where a break period is practicable are authorized a fifteen minute break period in the forenoon and a fifteen minute break period in the afternoon of each work day.] [2. Holidays Observed. The following legal holidays shall be observed as paid holidays for City employees, except as noted in paragraph 5 of this section: New Year's Day . . . . . . . . . . . . . . January 1 Washington's & Lincoln's Birthdays . . . . . Third Monday in February Good Friday ay Frida Preceding Easter . Y g Memorial Day . . . . . . . . . . . . . . Last Monday in May ,Independence Day . . . . . . . . . . . . . July 4 • Labor Day . . . . . . . . . . . . . . . . First Monday in September Christopher Columbus Day . . . . . . . . . Second Monday in October Veterans Day . . . . . . . . . . . . . . . Fourth Monday in October Thanksgiving Day . . . . . . . . . . . . . Fourth Thursday in November Christmas Day . . . . . . . . . . . . . . December 251 [ 3 . Saturdays and Sundays. When New Year's Day, Independence Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees absent from work on the day following or the day preceding such a three -day holiday weekend without the express authori- zation of the City Manager shall forfeit their rights to holiday pay for that holiday. ] [4. Overtime. Employees who work a normal Monday through Friday schedule who are required to be on duty on any holiday as set out in paragraph 2 as qualified by paragraph 3, and Police Patrolmen and Police Clerk- Despatchers who are required to be on duty on Christmas and Thanksgiving Days, shall be paid time and one -half for the hours worked in addition to the holiday pay.] I s< ORDINANCE NO. 75 -4 [5. Irreciular Work Schedules. In the case of those employees working . schedules other than the normal Monday through Friday, compensation for holidays shall be as follows:] [ a . Compensatory time off shall be granted for each of the holidays set out in paragraph 2 of this section, plus one and one -half floating holidays for police personnel. Each time off shall be taken as soon as practicable before or after the holiday for which it is accrued and as approved by the head of the depart- ment in which the worker is employed.] [b. Except as provided in paragraph 4 of this section and paragraph c below, overtime pay shall not be authorized to those persons working irregular shifts for hours worked on the above mentioned holidays when such work is part of the planned schedule.] [c. Compensation for holidays in the form of time and one -half pay in addition to holiday may be authorized for employees P Y Y p Y ,working irregular shifts only when the head of the department in which they work deems it imperative that such compensatory time as may be accrued be waived, with the employees consent, in the best interests of the City.] [Section 17 -121. TEMPORARY EMPLOYEE BENEFITS. Temporary employees p Y • and Liquor Store clerks shall not be entitled to benefits described in Section 17-102, subsection 3 with the exception that temporary full -time employees shall receive regular pay for holidays occurring during their period of employment if employed for a consecutive period of thirty (30) days prior to the holiday.] [Section 17-122. RESIGNATIONS.] [1. Written Resignations Required. To leave in good standing, employees must submit written resignations to their department heads. These written notices must indicate the effective dates of resignation and must be submitted at least fourteen days before the effective dates of resignation. Failure to comply with this procedure may be considered causel, for denying future employment by the municipality and denial of terminal leave benefits.] [ 2. Unauthorized Absences. Unauthorized absence from work for periods of three working days may be considered as resignations without benefits.] [Section 17 -123. LAYOFFS. After fourteen days advance written notice has been given, the City Manager may lay off employees because of shortage of work or Rinds, abolition of positions, or changes in organization. Permanent employees shall not be laid off while there are temporary, provisional or probationary employees • serving in the same classes of positions for which permanent employees are qualified, eligible, and available. Length of service in the same position class shall be con- sidered, but shall i not be binding.] rz ORDINANCE NO. 75 -4 [The 14 -day notice requirement may be waived for persons in permanent • rodman positions when, during inclement weather, the City Manager determines that temporary layoffs are required. Such temporary layoffs shall not affect the accrual of sick leave and vacation benefits.] [Section 17 124. DISCIPLINE.] [I. General. Employees may be warned, reprimanded, suspended, demoted, dismissed or subjected to other disciplinary measures.] [ 2. Discipline by Department Heads. Department heads may upon their own motion or upon the recommendation of a subordinate supervisor, discipline employees in their departments by issuing warning notices, reprir ands, and by recommending suspension to the City Manager. For the purposes of this section only, department heads are the following: Director of Finance, Director of Public Works, Chief of Police, Chief Inspector, Director of Parks and Recreation, Liquor Store iManager, Assessor and the Superintendent or Division heads of the Engineering Division, Street Division, Public Utilities Division.] [ 3. Discipline by City Manacter. The City Manager may upon his own motion, or upon the recommendation of a department head, discipline employees. The City Manager shall not impose disciplinary sus- pension for periods of greater than 30 working days for any single offense. The decision of the City Manager in such matters shall be final 4 [4. Procedure. In all cases of disciplinary action a dated written notice of the disciplinary pl y action shall be presented to the employee.] [Section 17 -125. DEMOTIONS. Employees may be demoted by the City Manager on the basis of merit, fitness or for cause.] [ Section 17 -126. DISMISSAL. Employees subject to the provisions of this ordinance may be dismissed from the municipal service by the City Manager on the basis of merit, fitness, or for cause. Cause shall include, but not be limited to, evidence of any one of the following:] [1. Incompetence, or inefficient performance of duties.] [ 2. Conviction-of a criminal offense or a misdemeanor involving moral turpitude.] [ 3. Insubordination.] I i i f� ORDINANCE NO. 75 -4 [ 4. Violation of any lawful or official rule, regulation or order, or failure • to obey any lawful direction made and given by a superior officer where such violation or failure to obey amounts to an act of insub- ordination or a breach of proper discipline, or has resulted or reasonably might be expected to result in loss or injury to the municipality or be detrimental to the public welfare.] [ 5. Intoxication or the consumption of alcoholic beverages on duty.] [ 6. Physical or mental defect which, in the judgment of the appointing authority, incapacitates the employee for the proper performance of the duties of this position. (An examination by a licensed doctor may be required and imposed by the appointing authority. )] [ 7. Wanton use of offensive conduct or language toward the public, municipal officers, superiors or fellow employees.] [ 8. Failure to pay or make reasonable provisions for future payment of just debts due or owing by him causing thereby annoyance to officers and employees or the municipality.] [9. Carelessness and negligence in the handling or control of municipal property.] a [10. Induc,ing or attempting to induce an officer or employee of the munici- pality] to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order.] [11. Taking any fee, valuable gift or other valuable thing in the course of his work or in connection with it from any source for his personal use, when such gift, fee or other thing, '.is given in the hope of expectation or receiving a favor or better treatment than that accorded other citizens.] [12. Conduct in private life or municipal service which brings discredit upon the municipal service.] [13. Deliberately filing or making a false or improper report or statement.] [14. Proven dishonesty in the performance of duties.] [15. Violations of the provisions of these ordinances.] [16. Use of City of Brooklyn Center vehicles, tools, equipment and /or materials for other than official purposes, unless expressly authorized by the City Manager or City Council.] • [17. Becoming the surety or official bond (including bail bond) of any other City employee.] ORDINANCE - I ANCE NO. 75 4 [18. Holding any other public office or employment which is incompatible • with their duties as City employees, as determined by the City Manager.] I [19. Failure to report any interest arising from any relationship which may creat� a substantial conflict of interest with respect to their duties as employees of the City of Brooklyn Center.] [Section 17.127. GRIEVANCE POLICY. It is the policy of the City insofar as possible to prevent occurrence of labor grievances and to deal promptly with those which occur. Wh�n any labor grievances, other than matters covered in Section 17 -124, 125, and 26, comes to or is directed to the attention of any supervisory employee of the City, the supervisory shall promptly discuss all relevant circum- stances with the employee and his representative if he so desires, consider and examine the cause of the grievance and attempt to resolve it to the extent of his authority. Failing at that level, the grievance may be carried to higher authority, to and including the City Manager.] [Section 17- -128. RETIREMENT. Employees subject to this ordinance shall be automatically retired from municipal service upon reaching sixty -five years of age, except that the City Manager may extend the employment of employees beyond age sixty -five if such continued employment is considered to be in the _best interests of the City of Brooklyn Center.] [ Section 17T129. PROHIBITIONS. No person shall willfully or corruptly • make any false statement, certificate, mark rating or report in regard to any test, certificate, or appointment held or made under the municipal personnel system or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this ordinance. No person seeking employment to or promotion in the municipal service shall either directly or indirectly give, render, or pay any money,, services or other valuable consideration to any person, for or on account of or in connection with promotion or proposed promotion.] [Section 17. 130. SOLICITATION.] [1. It shall be unlawful for employees to solicit any pay, commission, money or anything of value or attempt to derive any benefit, profit or advantage, directly, from or by reason of any dealings with or service for the City of Brooklyn Center by themselves or by authority from or by reason of any improvements, alterations or repairs re- quire c by the authority of the City of Brooklyn Center except lawful compo ll nsation or salary as such employees.] [2. Penalty. Any person violating this section shall upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than ninety (90) days for each ?pffense.] i ORDINANCE NO. 1 175 -4 [ Section 17' 131. POLITICAL ACTIVITY.] • [1. Campaigninq for Others. No employee shall seek or accept election, nomination, or appointment as an officer of a political organization whichi is taking part in a political campaign for City elective office, nor shall an employee serve as a member of a committee, or act as spokesman of such organization. Employees shall not seek signa- tures to any petition, act as a worker at the polls, use his or her name in support of candidates, nor distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or for nomination to a public elective office of the City.] [ 2. Voting and Seeking Office. This section shall not be construed to prevent any employee from becoming on continuing to be a member of a political club or organization or from attendance at a political meeting or from enjoying entire freedom from all interference in casting his vote for the candidate of his choice, nor shall construction of this suction, except as provided below, limit or restrict employees from $'eeking election or accepting appointment to elective public officels other than those of the City. Employees of the City shall not seek or accept elective public offices of the City.] [ 3. Leaves of Absence. Employees seeking public elective offices other than those of the City may be granted leaves of absence without pay, • during their campaigns if, in the judgment of the City Manager such a leave would not be detrimental to the best interests of the City. However, if the needs of the City service require, the vacancy thus created by the absence of the employee may be filled and the employee terminated.] [Section 17 -132. EMPLOYEES ADVISORY BOARD. There shall be established and maintained and Employees' Advisory Board to serve in an advisory capacity to the City Manager in the formulation of personnel policies, administration of per- sonnel programs, and consideration of matters affecting the quality of services of municipal departments. This board may investigate, consider, report and /or make any recommendations deemed proper in the area of personnel administration.] [ 1 . Makerup and Selection. The Employees' Advisory Board shall consist of three employees subject to the provisions of this ordinance who shall be elected by the employees subject to the provisions of this ordinance. It shall be the duty of the City Clerk to arrange for necessary elections. Provisions shall be made so that no two of the elected members shall be from the same department, except that no elected member shall be precluded from completing his term on the Employees' Advisory Board because of transfer or promotion.] ORDINANCE NO. 175 -4 [ 2. Terms of Office of Employee Members. Each of the elected employee • members shall serve three years. There shall be no re- election for consecutive terms, but persons who have been off the Employees' Advisory Board for one year shall then be eligible for re- election.] [3. Vacancies. If a member whose unexpired term is less then one year should depart for any reason and thereby create a vacancy, a new member shall be chosen by the remaining members. If the unexpired term of a departed member is more than one year, the vacancy shall be filled by a special employee election.] I [4. Functions. The Employees' Advisory Board shall be advisory only, and members are not vested with any administrative authority beyond that which they are entitled to by virtue of their regular positions.] [Section 171-133. REPEAL. The provisions of Chapter 17 of the ordinances of the Village of Brooklyn Center as adopted on February 8, 1965, as amended, are hereby repealed, and this ordinance shall hereafter be known as Chapter 17 of the City Ordinances and the sections of this ordinance numbered therein as herein designated.] [Section 17 -134. EFFECTIVE DATE. This ordinance shall be effective from and after its passage and publication and upon the conversion from Village to City government.] • Section 2: Chapter 17 of the City Ordinances is hereby amended by the addition of the following: AN ORDINANCE ESTABLISHING A BASIC PERSONNEL POLICY FOR THE CITY OF BROOKLYN CENTER. MINNESOTA Section 17 -101. PURPOSE OF THE ORDINANCE. It shall be the purpose of this ordinance to establish a uniform and equitable system of municipal personnel administration fort all employees of the City of Brooklyn Center. It is hereby declared to be the policy of the City that: I . Employment in the City service shall be based on merit and fitness,, free of personal, political, religious, gender, aqe, and racial considerations. 2. Just and equitable incentives and conditions of employment shall be established and maintained to promote effectiveness and economy in the operation of the City government. 3. Positions having the same duties and responsibilities shall be classified and compensated on a uniform basis. I ORDINANCE NO. 175 -4 4. Good employee morale be promoted by consideration of the rights • and interests of emDlovees consistent with the best interests of the public and the City government. 5. Tenure of employees shall be sub iect to proper conduct, the satis- factory performance of work. the availability of work, and the availability of funds. Section 17 -102. DEFINITIONS. For the purposes of this ordinance, the following definitions shall apply: 1 . Empl over: The Citv of Brooklyn Center. 2. Permanent Employee: An emDlovee who has completed his probationary period and who has been appointed to serve on a Permanent full -time or permanent Dart -time basis in a Position so provided in the budget or otherwise expressly established by the City Council. 3. Temporary emplovee: An emDlovee who has not acquired the status of a permanent emDlovee, and who is employed on a temporary full -time or temporary Dart -time basis. 4. Benefits: Privileges granted to an employee in the form of vacation leave', sick leave, holiday leaves, military leave, military • pay, insurance, or severance pay. 5. Regular pay rate: An employee's hourly or monthly pay rate, excluding special allowances other than police college incentive. Section 17 -103. POSITIONS COVERED BY THIS ORDINANCE. All offices and Positions in the municipal emDlov. now existing or hereafter created, shall be subject to the provisions of this ordinance, except that: 1. The following offices and positions shall be whollv exempt from the provisions of this ordinance. a. Officials elected by the People. b. Members of boards and commissions. C. Volunteer members of the Fire Department. d. City Manager. e. City Attorney. I • ORDINANCE NO. I75 -4 2. Employees covered by formal labor contracts with the City shall be • exempt from those provisions of this ordinance which are in conflict with labor contract provisions and such employees shall be limited to the benefits provided in such labor contracts. Section 17 -104. APPOINTMENT PROCEDURE AND CONDITIONS. 1 . By City Manager. All appointments to positions in municipal service shall 'be made by the City Manaaer according to merit and fitness, consistent with the provisions of the City Charter. 2. Relationship to Other City Personnel._ Whenever possible, and with due r Gard for merit and fitness, the City Manaaer shall avoid the app of any person when such person is related to any elected or appointed officer or permanent employee of the City. (In the application of this Policy. a person shall be regarded as related if such �erson is a brother, sister, spouse, the lineal ancestor or descendant of the prospective employee, or the husband or wife of any such brother, sister, ancestor or descendant, or the first cousin, or the spouse of the first cousin of the prospective employee.) 3. Resid�ncv Policy. Emeraencv public safety response requirements dictate that a reasonable public policy be established for police officer residency. It is thereby declared that within eiqhteen months after original appointment police officers shall reside within the follo'winq described boundaries: East of Mississippi River - An area bounded by Mississippi Street on the north, Central Avenue (Hwy. #65) on the east and Lowry Avenue on the south. West of Mississippi River - That area of Hennepin County bounded on the south by 26th Avenue North (extended) and on the west by State Hiqhways #55 and #101. Section 17-l05. PROMOTION FROM WITHIN THE SERVICE. It shall be the olicy to fill non - (man agement vacancies i n the municipal service by promotion of permanent employees insofar as consistent with accepted management practices; to post notice of intent to fill such vacancies for five days: and, in case of equal qualifications, to give consideration to length of service. Section 17- 06. PROBATIONARY PERIOD. 1 . Purpose. The probationary period shall be regarded as, an inteqral part of the examination process and shall be utilized for: ORDINANCE NO. 75 -4 a. Closely observing employees' work. • b. Securing the most effective adjustment of employees to their positions. C. Dism' issina employees whose performances do not meet required work standards. 2. Durat' on. All original permanent appointments shall be probationary. Non- olice employees shall be subiect to a probationary period of six m nths service after appointment. At any time during the pro - batio ary period employees may be transferred or dismissed if their perfor ances do not meet the requirements for the position as defined by the City Manager. 3. Applies to Promotions. Promotion shall be subiect to a probationary perio of six months. If employees who have been promoted are found unsuited for the work of the positions to which promoted, they may be reinstated to the position and rate of Day the position from which promoted, so long as a vacancy exists. 4. Affects Leave Benefits. During the initial probationary period, but not during a promotional probationary period, employees will not be entitled to sick leave or vacation leave during the first six months of servi e. After six months of service employees will be entitled to sick 1 ave and vacation leave. the sick leave and vacation leave to be ac T rued from the start of the probationary employment. 5. How Completed. Three weeks before emplovees have completed their Probationary service, their respective department heads shall evaluate their records and performances. If the employees' records and per- formances are satisfactory, the department heads shall so certify to the City Manager and. upon approval of the City Manager, these emplo ees shall thereupon assume the status of permanent employees. If the employees' records and /or performances are found to be unsatis- factory at any time during the probationary period, the department heads shall so certify to the City Manager and the City Manager may, upon written ritten notice, terminate the emplovees immediately. If employee performances are found to be marginal during the probationary period, the C'ty Manager and a respective employee may mutually agree to an exl ension of the probationary period to permit further possible satisf actory development. Section 17- 07. COMPENSATION. 1. All employees of the City of Brooklyn Center shall be compensated within wage and salary schedules established annually by the City Councfil, provided, however, that the City Council may amend such schedules at any time that it deems necessary in the interest of good personnel administration as recommended by the City Manager. .,? c ORDINANCE NO. 75 -4 2. Any wage or salary so established shall represent the total remuneration for tillovment, but shall not be considered as reimbursement for offi travel or other expenses which may be allowed for the conduct of official business. Unless approved by the appointing authority, no employee shall receive pay from a municipality in addition to that authorized for any position or positions to which he has been appointed. This shall not be construed to prevent employees from working in more than qne position when authorized by the City Manager. Section 17- 1 1 08. WORK PERIODS. 1 . Regul r Work Day and Week. Except for sworn employees in the Police Department, the full -time regular workweek shall be forty hours„ generc llv with at least two consecutive days off each week and the regular workday aenerallv shall be eiaht working hours. Management personnel shall work such additional hours necessary to satisfactorily fulfill the duties of their position. 2. Police Work Year. Sworn employees in the Police Department shall annua: lv accrue a minimum work year consisting of a number of hours equal to eight (8) times the number of day_ s in a respective vear exclu inq Saturdays and Sundays. 3. Full -Time Service. Full -time service is work for the number of hours • which make up the reaularlv scheduled weekly or other period of service in a p rticular classification, exclusive of leave with pay. 4. Pro -R to Basis. Whenever permanent employees work for a period of less t an the regularly established number of hours a day, days a week , I or weeks a month. the amount paid shall bear the same relati nship to the full -time monthly rate for the classification as the tie actually worked bears to the time required for full -time service. Section 17 -109. CALCULATION OF HOURLY RATES. Hourly compensation rates shall be determined by dividina the annual wane (twelve times the monthly wage) set for a classification by the number of hours equal to eiaht times the number of days in the given year, excludina Saturdays and Sundays. 1 Section 17 -110. OVERTIME AND CALL -BACK PAYMENT. 1. Pursuant to federal and state wage and hour laws, authorized overtime work in excess of the regular workweek performed by persons other than the City Manaaer and exempted executives, administrators and Professional employees. shall be comp_ ensated for at one and one -half times :heir regular rate of pay. I ORDINANCE NO. 75 -4 2. A permanent employee aiven less than twentv -four hours notice for a • call -knack to duty at a time other than his normally scheduled work perio6 shall be compensated at one and one -half times the employee's regular pay rate for hours worked outside of the scheduled work period. Section 17 -_ 11. VACATION LEAVE. 1. Amour..t. Permanent employees shall earn vacation leave at the rate of five - sixths of one workina day for each calendar month of full -time service or maior fraction thereof. Employees with five consecutive years of service shall earn vacation leave at the rate of one and one - fourth workina days for each calendar month of full -time service or major fraction thereof. Employees with fifteen consecutive years of service shall earn vacation leave at the rate of one and two - thirds workina days for each calendar month of full -time service or maior fraction thereof. Employees usina earned vacation leave or sick leave shall be considered to be workina the purpose of accumulating additional vacation leave. 2. UsaaE . Vacation leave may be used as earned, except that the City Manager shall approve the time at which the vacation leave may be taken„ 3. Accrual. Employees with less than five years of service may accrue • a max'mum of fifteen working days vacation leave. Employees with five to fifteen consecutive years of service may accrue a maximum Of tw ntv working day_ s vacation leave. Employees with fifteen conse --utive years or more of service may accrue a maximum of twenty -five workina days vacation leave. Accruals in excess of the established maximums may be Granted by the City Manaqer in the best interests of the City. 4. Termination Provisions. Employees leaving the municipal service in good standina , after havina aiven proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. 5. Waivi'na Vacation Prohibited. Employees shall not be permitted to waive vacation leave and receive double Pay. Section 17 -1.12. SICK LEAVE. 1. Eligib ility . Sick leave with pay shall be Granted to probationary and permanent employees at the rate of one workina day for each calendar month of full -time service or major fraction thereof. ORDINANCE NO. I -4 2. Usage. Sick leave may be used only for absence from duty because . of personal illness, leaal Quarantine, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grand»arents -in -law, and arandchildren of the employee. 3. Accrual. Sick leave shall accrue at the rate of one day per month until 00 days have been accumulated and at the rate of one -half day p r month after 100 days have been accumulated. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workrlen's Compensation benefits shall be credited against the comp nsation due employees during sick leave. 4. Proce ure. In order to be eligible for sick leave with pay, employees must: a. Notify their superior prior to the time set for the beginning of their normal workday. b. Keep their superior informed of their condition if the absence is of more than three days duration. C. Submit medical certificates for absences exceeding three days if required by the City Manager. 5. Misuse Prohibited. Emplovees claiming sick leave when physically fit, ecept as otherwise permitted in this section, shall be cause for disciplinary action. 6. No Te rminal Sick Leave. Sick leave benefits shall not be granted upon termination of employment. Section 17 -113. SEVERANCE PAY. Severance pay in the amount of one - fourth the accumulated slick leave emplovees have to their credit at the time of resignation„ retirement, or death shall be paid to emplovees who have been employed for at least five consecutive years. If discharaed for cause, severance pay shall not be allowed. Section 17 -114. MILITARY LEAVE. 1 . Employees ordered by proper authority to National Guard or Reserve military service not exceedina fifteen days in any calendar year shall be en itled to leave of absence without loss of status. Such employees shall receive compensation from the employer equal to the difference • between his regular pay rate and his lesser military pay. ORDINANCE NO. 75 -4 2. Employees called and ordered by proper authority to active military • service in time of war or other properly declared emergencv shall be entitled to leave of absence without pay during such service. Upon comp,Letion of such service employees shall be entitled to the same or similar employment of like seniority_ , status, and pay as if such leave had not been taken, subiect to the specific provisions of Chapter 192 of the Minnesota Statutes. Section 17 -115. LEAVES OF ABSENCE. 1. Leaves of absence without pay may be Granted by the City Manaqer where the best interests of the City will not be harmed. Such leaves shall not exceed periods of ninety calendar days unless based on disability or other aood reasons. Vacation and sick leave benefits shall not accrue durina periods of leaves of absence without pay. 2. Employees summoned for fury duty or subpoenaed to testifv in court on behalf of the Employer or for reasons arowina out of City employment shall receive an amount of compensation which will equal the difference between the employee's reaular Day fury duty or witness fee com- pens&tion received. Section 17 -116. RELIEF PERIODS. Full -time employees working under con- ditions where a break period is practicable are authorized a fifteen minute relief • period during the first half of the work shift and a fifteen minute relief period durinq the second half o= the work period. Section 17 -117. HOLIDAY LEAVE. 1. Holidays Defined. Holiday leave shall be granted for the following holidays: New Year's Day January 1 Washington's & Lincoln's Birthdays Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Christopher Columbus Day Second Monday in October Veteran's Day November ll • Thanksgivinq Day Fourth Thursday in November ORDINANCE NO. 75 -4 Post - Thanksgiving Day Friday after Fourth Thursday • in November Christmas Day December 25 2. Major) Holidays. When New Year's Day, Independence Day, Veteran's Day or Christmas Day fall on Sunday, the following days shall be obsen<red as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees absent from work on the day fallowing or the day preceding_ such a three -day holiday weekend without the express authorization of the City Manager shall forfeit their rights to holiday pay for that holiday. 3. Premium Pay. Empl.ovees who work a Monday through Friday workweek who a reauired to be on duty on any holiday as set out in paragraph 1 as gu4lified by paraaraph 2. and Police Department Clerk- Dispatchers who are reauired to be on duty on the day shift on Thanksaivina, the mid -shift on Christmas Eve. the next succeeding night shift, and the next Succeeding day shift on Christmas Day, the mid -shift on New Year's Eve, �he next succeedina night shift and the next succeeding day shift on New Year's Day be paid time and one -half for the hours worked in addition to the holiday pay. 4. Irregular Work Schedules. Tn the case of those employees whose work function involves workina schedules other than a Monday through Friday workweek, compensation for holidays shall be as follows: a. Compensatory time off shall be aranted for each of the earned and accrued holidays defined in paraaraph 1 , plus an additional "floating" holiday for sworn Police Department personnel and Clerk- Dispatchers. Each time off shall be taken as soon as practicable after the holiday for which it is accrued and as approved by the Employer. b. Except as provided in paraaraph 3 of this section and paraaraph c below, premium pay shall not be authorized to those persons working irregular shifts for hours worked on holidays when such work is part of the planned schedule. C. Compensation for holidays in the form of premium time and one -half pay in addition to holiday pay may be authorized for employees working irregular shifts only when the City Manager deems it imperative that such compensatory time as may be accrued be waived, with the employee's consent, in the best interests of the City. ORDINANCE NO. 75 -4 Section 17-1118. TEMPORARY EMPLOYMENT BENEFITS. Temporary employees, • includinq part -time liquor store clerks, shall not be entitled to benefits described in Section 17 -102, subsection 4. Section 17 -119. RESIGNATIONS. 1 . Written Resiqnations Required. To leave employment in qood standinq, employees must submit written resiqnations to the Employer. Such written notices must indicate the effective date of resiqnation and must be submitted at .least 14 calendar days before such effective date. Failure to comply with this procedure may be considered cause for denyinq future employ_ ment bv_ the municipality and denial of terminal leave benefits. 2. Unauthorized Absences. Unauthorized absence from work for a period of three working days may be considered as resignation without benefits. Section 17 -l20. LAYOFFS. After fourteen calendar days prior written notice, the City Manager may lay off permanent employees because of shortaqe of work or funds, abolition of Positions. or other reasons. The City Manaaer may lay off temporary employees with no prior notice. Permanent employees shall not be laid off while there are temporary or probationary employees servina in the same positions for which Permanent employees are qualified. eligible. and available. Lenqth of service in the same position classification shall be considered, but shall not be • bindinq. _ Section 17 -121. DISCIPLINE. 1. General. Employees may be warned, reprimanded, suspended, demoted, dismissed or subjected to other disciplinary measures. 2. Discipline by Department Heads and Supervisors. Department heads or their representatives may, upon their own motion or upon the recom- mendation of a subordinate supervisor, discipline employees in their departments by issuinq warnings and reprimands, or by recommending suspension, demotion. or dismissal to the City Manaqer. Supervisors may, upon their own motion, discipline subordinates by issuing warninqs and reprimands or by recommendinq suspension, demotion, or dismissal to a res department head. For the purposes of this section only, department heads are the followina: Director of Finance, Director of Public Works, Chief of Police, Director of Plannina and Inspection, Director of Parks and Recreation. Assessor, and Liquor Store Manaaer. 3. Discipline by City Manaaer. The City Manaaer may, upon his own motion or upon the recommendation of a department head, discipline employees. The City Manaaer shall not impose disciplinary suspension for periods of greater than thirty workinq days for any sinqle offense. The decision of the City Manaqer in such matters shall be final. ORDINANCE NO. 7 4. Procedure. In all cases of disciplinary action a dated written notice of the proposed disciplinary shall be presented to the employee. Section 17 -122. DEMOTIONS. Employees may be demoted by the City Manager on the b sis of merit, fitness or for cause. Section 17 -x,23. DISMISSAL. Employees subject to the provisions of this ordinance may be dismissed from the municipal service by the City Manager on the basis of merit, fi ness or for cause. Cause shall include, but not be limited to evidence of anyone of the following: 1. Incompetence or ineffective performance of duties. 2. Conviction of a felony offense or a misdemeanor involving moral turpitude. 3. Insubordination. 4. Viola ion of any lawful or official rule, regulation or order, or failur to obey any lawful direction made and given by a superior. 5. Intoxication on duty or the consumption of alcoholic beverages or nonpre=scription drugs on duty. • 6. Physical or mental defect which, in the judgment of the appointing authority, incapacitates the employee from the proper performance of his duties. (An examination by a licensed doctor may be required and imposed by the appointing authority.) I 7. Wanton use of offensive conduct or language toward the public,, municPal officers, superiors or fellow employees. 8. Carelessness and nealiaence in the handling or control of municipal property. 9. Inducing or attempting to induce an officer or employee of the munici- pality to commit an unlawful act or to act in violation of any lawful and r asonable official regulation or order. 10. Soliciting or accepting any gift, gratuity, loan, reward, discount, valuable favor, or any such thing of value which is sought or offered on a basis reasonably considered to be related to City employment and not generally available to members of the general public. 11. Deliberately filing or make a false report or official statement. • 12. Proven dishonesty in the performance of duties. ORDINANCE NO. 1 75 -4 13. Violations of the provisions of this ordinance. • 14. Holding any other public office or employment which is incom- patible with City employment responsibilities, as determined by the City Manager. 15. Failure to report any arising from any relationship which'I may create a substantial conflict of interest with respect to official duties for the City of Brooklyn Center. Section 17 -124. GRIEVANCE POLICY. It is the policy of the City insofar as possible to deal promptly fairly with grievances arising out of terms and condi- tions of employment. A permanent employee claiming a grievance shall submit such grievance to the employee's_ supervisor who shall consider and examine the grievance and attempt to resolve it to the extent of his supervisory authority. Failing at that level, the grievance may be referred by the employee to his department head who shall consider and examine the grievance and attempt to resolve it. Failing at that level the employee may refer his a_rieva_ nce to the City Manager for disposition. Failing at that level the employee may present his grievance to the Public Employ- ment Relations Bo rd pursuant to State law. Section 17 -125. RETIREMENT. Employees subiect to this ordinance shall be automatically retired from municipal service upon reaching sixtv -five years of age, except that the City Manager may extend the employment of employees beyond age sixtv -five if such continued employment is considered to be in the best interests of -the City of Brooklyn Center. Section 17 -1.26. POLITICAL ACTIVITY. 1 . Campaigning for Others. No employee shall seek or accept election, nomination, or appointment as an officer of a political organization which is taking part in a political campaign for City elective office, nor =an all an employee serve as a member of a committee, nor act as spoke man of such organization. Employees shall not seek signatures to any petition, act as a worker at the polls, use his or her name in suppo�t of candidates, nor distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or for'Inomination to a public elective office of the City. 2. Voting and Seeking Office. This section shall not be construed to preve t any employee from becoming or continuing to be a member of a political club or organization or from attendance at a political meeting or from eniovina entire freedom from all interference in casting his vote for the candidate of his choice, nor shall construction of this section, except as provided below, limit or restrict employees from seeking election or accepting appointment to elective public offices other than those of the City. Employees of the City shall not seek nor accept elective public offices of the City. ORDINANCE NO. 75 -4 3. Leaves of Absence. Employees seeking public elective offices other • than those of the City may be granted leaves of absence without pay during their campaigns if, in the iudgment of the City Manager, such a leave would not be detrimental to the best interests of the City. Howe er, if the needs of the City service reauire, the vacancy thus creaZd by the absence of the employee may be filled and the employee terminated. Section 17 -127. EMPLOYEES ADVISORY BOARD. There shall be established and maintained an Employee's Advisory Board to serve in an advisory capacity to the City Manager I in the administration of personnel programs. 1. Make' -up and Selection. The Employee's Advisory Board shall consist of three employees who shall be elected by all City employees. It shall be the duty of the City Clerk to arrange for such elections. Provisions shall be made such that no two of the elected members shall lbe from the same department, except that no elected members shall be precluded from completing his term on the Employee's Advis'' Board because of transfer or promotion. 2. Terms of Office. Each of the elected employee members shall serve three year terms. No board member may succeed himself, but shall be el�gible for re- election to the Advisory Board following at least a one year absence from board membership. 3. Vacancies. Board vacancies shall be filled through appointment by remai' ing board members if the unexpired term of such vacancy is less han one year. If the unexpired term is more than one year, the v cancv shall be filled by a special election of all employees. 4. Functions. The Employee's Advisory Board shall be limited to an I advisory capacity to the City Manager, and members are not vested with any administrative authority beyond that which they are entitled by vi ue of their employment positions. Section 3: 1, This ordinance shall become effective after adoption and upon thirty (30) days fallowing its legal publication. Adopted this IOth day of February 19 75 r1 Mayor ATTEST: '" . Clerk Published in the fficial newspaper January 16, 1 975 Effective Date ebruary 15, 1 975 (Brackets indicate matter to be deleted, underline indicates new matter.)